fS ■■ /■rf r ■^ J^^ ^k tm i^R'A'^^ iTt^^^V^B j ^B kHU^' V9^ i'tI^^^l^B sS^ 18^ -■tfii .J>53S6£;^fe- THE IParlt^m^tttsi antf drouncilsi (Sfttfllawlr, CHEOXOLOGICAILY AEEAXGED, FROM THE REIGN OF WILLIAM I. THE REVOLUTION IN 1688. DEDICATED, BY PERMISSION TO HER MAJESTY. CHARLES HENRY PARRY, F.R.S., Soil. Memler of the " SocieU Frmcaise de Statisiiqite UnivflrscUe: LONDON : JOHN MUREAY, ALBEMARLE STREET. MDCCCXXXIX. SPR^OKELS S^ TO HER MOST EXCELLENT MAJESTY THE QUEEN. Madam, The condescension with whicii Your Majesty- has been graciously pleased to sanction this first attempt to place in the hands of all Your Majesty's Subjects, a Digest of the Records which relate to the Parliamentary and Con- stitutional History of our Country, calls forth my warmest acknowledgments. At a Period, when, under the blessings of a continued peace, Knowledge is diffusing itself amongst all Classes of the Community, and when, by British energy and intelligence, the Sciences and Arts are making unexampled progress, it has been regretted that this important branch of cur Historical Literature should have received little attention, and that the means of attaining authentic Constitutional 4 DEDICATION. information, should, therefore, still be inaccessible to a great majority of the Inhabitants of these Realms. It is hoped, that, by abridging the labour of research, the following Exposition of the Records which illustrate our Parliamentary History, may facilitate the acquisition of sound Political Knowledge, and that an acquaintance with the Principles and Practice of the British Constitution, may tend to give stability to Your Majesty's Throne, and to sustain the Prosperity and Magnificence, which, during so many Centuries, have distinguished the British Empire. That it may please the Sovereign Ruler of the Universe to grant Your Majesty a long and prosperous Reign, and that, by the exercise of those Personal Virtues which are hailed and acknowledged by all Your Majesty's loyal Subjects, it may be permitted You to promote the substantial welfare and glory of Your People, and Your own enduring Happiness and Renown, is, Madam, the earnest Prayer of Your Majesty's Most obedient and devoted Servant, CHARLES HENRY PARRY. Summer Hill, Bath, 1839. EXTRACTS FROM LETTERS ADDRESSED TO THE AUTHOR. "The Duke of Wellington presents his compliments to Mr Parry, and begs leave to acknowledge the receipt of his note. The Duke returns his thanks to Mr Pai-ry for his work." " Sir Robert Peel presents his comphments to Mr Parry, and begs leave to retui-n his acknowledgments for the volume wliich Mr Parry has been good enough to send to Sir Robert Peel, and wliich shall receive his attention at the first moment of leisure from the pressure of Parliamentary' business. The slight inspection which Sir Robert Peel has been enabled to give to the work, convinces him that it is a very useful and instructive record of important facts in the Parliamentary annals of his country." Mr Murray. " When I last had the pleasm-e to see you, I had not seen your Book, nor was I aware of the importance of its contents, and the evidence of labour on your part which it displays. I am sure it will reflect the highest credit on its author." Sir Harris Nicolas. "I wish to repeat that I consider your volume one of the most valuable works in every point of view that has appeared for a long time. " There is no other book which contains all the facts ; and historical writers, who prefer truths to theories, will find it a most useful collection of dates and events, which they would pass hours in finding in the voluminous som-ces which you have consulted, for any period to which then- labom-s refer. Wherever I go, I speak of the advantages which liistorical iiiquu'ers will derive from it; and, while I congratulate our fraternity on its publication, 1 must extend my felicitations to its author, on the termination of his long and wearisome labours. No one, indeed, can better understand your feelings on this occasion than myself ; and, therefore, I can sincerely congratulate you upon the completion of a work with the utility and value of which I am so much impressed, that 1 am perfectly ready to avow my opinion in any way you may think advisable." Sir Francis Falgrave. " I am truly obliged to you for your kind gift of your valuable work on Parliaments. It is a very great accession to our Constitutional Literatiu-e, and ought to be considered an indispensable adjunct to every gentleman's library. It is such a conspectus of the rise and progress of our Legislatm'c, as to become the most legitimate guide to the general progress of oui- National History. With respect to my own publications, I can only say that the proudest reward I can find for my laboui's is the employment of them by the very, very few, who, like you, are able and \villing to devote their industry and talents to the working up of the raw materials which I have been enabled to bring together." Rev. Joseph Hunter. " I value your work on Parliaments and Councils very much, and regret that I was not in possession of it sooner. I have referred to it several times in the course of the labours on which I am at present engaged, and, I think, never without finding in it something that was useful." William Wordsioorth. " Pray accept my cordial thaiJcs for your ^•cry valuable volume on the ParUaments of England ; from which, advanced in life as I am, and often interrupted by weak and iuilamed eyes, I hope to derive great benefit." Secretaire du Cuhinet (Franfois). " Vous avez bien vonlu offrir au Roi (Louis Philippe) un oxeraplaire de I'interossant ouvrage que vous avez public sur les Parlomens Anglais. Sa majeste a cste toucliee de cette attention, amsi que des souvenirs de famille que vous lui rappelez. Elle m'a charge dc vous Ic tenioigncr, Monsieur, en vous transmettant tons scs remerciemens." PREFACE. "Parliamentaufa Scientla quserenda ab omnibus, incOj^- nita nuiltis." The lapse of more tban tvv^o centuries has not diminished the force of either of these Propositions advanced by Sir Edward Coke. It will scarcely be denied, that, in these times, such knowledge is desirable, or that upon few subjects of general interest, is the want of it more conspicuous, than in questions connected with the origin and developement of the Constitutional History of our own Country. TJiis ignorance may generally be ascribed to one of two causes, either to a conceit which does not prevail to the same extent in any other department of inquiry, or to the difficulty of obtaining information on a subject of unquestionable im- portance. It was a saying of Socrates, that though no man undertakes a trade which he has not learned, in that of Government, the hardest of all trades, every one considers himself sufficiently qualified by the gifts which he has received from nature. It is no less true, in our own days, that, though in all other sciences and in every mechanical art, a long experience and much industry are considered necessary for the attainment of a moderate degree of excellence, in the difficult science of Legislation, these means are not unfrequently neglected in the pursuit of the same end. Hence it happens that manv incompetent Persons, fancying themselves endowed with talents, which instinctively fit them for immediate action, enter, with confidence, upon the business of Legislation ; and b G PHEFACE. that others, under the impulse of caprice or prepossession, exercise the responsible function of determining by their votes, the merits of those who are to be the Framers of Constitu- tional Enactments. To this unfavourable combination of circumstances, may be traced numberless errors, which have proved the abundant source of national misfortunes. If, however, these observations are generally true and im- portant, it must also be acknowledged that, in no period of our History, have intelligence and correct information been more necessary, than in the days in which we live. At no previous moment, has the want of preparatory acquirements been more calculated to produce extensive mischief, than under the changes which have been recently introduced in the Political relations of the People. By the extension of their Privileges, they have been compelled suddenly to decide upon measures which very intimately affect their own welfare, and the common prosperity of the Empire. They have been called upon to express their sentiments on Public Affairs, and by their conduct, to determine the most influential consequences. It can scarcely excite surprise, that under these newly-acquired Powers, and labouring under some degree of vmavoidable ignorance as to the nature of that Constitution, which they are bound to protect and support, they should sometimes commit errors of speculation and practice : or, that in the selection of those, who are to represent their unrestrained feelings and opinions, they should sometimes be disposed to seek, as the only security for the discharge of com- plicated and momentous duties, the pledge given to a parti- cular Party, to pursue, at all events, a prescribed line of conduct, whether consistent, or otherwise, with the permanent and enduring interests of the Commonwealth. Can it, indeed, be fairly expected that Persons so circum- stanced, should follow the advice of Lord Bacon, " Ut cum PRLFACF.. 7 calculis suffragiorum, sumant niag-nanimitatem Reipublicre;" put off private considerations, and raise tlieir thoughts to the Public State; or, at the sacrifice of their imaginary interests, adopt, universally, "the scheme of policy which the Public interest requires?" That such a state of things may exist without any very heavy imputation on a numerous class of individuals, who are placed under great disadvantages, may, perhaps, be easily conceded. Neither can it be denied, that the removal of this twofold source of error would materially tend to the increase of political prudence, and to a caution more conservative of our valuable Institutions. It appears, indeed, sufficiently desirable that the presumption against Constitutional know- ledge should no longer be tolerated, and that increased facili- ties for its attainment should be offered to those, who otherwise must often decide in ignorance of their actual position, and their relative obligations. That the Parliamentary History of England is, at present, a sealed Book to the Community of these Kingdoms, will not be disputed by those who, in the search after precise Constitu- tional information, have had occasion to refer to the voluminous collections of the original Records, or to those of the contem- porary Historians, the only sources from which authentic materials for such an inquiry can safely be derived. The opportunity of consulting these documents, is extremely rare, and many advantages must concur to render such an opportu- nity available. Beyond the Metropolis, few Public or Private Libraries contain a series so extensive and costly ; and pi-e- suming that a facility of reference does exist, our researches can only be prosecuted under an unlimited command of leisure, and by the application of an unremitting industry and atten- tion. («) To these impediments may be added, in many («) The gi'cat advantages, with regard to Hlcrary pur^juits, which result 8 TRKFACE. instances, a disregard of the pecuniary saerllice which must attend the possession of many indispensable, but highly expen- sive volumes. A brief Review of tlie Authorities to which a reference must be made by those who would obtain accurate Parliamen- tary data, will shew that the difficulties are not exaggerated, under which investigations of tliis nature must now be con- ducted. Such a Summary will tend, also, to remove any wonder, that error should often occupy the place of correct knowledge, that assumptions at variance with the facts of History, should, sometimes, be adopted as undoubted truths, and that conclusions not sanctioned by a correct and compre- hensive view of historical relations, should be maintained as legitimate and applicable rules of political conduct. The authorized Sources of all Constitutional information may be divided into Four Classes. First, the Original Records themselves, " the authentic and uncontrollable testimonies in writing, contained in Rolls of Parchment, and preserved in Courts of Record ;" " Vetustatis et Veritatis Vestigia." Secondly, the ancient and contemporary Historians. Thirdly, the Collections derived from these Sources; and Fourthly, Separate Treatises, Manuscript or otherwise, of authority on these subjects. from a residence in liondon, cannot better be exbibitcd, limn by a reference to the means and acconimodations offered by that adniiniblc Institution, the British INIuseum. In a note to the 12th and 13th pages of Iiis Observations on the State of Historical Literature, Sir H. Nicolas has bestowed ujjon it commendations, the justice of which will be warmly acknowledged by all who have had occasion to avail themselves of its [iroflered benefits. "Any thing more delightful than that establishment cannot be imagined; and the impor- tant benefit which the Public derive from it, is irrefragable evidence in favour of rendering every other depository of information, and above all every public Itepository, as easy of access, as well arranged, as properlv conducted, and as free from the disgrace of Fees and l'cr(iuisites." PliEFACE. 9 I. The Originals of tlie several Documents, wliicli are deno- minated " Records," are to be met with in various Public Offices and Depositories. An Index to these was published, anonymously, by Dr. Stracliey, in the year, 1739. A full account was also given by Dr. Nicholson, late Bishop of Carlisle, in his English, Scotch, and Irish Historical Libraries, of which a second Edition appeared in 1776, and which was afterwards copied by Dr. Priestley in his " Lectures on His- tory." The Reports from the Commissioners on the Public Records, published 1800-1819, in two Folio Volumes, give more ample and safe information on this subject. " The Observations, of Sir Harris Nicolas, on the State of Historical Literature," 1830, may, also, be consulted with advantage ; as well as a valuable " Directory for searching the Public Records in the Metropolis," in the Companion to the British Almanack for 1838. (6) The following account Is confined to the authorized Pub- lications from the Originals, which have, at different times, been edited under the direction, and with the sanction, of Government. (I) The first Work, printed by Authority, was that en- (b) Sse Quarterly Review, vol. xxxix., p. 41, for a valuable article on Records and Registration. It is said at p. 60, "anterior to the Reicrn of Edward I., our knowledge of Parliamentary Proceedings is dei-ived either from the unsatisfactory narrative of the Monkish Chronicles, or ti-om the incidental entries upon the Close and Patent Rolls." In the History of the ancient Palace and late Houses of Parliament by ]\Jessrs. Brayley and Britton, is noticed, at p. 25, the recent Publication of the Close Rolls. " The Records intituled, ' Rotuli Literarum Clausarum,' or Close Rolls, commence, 6 K. John, ad. 1204, in which are recorded all jMandates, Letters, and Writs of a private nature. They are denominated Close, in contradistinction to another Series of Rolls called Patent. They are I^etlers, addressed in the King's name, to individuals for special and particular purposes, and were folded or closed up, and sealed on the outside with the Great Seal." 10 PREFACE. titled the '• Foedera/' tlie Conventions, Letters and Public Acts of every kind, between the Kings of England, and other Sovereigns or Communities. By Warrants from Queen Mary, Aug. 20, 1693, and of King William, April 12, 16i!4, Mr. Rymer undertook the Publication, and, in 1701, edited the First Volume, commencing with the year 1101. A third Warrant from Queen Anne, May 3, 1T07, included Mr. Robert Sanderson as an Assistant. In the life time of Mr. Rymer, Fourteen Volumes were published, and Volumes 15 and 16, then prepared for the press, were afterwards published by Mr. Sanderson, who, himself, added Four others, thus completing the Work in Twenty-four Volumes, Folio, and embracino; a Period of 553 vears down to Charles I. Three several Editions of this Series, have appeared; the First in the years 1704 to 1717; the Second, in 1727 to 1735 : and a Third, printed at the Hague, in 1 738-9, in Ten Folio Volumes. In consequence of an Address from the House of Commons to his Majesty George III., respecting the Public Records of the Kingdom, it was resolved to publish a more extensive and correct Edition of this important Collection, and Dr. Adam Clarke and Frederick Holbrooke, Esq., of the Inner Temple, were appointed to superintend the Publication. It com- menced in the year 18 1(), and was, by them, continued to the year 1821, and from Vol. II., P. II., by Mr. Holbrooke and John Caley, Esq., to the year 1830. Conjointly, these Gen- tlemen have edited Six Volumes, or more properly, Three Volumes and Three Parts, which commence with the year 106G, and extend, at present, to that of 1377 ; or from William the Conqueror to the Reign of Edward HI., as follows : — Vol. I. Part I. William I. to Ilcmy III. lOfiC to 1272 Part II. Edward 1 1272 VM\7 Vol. II. Tart I. Kd ward II 1:507 i:<27 Pin: FACE. Vol. 11. Part 11. Ju1w;inl III ... i:',27 i:U4 Vol. III. Part I. Edward III ... 1344 1301 Part II. Edward III KiGl 1377 11 It appears that nine additional Volumes will only bring the Work down to Richard III., an. 1485, instead of Charles 11., 1G54-, when Sanderson's Edition closes, a dijfference of 1G9 years. It is greatly to be regretted, with regard to this Work, and to all the other National Records, that the operations of the Record Commission have been suspended since the beginning of 1838, and it can scarcely be deemed consistent with the character of a Great Nation, like England, that from a false and mistaken economy, an interdict should have been placed on the prose- cution of labours so truly national, and so conducive to the elucidation of truth, in all matters connected with her Histo- rical Literature. With regard to the immediate subject of the present Volume, there is no greater desideratum, than the continued Publication of Documents so illustrative and indis- pensable. (2) The Rolls of Parliament have also been printed in Six Folio Volumes. The Copy after which these Records of Par- liament were printed, was collated by the Rev. Mr. Philip Morant, and John Topham, of Lincoln's Inn, Esq., down to the Second Year of Henry IV. ; then by Thomas Astle, Esq., Keeper of the Records in the Tower, and by Mr. Topham. The Transcripts, pursuant to an Order of the House of Peers, were deposited in the British Museum by the Rev. Dr. John Strachey, who corrected the Press during the printing of the " Rotuli Parliament!, Petitiones et Placita in Parliamento." The Volumes are arranged as follows : — Vol. I. Edward I. II. II. Edward III. III. Richard II. Henry IV. IV. Henry V. VI. V. Henry VI. Edward IV. VI. Edward IV. IMcIiard III. Ilenrv VII. 12 PREFACE. In the First Volume of the Lords' Journals, commencing ] Henry VIII., the Rolls are carried on from the Parliament prorogued to Nov. 4, a. r. 4, through the whole Reign of this King to 1 Mary. They thus supply a large deficiency which exists in the Journals themselves. (3) In 1528, an Abridgment of the Statutes, from Magna Charta, to the 19th Henry VIII., was published by Owen, but "William Rastall, in 1618, first put Marginal Notes to the Statutes at large^ and collected all in force from Magna Charta to the 4th year of Philip and Mary. In the Reports from the Commissioners on the Public Records, is, in Volume I., p. 86, a Plan for an authentic Collection of the Statutes of the Realm, of which, under the Authority of Parliament, the First Volume appeared in 1811. Nine Volumes are now published in the following Series: — Vol. I. contains Charters Henry I. Statutes Henry III. Stephen. Edward I. Henry II. II. John Uncertain date. Henry III. Edward Ill- Edward I. Vol. II Statutes. Richard II. Henry IV. V. Edward IV. Richard III. Henry VII. Vol. Ill Henry VIII. Vol. IV. Parti. ... Edwa'rdA^I. Mary Philip and Mary Elizabeth to a. 27. Part II. Elizabeth 28 to 43. James I. Vol. V Charles I. II. Vol. VI James II. "William and INIary. Vol. VII William III. PllLFACi:. 13 Vol. VIII ... ... Anne 1 to 6 inclusive. Vol. IX. ... ... ... ... Anne 7 to 13 inclusive. An Alphabetical Index to the Statutes was published in 18*24, and contains under the word " Parliament," a List of all Bills passed. A Chronological Index from Magna Cliarta to Queen Anne, was also publislfed in 1828. Other Editions of the Statutes reach to the present day. (4) The Journals of the Lords and Commons, the former commencing 1 Henry VIII., and, in 1836, extendii^g to 91 I'olio Volumes; the latter from Nov. 8, 1547, 1 Edward VI., (Vol. I. terminating March 2, 1623, 4 Car. I.) and extending, in 68 Volumes, to the same period, were orignally printed by Authority of the Houses, and are continued in a regular series from their first dates, with a few intermissions occasioned by the loss of the original Records, to the present day. A complete Journal of the Transactions of both Houses, from 1 Henry VIII. to 7 Edward VL, was drawn up by Robert Bowyer, sworn Clerk of Parliaments, a d. 1609, and is in the Cotton Library. The Original Records are in the Tower, and Parliament Office. (5) Many Collections of the " Writs of Summons to Par- liament," made at different Periods by the labour and researches of individual Authors, will be noticed under the Third Class. The present authorized Edition, embraces only the Reigns of Edward I. and II. It was collected and edited by Sir Francis Palgrave, and printed by Command of His Majesty King George IV., in pursuance of an Address of the Commons House of Parliament. The First volume was pub- lished in 1827; the Second, in two Parts, in 1830; and a Third Division to the same Volume, containing an Alphabe- tical Digest and Index, in 1834, by Command of His Majesty King William IV. !4 PREFACE. In the Preface to tlie Second Volume a notice is given of the additions which have been made in the present work, to those previously collected and published by Prynne. It is observed, by Sir Harris Nicolas, that " the Editor of the Parliamentary Writs has executed his task in a satisfactory and able manner, with one exception, that of not commencing the Series with the earliest Writs upon Record." He considers it the only well edited volume the Commission has published. These are the principal Records illustrating the subject of Parliamentary History, which have hitherto been published by the authority of Government. Many other Documents, from which casual and incidental information may be obtained, appear in the list of volumes edited by the Record Commis- sion, for which their Report may be consulted. There is also, without doubt, much authentic information to be found in the Repositories of the British Museum and of many Local Courts, of which we have at present no certain knowledge. Thus in the 24th volume of the Archseologia (1832) at p, 317, are published '' Portions of the Proceedings of the Corpora- tion of Lynn Regis, Norfolk, from 1430 to 1731, taken from the Hall Books." From 1392, 15 Rich. II., to 1453, 32 Hen. VI., the Records are imperfect. From this latter period, they are perfect to the present day. To the year 14S7, 4 Hen. VI., they are written in Latin ; since that time in English. II. The Second Class of Authentic Documents tending to illustrate our Constitutional History, consists of the Historians who were contemporary to, or shortly followed, the events which they relate. Of these, many Collections and separate Editions have been, at differejit times, published. Of such Historical Records, the Saxon Chronicle is un- doubtedly the earliest and most important. It contains the PRKFACE. 15 original testimony of contemporary Writers on the Transac- tions of our Forefathers, from their first arrival, to the year 1154. Professor Abraham Wheloc first transhitcd and pub- lished it, at Cambridge, in 1644, as an Appendix to his Saxon Bede. His "Chronica Anglo-Saxonica" extend only to 62 folio pages. An improved Edition was published by Edmund Gibson, afterwards Bishop of London, at Oxford, in 1692, which contains nearly four times as much as Wheloc's Extract, but is still not the entire Chronicle. The honour of having* printed the first literal version of the Saxon Annals was reserved for a learned Lady, Miss Gurney, of Keswick, Nor- folk. Her Work was finished in 1819, but has not been published. In the year 1S23, the Rev. J. Ingram published the first complete Edition, from a Collation of all the Manu- scripts, and with an English Translation. This volume con- tains 374 pages. In the Preface, the Author gives an Account of the other sources of our History, prior to Henry II., when this invaluable Document terminates. Such were Gildas, and Nennius who repeats him, Bede, Aserius, and Ethelward, the most extraordinary and faithful Follower of the Saxon Annals, who seems to have disregarded all other Sources. For nearly a Century after the Conquest, the Saxon Annalists appear to have been eye witnesses of the Transactions which they relate, Wliere the Saxon Chronicle ends, Geoffrey of Monmouth begins. At this Period, almost every Great Monastery had its Historian, and we are indebted to these Institutions for all the authentic early information we possess as to the occur- rences and events of those remote times. In each mitred Abbey of the Order of St. Benedict, says Matthew Paris, some of the Fraternity were appointed to register the most considerable Events, and after the death of every King, these Memoirs were laid before a Chapter of the Order, to be re- 16 PUEl'ACK. duced to a body of History, wliich was preserved in their Archives. Florence of Worcester closely followed Bede, Asserius, and the Saxon Chronicle. The same may be said of the Annals of Gisbiirne, of Margan, Melros, and Waverley. Thomas Wikes, in his Latin Chronicle of English Affairs, from the Conquest down to 1301, does not add much to Bede, "William of Newburgh, and Matthew of Paris. William of Malmesbury is to be selected from all his competitors for superiority of genius. His deficiencies and inaccuracies may be corrected by a reference to the Saxon Chronicle. Suc- ceeding Writers to the Chronicle of Simeon of Durham, who transcribes Florence of Worcester, are the two Priors of Hexham, Gervase, Hoveden, Brompton, Stubbes, the two Matthews, of Paris and of Westminster, and others. It ap- pears, that however numerous these Writers may have been, every thing original and authentic as to the above period, may be traced to the Saxon Annals, (c) Nicholson, in his Historical Libraries, p. 40-1, has given a list of Saxon Authors, and, at p. 34, in defence of the Saxon Records, says, " Many are lost, but there are still more remaining than any of our neighbour Nations can pretend to shew, relating to the transactions of those Ages." That many Documents are lost, M'hich indicated their careful attention to Historical Proceedings, is rendered probable by the allusions of Andrew Horn, Author of the " Mirroir de Justice," who lived under Henry II. He quotes the Rolls of the Saxon Times, and even their Year Books, of which no remains exist. This Author makes the further statement that he had perused all the LaM'S of this Island, since the time of King Arthur. (c) On the prokible Authors of these Annals, see Inj^raniV-i Fi-elace p. X., &c. PKKFACE. 17 The Scries of Ancient Historians is very extensive. For a tolerably accurate account of these Writers, chronologically arranged, the Volumes of Nicholson and Priestley may be consulted. The Report of the Record Commissioners con- tains also a reference to many which are the most important. The " Onomasticon Literarium" of Saxius, (7 Vols. Traj. ad Rhenum 1775-1790) and the Catalogues of the Harleian Library, 2 Vols. 8° 1743, are valuable Indexes on this subject. See also Balseus de Scriptoribus Britannicis (Gippevici. 1548) and particularly Leland's " Commentarii," Oxon. 1709. Considering the importance of these early Writers towards a knowledge of our early History, and the little acquaintance the Public at large have with them, it cannot be deemed superfluous to give a more extended account in this place, of the principal Volumes in which most of them have been pub- lished collectively. The Collection entitled " Rerum Britannicarum Scriptores vetustiores et prsecipui," was published in one Folio Volume, at Heidelberg, in the year 1587, and contains the following Authors : — Galfred. Monumetensis (Geof. of jMonmouth) cognomine Arturi (fl. about 1150.) Pontius Virunnius or Virumnius (fl. 1490.) Gildas Badonicus or Sapiens (fl. 512-580.) Beda Anglo-Saxonicus (b. 6G5. d. 735 let. 70.) Continuator ejusdeni, Lib. 3. Gulielmus Neubrigensis (Petyte or Parvus) fl. 1200. Johannes Frossard (b. 1333. d. 1402.) A Second Collection, " Rerum Anglicarum Scriptores post Bedam," published, in one Folio Volume, by H. Savile, at London, 159G, and at Frankfort, IGOl, contains — GuL Monach. JNIalmsburiensis (fl. 1141.) Henr. Archids- Himtindon (fl. under Steplien and Hen. 2.) Rogeri Hoveden Annales (fl. under Rich 1, and John.) Chronicon Ethelward (Edward Patricias) fl. 1090. Ingulph Abbas de Cmyland (b. 1030. d. 1109.) 18 PREFACE. In the year 1652, were publisbed by Tvvysflen, " HIstorise Anglicse Scriptores Decern," at London, by Flecber, and at Leyden, by John and Daniel Elsevier. The Authors con- tained in this Volume are — Simeon IMonach. Dunelm. (fl 1164.) Job. Prior Hagulstad (d. about 1190.) Ricard Prior Hagulstad (fl. about 1160 ) Serlo, fourth of that name, (fl. about 1160.) Ailredus Abbas liievallensis_(d. 1166.) lladulph de Diceto, or Rizeto, Londons. (fl. 1197-1210.) Joh. Brompton, J ornallensis''(under Edward 3.) Gervasuis, Monach. Dorobern (fl. 1128. 1200.) Thomas Stobseus (Stubbes) Dominicanus (fl. 1360.) Gul. Thorn Cantuar, (fl. about 1380.) Henry Knvghton, Leicestrensis (fl. 1377, &c.) A Fourth Volume, " Rerum Anglicarum Scriptores," was published at Oxford, " e Theatro Sheldoniano," in 1684. It includes the following Authors : — Ingulph. Croyland Hist, (from a. d. 626-1091.) Petrus Blesensis (Blois) (d. about 1209) continues Ingulph from a. d. 1100, to 1118. Chronicon de Mailros (extends from a.d. 735-1270.) Annales Burtonenses (from 1104 to 1263.) Hist. Croyland Continuator (fi-om 1149 to 1486.) A Fifth Volume, " Historiaj Ang-Hcanse Scriptores Quin- que," published by Thomas Gale, at Oxford, e Theatro Shel- doniano, in 1687, contains — Annal. de IMargam. from a. t>. 1066 to 1232. Chron. Thomte Wikes (fl. 1290, Edward 1) from 1066 to 1304. Ann. Waverleienses Cunder Edgar Atheling and "Will. 1,) from 1066 to 1291. Galfredus Vinesalvus (de Vino Salvo, A^inesouf, under Rich, and John.) Walterus de Hemingford wrote from a. d. 1066 to 1273-1300. A Sixth Volume, " Historise Britannica?, Saxonicae, Anglo- Danicaj Scriptores Quindecim," was also published by Gale, at Oxford, in 1691, and contains — Giklas (fl. 512, 580.) Anonymus Elyensis (fl. 1099) Eddius (fl. 720.) Thomas Elyensi? (fl. 1166.) PItF.FACK. 19 Nenniiis (ft. «20.) Joli. Wallingfonl (d. 1214.) Asserius (d. 909.) Kad. de Diceto (il. 1210.) Gul. Malmesburs- (fl. 1141.) Anonymus. Anonymous Malmesb. Job. Fordun (after 13G0.) AnonymousRamesensis(fl. Hen. 1.) Alcwinus Flaccus (fl. 7^0.) Besides these Collections, and separate Editions of the same Authors, published by Hearnc and others, the Works of many valuable Historians, not here included, have appeared in distinct Volumes. Of these, the principal, are Marianus Scotus, a Monk of Mentz, who flourished about the year 1100. Florentius Bravonius, a Monk of Worcester, already alluded to, and the earliest Historian of the 12th Century, who died in 1118; Eadmer, a Monk of Canterbury, a Writer of unquestionable Authority, who lived under the two first Williams and Henry I., and wrote their History from 1066 to 1122; Matthew Paris, a Monk of St. Alban's, one of the most renowned Historians of the Kingdom, who gives the Annals of eight Kings, from the beginning of William I., to Henry HI. From the year, 125P, when he died, his History is continued by William de Rishanger, a Monk of the same Fraternity, to the end of this latter Reign ; and with these, is published the History of Roger Wendovre de Wendovre, a Prior of Bealvoir, sometimes called de Windleshore; Ode- ricus Vitalis, a Writer of Ecclesiastical History, who lived about the year 1141 ; Benedictus Abbas, Petroburgensis, who wrote the Lives of Henry H. and Richard I ; Matthew, a Benedictine Monk of Westminster, called Florilegus, as a Collector from former Historians, who ends his History in 1307, which year, probably, he did not long survive, and whose work was continued by Adam Merioneth, Canon of St. Paul's, to 1380, the date of this Author's death; Thomas Walsingham, a Benedictine Monk of St. Alban's, who flou- rished about 1410, and begins his History at the conclusion 20 PREFACE. of Henry III., where Matthew Paris ends, continuing it to the end of Henry V. (d) In addition to these and other ancient Authors, many Annals and Chronicles, which supi)ly correct and authentic information, have been derived from the various Monastic Establishments. Such are the Chronicon, sive Annales Pri- oratus de Dunstaple (Ed. Hearne, 1733) ; the Annals, Chronicles or Rea;isters, of Lichfield, Reading-, Norwich, Glaston, Coventry, Lincoln, Ely, Worcester, Canterbury, Abingdon, St. Edmund's, Winchester, St. Alban's, of the Monastery de Bello and Monastery Bartoniense, and many similar Works referred to by Cotton, Hody, and other Writers. To these succeeded, in the 15th, 16th, and 17th Centuries, the Histories and Collections of John Ross, William Caxton, Robert Fabian, Polydore Vergil, Edward Hall, William Harrison, Ralph HoUingshead, John Stow, John Speed, Francis Godwin, Richard Baker, William Camden, Thomas Sprat, Sir Winston Churchill, and those of Sandford, Brady, Tyrrel, Echard, Carte, Guthrie, Clarendon, Burnet, Rapin, Hume, Robertson and numberless other Writers on General History, on the Lives of particular Sovereigns, or on circum- stances of particular Reigns. HL The next Class of Constitutional Authorities includes the various Collections from original Records, or from other sources, which have been made with particular Reference to the Parliamentary History of this Country. Sir Robert Cotton, who was born in 1570, and died in 1630, aged 60, first made an exact Abridgment of as many of the (d) See a List of these Authors before the latter end of Hen. 3. Prynne L 4C0. iv. 557, &.C. TREFACE. 21 Parliamentary Records as were in the Tower of London, from Edward II. to Richard III. They were afterwards published, in Folio, by William Prynne, in the year, 1657. There is, says Nicholson, a fair Transcrijit of these, from the 1st of Edward III. to the 43rd of Elizabeth, in the Cotton Library, where are, also, two Volumes of Indexes to the Tower Records. Many References to these Documents appear in " Cottoni Posthuma," published by James Howell, in 1651. In 1659 to 1664, the indefatigable, learned and intelligent William Prynne published, in Four Volumes, his "Brief Register, Kalendar and Survey of the several kinds and forms of Parliamentary Writs." They were collected from the vast mass of Records then existing in Julius Caesar's Chapel, in the White Tower, and consist more properly of Four Parts, though separately published, and now generally forming Two thick Volumes. The First Part comprises, in three Sections, all Writs, Forms of Summons to the Spiritual and Temporal Lords, to Great Councils, Parliaments and Convocations, from the Fifth of King John, 1203, till 23 Edward IV., 1483. The Second Part, comprises the several varieties and Forms of Writs for electing Knights, Citizens and Burgesses, with the most ancient Returns of these W^rits then extant. The Third Part called "Brevia Parliamentaria Rediviva," contains several Catalogues of the numbers and dates of Original Writs and Summons, during the Reigns of Edw. I., II., HI., Richard II., Henry IV., V., VI., and Edw. IV. The Fourth Part com- prises all Writs " de Expensis Militnm, Civium et Buro-en- sium," then extant in the Tower Records, besides many other documents relating to the eight last mentioned Reigns. It is impossible to speak in terms of too high commendation of this admirable work, whether we consider the labour with which so large a mass of hidden materials was brought to li<'ht and reduced to form and order, or avail ourselves of the accu- d 22 PREFACE, rate and important deductions with which it abounds, in illus- tration of the Constitutional History of our Country. Applying Lis acute intellect and profound legal acquirements to this subject, the author has exhausted it for the benefit of succeed- ing ages, and has, at the same time, left a perpetual monument to his own fame, and a Legacy, which ought to be the Shield and the Safeguard of our venerable Institutions. But the merits of Prynne are not to be estimated by this rare and now costly work alone. His other numerous Writ- ings evince an energy and enthusiasm, wliich alone could have supported him under multifarious and incessant labours : and his occasional errors are the rare exceptions to the great merits he may claim as an Antiquary, and as an accurate Commenta- tor on the facts which he had collected. With all his failings, Prynne was a great man, and though his zeal for the Protes- tant Religion, and his aversion to the arbitrary Proceedings of the Star Chamber and of certain of the Clergy, in the early periods of those reforming times, carried him to an extreme point ; yet, amid the atrocities of the Long Parliament, he dared to adhere to the Constitution of England, and to pub- lish his opinions, regardless of the terrors of the Inquisition, which equally dealt its merciless inflictions on the friends and on the foes of true religion and of their Country. He was born at Swainswick in Somersetshire, in the year 1600, and died in 1669, Member for the City of Bath, which appears never to have acknowledged the merits, or done justice to the memory, of a real Patriot, and truly eminent Author, (e) In 1659-80, Rush worth published his " Historical Collec- tions," which beginning in the 16th year of King James, 1618, contain many " remarkable Proceedings in Parliament, down to the 23rd and 24th Charles I, 164S. He died in 1690, aged 83." (e) I' or a j'ust estimate of the merits of Pr_vnne, see Observations on the State of Historical Literature by Sir Harris Nicolas, p. 4(>, &.C. PUliFACE. 23 In the year 1CS5, Sir \Mlliam Dugdale, Kniglit, publisliecl, at London, " A perfect Copy of all Summons of the Nobility to the Great Councils and Parliaments of the Realm from 49 Hen. III., to his own Times," 1 Jas. IT., in which year he died, aged 80. " The History of English Councils, Convocations, and Parliaments," published by Dr. Hody in 1701, contains the Antiquities of our Constitution, both in Church and State. The History of Synods or Convocations extends from the earliest Times to the beginning of Henry VHI. That of Parliaments is continued only to 1272, the last year of Henry HI. Browne Willis published the First and Second Volumes of the First Edition of his " Notitia Parliamentaria," in 1716, and the Second Edition in 1730. They contain, "a History of the Counties, Cities, and Boroughs in England and Wales, with Lists of all the Knights, Citizens, and Burgesses, from the first Summons to Parliament to this time." A Third Volume appeared in 1750, on the publication of the Ten Folio Volumes of the Journals of the House of Commons which had been made in 1747. It embraces the period which coincides with these Journals. In the years 1751-3, appeared the very valuable and ex- tensive Collection, in 24 Volumes 8°, called "the Parliamen- tary and Constitutional History of England, being a faithful account of the most remarkable Transactions in Parliament from the earliest times to Dec. 29, 16G0." This great national Work, undertaken and completed thus far by a Society of eminent Individuals, deserves the Repu- tation which it has obtained, as a highly interesting and comprehensive account of all the Parliamentary Transactions during the long period which it embraces. The possession of the Records published in more recent times, would have given 2-1 TREFACE. to the details of tlic Work a somewhat more useful and precise character. Of the second Edition, and subsequent Continu- ation of these Volumes, notice, will, hereafter, he taken. " The Succession of Parliaments from the Restoration to 1761," was published in the year 1764, by Charles Whitworth, Esq., M.P. In 1776, Mr. John Hatsell, then a Clerk of the House of Commons, published " Precedents of Proceedings in the House of Commons, with Observations, being part of a large Collection extracted from the Journals of the House, and other Parliamentary Records." In 1796, a Third Edition appeared in four Quarto Volumes, of which the first relates to Privilege of Parliament, the Second, to Members and Speaker ; the Third to Lords and Supply; the Fourth, to Conference and Impeachment. The value of such a Work will appear to all the Headers of the Parliamentary Journals, which record the frequent appoint- ment of Committees to search these Records for Precedents, in all doubtful and controverted Cases. In 1777, Dr. Brady published " An Historical Treatise of Cities and Burghs, or Boroughs, shewing from Records, when they first sent Representatives to Parliament." The " Political Index to the Histories of Great Britain and Ireland, or a Complete Register of the Hereditary Honors, Public Offices and Persons in Office, from the earliest Periods," in Three Volumes, was published in 1806, by Beatson, and contains a List of the different Administrations, British Peers, Archbishops of Canterbury, Bishops, Lord High Chancellors, Speakers of the House of Commons, &c. The same Author, in 1807, published in three other Volumes, "A Chronological Register of the British Parliaments, from the Union in 1708, to the third Parliament of the United Kingdom of Great Britain and Ireland." PREFACE. 25 In the year 180G, Mr. Cobbett commenced a republication of the valuable Series of the Parliamentary History already described, and from this year to the year 1820, completed it from the year 1066 to 1803, in thirty-six large and densely printed Volumes, with double columns. The First Volume supplies a List of Peers, Commons, Archbishops of Canterbury, Chancellors, Lord High Treasurers, with a Table of the Price of Provisions ; and to each Parliament of the Series, is added a Catalogue of the Acts passed. The Parliamentary Debates of Hansard, the publication of which commenced in 3812, took up the History from 1803, and have continued it to the present time. His First Scries, in Forty-one Volumes, ex- tends from 1803 to the death of George HL A Second Series, in Twenty-five Volumes, embraces the Reign of George the Fourth, with the Prorogation by his Successor. A Third Series, in Thirty-nine Volumes, reaches down to Dec. 23, 1837. The total extent of this great National Work is One Hun- dred and Forty-one Volumes, consisting of 95,191 Pages with 190,382 closely printed Columns. The price at which the whole was published amounts to £215 lis. In 1832 and 34, Hansard published his "Analytical Par- liamentary Digest," or an Index to the Sixty-six Volumes, from 1803 to 1830, which supplies a most valuable Reference to the Proceedings of this Period. The additional cost of this volume is Four Guineas. The Prefaces to the First Series by Cobbett, furnish a list of the Sources from which were drawn the materials for his greatly improved and enlarged Edition of the Parliamentary History. Besides the use of all the Public Records, the First Preface describes 146 Volumes employed for the purposes of this undertaking, at a cost of £110, to which the price of 100 Volumes of the Journals would constitute an additional ex- pense of £150. 26 PRErACE, In 1816. Mr. Oldfield published in Six Volumes, 8"°' at tbe price of £3 125., " The Representative History of Great Britain and Ireland,being a History of the House of Commons, and of the Counties, Cities, and Borouirhs of the United Kingdom, from the earliest Period." The most considerable and important Publication of modern times, and the only one which may bear a comparison with the fore-cited work of Prynne, is the " Reports from the Lords Committees appointed to search the Journals of the Plouse, Rolls of Parliament, and other Records and Documents, touching the Dignity of a Peer of the Realm, &c.," with Appendixes, in Five Folio Volumes. The First Report was presented to the House, 12th of July, 1819, was ordered to be printed 25th of May, 1820, and to be reprinted, 17th of February, 1823. A Third reprint was ordered May 18th, 1829. Of these Reports, Vol. I. includes the Constitution of the Legislative Assemblies of England from the Conquest to the Unions of England and Scotland, and of Great Britain and Ireland, with other Matters, and a Table of Writs. Vol. II. includes the Second, Third and Fourth Reports, with an Alphabetical Digest and Indexes, and chiefly relates to the Dignity of the Peerage. Vol. III., Ordered to be printed, 25 May, 1820, contains " Summonitiones temp. Johan., Hen. HI., Edw. L, II." Vol. IV., Ordered to be reprinted, 18 May, 1829, contains " Summonitiones temp. Edw. III., Rich. II., Hen. IV., V., VI., Edw. IV.," with three Appendixes. Vol. v.. Ordered to be reprinted, 19 June, 1829, contains the Fifth Report, with Patents of Creation, from Stephen to Edw. IV., and Indexes of Creations, Names and Places. This great work is understood to have been collected and written by, and under the direction of, the late Lord Redes- PIIEFACE. 27 dale. It contains a very elaborate and perspicuous analysis of all the information that could be derived from original Docu- ments, in regard to the nature and constitution of the Legisla- tive Assemblies of the Realm, and the Powers and Privileges of their component Members. The Appendixes contain, for the first time, a publication of the Series of Parliamentary Writs from Edward III. to Edward IV., and the inferences drawn from these Records seem fully borne out by a cautious interpretation of their sense and import. If the arguments assume somewhat of the legal form, they will not on that account be the less valued by those who can estimate the shrewdness and precision which are generated by the habit of legal investigation; and it may safely be affirmed that Lord Redesdale has done his Country the service of presenting the first clear and enlarged exposition of the important subject which this inquiry embraces. (/") To these Volumes, and to the elaborate Register of Prynne, the Editor of the present Work is greatly indebted, both in the Introductory Chapters, and in the Text and Notes of the Parliamentary Series itself. It may perhaps be said that the greater part of the information contained in these rare, copious and expensive Volumes is embodied in the following Pages ; a circumstance which will not be charged upon the Editor as a fault, by those who really desire to obtain legitimate Constitu- tional knowledge. IV. The necessary limits of this Preface will not allow even a (/) That occasional errors are to be met with in the details even of this great Woi'k, will not be denied, and such errors should be stated by those who are competent to correct them. It is to be hoped that Sir Harris Nicolas, who, in the Retrosi)ective Review for October, 1837, pointed out the general fact of such imperfection, will favour the public with the means of avoiding the mistakes, which may result fi'om a too strict reliance ou an Authoiity so highly estimated. 28 pnEFACE. cursory notice of the numerous Publications which are included under the Fourth Class of Documents tending to illustrate the Parliamentary History of our Country. A Catalogue, how- ever brief, of the separate Treatises and Essays, of contempo- rary and other writers, on the whole or on detached Portions of this subject, would itself constitute a volume. The Second Volume of the Harleian Catalogue, under the Head " English Parliamentary Affairs," p 641-646, contains the titles and dates of many of the more early and what may be called Classical Authors on this subject, and many more such are included in the First Volume, p. 416 and sqq., under the Head "Historia Anglicana." The late Sir Frederic Eden, well known as the Author of the " History of the Poor," had made an extensive Collecticn of these scattered works, and, in 1806, printed a (Catalogue of his valuable Library, of which Class H. extending from p. 41 to 166, relates solely to " British History and Politics." This scarce Volume is a particularly valuable Reference from the time of Henry VHI., to the date above mentioned. A more accessible source of information is the " Bibliotheca Britan- nica," published at Edinburgh and London, in 1824'. Under the word " Parliament," the Third Volume contains a long list of the Authors who have written on this subject. Nichol- son's " English, Scotch, and Irish Libraries," supplies, at p. 7, a notice of many separate Publications on the Parliaments of England. An imperfect attempt has thus been made to exhibit some of the difficulties, with which, in the absence of any Digest of these widely-scattered materials, those have to contend, who seek to become acquainted with our Parliamentary and Con- stitutional History. The Author of the present Volume has endeavoured, in some measure, to supply this desideratum in our Historical IMJKFACi:. 29 Literature. His early experience of the almost insurmountable difficulties which stood in the way of any accessible and satis- factory reference to such information, induced him, many years ago, to form, for his own use, a Chronological Index of the Parliaments of England In this pursuit, he became very soon aware of the numerous imperfections which must accompany even so superficial a Catalogue, unless, by the examination of various original Documents, he could correct the errors which every where beset even the most accredited Authorities. Believing: that some public advantage might result from carrying his plan into more complete effect, as a sanction to his prospective labours, he obtained, in l8iJ4, the opinion of that indefatigable and profound Historian, Sir Francis Palgrave, who assured him, " That such a Parliamentary Index would be a work of great utility, and could not fail to be highly valued." Upon this sufficient Authority, many materials were collected, and, as far as possible, arranged, when, from an accidental reference to the Prefiice of the "Chronology of History," p. 18, a valuable work then recently published by Sir Harris Nicolas, it appeared, that this accurate and accomplished Author was himself preparing to publish " A Complete List of the Meet- ings, Prorogations, and Dissolutions of Parliaments." The object of this proposed Work so nearly coincided with his own, that he, at once, felt the necessity of abandoning his purpose in favour of a Writer of a reputation so well esta- blished, who was, in every respect, so much more conijietent to the undertaking, and whose opportunities of correct in- formation were so much more complete. The answer, which he received to a communication with Sir Harris Nicolas on this subject, is highly conclusive as to the liberality and candour which distinguish the possession of superior talent and information. " The subject, he sa3'^s, of your studies is e 30 PREFACE. undoubtedly a very important one, and I really know no work of which Historical Literature stands so much in need, as an Account of our Parliaments. It gave me much pleasure to hear that you liave made so much progress in collecting- materials, and I shall be most happy not only to relinquish my own Plans, but to afford you any assistance in my power. No one is more sensible than myself of the absolute want of the dates of all Parliaments, together with a few facts relating to each, which would save hours of research to almost every "Writer on History or Antiquities. I am, however, well aware, that the subject is full of difficulties, though I by no means consider them in&iirmountable ; and I flatter myself, if you will allow me the pleasure of a few hours' conversation when you come to Town, that J shall be able to remove such an idea from your mind, and to induce you to persevere. It is, I confess, rather contradictory to this assertion, that I have recently satisfied myself of a new fact in Parliamentary His- tory, which will create additional, and, I fear, formidable obstacles, namely, that the Term " Parliament" was applied in the Fifteenth Century, if not eor/aws were then established in every part of tiie conquered Country, and Britain became a Diocese in the Prtcfecture of GauJ. "It was divided, saj's Palgrave, into Provinces, under the direction of a President or Consular. Tlie Curia, or lluling Body, was composed of Senators or Decurions, but the Cities enjoyed considerable Privileges and contained distinct Colleges or Guilds of traders and artificers. The absolute authority was in the Emperor, but the Priefects were despotic in their own departments. A species of controlling power existed in the Provincial Councils and Assemblies. Deputies and [Magistrates from the Cities attended them. The great Landed Proprietors were admitted to seats. They assembled at stated times of the year. Local Ordinances were enacted by the Councils, but the redress of grievances could only be obtained by petition to the Emj)eror. Whether these Councils were engrafted, or not, upon Institutions subsisting among the conquered nations, they became one of the Elements out of which were formed the Legislative Assemblies of modern Europe." (b) 'When the connection with Home was entirely severed, (a. d. 148) the Britons separated into independent and rival Communities. Their dissensions encouraged the invasions of various hostile Tribes. The Jutes, the Angles and the Saxons, originally one nation, reduced the principal parts of the Country, and about the) ear G38, drove the native inhabitants into the "Western JMountains of the Island. The Saxon Authority then became firmly established. Ancient Germany, from whence these Settlers proceeded, consisted of many free and independent States. These were again divided into Provinces, each of which formed a separate civil Community, with its own President, but subordinate to the Supreme Legislative Assembly of the State. At the great Councils, every Freeman of a proper age, who had not forfeited his title by any misdemeanotu-, Avas bound to be present to declare his assent or dislilce to the measures there concerted. Their Chieftains, the Ealdormen, were the Priests, Lawgivers and Leaders of the Tribe, but possessed only a temporary political Power. Tacitus says, "Eliguntur in Conciliis Principes, qui jura per Pagos, Vicosque reddunt: lieges ex Nobilitate, Duces ex virtute sumunt. Nee llegibus infinita aut libera potestas. De minoribus rebus, Principes consultant, de niajoribus omnes ; ita tamen, ut ea quoque, quorum penes Plebem arbitrium est, apud Principes pertractentur." The Title of King was, strictly speaking, unknown, but the Saxon Victors now assumed all the authority of the British Kings. According to the prevailing policy of the Barbarians who settled upon Roman ground, they governed, as far as they could, according to the spirit of the Roman Institutions. About the year 477, Ella 'first assumed the Title of "Bretwalda," Ruler of the Britons, a title, says Palgrave as much superior to that of King, as this was to their national dignity of Ealdormen. The Bretwaldas may, in tact, be considered the Successors of the Roman Emperors, and the Roman Law was thus imposed upon the ancient Germanic law and constitution, (c) The people strove, however, to maintain their old freedom, and the laws and customs wliich the}' considered their birthright and best privilege. The County Court, or Shire-gemote, over which tlie Ealdorman, or Earl, pre- Ca) These Superstitions were not, however, entirely abohshed for many years. In the days of Canute is a Law forbidding his subjects to worship the Gods of the (ientiles, the Sun, 3Ioon Fires, Rivers, Fountains, Hills, Trees, or Woods. Leg. Can. c. 5. Strutt's Chron. of England p. 200. ■ ' Cb) See the admirable sketch of the Roman British Constitution, by Sir Francis Palgrave in his lucid and instructive History of England, Vol.1, Anglo Saxon Period (1831) p. 13,' et passim. (c) Palgrave, p. 79. Sec at p 13, Preface, a very animated and graphical Representation of a Witena-gemote, under Edward the Confessor. IV, INTRODUCTION. sided, was composed of all the Freeholders within the County, and virtually constituted a little Parliament. The Witena-gcmote possessed the whole legislative power of the Community. The King could make no law, or impose any taxes without the consent of this great Council, which William of INlalm'esbury defines, "generalis Senatus et Topuli Conventus et Edictum." The ]Mickel-gemote is suj)posed to have been a still larger Assemhly, consisting of the People in indefinite number.s, but it may, perhaps, be safer to agree with other authors, who are of o])inion, that this Convention, as being too numerous for deliberation, was, in fact, superseded by the Witena- gemote, or Assembly of Wise Men, a more select and efficient body of Representatives. During the Heptarchy, each Kingdom had its separate Witena-gemote. About the year 830, and 242 years after the erection of the Mercian Monarchy, the Britons North of the Severn, were entirely subdued by E"bert, who became Eighth Eretwalda, or Sovreign. It appears, however, that contrary to the received opinion with regard to the consolidation of the several Kingdoms, there still existed "no common I^egislature, and no means of concenti-acing in the supreme government the strength and re- sources of the Community." (d) The Councils of each State remained independent, and the several Kings took the advice of their Subjects, and enacted their Laws without reference to the wants of their neighbours, or the necessities of their common Country. In this respect, the constitution of the Heptarchy differed little fi-om the less perfectly arranged System of the British States. In the year 441, Vortigern was elected Sovreign by an Assembly of South Britons, and of Saxons, who had been invited for the protection of the Commonwealth. By a similar Assembly, he was deposed for mal-adminis- tration, and Ambrosius was elevated to the vacant honours. During 130 years, which intervened between the commcncenient of the Saxon hostilities, and the completion of the Heptarchy by the erection of the Mercian King- dom (a. d. 455-5C5), the same Constitution seems to have prevailed. In A. D. C02, l.thelbert, with the concurrence of the Witen.n-gemote, enacted a body of Laws, or reduced the trailitionary legal Customs of the Jutes into M-riting. On his confirmation in the Christian Faith (a. d. 605) he convened a Council of "•Clergy and Peojjle." (c) A. D. {)07, Edwin, King of Northunibriii, convened a Witena-gemote, to discuss the respective iiiei-its of Christianity and Paganism j upon wiiich occasion, the former was ado])ted as the lleligion of his Province or Kingdom. A. D. 689-727. Ina, King of AVessex, framed a Code of Laws, of which the Preamble says, "Ina, by the Cirace of CJod, King of Ihe AVest Saxons, by the advice and institution of Cendred, my Father, and of Pleddes and Erkenwald, iny Bishops, and with all ni_v Ealdormcn, and the Snge Ancients of my People, ina great Assembly of the Servants of God, have religiously endeavoured, both for the health of our Souls, and the common preservation of our kingdom, that right Laws and true Judgements be founded through- out our whole dominions, and that it shall not be lawful, for the time to come, for any Ealdorman, or other person whatever, to abolish these our Constitutions." According to Cotton, these Laws were enacted, "confirmationePopuli." Spelman also says, (/) that at a great Council, hekl a. d. 71-, by Ina, "many things were done ad concordiam publicam promovendam, per com- mvuie consilium et assensum omnium Ej)iscoporum, Principum, Procerum, Comituni, et omnium Sapientum Scniorum et Popidorum totius Begni." Cd) Palgrave History of England, p. 103-230. (c) " Tarn Cleri quam Populi." Spcliiinn Cone. T. i. !>. I2(i. (/) Conc.i. 219. INTRODUCTION. V. Wo learn moreover from Eede, that the grand League and Union of the Uritons, Saxons and Picts, was concluded and coulirmed, "per commune concilium et assensum, i*tc., et Populorum, ct ])cr Pra3cej)tum llcgis Inse." ([/) A. D. 751. Offa, King of ]\Iercia, in a great Council of Prelates and Nobles, associated his Son in the lloval Dignity. The Decrees of the Council of Colchuth were propounded in a Great Council before King Allwald and Archbishop Eanbald, "et omnibus Epis- copis, Abbatibus, Senatoribus, Ducibus et Poj)ulo Terrte." (/») A. D. 775. According to the Saxon Chronicle, Sigebert was deposed by the Witena-gemote of Nobles and AVisemen. Concerning this Act, Henry of Huntingdon farther says, "Congregati sunt Pi'ocercs et Populi totius regni." A. D. 811. Kenwulf, King of the jMercians, convenes the "Optimates, Episcopos, Principes, Coniitcs, Procuratores, suosq; Propinquos." (i) Egbert, King of the West Saxons, enacted his Laws, "cum licencia et consensu totius gentis sure, et unanimitate omnium Optimatum." (k) On the death of Egbert in 836, and on the succession of his son Ethelwulf, the Mercians and West Saxons united to repel the invading Danes, and a great Congress was held at Kingsbury, composed of the Prelates and Nobles of the two Nations. This historical fact is a sufficient proof that, under Egbert, no general consolidation of the States of the Heptarchy had taken place, and that the union here described was an exception to the established Constitution of the Country. A. D. 855. The grant of Tithes to the Clergy is conceded " a Rege (Ethelwolf) Baronibus et Populo, prsesentibus Archieps- et Episcopis Angliae universis, Comitum Procerumque totius Terrje, aliorumque Eideliura, infinita multitudine, qui omnesliegium Chirographum laudaverunt ; Digni- tates vero nomina subscripserunt." (/) I'rom the Statutes enacted by Ethelbert, Ina, OfFa and other Anglo Saxon INIonarchs, Alired selected such as appeared most eligible ; others he amended, and some wholly rejected. He made, in fact, no important alteration in the Laws and usages of his Realm. "He was afraid to innovate, lest, as he says, his own new Laws might be rejected by Posterity." (m) He established the Witena-gemote on a more regular plan, ordained two meetings every year, and introduced a greater degree of order in the Assemblies, which, accoruing to Palgrave, partook of the nature of the present Cabinet and Privy Councils, in which there was a previous consideration of such measures as were to be submitted to the Witena-gemote. This general statement which is derived from the Mii-ror of Justice, the author of which lived under Edw. I., has been, perhaps hastily, rejected by Bishop Ellys, who says, "among other Ivegulations, Alfred appointed two general Shire-gemotes, or County Courts every year, which have been mis- taken for I'arliamenlary Conventions. («) These strictures are, however, scarcely aj)plicable to the expressions of the Author before quoted, who savs, "Alli-ed ordains a perpetual Custom, that twice in the year, or ofteuer,"in time of peace, if business so required, they should assemble at London, to treat of the good government of God's people, and how folks should be re- strained from otlending, and live in quiet, and should receive right, by certain usages and judgements, &c." ig) Eede's Ecclesiastical History, lib. 1. Tracts on the Liberty, Spiritual and Temporal, of Protestants in England, by Anthony Ellys, D.D., late Lord Bishop of St. Davids. 2d Edition, London, 17G7, p. 456. (h) Ellys p. ^b', from the Magdeburg Centuriatus, cent. viii. c. q. p. 575. (i) In bibl. Cotton Tib.c. +. (k) In Bibl. Cotton, Claud, l.ix. c. 31. (l) Lamb. LL. Edw. Keg. c. 8. Ingulph Hist. p. 8G3. im) Palgrave p. 189,-DU. " He judged that it was better to permit the continuance of a de- fective Law, than to destroy the foundation upon which all Laws depend— respect for established authority — which sudden changes, even for the better, are ant to undermine." (n) Ellys b.c. p. 361. VI. INTRODUCTION. Arthur is said to have derived from the ancient British Institutions, that Law which formed the groundwork of the Anglo-Saxon Constitution, relative to I'^rank-Pledge, by which he consolidated the Kingdom of Britain. With more certainty> upon the authority of John of Brompton, may we ascribe to King Alfred, the first division of England into Counties, Hundreds and Tythings, and the appohitment of Ty thing, Hundred, Trything and County Courts, with the duties attached to the respective Members of each. To the system thus consolidated, while, by an arrangement and association of the whole body of the People, it secured the maintenance of the public peace, may also, perhaps, be referred the elements of a representative plan, which might easily be applied to the purposes of National Legislation. It may also, perhaps, be granted, that from the Free-burghs (free securities, frank pledges) thus constituted, have arisen also the rights and privileges of the Free Burgesses, the Burgage Tenants, how much soever they may have since been mistaken, or perverted. Athelstan, the grandson of Ina, proposed various Laws in a great Assembly held at Greateley, consisting of the Archbishop Wolfelm and of all the " Optimates et Sapientes qiios potuit Congregare."" The Bishops, Thaynes, Earls and Villani of Kent, send an Address to the King, thanking him for having appointed certain wise men to inquiie as to their state of peace, and their requirements, " de commodo nostro perquirere et consulere, magnum opus Nobis, Divitibus et Egeuis,"' and assure him that they have immedi- ately commenced their inquiries, with the advice of the said wise men. They thank him farther for the Enactments made at Greatley. (o) These Laws were again confirmed at Exeter, Feversham and Thundres- feld. It appears, also, that they received a fifth confirmation, or that other Laws were made by the great men at London, "Hoc est Consultum quod Episcopi et Praepositi qui liUndonensi Curise pertinent, edixerunt ; et jurejurando confirmaverunt, in Suo Fridgildo, Comites et Villani, in adject- ione Judiciorum quae apud Greatleyam et Exoniam instituta sunt, et iterum apud Thundreffeldam." (p) A. D. 944. Edmund Atheling, brother of Athelstan, held a great Council of the Clergy and Laity at London, and another brother, Edred, succeeded to the Throne, with the approbation of the Witena-gemote. He inherited the fourfold empire of the Anglo-Saxons, Northumbrians, Pagans and Britons, but each of these States and Communities was virtually independ- ent of the other members. "There was one Sovreign, one Empire, many Kingdoms and Provinces, many Customs and Laws. It was not until after the Conquest, that England really became One Kingdom, governed by the King, and possessing one Supreme Legislature." A. D. 958. The Oaths of Fidelity taken at Chester by the vassals of Edgar (nephew to Edred), and their military obligations, constitute, says Palgrave, two of the elements of Feudality. The donation of Land, and the tie of Vassalage grew up with the Anglo-Saxon Kingdoms. Under Edgar, the system was carried to its full extent, {q) Fie convened, a. d. 970, a great Council of all the Proceres of the Kingdom, at Salisbury. (o) Chron. of Brompton, p. 850. fj>) Judicia Civ. Lend : in Dr. Wilkins's Coll. of Saxon law. Elly'sp. 459. In a Charter of King Athelstan for certain Lands granteii, a. d. 'j31, to tlie Abbey of Abing- ton, which is entered on the great Kcgister belonging to t'lat Abbey, now m the Cottoniau Li- brary, Episco to their legislative functions from the circumstance of their being present at the Koyal Feasts! The pretended claims of tlie lioi ougli of liarnslaple to return members from the i)criud of Athel- stan, on which so many false arguments have been founded, are sufficiently exposed and demolished in the Lords' Report on the Dignity of the I'eerage, Vol.1. See also on the Claim of the Borough of St. Albans, K Edw. '2, I'rynne, Brief Kcgislcr, P. 4, p. 612. (9) Palgrave's History of England, 2i8-9-50, 272. n, which is entered on tne great itegister oeiongnig to tiiat Abbey, now m the Cottonian Li- ary, the following words occur : " lla;c Charta in Villa Kcgali qua; JEtwelope nuncupatur, piscopis, Abbatibus,"l)ucibus, I'atria; I'rocuratoribus, regia dapsilitate ovantibus, prxscripta t.*" The term " I'rocuratores " occurred previously, a. d. 81 1, but nothing can be inferred as INTRODUCTION. Vll. A Witena-gemote held at Winchester, a. d. 075, placed Edward the Martyr on his Father's Throne. Another, held at Calne, a. d. O'JS, included the principal Nobility of England. In the year 97^), an Assembly of Nobles, Prelates and great men, on the murder of this King, placed on the Throne his half brother, Ethclred I., the sole remaining scion of the Royal stem. A Charter to the IMonastery of Wolverhampton, was made "coram Rege, Archiep. Ebor. et omnibus Episcopis, Abbatibus, Senatoribus, Ducibus et Populo Terrte." (r) A. D. 1000, the Laws of Ethelred 11. were enacted and confirmed by the King and his wise men ; in one instance, "cum Exercitu." A. D. 1002-100!), A great Assembly of the Witan, or wise men, concerts measures against the Danes. A. D. 1013. Sweyne is chosen "full King of England," and on his death Canute is elected, but the Witena-gemote resolved to restore the line of Cerdic, and Ethelred is recalled under certain conditions. («) A. D. 1016. On his death, "Gives Londonienses, et pars nobilium qui eo tempore consistebant Londini, Clitonem Edmundum (Ironside), unanimi consensu, in Regem levavere." Rut the Witena-gemote chose Canute as King, (t) A. D. 1017- Canute convoked at London a general Assembly of Bishops, "Duces and Oplimates," and, in the following year, confirmed the Laws of Edgar and the Saxon Kings, in a great Council at Oxford, "cum consilio et decreto Archiepiscoporum, Episcoporum, Abbatum, Comitum, aliorumque ; Fidelium." (z<) A. D. 1039. Hardicanute his Son was elected by the States, and a Charter was granted, "cum assensu, laude et consilio suorum Archiep. Abb. Monach. Clericor. et regni sui Devotorum, Procerum, et cseterorum minoris ordinis gregariorum Militum." (u) A. D. 1042. Edward, the Outlaw, or Confessor, only surviving Son of Ethelred, was elected, notwithstanding the opposition of the Danes, by a Council of the Prelates and great men, assembled at London. " The detail of the motives which actuated the majority of the Assembly, shews, says Palgrave, how little the exercise of their Prerogative was attended with any real liberty of Suffrage." The Laws of King Edward, the Confessor, were made "a Rege, Baronibus, et Populo." He was, according to Stowe, the chief Author and Cause that the Law which we call the Common Law, was first brought up, being gathered out of the Laws and Ordinances of Four Nations — the Mercies West Saxons, Danes and Northumbers." (iv) These he united into one, by the advice of his Witena-gemote. The Charter of Edward, the Confessor, to the Abbey of Westminster, made in a great Council held in the last ye'dv of his reign, was granted "coram Episcopis, Abbatibus, Comitibuset omnibus Optimatibus Anglias, omnique Populo audiente el vidente." (a;) A. D. 10G6. The Members, who had composed the last Witena-gemote of Edward, being still present in the Metropolis, consent to the Election of Harold, as King. William of Malmesbury, who wrote within 60 years of this time, and was (r) Dugdale Monast. Ang. i., F. 988, col. 2. (s) " With full atknowledgraent of hereditary right, the nation stipulated that the King should not abuse his power, the germ (says Palgrave, 1. c. p. 303) of Magna Charta, and all subsequent compacts between the King and People of England." (i) Florence of Worcester, and Hovenden from him* Ellys, p. 460- (m) Chart. Reg. Cnut. Archaion. 97, 4 inst. 32, and Rot. chart. 4, E. 3 m. 24 n.58 (v) Ellys, p. 457. (w) Palgrave, 331, Stowe p, 94. Lambard de piiscis Aiiglise Legibus c. 8, f. 139, (*) Spelman Cone. f. 625. Vlll. INTRODUCTION. well skilled in History, speaking of the claim of William of Normandy to the crown, represents Harold as having given this Answer, "De regno prKsumptuosum fuisse quod absque generali Senatus et Populi conventu ct edicto, alienam ilii haereditatem juraverit." (y) It is not known, says Bishop Eliys, v\'hat share, up to this period, the Conunnns held in the Legislature, nor by whom it was managed ; but there are sufficient grounds to believe, that they had some share. He alludes to the Customs of the Northern Nations, the freedom of the lower classes among our Saxon Ancestors, and the ancient writings of those times, par- ticularly the Addi-ess to Athelstan, the Judicia Londini, and some ancient Charters, and concludes, "Such a concurrence deserves to be esteemed a proof of considerable weight, that the Commons, distinguished from the Greater Barons, were usually present, and some way parties to these National Assemblies," adding, "It is most probable that this Privilege was vested in the Thanes of so much Land, in the Sheriffs and Heretooks chosen by the Freeholders in the Counties, and in the Toivn Gereeves, or other Officers there, chosen by the Burghers " (.z) Whatever may have been the real constitution of the Saxon Councils, it is evident from the preceding analysis, that no very precise information can be obtained on this subject from any authentic documents ; and that, how- ever generally it may be admitted, that the approbation of certain classes of the community was desired as a confirmation of Legislative, or other enact- ments, no positive Law existed by v^-hich, their rights were formally announced, or their participation accui-ately defined. Theindiscriminateemploymentof the term "ropulus"hasgiven rise tomost of thedifficultiesconnected with this obscure subject. The "Cleruset Populus" of Ethelbert; the " Confirmatio Populi," " Populus totius Regni," and "Assen- sus Populi," of Ina; the "Populus Terrae'' of Offii; the "Populus totius Hegni" again of Sigebert; the "Tota gens nostra" of Egbert; the infinita mul- titude, the Populus et Fideles of Ethelwulf; the Procuratores of Kenwiilf; the Omnis Populus of Edward Confessor, must be admitted to be sutficiently vague and indefinite expressions, destroying, in some instances, their ov/n authority, as applicable to this question, by their universality, or by proving too much; in others, conveying a meaning very different from that which it is intended to affix to them ; and, in no case, implying the possession of an equal privilege with that acknowledged to belong to the Classes especially named as concerned in the enactment of I^aws. The " Senatus et Populus," are distinguished, moreover, in one instance, as separate bodies. The Con- vention of the Senate, and also of the People, might, indeed, be necessary to the Election of William the Conqueror, without rny implication that the " Populus" formed a part of the Senate, as a legislative Body, from which it is here, in a marked manner, distinguished. Bishop Ellys is himself obliged to acknowledge, that the privilege of being admitted a member of the Legislative Assemblies was vested in the Proprietors of I^and, or the Ofiicers who held responsible situations, a con- cession (juite at variance with the supposition that the Ceorls, or Yillani, might have been members of the Great Councils, concurrently with the Prelates, Nobles, and Wiscmen. And if the Coloni, or Yillani, could in no instance hold these equal privileges, it is as easy to reject the claims of the undefined Class, called " Populus," to an equal participation in the Legisla- tive and Judicial functions. It seems, also, probable, that, in some instances, the term Popiilus was meant to include the wliole body of the liaity, as in the frequent examples that occur of Clerus et Populus"; when the latter term applied to the Lay (tj) Ellvs, p. 4fi3, from Ilody. Convocat. p. 123. (2) Ellys, p. 442, p. 457. INTIlOnrCTION. IX. Barons; ami it may iiosjUjIv l)e true, tliat the "Populus Terra;" had refer- ence to the proprielorshij) of Land, (a) We have, moreover, sufficient evidence, that the Laws of Athelstan were l)roposed and confirmed in an Assembly of Archbishops, Nobles and Wise- men ; and that, notwithstanding the implied opinion to the contrary, the Villani and Coloni had not tiie slightest concern in these Proceedings. It appears, that a/ter the enactment of the Statutes in question, these persons, together with the Earls, took an oath to observe them, not in the Council lloom, but in their own Guildhall (Fridgildo.) Many other similar instances occur, in which the "Populus" had evidently no concurrent authority; and many others, in which, "omni Populo audiente et vidente," they gave a ready and spontaneous assent to the measures proposed, adopted and confirmed, by the Prelates and Nobles alone. Though it is impossible to deny the general free spirit of the Saxon Institutions, it cannot, from any specific and precise evidence, be proved, that the Commons, as they are now considered, possessed a share in the Legislative Institutions of that People, corresponding in any respect with the participation and rights they now enjoy in the Parliaments of the British Empu-e. It was long before such a Privilege was obtained, and Parliaments, as they are now constituted, were never the ancient Constitution of England. The changes which have been effected were "the work of time, of accident, and circumstances, rather than of any legislative enactment." In taking a r-etrospective survey of the Constitutions of England as they have existed from the earliest periods even to the oera at which we are now arrived, it is impossible to escape the conclusion or to repel the conviction, that, under all circumstances, the connection between theChurchand the State, between the established lleligion of the Country and its secular administra- tion, has been of the most intimate and stringent kind. The Ministers of the National Faith have either themselves been the Founders and Executors of Laws, or have acted co-ordinately with the Functionaries of the Civil Government, giving a sanction to, and deriving authority from, the Power and Influence of the Temporal Rulers. If then, in these Realms, as in the history of all nations, from the INIosaic Institutions downwards, such an Alliance has existed, in spite of the superstitions which have prevailed, and the abuses which have been often times admitted, can it be doubted that the system is founded on some conunon principle, which induces a, ready submission to the dictates and incentives of Religion, and approves of such a connection, as the most effectual preservative of good order, and the best safeguai-d for the integrity of existing Institutions. The learned Editor of the Parliamentary Writs observes, that before the reign of Edward I., neither the principles nor the practice of the Consti- tution can be ascertained with certainty ; but under the government of Edward, a settled and uniform usage may be discerned, from whence the Parliament received an organization nearly approaching to the form in which it now subsists. Considerable obscurity prevails with respect to the rights and functions of the individuals who enjoyed the privilege or were subjected to the duty of attendance. The fact, however-, of such attendance is evinced by documents existing in a series, which though not entirely unbroken, is sufficiently complete, to afford a satisfactory "view of the Estates, Orders and Members, who composed the great Councils of the Realm." (6) (a) For the Divisions of Landed Property, consult Strutt's Chron. of England, ii. 18C-7. He says, " Each County being divided into two descriptions of persons, one possessing the Land as I'roprietors, and the other cultivating it as Vassals, the privilege of attending the Legislative Assemblies, as well as having a share in the judiciary Courts, was necessarily confined to the Landholders. As Land was the only original possession of our Saxon Ancestors, tliis Sj)ecies of Property alone could entitle them to the right of Freemen." 8ee also note p. 312, for the Pri- vdege of Members of the Wilcna-gemote, and Wilkins Leg. Sax. p. 140, for Places of Meetin", (.6) Preface, Vol. L "' X. INTRODUCTION^. The Conqueror confirmed, to a considerable extent, the Saxon Laws and Customs, but established no Legislative Assembly, according to any known law in use under the Saxon Kings. It has been shewn, that such an Assembly existed, and its name imports that it consisted of a selected Body. How they were elected is a matter of great obscurity. The Earls, Ealdor- men and Thanes seem to have been selected personally by the Crown, but whether any others had a right to a seat and voice, as an hereditary dignity, as representing others, or as proprietors of Land, is a matter which cannot be determined. Information as to the constituent parts, and the rights of the members of these Assemblies, is wholly wanting. The Saxon Institutions were then, in a degree, the basis on which the Laws stood under William I., but ha made many alterations, and some particularly affecting the constitution of the Legislative Assemblies of his time. The Norman Conquest was a subversion of the Titles to landed Property, which was distributed to his own followers, and to the Saxon Proprietors, by Tenures different from those enjoyed under the Saxon Institutions; and as Property is the principal object of Laws, and property in Land was then the most valuable ])roperty, its influence probably decided on the nature of the Constitution of the Legislature by which that property ■was to be regulated. It is evident, that, under such circumstances, far the largest portion of the people could have no influence in the government, or have anv claim to a participation in the function ot enacting Laws. Supposing, however, that the Saxons were in possession of such legal and constitutional Assemblies, and that they were or were not maintained by the Conqueror and his Successors, the influence of the free Saxon Institu- tions, may still have gradually prevailed, and may have been operative in the formation of those Parliamentary Councils, which were convened in the 49th Plenry III., if not before, in the reign of Edward I., and of all his Successors to the present pei'iod. It has been stated, that, under the Normans, the Public Assemblies of the Kingdom were distinguished by the appellations, Concilium, IVIagnum and Commune Concilium, Curia, and Baronagium. (c) Of these, the First was the King's Ordinar3^ Council, consisting of Pre- lates, Earls and Barons, selected by himself, and assisted by the Chancellor, Chief Justiciar, the Judges and other Officers of State. It was not only a Council of State, but the supreme Court of Justice, and met three times every year at the great Festivals of Easter, Whitsuntide and Christmas ; sometimes, at Michaelmas, and, at other times, also, by adjournment. The Magnum Concilium was a larger Assembly of Persons of Rank and Property, convened on extraordinary occasions. The Commune Concilium was a still more numerous body collected together for more general purposes. The two last Councils of State were usually convened on an adjournment of the King's ordinary supreme Court of Justice. They were, in fact, the King's great Court, constituted differently, according to their ditferenl functions. The term, "Curia" was, on this account, applied to them, as it ■was also, to the Assemblage collected at the seasons above mentioned, for the purposes of Hospitality and royal Dignity, and for the administration of Justice. The Commune Concilium of the Charter of John is so mentioned with respect only to the Imposition of Scutage and Aids, and depended solely on Tenure in Chief of the Crown. At the close of the reign of Henry III. the Curia Regis was called the King's Parliament, a term then employed to express any Assembly met for purposes of Conference ; and at length this Court was distinguished as the (c) See the Lords' Reports touching the Dignity of a Peer of the Realm, for many of the following observalioDK. INTRODUCTION. XI. King's Parliament, and is supposed to have possessed all the powers of the Four Courts, of Chancery, the King's Bench, the Common Pleas, and the Exchequer. It thus appears, that the words " Curia Regis," and " Parlia- nientum Regis," did not originally denote a Legislative Assembly, but only the King's Select Council and Supreme Court of Justice. With this might, however, also be convened an extraordinary Legislative Assembly. The King's Ordinary Coinicil assisted him in the exercise of his Royal Prerogative, and gave a sanction to his Acts. It was his Prerogative to make Laws to a certain extent on his own authority, but beyond certain limits, the consent of a larger Assembly, the Magnum or Commune Concilium, was necessar}'. Under Edward I. the Four Courts were denominated Parliaments, and in the 27th Edward I. the meetings of the King's Ordinary Council and Court of Justice were usually termed Parliaments, as well as the Great Council of the Realm, (d) In the 3d of Edward II. the word Parliament was beginning to be used to express a Legislative Assembly, rather than in the sense in which it was originally used as expressive of a Meeting of the King's Ordinary Council, and Great Court of Justice. The Term Baronage seems first to have been used under Henry III., and then evidently meant the Great Council, consisting only of Barons. It was also so enii)loyed by the Ordainers, under Edward II., who included under it the elected Prelates, Earls, and Barons. In other and later instances, it seems to have been meant to extend to aU who had a voice in Parliament. CeJ The Persons, who were convened to the Great and Common Councils of the earlier Sovereigns, are variously described by the words Barones, Proceres, Magnates, Primates, Antlquiores or Nobiliores Regni, grantz Seigneurs, Grantz, or more particularly, as Archbishops, Bishops, Abbots, Priors, Earls, and Barons. According to the usual obligations of feudal Tenure, the immediate free Tenants of every superior I^ord were bound to attend the Court of that Superior, and the King's immediate Tenants were bound to attend his Court. The Constitutions of Clarendtm, in the reign of Henry II. shew, that the King had a right to require the attendance, at his Court, of such as were deemed his Barons, Spiritual, as well as Temporal ; and the Charter of John proves that all those who held in Chiel'of the Crown, or at least by Military Service, had a right to be sunnnoned io a Common Council of the Realm, in order to give validity to the grant of an extraordinary aid. It appears, however, that such attendance was not always necessaiy for Legislative Acts, which brought no charge upon the People. General powers of legis- lation were deemed to belong to the King, by his own Authority, or with the sanction of his Select Council. It is not evident that any of the Conqueror's Assemblies, ordinarily convened at Easter, Whitsuntide, and Christmas, ever acted legislatively. All who composed the Great Council of the Realm were included under the general appellation of Barons, whether distinguished by Ecclesiastical Dig- nities, or by that of Earl. All Ecclesiastics who held possessions of the King, in Cai)ite,were deemed to hold, "Sicut Baroniam," and were required, like other Barons, to do homage for them, and attend the King's Council until it exercised Criminal Jurisdiction. The Earls, before John, were created by Patents of the Crown, giving a Title of Dignity, which was not a consequence of Tenure of Lands. As such they were distinguished from the rest of the Barons. (u) See Introduction, Chap. 2. CeJ Matthew Paris applies the term Bamagium to the Assembly consisting of all the " Magnates Angliae," 26 Hen. 3, 1242. Lords' Keport i. 89. Xn. INTRODUCTION. But, though this had been the true Constitution of the Government long previous to the Charter of John, the practice was often otherwise. The inconvenience and expense of attendance probably induced many to neglect their duty, and though owing Suit to the King's Court rendered the Tenant one of the King's Barons, none probably attended but such as were specially summoned. Under Henry II. the lay and ecclesiastical Jurisdictions were completely separated, and the Clergy became amenable to no other than Ecclesiastical Jurisdiction. The King assumed a right to compel the attendance of the Prelates in respect of their Lay Fees alone, and the Clergy claimed the right to be taxed as such, only of their own gift, and in their separate and distinct Conventions. It is the opinion of some writers that, in the Councils of our Saxon Kings, Knights, Citizens, and Burgesses, were included with the Nobles under the term Sapientes, an opinion chiefly derived from a volume, intitled, " Modus tenendi Parliamentum," the spurious character of which has been completely demonstrated by Prynne, in his Brief Register of Writs. Others refer their origin to the Parliamentary Council held at Salisbury, 16 Henry I„ which opinion the same distinguished Antiquary has refuted in his " Plea for the Lords-" (f) Cotton, Selden, and this Author, believe that Writs were first issued for electing Knights, Citizens, and Burgesses, about the latter end of Henry III., and that the first Writ now extant, as is confirmed by more recent inquiries, was that of 49 Henry III., before which it cannot be esta- blished by History or Records, that any Commoners, elected by the People or others, were called to our Great Councils and Parliaments, as jNIembers of the same. The most ancient AV'rit which seems to prove that such Summons existed, was that of G John. But the evidence is quite insufficient to deter- mine that the " omnes Fideles nostri AngliaB " had reference to any Knights, Citizens, or Burgesses, while the Great Charter indicates very clearly who were the Persons thus designated. After mentioning the Summons of the Archbishops, Bishops, Abbots, Earls, and Greater Barons, it adds, "et praeterea faciemus in generali per Vice Comites et Ballivos Nostros omnes alios qui de Capite teiient de Nobis, ^c." The first apparent attempt to summon the Tenants of Mesne Lords who had no voice in the Legislative Assembly, f nd also the inferior immediate Tenants of the Crown, was in the 15th of John, when, either on the autho- rity of the King's Prerogative, or at the mere will of the SherilF, certain Knights were summoned to Oxford in arms, and Four discreet Knights from each County, to be elected in the first County Court, " ad loquendum." This proceeding seems to have been without precedent, and the first ex- ample of Representation. But this Summons appears rather to require attendance at a jNIilitary Camp, than at a Parliament, or Parliamentary Council, and the four discreet Knights to have been called rather as Inquisitors or Grand Jurymen upon a special occasion, well described by JMatthew of Paris, than as Knights of the Shire to a Parliament then lield. {g) The Charter of John affords the first authentic evidence as to the Con- stitution of the Legislative Assembly, called the Great Council. It con- sisted of certain persons, who were required to be personally summoned by the King's Writ, and of others, as above stated, wlio were to be summoned generally ; the latter, certainly, the former, probably, with reference to their holding Lands in Chief of the Crown. From tliis Charter, no inference can be drawn, that Cities or Borougiis had any sliare in such Assemblies. By whatever Authority other Laws niiglit be made, such an Assembly was alone comi)etent to grant an extraordinary Aid to the Crown. (/) Plea for the Lords, p. 105, 183 (g) Hist. Ai)glia;,p.224, £31, &c. INTRODUCTION, XIll. In Ihis Charter, the ^Majores Barones are first distinguished from the rest of the Tenants in Chief. They may have been those whose Persons and I'roperty made them well known to the King's Officers, and who were, therefore, summoned to perform their military duty by special Writs, whilst the more numerous body of Tenants in Chief were summoned only gene- rally, {h) From the Conquest to the close of John, the King's Council was a Council of Barons. The Proceres with the Prelates represented all the Landed, if not the Commercial Interest, of the Country. The Charter of John was not, however, considered as definitively settling the Constitution of the great Legislative Assembly even for granting Aids. The Chartei's of the 1st and iith of Henry III., omit the Clauses respecting such Constitution, and reserve the subject for future consideration. The Charter of John was, in fact, superseded by that of the 9th of Henry III., which has ever since been recognized as the Great Charter of Liberties. In the 38th Henry III., occurs the first unequivocal instance of an attempt to substitute Representatives, elected by bodies of men, for the attendance of individuals, in an Assembly convened for obtaining an Aid. Writs were issued for the election of Two Knights (Alilites) in each County. This again seems to have been a Convention oi jNIilitary Tenants only, and the elected Knights might also be summoned personally as such. It is, moreover, evident, from a perusal of the Writ itself, that these Knights were not summoned to a Parliament, but only to appear "Coram Consilio nostro ;" not to confer with the Nobles, who were summoned to appear a week afterwards, not to make a Parliamentary Grant in a Par- liament then not in esse, but to declare to the King's Covmcil what voluntary Aids, the ditferent Counties would afford, under very pressing circum- stances. The Parliament at Oxford, in the 42nd Henry III., consisted only of persons to whom the appellation of Barons might be applied. In the 45th Henry III, three Knights out of every County were sum- moned by the Barons, then at variance with the King, to treat with them concerning the common afiiiirs of the Realm. Our Histories make no mention of this Writ, or of the election of the Knights, who were probably nominated by the Barons themselves. By other AVrits, the King, to divert them from confederating and meeting with the Barons, summoned them to attend him at Windsor, as witnesses of the Treaty of Peace intended between him and his Barons. In the 48th Henry III., a Parliamentary Council of Prelates, Lords, Nobles, and Barons, summoned by name, granted a Tenth to the King, and that the " alii Fideles" of the Writ, meant the rest of the Prelates, Barons, and Nobles, is clearly evinced by the Writ to the Clergy, which declares that the Grant was made "per Prselatos et jMagnates" only. In a Writ of the same year, " ]\f ilites et alii qui Servicium debent " are summoned to a Military Council at Oxfoi'd, " cum Equis et Armis," at which Council, the Barons and great men alone counselled and advised the King, as is declared by the Clause " De Baronum Consilio et Magnatum Nobiscum existentium provisum est." These Writs supply a clear proof that in the 48th Henry III., no Knights, Citizens, and Burgesses, but only the Spiritual and Temporal Ijords were summoned to Parliament. The very first Writ wherein express mention is made of Writs to Sheriffs or others to send Knights, Citizens, and Burgessess to Parliament, is in the 49th Henry III. In this year, a great Council was convened, consisting of certain persons, (to See Seidell's Titles of Honour, p. 738, for his discussion " on the alteration of great mo- ment, which from the later time of John to the middle of Richard?, fell among the Barons and Baronies of the Kingdom.'' XIV. INTRODUCTION. both of the Clergy and Laity, summoned personally by the King's Writ, and of others required to attend by Writs directed to the Sheriffs of some Counties, to the Cinque Ports, and to certain Cities and Boroughs — from the Counties, Two most legal, " probi," and discreet Knights, Four from each of the Cinque Ports, and two Citizens from York and Lincoln, and Citizens and Burgesses of the most legal, " probi," and discreet, from the other Boroughs of England. The King was then a Prisoner in the hands of his Barons, and this pro- ceeding does not appear to have been authorized by any express Law, or by any Precedent. It was not itself precisely followed, as a Precedent, at any subsequent tiine. If the Cities and Boroughs, which held immediately of the King, and the Cinque Ports, which also so held, were considered as Tenants in Capite, the only innovation in this proceeding from the Charter of John, which named only such Tenants, was the acceptance of Procurators, or Representatives, instead of Principals. At all events, during the whole reign of Henry III., except, perhaps, in his 34th, 48th, and 49th years, Tenancy in Chief was the ground on which a Summons to an Assembly for assessing Aids, was gene- rally founded. The first clear evidence of any subsequent Convention of a Legislative Assembly, resembling that of the 49th Henry III., is found in the Docu- ments which prove the Summons of such an Assembly in the King's Par- liament, in the 23rd Edward I. Between these periods much obscurity prevails. The Records of Writs issued after the imperfect Records of 49 Henry III., befoi'e 23 Edward I., consist only of AVrits for special purposes, issued to Sheriffs, for election of Knights, in the years 18 and 22, and special Writs to individuals probably Bai'ons, a. r. 22. It is evident, however, by certain Clauses in the Prologues to the Statutes of Mai'lborough, 52 Henry III., and of Westminster, 1, 3 Edward I., which mention " the more discreet men, as well of the higher, as of the lower Estate," and the Nobles " and all the Commonalty of the Realm being summoned," that Writs issued upon these occasions, although none are now extant. The Writs of 22 Edward I., for two Knights to be elected, "de consensu Comitatus," and the second Writ for the election of two other Knights, with full power to consent to the acts of the Lords, furnish an incontestable evidence, that the King might sunniion as many Knights as he thought necessary, and that the numbers so summoned had no influence as to the decision of the measures to be adopted according to the recommendation and advice of the Nobles, who alone constituted the deliberative Body. The Constitution of the Legislative Assemblies seems now to have returned to its old course. In the 23d Edward I., writs were issued to the Prelates and Proceres as usual, but those to the Archbishops and Bishops, contain a new Clause, called, from its first word, the " Pramiunientes" Clause, by which they are required to summon to Pai-liament, the Inferior Clergy, the Priors, Chapters, Archdeacons, of their respective Dioceses, with variations adapted to the state of the particular Chui-ches. The Priors and Archdeacons were to appear in person, the Chaptei-s by One, the other Clergy by Two fit Pro- curators. Writs are sent to all the Sheriffs (except of Durham and Chester) to cause to be elected of each County, Two Knights, and of each City and Borough, Two Citizens and Burgesses, with full powers to act and consent. The Cinque Ports were not summoned till the Reign of Edward III. The Cities and Boroughs seem only to have been those of the King's Demesnes, inasmuch as the Grants were made only " de Dominicis Civi- tatibus et Burgis." 'J'he Knights did not represent any of the King's Demesnes. The form,I|" Praemunientes," was used in all subsequent Writs, whenever INTRODUCTION. XV. the King required the attendance of such a Convention of the Clergy for an Aid in respect to their I^ay Fees ; but it was not always inserted, and the Clergy assembled under this Clause, formed no necessary part of that Assembly in Parliament, by which Laws were to be made affecting the Kstate of the King, of the llealm, and of the People. This Representation of the Clergy bore, in other respects, a strong resem- blance to the Representation of the liaity in the Legislative Assembly. The power of Legislation was now generally exercised by the King, with the consent of the Lords Spiritual and Temporal, and the Commons assem- bled in Parliament ; but Statutes were afterwards made (a. r. 27) without the attendance of Knights, Citizens, and Burgesses, when no charge was imposed on the People. In the 34th Edward I., the P>ishops, Abbots and Abbesses were summoned "ad tractandum." But the A\'rits to them, as well as to the Earls and Barons, admitted attendance by Attomies sufficiently authorized, instead of personal attendance. The Procurators of the Prelates were all inferior Clergy, except in one instance, Avhen a Knight was returned as such. The "Proceres," in this reign, began to be considered as Persons having personal Dignities, and the Commons were only required to give their Assent and not to advise. On the whole, howevei", the Constitvition of the Legis- lative Assemblies approached the form which is now established, and in the loth of Edward II., practice had settled this constitution. The Declaratory Statute of York gave it the sanction of Legislative Enactment. It was declared, that the Legislative Authority resided only in the King, with the assent of the Prelates, Earls, Barons and Connnons assembled in Parliament, and that every legislative Act not done by that Authority, should be void and of none effect. It was the first act of this nature since the Charter of John, which appears to have been abandoned as a legislative declaration, though probably truly describing the component parts of a Legislative Assembly to be convened for extraordinary aids. The present Act extended to all purposes for changing the Law' of the Land, but in the 18th Edward II. the attendance of Knights, Citizens and Burgesses was still not deemed necessary for ail pm-poses, when authority was not required for a new Law. The Temporal Lords seem now to have been summoned at discretion, and the foundation of Right by Tenure, began to be overlooked. With some few variations, the transactions of Edward III. and his Suc- cessors afford evidence of the Custom established by practice; and the Constituent parts of the Legislative Assemblies seem as fixed nearly as they now stand. As Judges of the Parliament, the Peers were a distinct body separate and apart from the Commons, as they still are. Earls and Barons were equally Peei-s, without distinction of degrees, except as Earls and Barons. The "Autres Grantz," Members of the King's CouncU, not Earls or Barons, and the Judges were all present in Parliament. The Commons were generally Petitioners, and the Lords of the King's Council assented. The final sanction was given by the Royal Assent. In the 1.5th Edward III., the Privilege of the Peers was 'determined. A clear and decided personal distinction was declared between such as were summoned, or were entitled to be summoned by Special Writ, as Peers of the Land, and such as were not so summoned, or entitled to be so sum- moned. This personal Privilege, attaching at all times, is distinct from that Privilege of Parliament which belongs to the Members of both Houses of Parliament. All the Tenants in Chief had no longer a right to demand a Summons to Parliament, as such. Two Persons elected for each County by all the Freeholders, had been substituted for such Tenants in Chief as had not XVI. INTRODUCTION. Special Summons. The " Gentz du Commun " seem to have been little regarded, except when an Aid was required. The new Dignity of Duke was created by Edward III. A Statute, in the 5th llichard II., gave a still more fixed character to tlie I^egislative Body, and, with the 15th Edward II., preserved to the Arch- bishops, Bishops, Abbots, and Priors, accustomed to be summoned to Par- liament, their Dignities ; to the Temporal Peers, hereditary Titles ; and confirmed to the Counties, Cities, and Boroughs, which then sent Membei"s to Parliament, their llights of Representation, on the evidence of usage. The Title of Marquis was introduced by llichard II., by Patent, and he created a Baron, by Letters Patent ; probably the first who had been so created. All the Temporal Lords probably had Lands in Chief, but many derived their Rights and Titles of Dignity from Grants by I>etters Patent, not as Tenantsin Chief. The Annuities which were granted to those so created, did not lie in Tenure. The Creation of the Dignity of Viscount took place under Henry VI. In the Reign of Henry VIII., Wales was incorporated and annexed to England. It was enacted, that Two Knights should be elected for the County of Monmouth, and One for each of the other Shires. One Burgess was to' be chosen for every Borough being a Shire Town, except the County of JNIonmouth. CHAPTER II. It has thvis appeared, that during the earlier Reigns, the Spiritual and Temporal Lords were the only Members of the Legislative and Judicial Assemblies of the Realm, by whatever name these Assemblies were dis- tinguished, and that, though, vmder extraordinary circumstances, the opini(m and advice of an inferior class of the Community were occasionally asked, the Commons had no real participation in the l)usiness of these Councils or Parliaments, before the 49th year of Henry III. The authority of ancient writers on this point is confirmed by the examination of all "the Records which relate to those early periods, and which have been discovered and illustrated by the persevering industry of the Antiquaries of the present dav. From these Records the ancient Constitution of England may be still farther elucidated, and from a short summary of the practice, which, in accordance with the King's acknowledged Prerogative, with Law, or with Prescription, successively obtained in regard to the Persons composing the Supreme Legislature of the State, a correct inference may be drawn as to the processes by which their respective Rights and Pi-ivileges were estab- lished and limited. From the Writs of Parliament issued at various Periods, we obtain the most precise Information on this subject, and to the learned and indetiitigable Prynne, we are indebted for many deductions highly important towards a thorough knowledge of the Constitutional history of the Country. As the Spiritual I^ords and Barons are mentioned in all great Councils, Parliaments, Prologues and Acts of Parliament, before the Temporal I^ords and Barons, so for the most part the Writs of Summons directed to them INTKODUCTIOV. Xvii. are iirst eiitereJ. This rule seems to liave had tew exceptions. The Princes of AV'ales have, now and then. Precedence, and, very rarely, other Temporal I'eers. Tiie form of Writs to the Archbishops and Bisliops vary. Tiiose to Councils and Convocations differ from those to Parliaments. In the Writs to Councils of State, the Clause '' PriBmunientes" is wholly omitted. It appeared only in those to Parliaments, and was then inserted, or not, according to the pleasure of the King. There vvas no general Summons to all Archbishops, Bishops, Abbots and Pri'.irs holding by Earony, to all Councils of State, but to such only as the King and Council thought meet ; whereas they were usually all summoned to Parliaments. The numbers, h jwever, of those so summoned varied, at times, in consequence of vacancy of Se?s, from death, or Translation. In Summons to Parliament and great Councils, the Bishops, Abbots, Priors and Clergy had all ])articular Writs, and, in mnny instances, Special (Second) Writs, directed to the Archbishops, commanded them also to sum- mon the Bishops and others in their Diocese, for the purpose of preventing delay, or neglect of attendance. (^) The number of Abbots and Priors who were summoned varied at differ- ent times, either in consequence of vacancies or death, or because it was ascertained that they held no I^ands by Barony, or Knights' Service from the King, but only in Frankalmoigne ; or because their attendance was dis- pensed with by Act of Special grace, {k) The number of Archbishops, Bishops, Abbots, Priors and Ecclesiastical Persons was for the most part equal to, and very often far exceeded the number of the Temporal I^ords and Barons. In 49 Henry III., 120 Prelates and only 23 Temporal Iiords were summoned. In 2'6 Edward I., the Spirit- ual Lords were 77, the Temporal I^ords G3; and the same year, 90 Spiritual and only 50 Temporal Peers were summoned. In 24 Edward I , the Spiritual were to the Temporal Lords as 91 to 43. In other Parliaments, the Tem- poral Lords exceeded the Spiritual in number, as in 27 Edward I., when the 'J'emporal I^ords were 90, the Spiritual, 58 ; but in 28 Edward III., again, the latter were 102, and the former 89. In most Summonses during the Beigns of Henr}' IV., V. and YI., the Spiritual Lords were nearly double the number of the Temporal Lords, in consequence of the absence of the latter in actual service, in war, or from other causes. Proxies or Procto.s of the Spiritual I^ords were sometimes authorized by the writs themselves ; at other times, they were stiuctly pro- hibited. The King, Temporal liOrds and Commons could not legally impose any Aids, Subsidies or Taxes on the Clergy, without their sj)ecial grants in Convocation, according to the great Charters of Henry I., King John, Henry III., and a particular Act of 8 Henry IV. The total number of Abbots ever summoned was 122, and of Priors and Masters of Orders 41, altogether 1G3 ; besides 5 Ueans, the Official of the Court of Canterbury and the Dean of Arches, (l) Some of these were only summoned once ; others, variously, to 8 or 10 times, and never afterwards. At the latter end of Edward III. only 25 were constantly summoned. It appears that our Kings by their Prerogative and Royal Authority alone, summoned what Abbots and others, they thought fit, but that the (0 See Lists of Abbots and Priors summoned, and the form of Writs, Prynne, Brief Register, p. i., 109. (A-) In Cases wliere Abbots, &c., were exempted by Special Acts, they were bound by their Act of Exemption to agree to the Proceedings of the Proxies sent by the Clergy to Councils and Parliaments, i. 113. U) See Lists of the Abbots, Masters, and Pnors of the different Religious Orders, to whom Writs of Summons were sent from the i'Jth Henry 3, to 23 Edward 1. Prynne, R. I p. 121. XVUl. INTUonUCTION. bare Writ of Summons to Abbots and others not hohlinfi Ly Baronrj, and tlieir sitting in Councils and Parliaments did neither enoble them or their Successors or Heirs, as Peers of the lleahn, but only made them Quasi Peers, or ratlier Assistants, and Joint Counsellors with the Lords in Parliament, (w) That the Bisliops, Abbots and Priors summoned constantly, and of Riglit, were smnmoned, not as Bishops, Abbots and Priors, but in respect of their Baronie-;, appears evident from numerous Authorities, particularly that of 51 Henry III., when the Clergy, having been put out of the King's Protection, were not re-admitted to sit in Parliament, till " Reddita sibi Baronia sua;" and from the Pi-otestation in the Parliament, II Richard TI. tliat, "de Jure et consuetudine Regni, &c." it belongs to all Ecclesiastical Persons, "qui per Baroniam de Domino Rege tenent, Parliamentis Regiis Quibuscunque, ut Pares Regni, Personaliter Interesse, &c." (m) The Summons to the Temporal differed from that issued to the Spiritual Lords. The words " Homagio et Ligeantia quibus nobis tenemini," are peculiar to the former. The words "in Fide et Dilectione, &c." are not peculiar to the Clergy, but are often inserted in the Writs to the Temporal Peers. The clause, " in Fide et Homagio," to the Tempoi'al Lords, implies that they were all, or most of them, Barons by Tenure. AH Lords and Barons before and in 24 Edward III., were Barons only by Tenure, and not by Writ alone, as all were regularly summoned in " Fide et Homagio," and not in " Fide et Ligeantia," an alteration which was adopted 25 Edward III. As these three terms are occasionally used to- gether, and on other accounts, they are considered, by Prynne, as syno- nymous, (o) There will scarcely l)e found, in the opinion of this eminent Author, an instance of any Duke, Earl, Viscount, Lord, or Baron, sum- moned under Henry III., Richard II, Henry IV., V., and VI., or Ed- ward IV., who was not a Lord by Tenure, or Barony, as well as by Patent, Writ, or Creation. There is great diversity in the Writs of Summons to Parliaments and general Paidiamentary Councils, and to particular Councils, not pro])er'ly Parliaments. All the Bishops, Abbots, Priors, Earls, Lords, Barons, together with the Judges and King's Council, the Citizens, Burgesses, and Barons of the Cinque Ports, were usually summoned to the one. To the other, some few Spiritual and Temporal Lords only, without any Judges, Assistants, Knights, Citizens, Burgesses, or Barons, or some few only, together with divers who were no Barons of Parliament. Though the Peers, Temporal and Spiritual, were not allowed to sit when under age, an exception was made in favour of the King's Son. Edward of Carnarvon, the fii'st Prince of Wales, was summoned when he was 19 ; Edward, eldest son of Edward II., as Earl of Chester, when scarcely 9 ; Edward, the Black Prince, before he was 20 ; Richard, his son. Prince of Wales, was called by AVrit, before he was 9. Henry VI., in his Mother's lap, presided, in Parliament, before he was 12 months old. The Terms " Baro, Barones," are freepiently used in Histories, the Great Charters, and Statutes, in the reigns of John, Henry III., Edward I. and II., and ai-e ap])lied to all the Temporal Lords of Parliament, yet in the Close Rolls and Writs of Summons, none ai'e so summoned but the Barons of (m) 2G Edward 1, Prynne n.,U) — There is no mention made of any Bishops, Abbots, or Clerjry summoned to the Convention at York, the Clergy being then in a Pra;munire, and under the King's displeasure. 35 Edward 1. There are no Writs to the Spiritual Lords. {nj See Prynne i., 151, &c. (o) On Homage, &c., see Prynne B. R., i., 194, 200, and Palgrave's History of England, p. 230, <;72. The " Homagia ct Fidclitas," and " Homagia cum Fidelitatis Juramento," give some insight into the meaning of the frequent term " l'"idclcs," perverted into a distinction of the Commons. inthoduction. xix. Gre^'stok and Staftbnl, Edward I. and III., llichard II., Henry IV., V., and VI. The Title of " Miles," or " Chivaler," was given to no Temporal Lords or Barons before 49 Edward III., but was toninion under Kicliard II., Henry IV. and V^. After the begiiming of Henry VI., and under Ed- ward "IV., scarcely any Temporal Ijords were summoned without it, being all generally Knighted for their greater Honour. Tlie Title " ]M:igister" is only given to one Temporal Lord, Thomas de la Ware, who is constantly so styled from 2'^ llichard II. to 5 Henry VI. He had probably been in Sacred Orders before the Temporal Dignit}"^ descended to him, and this Title is always prefixed before the names of all the King's Council who were Clergymen, as Assistants to theI>ords' House. The Title "Armiger" is once given to John de Audley, 1 Edward IV.. who is otherwise always termed Chivaler, 49 Henry VI., 2, G, Edward IV. This arose probably from an error, tliis inferior title being not suitable to the Lordship, or Peerage. The Title " Dominus" is not usually given to any Temporal Lords, ex- cept two, before Henry VI. (1) John de Sloubray is styled Dominus, Insulre de Axholme, (Ifi Edward III.); none else having it, till after llichard II. (2) John Talbot is called Dominus de Furnivall, (11 Henry IV.) but none after are so styled, till 23 Henry VI. After 29 Henry VI., this Title is more common. It is the inseparable Prerogative and Supreme Royal Jurisdiction of the Kings of England, by Special Patents, Writs of Creation, Charters, and Solemn Investitures, to make and create Princes of Wales, Dukes, ]Mar- quisses. Earls, Viscounts, Lords, Barons, and Peers of the llealm, and to give them, and their Posterities, a Place, Seat, and Voice, in the Parliaments and Great Councils of England, the Supreme Judicature, and Highest Court of all others, wherein they sit as Judges. All other Judges in the Courts of Westminster, sit only as their Assistants, not as Associates or Fellow Judges with the Peers. It has been already stated, that one of the^rs^ Barons created by Patent, whose Patent is extant, was John de Beauchamp, Steward to the Household of Richard II. ; and there is only one Precedent of a Baron created by Special Writ, Henry Bromfleet, Knight, who was created Baron de Vescy, 27 Henry VI. He is afterwards called Dominus, not Baro, a sufficient evi- dence that no general Writ of Summons created Barons, unless they held Lands by Barony. It has thus been proved, beyond the possibility of contradiction, that the ancient Temporal Earls, Lords, and Barons, usually styled in the Writs of Summons, " stagnates or Proceres," are most essential, necessary, con- stituent Members of English Parliaments and Great Councils, to which, they always were, and ought, of Right, to be summoned, and that, according to the Constitution of England, no Parliament may or ought to be sum- moned without them. In all AVrits of Summons, the Commons are sum- moned " ad consentiendum hiis quse de Conimuni Consilio Regni,Prelatorum, IMagnatum et Procerum contigerit ordinari," and no Treaty or Conference, between them and the liOrds and Great Men is ever mentioned. Hence it appears probable that the Lords and Commons never sat and consulted together, as one House, in the Parliaments of England, (p) The number of Peers summoned to the Councils and Parliaments varied, from many assignable causes. Such were, their absence in Foreign Parts, Special Services, Civil Wars, Attainders, Alienations of Baronies, Deaths, and the Creation of new Peers. (j>) The first particular mention of the separation of the Commons from the Lords occurs 13J2, (3 Edward 3, at which time the Commons appear to have no regular Speaktr. XX. INTRODUCTION. The numbers of Temporal Peers summoned, from 49 Henry III., to 23 Edward IV., are given in a Table hereunto annexed. All ancient Records evince that the Ijords were the only original INIem- bers of our Great Councils and Parliaments, many hundred years before any Knights, Citizens, or Burgesses, were admitted to them by the King and the House of Lords, who, on their admi.ssion, received no Power, Judicature, or Jurisdiction from theCommons, which they had not of right enjoyed and exer- cised in all precedent ages, not only without the least complaint or opposition of the Commons in any Parliament before 17 Car,, but with the ready acknow- ledgment of their inherent Privileges, and a spontaneous deference to their acknowledged superiority as Legislators and Councillors, {q) The same Records as clearly evince the fact, that the Old Lords and House of Peers, in no cases, ever exercised so exorbitant, arbitrary', and tyrannical a jurisdiction and illegal Power, as the Commons have, on many occasions, usurped. To the Peers of England is the nation indebted, on the other hand, for the important Charters which guard its Liberties, and for the enactment and preservation of some of its most important constitutional Laws. Besides the Spiritual and Temporal Peers, certain Individuals have, from very early periods, been summoned by Writ 1o the Parliaments and Great Councils of the Kingdom, as Assistants to the King and House of Lords, (r) These Assistants were mostly the King's Gi'eat Officers, Clergymen, as well as Secular Persons, who were no Lords, nor Barons of the Realm, his Treasurer, Chancellor of Exchequer, Judges of his Courts at Westminster, Justices in Eyre, Justices Assignes, Barons of Exchequer, Clerks, Secre- taries of the Council, and sometimes his Serjeants at I^aw, with such others as he thought meet to summon. In later times, the Chief Justices, Chief Baron, and all the King's Jus- tices, Barons of the Exchequer, Serjeants at Law, the Masters of the Rolls, and some IMasters of Chancery, have usually been summoned, as Assistants, to council and advise the King and Lords, in all matters of Law and Diffi- cultv, as also to carry jNIessnges, Bills, and Orders, from the Ijords to the Conimons' House, and return Answers from them upon occasions when they please to return Answers by them, and not by Messengers of their own. (s) Of these sevei-al Assistants, it may be observed — (1) That they are no essential iNIembers of the Parliament or Great Councils, which may be held without them. (2) That they vary in number according to the King's pleasure. Some- times most of them are Deans, Archdeacons, and other Clei'ks, who had always the Title "Magister" prefixed. At other times, they were chiefly Laymen, and two or three Clerks. (3) The Chief Justice and other Justices of the King's Court at "West- minster, and the Chief Baron, were constantly summoned, in more or less numbers, and the King's Serjeants, ti-equently. {t) (4) Bv "the Kingand his Council," the King's Justices, and others sum- moned to Parliaineiits and great Councils, as his Council, and not as Spiritual and Temporal Lor,onls sometimes are. ((!) Thoujih not essential IMembers of Parliament, they yet had great j)()\ver and Audiority, in receiving and answering Petitions, determining weighty and doubtful Cases, and in making Ordinances and Acts, &c., even in the Parliaments themselves. Uesides these usual Assistants, it has been the practice of our Kings to summon to llieir Councils, upon extraordinary occasions, divers individuals. Knights, Gentlemen and others, no Peers, whose opinion and advice were considered of value and importance. But, as before the existence of the Commons, as a distinct branch of the Legislature, such general Writ of Summons to those who held not by liarony, and are no I>ords by Special Creations or Descent, to treat with the King and Lords once or oftener, neither made them nor their Heirs male, in point of liaw or liight, I/ords or Barons of the llealm for I^ife or Inheritance, nor gave them Right of Summons, so could they in no respect be considered in the light of Com- moners summoned as the later Members of the lower House, chosen, according to their qualifications, by the free election of those privileged to make such Election as their liepresentatives and Attorneys, to manage their own and the general interests of the Nation. Though, before the time of Kdward the Third, such occasional Siunmons are to be found in llecords, they were few under him, and after him, no Precedents occur of Spiritual Lords and others Summoned, who held not by Barony: and few of Knights and Ijaymen summoned to attend the House of Lords. It may however be remarked that from tlie49th Henry III., to the last Parliament of King Charles, there is no Precedent of the omission of Writs of Sum- mons to any of the Ancient jS'obility, except on the grounds already assigned. («) For a long period after that at which Knights, Citizens and Burgesses ob- tained the privilege of a customary Summons to the Parliaments and Great Councils of the Kealm, they were elected, and impowered only, " ad facien- dum quod de communi consilio ordinabitur in prsemissis ;" while the Earls, Barons and Nobles were summoned "locuturi et super praedictis negotiis tractaturi." The Knights in every Shire were elected in the fiill County Court, by and for the whole County, from whom they received sufficient Powers for the above mentioned purpose. The Sheriffs exacted and received from every Knight, as well as from every Citizen and Burgess, elected and returned, special INIanucaptors, of good quality, for their appearance at the day and j)lace appointed by the Wi'it. The number of these Sureties was sometimes four or six, but usually two, and the practice continued through the lieigns of Edward I. and II. till the 12th Edward IV., and 1 Hen. V., though in these later times, they Avere often omitted. As regards the Knights, Citizens and Burgesses, manifold varieties and differences in the form of the Writs, both of Election and Prorogation, occur both before, and since the Statutes, Hen. IV., V. and V"I, touching Elec- tions. Before the Statutes 7 Hen. IV. c. 15, 11 Hen. IV., c. 1, 1 Hen. V., c. 1, 6 Hen. VI., c. 4, 8 Hen. VI. c. 7, 10 Hen., VI., c. 2, 23 Hen. VI., c. 15, i) Hen. VIIL, c. IG, 27 Hen. VIII., c. 26, 34 Hen. VIII, c. 13, 35 Hen. VIII., c. 11, the Kings of England had a very large and absolute power in limiting and prescribing in, and by, their Writs to the Sheriffs, Mayors, Bailiffs and others, both the respective numbers, and likewise the qualifications of the Knights, Citizens, Burgesses and Barons to be elected and returned. They sometimes commanded Four, but mostly Two Kiiightsj sometimes the self (m) See Prynne, i.,306. (I') See Prynne, i., 204-36-40. XXll. INTRODUCTION. same Knights, Citizens and Burgesses to be returned a second time, and new ones to be elected only in place of the deceased, sick, or infirm IVIem- bers. At other times, tliey summoned only tlie moiety of the old Members, to perfect what the whole number had hastily agreed to. They ordered neAV Elections, in place of those who could not attend, or were doubly re- turned. Tliey sometimes prescribed Two Citizens, sometimes Four for the City of London, and for each of the Ports ; at others. Two Barons only for all the Ports. They sometimes ordered two, at other times, only one Citizen or Burgess for each City or Borough, as occasion might arise, now and then omitting some Cities and Boroughs which before sent Members, and creating by Patents, Writs, or both, new Cities and Boroughs, with jfower to elect; and creating other Boroughs and Cities Counties within themselves ; then issuing Writs to their Sheriffs, Mayors and immediate Officers to make their Elections and lleturns, which formerly were issued to and made by the SherilFs of the Counties, without any precedent votes or sub- sequent consent of the Commons' House. It appears, indeed, an unques- tionable ftict, that, from the 49th Henry III., till the 23d Edward IV., and many years afterwards, the Commons were never the immediate or proper Judges and Deciders either of the undue Elections, lleturns. Numbers, or Qualifications of their own Members, or Speakers. The Kings or their Council, together with the House of I^ords, held, in these matters, the entire Jurisdiction. The general Qualifications of those to be elected, were prescribed by the tenor of the Writs; which were issued according to the King's sole Author- ity and pleasure, or were modified according to the requisitions of certain Acts granted at the request and Petition of the Commons themselves. The first Writs addressed to the Sheriffs, 15 John, directs them to send "Quatuor discrelos Milites de Comitatu." The Writ of 49 Henry III., prescribes that two "Milites de legalioribus et discretioribus" and two Citizens and Bui'gesses, "de discretioribus et pro- bioribus," and Four Barons " et probi Homines de legalioi-ibus et diso-etioribics Portus," should be elected and sent. The Knights commanded to appear, 22 Edward I., are to be " de rfis- cretioribus et ad laborandnm potentioribus" also ^''/egales" &c. In the 28th Edward I., the Sheriffs, Coroners and Community of the Counties are directed to send Three Kniglrts, or others of the most honest, latrful and discreet Freemen, (Liberi Homines) to be elected by Assent of the County. In 4 Edward III., a Proclamation sent to all Sheriffs, after the Writs of Elections, commands them to send "deux de plus Leaux et plus srtffisons Chevalers et Sergeantz (Esquires, not Serjeants-at-Law) qui soient mi sus- piciouns de male covcigne, ni communes maintcnours des Parties.'" In 13 Edward HI., the AVrit is varied, directing that two Knights shall be sent, "gladiis cincti,''^ and two Citizens and Burgesses, "de discretioribus ct probioribus Militibiis, Civibus et Burgensibus, et ad laborandum potentioribus," according to which clause, none but actual Knights, by Order, as well as Tenure, might be elected and returned. The word "probioribus" extant in no Writs since 49 Henry III., is here added, and ^'■Legalioribus" is omitted. The Writ 22 Edward III. directs that two Knights "gladio cincti et Ordinem Milltarem habentes ct non alii, et duo Cives et Burgenses de aptio- ribus, discretioribus etfide f/i^Hu, IMilltibus, Civibus, &c." shall be elected. Those to be sent, 24 Edward III., were "de discretioribus, &c. qui non sunt Placilorum ant Qiterelarum Mamitentores,autc,v hiijusmodi questu viventes, sed homines valodrs ct bonce Jidei et publicum commodum diligentes." The Writ of 2(i Edward III. summons "unum IMilltem de pi-ovectioribus discretioribus et magis ea-pcrtis Militibus de asscnsu Comitatus, duos Cives (London) dc magis expertis, et unum de Civitatibiis et Burgis, de provecti- Oribus, &c." INTIIODUCTION. XXlll. To guard against the election of low and impro])er Persons, the Writ of 27 Edward III. prescribes, that tliose elected siiall bo " f/e elcyanllorilms rersonia,'" who are to ap})e;)r personally, and without excuse, on the fii-st dav. This term is here used for the first and last time. Anotlier variety isadoj)ted in the AV^rit 3G Edward HI., iviiich commands the election of Kniglits, " de discretioril)US, melioribus et validioriliis.'''' The Writ of 44 Edward III., directs that there shall be ciiosen two Knights, " gladiis cincti et in armis ct actubiis arniorum marjis probati et cir- cumspecti et discreti, durante ParUamcnto contimie moraturi, plenam et suffi- cientem potestatem ab ipsis Communitatibus habentes ad consulendum et consentiendum hiis qua> per nos, et I'rajlatos, Magnates et Proceres, fieri et ordinari contigei-it, favente Domino." On complaint made by the People that Sheriffs and other unfitting Per- sons were elected Knights, an Ordinance made, 4G I^dward III., to rectify such abuses, directs that " Nul Home de Ley pursuent busoignes en la Courte le Hoy, ne Viscount pur le temps que 11 est Viscount, soient retournez, neacceptez Chivalers des Countees, ne que ces qui soient Gentz de Ley et Viscountz ore retournez au Parlement aient Gagez." In the 47th Edward III., the form is again altered, and prescribes the Election of Two Kniglits, &c., " sen Armigcri digniores et probiores ct in aclibus armorum magis expertis, &c." and two Citizens, &c., " qui in navigio ct exercitio mercandisarum notitiain habeant meliorem.'''' " Nolumus autem quod tu, seu aliquis alius Vicecomes, aut aliquis alterius conditionis quara superius specificatur, aliquanter sit electus." In a Parliament, 7 Richard II., Thomas de Camoys, a Baronet, or Baron of Parliament, and who had been summoned by Writ to this and other Par- liaments as such, being elected a Knight of the Shire, a new Writ is issued by the King for another Election. (?«) A Clause is inserted in tlie Wi-its of 11 Richard II, for the Edection of two Knights, " in Debatis modernis magis indifferentes,'" but before the Election is made, it is superseded and revoked, by advice of tlie King's Council. Hence it appears, that though the King may advise and command the Election of two of the best, wisest, most discreet, fit, most elegant and able Knights, Citizens, and Burgesses, and those most able to take pains ; and likewise prohibit the election of maintainors of Quarrels and false Suits, persons of ill fame, living by maintenance and dishonest gain. Sheriffs of Counties, practising Lawyers, Barons of the Realm, and other unfittino- Persons for public Services, yet he ought not to insist upon any new Qua- lifications, or Restraints, in his Writs, contrary to the ancient and usual form, liberty and freedom of the People's Elections. In 5 Henry IV., a new Clause was, however, introduced, prohibitincr ^' all Apprentices, or any other Men of the Laio, to be elected,'" as well as ihc Sheriffs. The probable object of which Clause was to exclude practising Lawyers, who, it was found, could not duly attend the service of the House, and thus neglected the business of the Parliament and Kingdom, (a) The Writ of 8 Henry VI. directs that only Knights " gladiis cincti, magis idonei, &c., et similiter in eisdem Comitatibus commorantes et residentes" should be elected. A power is given to the Justices at Assizes to take inquisition as to Persons returned contrary to this Ordinance, and Sheriffs making im- proper Returns ai-e fined £100. (w) SeePrynne, ii., 119, who gives eviilence of the meaning of Ihe word from the " Hujusmodi Baronetti " of the Writ itself, and the authority of Selden. It is to be remarked, however, that the Writ as given in the Lords' Report, App. iv., 707, has the words " Banerettus," and " Hujusmodi Baneretti." It appears, 1, 223, that the Lords' Committees have never been able to ascertain the precise meaning of the term Banerettus. (x) " Nee Apprenticius aut aliquis alius Homo ad Legem aliqualiter sit electus," or as Walsingham's Hist. Anglis, p. 414, explains it, " qui in Jure Kegni docti fuisseiit aut Apprenticii, sed tales omnino quos constat ignorare cujusque Juris Methodum." XXIV. INTRODUCTION. In consequence of a Petition of the Commons, a new Statute is mnde, 23 Henry VI , restricting the qiinlities, abilities, and siilliciencies of Knights, so as to prevent the Election of Persons of mean quality an i estates, "whicli the vulvar rabble of Peoj)le in these levelling times were over much inclined to." In all succeeding Parliaments of Henry VI, and Edward IV., the Writ directs the Election of " Milites nolabiles, sen sallem notahiles Armigeri, hominesve generosi de natu, eorundem Comitatuum, qui habiles sunt milites fieri, et nullus Homo de gradu valeilcB, et gradu inferiori de esse ndu milites hujusmodi, existant." (g) It appears that from 7 to 33 Henry VI., there was a strong desire to elect few or none but Yeonien or Gentlemen of mean and inferior Rank, as Knights, Citizens, and Iku-gesses. From Edward IV., to the last Parliament of King Charles, the Writs continued nearly alike. It may be remarked generally as to the Qualifications of Members, that, according to the ancient Constitution of England, no Persons ought to be elected Knights, Citizens, Burgess.^s, or Barons, but such as are real actual Members of the respective Counties, Cities, Eoroughs, or I'orts, residing and inhabiting within them, as the Clause in every Writ " de Comitatu," " de qualibet Civitate, Eurgo, Portu,"incontestablv prove, and the Statutes, 7 Henry IV., c. 15, 1 Henry V., c. 1, 10 Henry"VI., c. 2, 23 Henry VI., c. 15, declaratory only in this point, precisely enact, and that if any others ai'e chosen, they might lawfully refuse to sit or serve, and theii' election be made null and void. According to the same Constitution, on the iniiversal limitation, " de discretioribus et ad laborandum potioribus, &c. <^:c.," all Infmts, Ideots, liUnatics, Infirm, Aged, and Sick, or otherwise incapacitated, might b^ dis- charged bg the King, and other Elections be made by his command. (28 Ed- ward I.) It appears also (5 Edward II.) that in case of departure of the Commons from their Parliamentar^v duties, without the King's License, he had, in case of their inability, or refusal to attend, the power to command the Election of other fit Persons in their place, liy (j Edward II., the Commons could neither prorogue, adjourn themselves, nor depart without such license, which was entered upon llecord. A Penalty was also imposed upon such as returned not on the day tixed bg the King. There are many Statutes regulatnig the Elections of Knights, Citizens, and Burgesses. From 49 Henry III, to 26 Edward III, the "Writs generally direct the Sheriff's to cause to be elected and appear, two Knights, two Citizens, &c., with surficient power. In this latter year, the words, "de assensu ejusdem Comitatus," and " de assensu ejusdem Civitatis,'" are added. The Writs for the County are now directed to the Sheriff's, but those for the Election of Citizens and Burgesses, to the Mayors, Sheriffs, or Bailiff's of each City and Borough, and not as formerly to the Sh^n-iffs. Those to whom the Writs are directed, being required to certify the day upon which, and the persons from whom, they were received. In 34 Edw. Ill, the AVrits direct that the Knights shall be chosen "in pleno Comitatu." In all the Writs of llichai'd II. is inserted the new Clause " in pleno Comi- tatu tuo de communi assensu ejusdem," in a full County Court by common assent of the County, and not by nomination of the King or others. In 7 Hen. IV., aii Act is made for regulating the former abuses in the elections of Kniglits of the Shire, (see here p. 165) and the like form of Writs prevailed to 8 Hen. IV., c. 7j when the Statute concerning Elections was made. (y) By Valectus or Vallcttus Prynnc understands Ksqnircs or Contlemen next in degree to Knights, not their Pages or Valets, VI , 57 ; see also Seidell's Titles of Honour, p. 831-2. INTHODUCTION. XXV. 1(1 ITenrv VI. A niemnrable 'Writ is issued in consequence of a disovderly Election ot" the Knifrhts for the Count}' of Cambridge, stating that " per ipsuni Dominuni Kegem de avisamento et assensu eorundem lX)niinorum Spiritualium et Teniporalium consi^ieratum fuit tunc ibidem, &c. &c.," that new Writs should issue for a fresh Klectioii. From which Writ tlie follow- ing conclusions may be drawn. (1) That the Sheriff might refuse to proceed to the Election, in case any Soldiers, or other arm d Persons, resort to dis- turb the Election. (2) Tliut the Kiiu/ uiid Lords were the sole .Judges of Elections and Iteturns, and gave Orders for new \\'rits. (.'i) That the Sheriff was authorised to Proclaim ngainst Persons disturbing the King's Peace, and had power to imprison for such Offence. In consequence of divers Ivnights, Citizens, and Burgesses, returned and accejited without due or free Elections, 3!! Henry VI., by virtue of the King's Letters of Privy Seal, all the j\cts of this Parliament were repealed and made void in the Parliament following, 39 Heni-y VI. It has been genei-ally supposed, that the Electors of the Knights of the Shire were always the Suitors in the County Courts. That, at which the Elections afterwards took place, was the Court Baron of the County, distin- guished from the Sheriff's Turn, at wliichall Besiants were bound to a])pear. The Suitors of the County Court Baron, were all Freeholders, and were bound to appear personally every tliree weeks. The Statute of 3Ierton, 20 Henry III., empowered them to make Attornies to do their Suits for them in the Courts to which they owed Suit. These Attornies were not constituted IMembers of the County Court as a Court of Justice, though, in after times, some great men concurred, by their Attornies, in the Election of the Knights of the Shtre, as Suitors of the Court, (z) To the County Court, as the King's Court Baron, the persons owing Suit should be the King's immediate Tenants, the Barons, as synonimous with Freeholders. This would exclude all the Tenants of INIesne I^ords. The Tenants in Chief of the Crown were, probably, at one time, the only Suitors, or, at least, the sole Electors of the Knights of the Shire. In Cities and Boroughs, the subsequent practice demonstrates, that there was no sys- tematic qualification of Electors established by I^aw. All l-^reeholdei-s probably had not, under Edward I., the right of electing Bepresentatives in Parliament. Some Freeholders certainly had such power, and the Free- holders of Cities and Boroughs within the several Shires, if owing Suit to the County Courts, may have concurred in these Elections. For the bodv of the I^aity, in those Counties in which Taxes were usually imposed, some Freeholders of the Counties elected Bepresentatives for the whole. For certain Cities and Boroughs, Bepresentatives were elected by certain per- sons, accoi'ding to their various and incongruous constitutions, reducible to no system, and depending principally upon custom and the terms of Charters. In some Cases, the Freeholders in Burgage Tenure returned IMembers ; in others, the Inhabitants at large; in others, both; in others, all the IMem- bers of the Corporation ; in others, some only ; in others. Freeholders in Burgage, with other Electors. That the Knights of Shires, 1 Edward III., were elected in the County Court, appears from a Return of the Sheriff of Sussex, that fi'om the time of the receipt of the Writ to the first day of the Sessions, no County Court had been iield, and therefore no Election could be made ; and from various other similar instances. Under this King, the Knights made grants for themselves and the Com- mons of the Land, which seems to import that the Knights and Commons for whom thev granted, were either Tenants in Chief of t!ie Crown, or Tenants of such' Tenants in Chief, and not of anv Prelate, Earl, or Baron. The Election of such Knights ought, therefore, to have been by Tenants in (x) See the Lords' Report passim. XXVI. INTRODUCTION. Chief, and not by their Tenants, to the exclusion of those of Prelates, Earls and Barons. In the 5!)tli Edward III., the Commons petition that the Knights should be elected by comm m election, " de les INIeilleurs Gentz" of Counties. The King wills " that they shall be elected by common assent of the whole County ;" which seems to im])ort, that all the Freeholders, Suitors to the County Court, shall be the Electors. At length, the Knights were elected by all the Freeholders of the County, whether holding in chief of the Crown, or of others. The Commons would not pi-opose to charge with the expences of Representatives of Counties, those who had no voice in the Election of such Representatives. No other princijde occurs, on which the usage of Election of Knights of the Shire, commenced subsequently to the Charter of John, can have been founded, but that those who were the Electors, were the persons Avho ought to pay the elected. It does not any where appear, that Tenants by Copy of Court Roll, ever voted in the Election of Knights of the Shire. In endeavouring to ascertain who were the Electors of the Citizens and Burgesses, in the earlier periods of our Constitutional Histoiy, the only available soui'ces of accurate information are the Returns of the Sheriffs of the several Counties, as well before as after the 2Gth Edward III, According to such Returns, the election for Southampton, 1 Edward III., was by the Mayor, Bailiffs and other Co-Burgesses ; and for Ipswich, by the Bailiffs and Commvmity. In his 2nd year, the Burgesses of Derby were the Electors for this Borough. In his 31st, the Bailiffs and Community, by assent of the " Villa," make the election for Yarmouth ; and, a. r. 30, the conmiunitv of the Villa, Scardeburgh, Yorkshire, elect two persons as their " Attornati." («) Before the Statute, 23 Henry VI., it was the custom to elect the Knights, Citizens, and Burgesses, on the same day, in the Comity Court, by Suitors, or others, resorting to it. Four or Five Citizens or Burgesses, whei-eof the Mayor, Bailiffs, or Chief Officer, formed a part, were sent from evei\v City or Borough to the County Court, there to elect the Citizens and Burgesses, so soon as the Knights were chosen, which was often done, by the same in- dividuals ; and to return the Knights, Citizens, and Burgesses, for the whole County, in one Indenture. In the 7th and 8th Heni-y IV., on a petition of the Commons, provision was made concerning the Election of Knights, by which, it was apparently intended, that the Election should be by alL the Suitors at the County Court, " au fin que les suificiantes persones Inhabitantz en le dit Countie y puissent etre pour faire election." This Statute seems to have been in affirmance of prior general usage, and is the First declaring who should be Electors. "All who should ba present at the time of Proclamation in full County, as well Suitors duly summoned for any cause, as others, should attend the election of their Knights, and those in the County should go to the Election freely and indifferently, notwithstanding any ju'ayer or com- mand to the contrary." The Special returns for various Counties, Cities and Boroughs which have been collected by Prynne, furnish much valuable information, especially as to who were the Electors, in these instances, at the respective j)eriods. A. R. 8 Henry IV. The Knights and Burgesses for the Counties and Towns of Cambridge and Huntingdon were severally elected at the same time and j)lace. Twelve Persons elect the Knights for the County, and the Burgesses for the Town of Cambridge; and Eight make the election for the County and Town of Huntingdon. The same form occurs a. b. 12. (a) With regard to the numbers thus returning, it appears that after the Statutes 7 Hen. IV. c. 15, aiul 11 ficn. IV., c. 1, the Forms of Returns were altered and made by Indentures, wherein the names of the Knij^hts elected and of their Electors were returned, some inserting more, some fewer names of the Electors, with a general Clause for the Rest. See Prynne ii. 127. INTRODUCTION. XXVll. The Election for Rridgenorth (Slirops.), a. n. 8, is by Ten Persons, before tlie Sheriff of the County, and the Bailiffs and other Burgesses. A. R. 8 and 12. The jNlavor and Three other Persons elect the Burgesses for Bath. A. R. 11. The Election for Leominster is by the Burgesses and Commu- nitas ; for Reading, by the .Mayor and all the Burgesses; for AVallingford, by the JNIayor and all the Burgesses; and the Indenture is signed by Eleven persons. A. H. 12. Twelve persons elect Knights for the County of Kent, and the same individuals, at the same time, elect Citizens for Canterbui-y and Kochester. The election for Derby is by Six persons, and "many others of the Community." A. R. 13. Seven Attornies of the Archbishop of York, sundry Nobles, and sotne Ladies, annual Suitors to the County Court, held every six weeks, are the Sole Electors of the Knights. The Elections of Knights, Citizens and Burgesses, vmder Henry V., were made together in the County Court of the Shire, on the same da}^ by the same persons, and the names were generally returned in One Indenture, by the Sheriff: In the ist Henry V., a Statute is made on Petition of the Commons, that the Knights elected should be Resident, and that the Election should be by the Knights, Esquires and Commons of the Counties, and not otherwise; in presence of the Sheriff, and not by Vote, Assent or (Commission of those absent; and that the Election for Cities and Boroughs should be by Citizens and Burgesses, llesident and Enfranchised in such Cities and Boroughs, and by no others-" In this year, at a full County Court held at Wilton, Twenty-Six persons chose the Knights for the County, and the same individuals elected Two Citizens respectively for New Sarum, Old Sarum, Wilton, Devizes, jMalmes- bury, jMarlborough and Calne. A. R. 2. Eight Attorn ies of Seven Lords and one Lady, suitors at the County Court, are the Sole Electors of the Knights for Yorkshire. At the County Court of Cumbei'land, held at Carlisle, Fourteen Persons elect the Knights of the Shire, and the Mayor, Bailiff and Nine Citizens, elect two Citizens for Carlisle. As there was no Borough in the Country, no Burgesses could be returned. Sixteen Electors, "ex assensu totius Comitatus," chose the Knights for Somersetshire; and at the same time, the same persons elected the Citizens for various places in the County, according to the following proportion. The Mayor and Three Citizens elected two Citizens for Bath. Four Citizens elected the IMembers for Wells, and the same number, those for Bridgewater and Taunton. In the County Court of Kent, held at Rochester, Four Coroners and Eight others present, chose the Knights for the County, and the same per- sons elect two Citizens for Canterbury, and two for Rochester. In Surrey and Sussex, the Knights, Citizens and Burgesses ai'e elected in the County Courts. Nineteen persons are the Electors for the County of Surrey, for Guild- ford, Southwark, Ryegate and Blechingley. Twenty-Four persons choose the Knights for Sussex, and also the Citizens and Burgesses for Chichester, JNIidhurst, Horsham, Shoreham, Lewes, Grinstead. Twenty-Four Electors return the Kniglits for the Counties of Dorset and Somerset, in the Count}" Courts. On the same day, Four of the above per- sons elect Burgesses respectively for Dorchestei", Bridport, Shaftesbury, Wareham, Weymouth, INIelcombe, Lyme. The same practice held in the years, 3, 5, 8 and 9 of this King. XXVUl. INTRODUCTION. Eleven Perions, and " many others," elected for the County and Borough of Warwick, and made a Keturii, by one Indentuie. Tlie ]Mayor and Tliirteen others were the Electors for the City of York, and the i\Iayor and Eleven persons, for Hereford. At Yarmouth, the Election took place in the presence of Four Electors, who put their Seals to the Indenture. The IMayor and Nineteen elected the Members for Lincoln, m the pre- sence of othei"s, "tide dignos." In the years 1, 2, 3, 5, 8, and 9, Henry Y., the election for Oxford was by the Mayor, Aldermen, EailiUs, and whole Community of the "Yilla." For the County of Wilts, Knights, Citizens, and Burgesses, were jointly elected and returned. In the 3rd Henry Y., a considerable portion of the Freeholders of many Counties were, according to usage, exempfcd from the burthens of wages of Knights of the Shire, and therefore ceased to be Electors. No Laws were however made on the subject of M'ages. Neither were any Regulations made on this subject, even on the subsequent incorporation of Wales with England, by Henry Ylil. A. R. 5 Henry Y. The jNEayor and Three Citizens were the Electors for Bath ; Seven, with the consent and assent of their Co-Citizens, for Walling- ford ; the INIayor and Eleven others for EI ereford, and Twelve Burgesses for Bedford. AS- R. 8 and 9. The Attornies only of Nobles and iwf/ifs, and Knights' Suitors, made the election for Yorkshire, and sealed tlie Indentures. In the years I, 2, 3, 5, 7, 13, 2((, 27, 2«, 2.0, 33, of Henry YL, the form of Election for Bath continued as in 5th Henry Y. In the years, Henry YL, 1, 2, 3, 5, 7> the Attornies only of Nobles, Barons, Lords, and Ladies, and Knights' Suitors, made the election of Knights in the County Court of Yorkshire, and sealed the Indentures. A. R. 2. Eighteen Electors, in full County Court, with other " j)robi et ligei" of the County of Lancaster, elected the Knights ; and as no Cities or Boroughs of this Comity ever sent Members, no returns were made of such. Annis r. 7, 20, 2!), 29. A Similar Indenture had the addition, "Nunquam ante hoc tempus propter eorum paupertatem (inopiam) et debiiitatem venire solebant." A. R. 7. Twelve Burgesses elected for Huntingdon. Annis, 20, 25, 29, 38. Tlie Knights and Citizens for the County of Kent were elected at the same time. Annis, 8 and 10, Henry YL A Statute directs that the Knights of the Shires shall be elected by Forty Shilling Resident Freeholders; and, a. r. 23, the Sheritf is commanded to send to the proper Officers of Cities and Bo- roughs, that the Election should be made by the Citizens and Burgesses, but who were such is lett to usage, when not regulated by Charters of the Crown. A. R. 25. In Yorkshire, the form and manner of election was changed. The Election and Itcturn were made and sealed by the Freeholders of the County, and not only l>y Noblemen, Ladies, and their ^Vttornies. Forty-one Electors of this County, " libere et indilferenter eligerunt duos IMilites magis idoneos et discretos ejusdem Comitatus ;" and the same j)ractice obtained annis 27, 28, 29, and 33. Thirty -one Electors chose the Representatives for the County and Borough of Gloucester. Twenty-one, Esquires "et Gencrosi," elected for Sussex Two "Armigeros Notabiles," who hacl most votes among those who had 40s. freehold per annvnn. Thirty persons assembled at CJuilford in full Shire, elected two Knights for Surrey, to do and consent to such things as should be ordained. The Mayor and 'I'en others elected the Hurgesses for Bedfoixl ; and the ]\Iayor, Bailiil's, and Thirteen others for Cambridge. JNTROUUCTIOiSr, XXIX. A. n. 25. The ?.Iayor and Two ]>iulHFs, of common assent, elected two ^lenibei's for Noruiaui])ton. Two Coroners, tlie Custos, and twentv-foiir Citizens, for Norwich. Tliirtv-tive " Probes llommes" for iS'ewcasile-n))on- Tyne. The j\Ia_vor, two others, and the v.'hole Community for Oxford. Four l^lectors for Wycombe. The iMayor and Community of liurgesses, for New ^\'indsor. A. 11. 27. Twenty-nine Electors, elected Knights for the County of Devon, and the same individuals, at the same time, chose the ^Members for Seven Cities and Boroughs. A similar jjractice obtained in the years, 2!), 2!>, 33. Two ^Members are returned as elected for Grimsbv (I^incolnshire) bv two Eailiifs. A. 11. 28. Twenty- three persons, present at the Proclamation by the Shei-ilfin the County Court of Nortiuimberland, elected Two Knights, who themselves voted for their own Election* Two Bailiff's, in the presence of Seven Burgesses, elected the IMembers for Dunwich ; and Two Bailiffs deliver to the Sheriff of Gloucester the names of two Burgesses, elected by Twelve other Burgesses. Two Bailiffs cause to be elected, in the presence of Fourteen Electors and other llesident Bui'gesses, two Burgesses for Ipswich. A. R. 2!J. The jNIayor and Bailiffs, with the assent of the whole community, elected the jMembers for I'ortsmouth ; and Fourteen Electors, those for "Worcester. One Knight, tw'o Esquires and two others, "et alii notabiles armigeri, generosi et homines libere tenentes qui expendere possunt 40 solidos per ann., \c., prout patet in quadam certiffcatione," elected two "notabiles Annigeros infra Comitatum commoi-antes et residentes," for Cambridgesiiire and Huntingdonshire. The Indenture was signed by the Sheriff' and Four other persons. A Declaration, signed by 124 Freeholders, complaining of a false return by the Sheriff' of Huntingdonshire was also sent to the King. A. R. 33. Six Burgesses are the Electors for Colchester. Four Burgesses, by assent of the rest, elected the Burgesses of every Borough in Dorset- shire, and returned them by a joint Indenture. Six Burgesses elected the Members for jNIaldon. A. R. 3!J. The jVIayor and Bailiffs and Twelve others made the Election for Chichester. Fifteen, for Nottingham. Five, and many others dwelling and residing in the Borough, for Guildford. Twentv-five for KingstLU-uiJon- HuU. (6) ' ' ' These instances, to which many others may be added, are sufficient to shew the manner and form of Elections even in those periods of our history when the Constitution of the I^egislative Assemblies is generally supposed to have been established on a regular and secure basis. The period of the Tudors and Stuarts will not be selected as more perfect examples of con- stitutional integrity in this respect, though the abuses which sprung up under their government, gave rise to arrangements more legitimate, and less caj)able of violation. If Representation was only the result of the precept, 49 Henry III., to the Sheriffs, " Quod venire facias duos Milites sing, com., &c.," and after- (b) The form of Election for the Borough of Lynn Regis in the years 11 and 15 Hen. VI., is preserved in their Hall Books, which record Portions of the Proceedings of the Corporation of that Borough from the year 1430 to 1731. On June 17. 1433,11 Henry V!., "The King's Writ was publicly read for electing Members of Parliament : and for electing them, the Mayor called two of the Twenty Four, and two of the Common Council, which Four chose two more of the Twenty Four, and two of the Common Council, and these chose Four others, who all unanimously chose John Waterden and Thomas Spicer to be Burgesses in Parliament." Again, Jan. 7, 1437, lo Henry VI., Two of the Twenty Four and Two of the Council were called by the Mayor, by the Assent of the whole Congregation, who called two others, who called two more, and these Eight called Two, and these Ten called Two, which Twelve were charged, being sworn according to custom to pre.'.erve the liberty of the Town, to choose Two Burgesses for the Borough of Lyn, to go to the Parliament on the 21st day of January next ensuing, to be held at Cambridge or London. See Archteoiogia, Vol. .itxiv, 1332. XXX. INTRODUCTION. wards of Edward I., "Quod eligi facias, &c., de dicto Comitatu," it is not surprising that a great variety should obtain in the practice of different Counties, in the selection of Cities and Boroughs, in the manner of Election, or in the Levy of Wages. The difficulty which prevails with regard to the character of the Electors, exists in no less a degree as to the pi-inciple adopted in the selection of such Cities and Boroughs, as were to send Representatives. Those which are named in the Writs of the 49 Henry III., the Cities of York and liincoln, and the Cinque Ports, held immediately of the King, as did also the places required to send in the 11th Edward I., except Chester, of which the King then held the Earldom in his own hands, and Chester held of the Earl. Edward seemed, even in his 23d year, to exercise a discretionary'' power in issuing AV'rits for Cities and Borou{^lis. After the Charter granted in his 25th year, the Convention of Knights, Citizens and Burgesses became a necessary measure, whenever the Crown required an Aid, but the principles by whicii the Cities and Boroughs were selected, is involved in great obscurity. According to Prynne, the whole number of Cities, Boroughs and Ports to which Writs were issued under Edward I., II., III., Richard II., Henry IV., v., VI., and Edward IV., was but 170. Some of these made no return, and had no second AVrits, thus reducing the number to ICl. Many of them returned but once, others only four or live times, others, again, after a long discontinuance. New Boroughs received Writs and returned under Edward II. and III., Heni-y VL, Edward IV. ; and after his time, new Boroughs, though poor and inconsiderable, were set up by later returns, "by the practices of Sheriffs or ambitious gentlemen, not by prescription or Charter." This Author ascribes the origin of Boroughs "not to custom or pre- scription, nor the Charters of Kings, but to the Sheriff's Precepts directed to such Cities and Boroughs as they thought meet, by the authority granted under the general Clause in the King's Writs of Summons, each Sheriff using an arbiti-ary power in the execution of the Clause, according to his judgment, or his affections of favour, partiality, malice, or the solicit- ations of Boroughs or Competitors." Hence it happened that some Sheriffs returned more than their Predecessors, others fewer. Some poor Boroughs refused to make any election by reason of their poverty, inability, or as having no fit persons to elect, or any who would serve. Others constantly sent, except under peculiar circumstances. Others were constrained to send Members against their will, and made complaint to the King, who relieved them of the charge and trouble. Others again were discharged by the Sheriffs, or at their own desire obtained temporary or perpetual exemptions, from the King; and thus lost their privilege. That the Sheriffs, erected, nominated, returned, omitted, discontinued, revived, and re-continued Boroughs, according to their own will and pleasure, seems evident from tlie returns for Lancaster. Under the Three first Edwards, thirteen Sheriffs returned ^Members thirteen times for Lancaster, and six times for Preston; and j^et, in twenty-six intervening years, other Sheriffs make the return, " Non est aliqua Civis neque Burgus in Balliva mea," or none that could send, " propter paupertatem ;" or, again, none, " qui ad ali([ua Parliamenta retroactis temporibus venire consueverunt." In 2G Edward I., the Sheriff for Bucks returns, " Nulli sunt Cives, &c.," yet in 2H Edward I., two Burgesses each are returned for Amershani, \V^ycom])e and AVendover. Tiie Sheriffs' frequent Retvu-n, "non est alia Civitasvel Burgusin Comitatu," though, in Parliaments immediately follow- in", Returns are made from other Boroughs in the same County, indicates either such exclusive Power on tlic part of the Sheriff, or that such Cities or Boroughs were, in consetpience, perhajjs, of such defective Return, INTRODUCTION. XXXI. created by Special Patents or by direction of the King, near the year of the last lleturn. That some Cities or Boroughs, which appear in subsequent lleturns, were often omitted from the mere carelessness of the Sheriffs, is made evident from the Statutes, 5 llichard II., Pari. 2, c. 2, for punishing Slieriffs who leave out Cities and Boroughs which are bound, and of old times wont, to send Members; and from Statute, 22 Henry VI., c. 15. The same omission occurred from the default of such Cities and Boroughs themselves, in not demanding "Warrants, or in not electing and returning Burgesses upon the issue of the Sheriff's AVari'ants; in consequence ot which neglect, the lleturn was, " Nullum mihi dederunt llesponsum." It has been stated that several Boroughs, by direction of the Sheriff, or under other influence, returned Burgesses three or four times, very much against their wills and desires, and never elected or returned any afterwards. Such appears to have been the case in the frequently cited case of the Borough of Chining Torington, Devon, though their claim of exemption was not as complete as it was then represented by themselves. In 42 ¥A\v. III., they urged by Petition to the King, " That they ought not to be so burdened with sending men, neither did they send any before the 21st of his Reign, when the Sheriff maliciously returned into the Chancery, that the said Town was a Borough, and so, from that year, by Pretext of the said Return, the Toivn had been many times put to great pains and expenses, to their 7io small grievance and damage, and manifest impoverishing." Upon this Petition, the King granted them an exemption by Patent. It may, however, be remark- ed, that whatever might be the Power or Malice of the Sheriff in the year 21, this Borough had, in fact, sent Burgesses to 17 Parliaments before'that year, though in the three immediately preceding, 17, 19 and 20 Edward III., the lleturn had been "Ballivi nullum llesponsum dederunt." From 21 to 42 Edward III., they had also sent Bui-gesses to 11 Parliaments. Notwith- standing these Precedents the Patent of Exemption was granted, and not- withstanding this Patent, they were obliged to send Burgesses, annis 43, and 45 Edward III. After which they never elected or returned any INIembers. Some ancient Boroughs and Ports, which never sent above once or twice, or very rarely, have, after a discontinuance of one or two hundred years, a term which entirely subverted their claim of Prescription, or " Custom time out of mind," (the supposed Title of most ancient Parliamentary Boroughs sending ]Members) been i-evived and erected, either by Special Charters, creating them Boroughs, by the general Clause in the Sheriff's AVrit, or, in later times, by the mere Order of the Commons, without the previous or concurrent assent of the King or Lords. The poor and decayed Boroughs, as they are called, of Cornwall, Devon, "Wilts, Hants, Sussex, &c., which were so denominated even in the time of the liong Parliament, the Commonwealth, and of Charles II., have been erected at very diffei-ent periods. The Cornish Boroughs, liaunceston, Leskard, Truro, Bodmin, Helston, and Tregony, first returned Members in 23 Edward I. ; Lostwithiel, 33 Edward I. ;" Ea'stlow and Fowey, 34 Ed- ward I. ; Saltash, Camelford, AVestlow, Grampound, Bossiney, St." Michael, Newport, 6 Edward YI. ; Penryn, 1 JNIary ; St. Ives, 4 and 5 Philip and Mary; St. German's and St. Mawes, 5 Elizabeth ; Kellington, 27 Elizabeth. Of the Cities and Boroughs of Devon, Exeter, Totness, Barnstaple, Plympton, Tavestock, returned Bui-gesses 23 Edward I.; Plymouth, Ash- burton, Dartmouth, 2G Edward I. ; Okehampton and Honyton, 28 Edward I.; Beeralston, 27 Elizabeth ; Tiverton, 18 Jac. In the County of Wilts, Old Sarum returned Burgesses 23 Edward I., then intermitted till 34 Edward III., since which it has constantly sent. New Sarum has sent ever since 23 Edward I. Wilton continued to send from 23 Edward I. Downton returned Members from 23 Edward I. to 38 XXXn. INTRODUCTION. Edward III., and except 1 Henry V., ceased till 20 Henry VT. The first Return for Ilindon is 27 Henry VI., no answer having been made to a Precept 7 Hichard II. Heytesbury and IVestbury fii-st made Returns 27 or 28 Henry VI. Cahie returned liurgesses under Kdwai'd I., but except 1 Edward II., and 34, '^G, Edward III.,intei-mitted till 2 Richard II. Devizes sent jNIembers to the Parliaments of Edward I-, I)ut made only four Returns, 1, 8, 8, 1<» Edward II. till 4 Edward III. Chippenham, after Edward I., sent only to 2 of Edward the Second's Parliaments, and to 4 of Edward III., and then intermitted till Richard II,, and again ceased sending 12 Richard II., till 1 Henry VI. ]\Talmsbury sent ?»Iembers ab origine. Cricklade sent Members to tlie Parliaments of Edward I., but afterwards only 20 Edward II,. and to eight Parliaments of Edward III., and after Richard II., (except I Henry IV., and 1, 2, and 9, of Henry V.) ceased sending till Henry VI. Great Bedwin and LngershaU sent to all Edward the First's Parliaments, to 1 andSEdward II., 36, 37, Edward III., and sevenParliaments of Richard II; but atler his 10th year intermitted (except 1 Henry IV.) till 9 Henry V. Wotten Bassett first sent 25 Henry VI. Marlborough sent ab origine. No precise account can be given of the causes of these varieties and inter- missions. They must be sought in some of the particular accidents which have been already assigned as the sources of the existing constitution of the Leo'islative Body. The inevitable conclusion, however, which results from this inquiry, is, that the presence of Representatives of the People was in those days considered very immaterial, and that the People themselves used their best exertions to escape fi-om the burden and charges of Representation, while they placed a voluntary confidence in the discretion and judgment of the Sovereign, and his selected or hereditary Counsellors. Since the Statutes 4 Richard II., 1 Henry V., 23 Henry VI., no Sheriffs, by Aartue of the King's "Writ, can erect, or enable any newly created, or long discontinued Borough to choose and return Burgesses, whatever they anciently did. The Statutes of 27, 34, 35, Henry VIIL, declare, that they can only be created and revived by special Acts of Parliament. " All Boroughs," says Prynne, "which have been erected, or poor ones which have been revived since" 23 Henry VI., by Sheriff's Pi-ecepts, might justly be suppressed by ' Quo Warranto,' and ought to be disabled, as well for their disability, asthe manifold gross disorders, corruptions, and abuses, in selling their voices, by tumultuous, surreptitious, and fraudulent Elections, and false and double Retuims, which take up more time of the Commons' House, than all public business of highest concernment." One evident cause of the disinclination which prevailed, in the earlier periods of our History, to send Representatives to Parliament, was the necessity of paying the "Wages of the ^Members so returned. ]Many of the Boroucfhs being unable or unwilling to defray these Expences, either neg- lected "to answer the Sheriff's "Writ, or petitioned to be exempted from an insupportable Charge. The first "Writ for levying "Wages, "de Expensis," is coeval with the first known attendance of Knights in the Parliament, 40 Henry III. The King's Writ, tested 10 Feb., the last day of this Meeting, directs the Sheriffs to assess, by a Jury of Four lawful Knights, the reasonable ex- pences of the Representative Knights, " veniendo, morando et redeundo," so that the County, " ultra modum non gravetur;" and assigns as the reason whv such a "Writ was granted, that " iidem IMilites moram diuturniorem (luam credebant traxerint ibidem, propter ([uod non modicas fecerint Expcnsas," which it was fit the Conunonalties electing them should defray, and not themselves. Thou"-h many of the "Writs subsequent to this Period are not now extant, it a])pears from' the Clause "prout alias in casu consimili fieri consuevit," in those of 28, 29 and 33 Edward I., that lluy continued to be issued at the end of every Parliament. INTRODUCTION. XXXIII. These Writs were at first very soncral and iiulofinile, expressing neither Ihe sum to he paid, tiie names of those who were to receive payment, nor the term of their Services. In the 2!! Kdward I., the second Writs that occur, the names of the several Knights, Citizens, and Rurgesses, are sent to the Sheriils of the respective Counties; and in later Writs, the particular sums are specified, with the number of days tor which payment is to be made. In 33 Jul ward I., by Proclamation of the King, the Commons are ordered to sue forth their own Writs of Expcnces; a course which was afterwards customary at the end of every Parliament. In 35 Kdward I., the ^\''rits for Citizens and. Burgesses are addressed to the Mayors, Ijailill's, and otlier Otlicers of the respective Cities and Boroughs, and not, as before, to the Sheriils. In 2 Edward II., llie Shcritl'is commanded to return the Writ of Expences, with a Certificate of the amount levied for AVages, under his own Seal, and that of two Sworn Knights ; and the same order is made to the jMayors and Bailiffs, who are to act with two Sworn Burgesses. The Writs, 10 Edward II., first reduced the wages to a definite amount, namely to 4s. a day for every Knight of the Shire, and 2s. for every Citizen and Bui'gess, in coming, staying, and returning. 'I'he Exj)ences of each IMcmber are ascertained by a sum total, which includes the numb?r of days for which the charge was made, some ^Members being allowed more days than others, by reason of the remoteness of the different Counties, Cities, or Boroughs, from the Place where the Parliament was held. To those who lived in the immediate neighbourhood, or even in the same County, no extra days are granted, " veniendo, redeundo," and payment is awarded only for those on which they actually sat, when, together with tlieir Expences, terminated also their Privilege of Freedom from Actions and Arrest, (c) The amount of Wages, however, in cheap yeai-s, or for other reasons, sometimes varied. Thus, 17 Edward II., the Knights are ordered to receive 3s. 4d. only, and the Citizens and Burgesses 20d. ; and 18 Edward II., the former only 2s. 6d., and the latter, jnobably, 15d. Till 15 Edward III., the Knights, by Orrfer, received a higher sum than those who were not such, in the proportion, generally, of 4s. to 3s., and the King altered these Expences in a proportion answerable to their respective degrees, and not over bur- densome to the Community which paid them, {d) As the amount of wages varied according to the distance from which Members were sent, it sometimes ha])pened that the days allowed for the Journey to and fro, exceeded those of the actual Session of the Parliament. Thus, 4 Edward III., the Parliament, at AVynton, sat but eleven days, though the Knights, Citizens, and Burgesses of Cumberland, were allowed wages for twenty-seven days, of which sixteen were for the expences of their Journies. The Parliament at York, I) Edward III., sat but eight days, but the Members from Cornwall had thirty-two days granted them for Expences. In the 14th Edward III,, the Sheriffs are commanded to make a Return into the Exchequer of all Sums, levied, received, and paid as wages. In the 28th Edward III., the Commons petition concerning the Expences of Knights of Shires, on a controverted Question between the Tenants of (c) A single exception occurs 12 Edw.ird.S, «Iicn tlie Parliament sat 11 days, and 12 days arc allowed to llic Kni;;lits for Middlesex, half a day coming, and the same returning. Prynne, iv., Ifil, by some mistake has 14 days. (rf) Knights, by Order, have the addition Chivalcr, from which it appears tliat nearly half or more of those elected were only Esquires or (jentlcnien of (piahty. I'rynno, iv., 375. With few exceptions tlie Wnjjcs fur Knicrlits continued to be 4s., and for t'ilizcns and liurgesses 2s., for some centuries, even in tlie rcif;n of t'liarkM C, uoiwilhstanding tlie immense ditlercnce in the value of Money. I'rynnc is of opinion, that, in his day (IGOO) Forty bhillings were scarcely tipiivalcnl to 43. when Wages were lirst determined. / XXXIV. INTllODUCTION. Lords hoLVing by Bai'onj, and other Freeholders of Counties and their Knights, (c) In 31 Edward III., an old Clause "tarn infra Liberlates quam extra" has the addition '• Civitatibus et Burgis duntaxat exceptis," indicating that such as sent JMembers should not be doubly charged with the Exj)ences of Knights, as well as of their own Burgesses. In 51 Edward III., the Commons again petition the King as to the manner of levying their Expences, the I,ords holding by Barony, having endea- voured to extend the exemption from payment even to their Free-'i'enants and Fres holders, against former usage, which limited it to their Demesnes, Villains, or Bond Tenants. (/) It appears i'roni a l^tition of the Commons, 1 Richard II., thai all Cities and Boroughs which actually sent no Citizens and Burgesses to Parliament, (as those within the Duchy of Eancaster, Edward III. and Richard II.) did and ought to contribute to the Wages and Expences of the Knights ; more- over, that all Freeholvlers, that held not in ancient Demesne, should be charged as in former times. It appears, also, by a Law Case and Pleading, 8 Richard II, that every Village was, of right, particularly taxed towards Knights' Exjiences, unless discliarged by Prescription, or ancient Tenure under a Bishop or other Peer of the Realm, summoned to Parliament ; and that Sheriffs and their Ofiicers might legally distrain for those Expences, if not paid. (//) In the Parliament, 12 Richard II., upon Petition of the Commons, an Act was passed ibr the due levying of, and contributing to, the Expences of Knights, by all I^ands formerly contributing towards them, though after- wards coming into the hands of Lords of Parliament ; which Act ended many controversies between the Spiritual and Temporal [..ords, and their Free- hold Tenants, and the Knights of the Shire, and other Freeholders charged with Knights' Expences. In the l^arliament, 15 Richard II., the Commons petition concerning con- tributions, as well by the Free Tenants of Lands and others iniiabiting Avithin Franchises as without, who pretended P^xemption. The King refers them to the Chancellor, as Judge and Umpire in such Cases of difference. The Sheriffs, 18 Richard II., having again endeavoured to m;;ke all Bishops Copyhold and Villain Tenants, and Tenants in Ancient Demesne, contributory to the Expences of Knights, contrary to former Custom, are restrained by Special Writs of Prohibition and Supersedeas, issued out of Chancery ; and all Archdeacons and others, are prohibited to compel Clerks of Chancery that were beneficed, to contribute towards the Expences of Bishops, and the Clergy's Proxies, or Clerks in the Convocation, {h) In the Parliament 2 Henry V., the Commons of Kent, within the Gild- able, petition against the Sheriffs who levied the Knights' expenses, contrary to the ancient Custom, upon those who were exempted from any Con- tribution towards them ; by which it appears, that all Kiiights' Fees, not in the hands of the Archbishop of Canterbury or other Spiritual and Temporal Lords usually repairing to I'arliaments, ought to contribute to such ex- pences, and "that they ought to be levied equally on all such Freeholders, Lords and Tenants, according to former Custom, and not at the Sheriffs' pleasure; farther, that the King was the only proper Judge as to the Per- sons on whom they should be levied. The Commons again petition the King, 8 Henry V., that all Cities, Boroughs, Towns, Hamlets and the Resiants within them, except the Lords Spiritual and Temporal coming to Parliament, men of the Church, and (e) Seo hereafter, 1). 124. (/) A similar Petition occurs 9 Richard 2, Prynne i\'„ 335. (g) See also Pi-ynne, iv., 489-9'-'. (AJ On Clerks of Convocation, see rryiiiic, iv., 436. INTRODUCTION. XXXV. those Cities and Boroughs wliidi sent Citizens and Burgesses, sh\)uld from thencefortii for ever become Contributors to the Knights' Expcncrs. In •2'^ Henry VI., on the Commons' petition to the King, against the abuses of the Sheritls, who levied mote Expi^necs than were due, and appropriated the surplus to their own ])urposes, a Statute is made to pre- vent such misconduct in iuture. Tliere appear to have been few or no alterations in the Form, or tiie Issue of Writs or Levy of Wages, in the Reigns of Edward IV., llichard III., or Henry VII. That a similar practice obtained under Henry VIII., is evident from the Statute, (i Henry VIII., c. 18, which commands that henceforth none of the Knights, Citizens, Burgesses and Barons shall (as is the practice) depart from the Parliament, nor absent themselves from tiie same, till it be fully finished, ended, or prorogued, without License of the Speaker and Commons, "upon pain to lose all those Sums which they should have for Wages, and all Counties, &c. are clearly discharged of the said Wages." (e) It also evident from the Statute, 27 Henry VIII., c. 2(), enabling the Counties and Boroughs of Wales to elect and send Knights and Burgesses, which said Knights and others are allowed such Fees as other Knights, &c., to be levied and paid in the same form and order. So, also, 34, 35 Henry VIII., c. 13, the Statute for the County Palatine and City of Chester, directs the levy of Wages and Fees for the Knights, Citizens and Burgesses returned. It appears clearly from all the Preceding Writs, that, according to the ancient Constitution of England, no Kniglits or Burgesses were bound to serve gratuitously in the Councils or Parliaments of England; and that such Counties, Cities and Boroughs as could not, or would not pav their ^Members, might not legally make an^' election or return, and lost their Privilege of sending. It, furthermore, appears that the Knights, Citizens and Burgesses re- ceived wages only for the period of their actual attendance in Parliament, and for the time which was absolutely necessary for their i-esort to, and return from, the several Places where such Parliaments were held, and that they could not absent themselves a single day from the service of the Hottse, without Leave, in the earlier periods, from the King, and, afterwards, from the Speaker and Commons, except under a forfeiture of their Wages, and the discharge of the several Counties, &c. from the liability to such debt. The same rule applied to any delay which took place in first coming to Parliament, from whatever cause it might aris?. During Prorogations and Adjournments, Expences were allowed only for the days occupied in travelling to and fro. (k) From these Writs "de Exjjensis," we obtain very precise information as to the nature and duration of the Privilege of Parliament, as it existed under the Ancient Constitution of England. This appears to have been strictly limited by the number of days for which wages were received, and to have been precisely bounded by actual attendance, and the time required for re])airing to and retiuning from the several Councils and Parliaments. The duration of this Privilege varied, therefore, in each individual Case. This Privilege of Paidiament is a temporary immunity which our Kings granted to the IMembers of Parliament and their necessary attendants, during Parliamentary Assemblies, customarily demanded by the Speakers of the Commons at the beginning of every Parliament in behalf of them- selves and the iMembers, and then fuliy and gi-aciously granted to them by (0 See Prynne, iv., 514, 540, for Cases of Isle of Ely, and Maddingley, Cambridgeshire, where a permanent compensation is given in lieu of Wages. 9 Henry 5 ; 34-35 Henrv 8. (Ii) See 5 Richard 2, Prynne iv., 3.55; 8 Henry 4, iv.. 482-4'; 23 Henry 0, \\'., 5<27 ; G Hewry 8, iv., 11. See man V Arguments to shew the advantages which were derived from this payment of Wages. Frynnc, iv"., 6, 546, 6!5. XXXVl. INTRODUCTION. the King, as a matter of Custom and ancient Ilic'ht. The Privilt?ges asked and conceded were threefold; First, that the Commons mij^ht have free Speech, as of right and custom they have used; and for belter attending tlie public and importunate service of the House, themselves and tlieir necessary attendants might be free, botli in Person and Goods, from all Arrests and trouble, according to their ancient Privileges and Immunities. Secondly, that in any thing the Speaker should deliver in the name of the Commons, if he should commit any error, no f:\ult might be imjuited to I he Commons, &c. Thirdli/, that as oft as was nct'es^ary for his iiajtsty's Service, itc., he might have Access to his Majesty's Person. From this view of the ancient Constitution, it appears, that (1) No Privilege of Parliament can actually begin before th3 first day of the Parlia- ment's sitting, because till that very moment there is no High Court of Parliament, and Privilege is dependent on, and annexed to the Parliament.^ (2) Privilege is humbly petitioned for, de novo, at the first sitting of every Parliament, and then only, de novo, granted by the King, who, upon this occasion, has sometimes specially guarded and restricted the concession, "so that by colour of this Privilege, no man's ill doings, or not performing of duties may be covered or pretermitted," 10 Henry IV., 35 Elizabeth. (3) The Ancient Petition of the Speaker from 3 llic. II. till the present times, only prays for "Liberie en Parliament,''' and neither extends to any period betoi-e, nor after the actual existence of the Parliament, any more than Freedom of Speech does so extend. INforeover, the Writs of I'rivilegG themselves, only claim freedom from Arrest and Imprisonment for the res])ective Members of both Houses, "dum sic in Parliamentis morantur." (4) No IMember can have Privilege before he is an actual Member, and has been admitted into the House. Since 5 tliz., c. 1, and 7 Jac, c. G, no one can sit nor claim the Privilege of a Member till he has taken the Oaths of Supremacy and Allegiance. ' Privilege and the service of Parliament begin togetiier. Privilcgium dari non potest, rei qute non est. A Privilege cannot be conceded for a Parliament, which though summoned, may be pro- rogued, recalled or dissolved before it actuallv meets, as happened, 23 Ed- ward I., 11 Edward II. (/) (5) Privilege, ("proprie quod contra .lus, vel in ])ra?judicium aliorum, debet stricte interpretari, ut minus dcrogst Juri communi,") ought to begin from the King's actual concession of it to the Speaker, and expire with the dissolution. Prynne is of opinion, that, according to the ancient Constitu- tion, continued through many Iteigns, the Privilege of .Members and their domestic Servants accompanying lliem to and waiting on them during Parlia- ments, begins the very firsl'day allotted them to set out from their Houses towards the Parliament, so as to be there by the beginning of the Session ; that it continues all the time of their Ktay,'and ends with those days after the Session allowed tliem to return to their Houses, according to their several distances from Places where Parliaments are held, bounded entirely bv the days reasonably and indilllrently allotted them in their respective Writs de Expensis, for going and returning, (m) Their Expcnccs and the (J) See Prytino, iv., 629, and Sqq. for a Summary of Arguments against the extension of Tri- vilcge for 20 or 40 days before or after tlie actual sitting of Parliament, and also against a previ- ous right from the day of lilcction. Sec also p ieir)-lS. The only ground and Law for 40 days seems to have been the old and obsolete Charter of J(ihn, which does not conline the Summons to that particular number, but leaves it at large, with tlie general Restriction, "ad tcrmiuum quadraginta dicrum ad minus," which somelimcs has been (iO, TiO, 45 days: and sometimes, under urgent circumstances, ;;a or fewer days. In a Case, 2 and W Philip and Mary, it is decided in the Lords, with the advice of the Chief Jusliccs, Master of Uic Holls, Kings Serjeants and Counsel, that Privilege dops not extend 12 days after the end of the Parliament. lb. 1213-1214. (m) Sec the evidence which proves, beyond contradiction, that such was the real state of the Case, Prynne, iv.. 643.051, even from our first British Lawgiver, Uunwallo Molnuitius, who gave his Protection " in ver.iendo versus Curiam nostram, ibidem morando, et exinde versus propria redeundo," and from Ldward Confessor's "Paccm habcateundo, subsistcndo, redeundo," down to 35 Elizabeth, according to the decision of Sir Eward Coke, that no Privilege for release could be granted for a Member taken in lixccution upon a Judgment before the Parliament met, citing 2 Edward 4, Brooke, Privilege 44, Dyer, VyZ-fi, and Thorp's case, Pari 31, IL 6, but INTRODUCTION. XXXVll. term of (heir Privllof^fc of freedom from Arrest niid Imprisonment, varied, tlierel'ore, accordinjf to llie difiercnfc of times required to ajjijcar, and again to reacii their several destinations; in some cas?s many days bein^f allowed, in others, from their convenient localities, such allowance being granted "pro mora tantum," and not for any extraordinary period before, or after, the conclusion of the Session. The original ground, end, and reason of this Privilege, was not to protect Members or their Servants against just debts, suits, judgments, and exe- cutions, contrary to riglit and justice, for their own particular advantage, or to the pi'ejudice of their Creditors and Prosecutors, but merely to enable them, without hindrance and interruption, to attend and dispatch the public affairs of the Kingdom, with all possible expedition ; which otherwise might be obstructed and retarded by their absence and restraint. As the Privilege of Parliament, in all the ancient periods of our Constitution, was coincident with the grant of Wages, it is evident, that it was as precisely limited as these. The Expences and Privileges had one and the same beginning, du- ration, and determination, neither of them lasting during the vacations of Parliament, by adjournment or prorogation, or in cases of absence or de- parture from the Plouse. According to the ancient Constitution of England, upon Writs of Privi- lege or Supersedeas, brought by IMcmbers or their menial Servants out of the Cliancery or Parliament, the Judges of the King's Courts constantly judged of the Privileges of Parliament, according to Common Law and llight, without ever being questioned for it as a breacli of the Privilege or Jurisdiction of Parliament. It will, however, be remarked, that there never was any general Supersedeas or Writ of Privilege brought to the King's Courts to stay all Process of Law against Members or their Servants, by Bill, Original AVrit, or otherwise, in real or personal Actions, whei'eon their Persons Avere not arrested, even during the Session of Parliament. The only Privilege of Parliament then known, claimed, and allowed to the ]\Iembcrs, was a freedom from Arrests and Imprisonment sitting the Parliament. Such Privilege extended (1) to all Members, Assistants, and Officers of both Houses, who repair to Parliament by the King's Writs of Summons, and upon legal Elections and Returns, continually attend there till their Dissolnlion, and also during their stay, coming and returning ; (2) to all their real and necessary menial Servants, in attendance, to the end of the Sessions ; (:}) to all Persons resorting to Parliament to prosecute their just Petitions, and to their Witnesses. According to the ancient Constitution, Privilege did not belong (1) to jNIembers, Assistants, Otficers, or their menial Servants, who, through sick- ness, or their private occasions, did not discharge their trusts in Person, though they made Proxies in the Lords to supply their absence. (2) Neither did it belong to those Avho came late to the Parliaments, or afterwards de- parted from them. (3) It did not extend to their Wives, Children, Kins- men, Counsellors, Attorneys, Solicitors, Proctors, Scriveners, Factors, Physicians, or any kind of Tradesmen, not bona fide their attendant menial Servants ; therefore, not to Bailiils, Shepherds, Stewards, Grooms, Carters, cSlc, residing elsewhere upon the Estates of such IMembers; nor to any Tenants occuj)ying their I>ands or Houses. The true and genuine Privilege never extended to deny or obstruct com- mon right, justice, and legal process against any Members, or their menial Servants, either in real, personal, or mixed Actions, Demands, or Suits, whether in or out of Parliament, in other Courts of Public Justice, when their Persons were not arrested, nor their llights or Titles prejudiced by if he had been arrested " Scdente Parliamento, or eundo, redeundo or tnorando," he and every Member of the House were then to be privileged. The Judgment of the House was that he was not to have Privilege for 3 causes, chieily because he was taken neither Scdente Parliamento, nor cundo, nor redeundo, to which the Privilege was confined. XXXVni. INTRODUCTION. surprise or ciroumvenfiori, tlie King himself, the head of tlie Parliament, having no such Privilege from Public and Private Suits. It never extended to exempt any Members whatsoever of eillier House, from being prosecuted not only civilly by Petitions or Writs or Error, for their real and jiersonal Estates and Debts; and criminally for all Sorts of Oppressions, Extortions, Frauds, lliots, Sec. ice. ; but capitally, for High Treasons, Cons})iracies, INIurders, and high ^Misdemeanours. («) The Privilege of Parliament protects no INIembers, Assistants, or their Servants, sued for liands, Goods, Debts, &c., in " Auter Droit," as in right of their Wives, or as Executors, Administrators, or Trustees, or as Mayors or^INlembers only of a Corporation. It neither inhibits, nor stays, any real or mixed Actions at Law, sitting the Parliament itself, to recover iNIanors, Lands, Tenements, &c., nor pro- tects any Goods or Chattels from distress, seizure, &c., but such as are brought for necessary and personal use, without fraud or collusion, during attend.mce on public duties. Privilege extends not to the bringing or pro- secuting of any Actions of Trespass, Debt, Covenant, &c., but only to Arrests and Imprisonments by Process or Judgements in such Actions, not to Bills, Subpoenas, Quo IVIinus Citations, Attachment of Goods, or other Process ; where the Persons are not restrained, (o) It appears, that, according to ancient usage, the principal care of our Kings was to preserve the Persons of Members and their Servants from Violence, Arrests, and Imprisonments, during Parliaments, but never from just and legal Suits against them, whether real or personal, the Persons of JMembers and their Attendants being sufficiently secured by Statute, 7 Ed- ward I., and by the King's Writs and Proclamations. If any Assault was committed on Members to hinder them from discharging their dutie.s, im- peachment and severe punishment followed. 4 Edward III., 28 Henry VI. It appears, also, from numberless Precedents, that the King, by the advice of the Lords, and assisted by his Judges, was not only the sole granler of the Privileges of the Members of his Supreme Court of Parliament, but the only Interpreter and Judge in all that related to them. In the 1st of Henry IV., the Commons admit that they cannot be Judges as well as Parties, Prosecutors, Coniplainants in their own cause, and Protest that " Les Juggementz du Parlement apparteignent soulement au Hoy et as Seigneurs et nient as Connnones," which the King affirms, " Sauve qu'en Statutz affaires, ou en graimtez et subsides, ou tiels choses affaires " Even in 34 Henry VIII., the first Precedent in which the Commons attempted the enlargement of their INIembers, under peculiar circumstances, they were obliged to declare the whole Cause by their Speaker, before Sir Thomas Audley, I^ord Chancelloi", and all the Lords and Judges assembled in the Upper House, (p) (ra) .See Prynne iv., 699, for Precedents from 9 Edward 2 to 3 Car. 1. (o) See Prynne, iv., GO."), 699, for Reasons of such non exemption. See also 1198 for Precedent, 1 Mary, 2d Parliament, where the Commons specially determine that the serving of a Subpoena in case of a Member of tlie Lords' House, was no breach of Privilege. See also iv., TiO i twenty- tliree Precedents, .5 Henry 4, 71, 78 ; 8, 31, 32, 39, Henry 6: 12 Rot. 7, 20, 13, 14, 17 ; 1 Henry 7 ; 34, 30, 37, Hen. 8; It, 18, 35, Elizabeth ; 1 Jac, c. 13 ; 19 Jac. ; 4 Car. 1 ; I Car. 1 ? Remonstrance of the Lords and Commons 2 Nov., 1042, 15, 10. Car. 2; and Answers to 4 objected Precedents, 18 Edward 1 ; 8 Edward i! ; 10 Edwards. (.p) See Prynne, iv., 849. In the Edward (i, it appears from an order of the Commons, that the Speaker granted a Warrant directed to the Lord Cliancellor, to issue a Writ of Piivilege, if the Chancellor saw Cause, lb. 1200. The new proleiided Privilege to stay legal .Suits, Trials, and Executions, against Members and their Menial Servants, or their Lands and Goods, seems to have had its origin in 7 or 12 Elizabeth, and was followed up, 18 Jacobi, in an unusual, if not illegal way, by the Speaker's Letters of Inhibition directed to the Justices of Assize, not by a Writ of Supersedeas under the King's Great Seal to the .Uulges. It will bo recollected with regard to this iiuesiion of Privilege, Ihat it is not the meaning of Prynne, from whom the arguments are derived, that all misdemeanors are so exempted. On the contrary, he excepis from it only 'I'reason, Felony, I'reaches and Surely of the Peace, Judge- ments or Condcnniations in Parliament, or before election into Parliament, or at least the heginning of it 089, 097. 7C0. 756. 704. 794. 795. ml. As to breaches of Peace, see Sclden's Explanations, p. 715. INTRODUCTION. XX.XIX. I:i later times, the House of Commons took upon themselves, without the sanction of any legal ordiniince and enactment, to be the sole Judges in their own Causes, and to extend their Privileges far beyond their Sjjeaker's Petition, the King's Concessions and their ancient Boundaries ; so that few or none have been able to know or determine their abitrary, and almost boundless limits. In 13 Car. II., an important llesolution for confining Protections to menial Servants was adojjted by the Commons, and strongly recommended to the Lords; and Feb. 20, IGG'.i, a further vote of the Lords Spiritual and Temporal, requires, " that no Protections shall be granted to any Person or Persons, that are not, or shall not be their Lordships' Menials, or Persons necessarily and properly employed about their Estates:" which latter clause had never before appeared, in the Rolls, Writs of Privilege, or in the Commons' Votes. The Writs " de Expensis" supply not only precise information as to the amount of Wages paid to the several Members of the Parliaments and Councils, and as to the term of their Privilege, but they ascertain with sufficient accuracy the duration of aU those meetings in which such Writs were issued. They are generally tested on the last day of the Session. This, however, is not universally the case. The Test is sometimes on the day following, as in 35 and 43 Edward III., &c., and, if a Sunday intervenes, on the Monday following, or two days after. The Writs are sometimes several days after the Session, as in 1 Richard II., when the Parliament ended Nov. 28, and the Writs bear date Dec. 5. This sometimes arose from the circumstance, that certain ]\Iembers were detained longer than others, and that all the Writs are not extant. In the earlier Parliaments, it hap- pened occasionally, that two several Writs were issued by the King, one being on the first, the second on the last day of the Session, a fact which requires some attention. Thus, in the Parliament, 5 Edward I., there is a W^rit, tested Jan. 20, the first day of the Session, directing the Expences for those just arrived "Nuper Venientibus," and a Second Writ of March 10, ordering the same for those " qui venerunt in B^'s gi. Hilarii proximo prae- teriti." In 14 Edward I., the Test is on the day of meeting, and there is no record of a Second Writ. It has been observed, that the Writs for the same Parliament now and then differ from one another, some individuals having been detained after the rest had been dismissed. Examples of this kind occur, 27 Edward III., 12 and 20 Oct., and 28 Edward III., 20 and 22 JNIay. Notwithstanding these variations, the Rule of the Writ bounding the Session or Parliament, is the safest that can be adojjted, where no positive Record exists precisely determining tlie day ; and in numerous instances, it is the only guide v>rhich we possess. The Table of Parliaments hereunto annexed is, in the earlier Reigns, constructed entirely on this principle, {q) (q) On this Table the following remarks may be made. It is drawn up in the earlier Reigns from the Writs "de Expensis," and from the Holls. The Authority of the former is distinguished bythcLetter (W), and of the latter, by the Letters ^ K) or (D). Where the Letter D occurs, the fact of the Dissolution is accurately known ; where the letter Ris inserted, the term of the Parliamentis fixed either by the specific assignment of " the last day," orit has been ascertained from certain particulars connected with the Proceedings, as in 25 Henry 6, Rolls IL, 133. In many instances neither the Writs, nor Rolls, contain the required information. The term prescribed for the duration of the Parliament includes both the first and last days, which appears from the Writ, 1 Richard 2, to have been the customary practice. The several Sessions are constituted by the Prorogations commanded by the King, and are marked with the Numerals 1, 2, 3, 4, &c. The Adjournments, even by the King's command, did not constitute a Session, much less so those which were the Acts of the Houses themselves. It is not, however, easy to determine always which were actual Session*, constituted by Proro- gation, as the terms " adjornare " and " continuare " are used very indiscriminately, and some- times both together. The shorter Adjournments by the Houses are altogether omitted. In the later Reigns, the Rolls and Journals are the sources of information, but often disap- point our most careful inquiry. The duration of the earlier Parliaments is easily measured by Days, as there was generally Xl. INTRODUCTION. It will be observed with regard to the frequent Proro^rations, and variable duration of many of these Parliaments, that the cause was more frequently to be ascribed to uncontrollable or accidental circumstances, than to the mere arbitrary will, or indolence of the Sovereig-n. The first clear instance of two several Sessions occurs in 5 Ric. II., when on account of the Christmas Holidays, and the jNlarriage of the King, an adjournment takes place. In 7 Henry IV., again, the Festival of Easter, and the Period of Hay and Corn Harvest, are, as frequently afterwards happens, a reason for proroguing the Parliament. Even before this time, and in many of the succeeding instances of long and frequent Adjournments or Prorogations, a much more stringent necessity for such intervals of vacation, existed in the awful dispensations of Pestilence with which the Nation, and csjiecially the Cities of London and Westminster were so often afflicted. For instances of this kind see the Reigns of Edward III., Henrv VI., (2.'?), Henry VIII., (21-2G), Edward VL, Elizabeth, (5-8-9), James I., (4-iJ), and Charles II., (1-4), in whose reign occurred also the calamitous visitation of Fire. To these causes, if we add tlie frequent interruption arising from "Wars, Rebellion, Tumults, and the desires of the Parliaments themselves, it will be found that much less blame is attributable to the Sovereign than to circumstances over which he had no controul. Though the same impediments often stood in the way of holding frequent Parliaments, it is not possible in the same degree to extenuate the errors of those Sovereigns of later times, who, in breach of the existing Laws, and therefore of the Privilege of the Stibject, suiFered many years to elapse without assembling the' States of the Realm for tiie removal of Grievances and the correction of Abuses, by the establishment of new or improved Legislative Enactments. Whatever may have been the previous practice as to the holding of the King's Courts at certain stated seasons of the year, determinable by the great Festivals, it is certain that such practice as regarded Assemblies meet- ing for the purposes of liCgislation had been either in abeyance, or had deviated from its former original and customary ])urpose, when in the Charter of John, it was enacted that a Common Council of the Kingdom should be summoned according to a definite and prescribed Law. It is, however, remarkable that the" renewed Charter, 1 Henry III., altogether omits the Clauses which relate to the Constitution of the Commune Con- cilium, and it is not till the 3d of Edward the Second, that among certain Ordinances made by the Ordainers, and which were confirmed, a. r. 5, it is decreed that to remedy Delays in the Courts of Justice, the King should hold a Parliament once in every year, or twice, if there should be need. This same I-aw, "That a Parliament shall be holden every year once, more often, if necessary, is attain accorded, 4 Edward III. ; a third and fourth times, 50 Edw. III. and 1 Rich. II. These Regulations, it is evident, applied to earlier periods of the Con- stitution of England, when the business to be transacted was very limited, and was previously prepared and arranged by the King and his Council. In those times, the Commons were ciiiefly called for tlie purposes of giving their consent, and of granting Aids and Scutagcs; and if ever they were con- sulted on the Proceedings of the Parliament, considered themselves so little competent to afford advice, that, according to the practice of many Centuries, they earnestly and humbly requested the assistance of a Committee of Lords Spiritual andTemporal, declaring, upon such occasions, (7 Rich. II.) "that but n Single Session. In later times the whole term, from the first to the last day, is inclndcci, though there may have been numerous Prorogations and Adjournments, and the days actually occupied by business may have been a small portion ol'that Period. The Text itself of this Volume, upon some occasions, rcciuircs to be supplied from this Table, wliicli tliough deficient, offers, it is hoped, a more complete and accurate arrangement of the Parliaments of England than has hitherto been published. iNTiiODUcrioN. xli. it (lid not beseem them to give advice on the an^eat ad'tirs of the nition.'' With the increasing importance of the Commons, grew also tlie necessity for a longer period of sitting ; and the extension of the term of Parliaments was co-existent with the acJKnowledged requirements of tlie State. The prolongation of tiie Session, or Parliament, was then frequently conceded on the Petition of the Commons, and the Sovereign with difficulty coerced the influence which by this enlargement of their time for acting, was easily acquired by the Third Estate. To this struggle for superiority, the Nation owes all the misfortunes and miseries which resulted from the liOng Parlia- ment, when, for so many years, "a handful of tyrants" set at defiance Laws human and divine, and trampled on the Liberties and Privileges of the free born subjects of England. It will be recollected however, that the Triennial Act, IG Car. I., was an Act "to prevent the Inconveniences happening by the long Intermission of Parliaments," and notwithstanding its Preamble, which recites the Laws and Statutes for holding a Parliament at least once every year, enacts only a duration of 50 days, unless Avith the consent of either House respectively; and no intermission for a longer period than three years beyond the dissolu- tion of such Parliament: so that though the term of sitting could not be less than 50 da3^s, it might extend through the whole three years, and be followed by an interval of three years short of the space between Sept. 3 and the 2d Monday in November following. In the IGth Car. II. this Act was repealed, and a new one adopted, "That Parliaments shall not be Intermitted above Three years." By the Charter of John, it was ordained, that a Summons to attend the great Councils should be issued at least 40 days before the day of their meet- ing, and though this clause was wholly omitted in the subsequent Charters, yet the practice so introduced extended through all succeeding Reigns. There were, however, in cases of extreme necessity, some occasional ex- ceptions to this Uule. Even in 49 Henry III., the Summons to the Bishops, is but of 2G days, and of the Barons of the Cinque Ports, but of one day. Again, in 4 Edward III., the tests of the Writs are at a distance of 31 and 23 days only, with a Clause against the Pi-ecedent. (r) In 1 Henry IV., there were but 6 days between the Writs of Summons and the Parliament then to be holden. In 28 Eliz., the Writ tested 15 Sept. orders the Parlia- ment to meet on the 15th October, 30 days. In ancient times, Parliaments were frequently summoned to meet on Sunday, of which instances may be seen, 27 Edward I., (3); 2 Edwai'd II. (2); 3, 6, 7, 9, 10, 18 Edward IL; 1, 2, 3, 30, 35, 43 Edward III.; after which no Parliament appears to have been so appointed, excepting in the case of the prorogued Meeting of 5 Ilic. II. The first Record which relates to the Place of the Parliament assembling, is, 17 Edward III., when, according to the Rolls, the Prelates and Lords met in the Chambi-e Blanche, and the Commons in the Chambre de Peynte, and both afterwards united in the Chambre Blanche. These were apart- ments in the Palatial Buildings, at Westminster, which formed the principal Residence of Edward, the Confessor. According to Messrs. Brayley and Britton, tradition has even identified the Chamber where lie died as that which after generations called the Painted Chamber, by which name it is yet distinguished. In 1478, it Avas known by the appellation of St. Edward's Chamber. The Commons, however, did not continue to occupy this as their peculiar place of assembling, for, in 1352, 25 Edward III., they are Ordered to repair to the "Chapter House;" and in 1376, 50 Edwai-d lil., they meet "in their (r) The term was, howevor, generally of 50 days, and sometimes of two months. In 28 Edward 1, the Summons for the 8vcs. of St. Hilary following, is tested Sept 20, and such instances are not infrequent. xlii. INTRODUCTION. v'ontrd place, the Chapter Ilonae of the Alihey. {s) In the following year, 51 Edward III , the Parliament meets in the Painted Chamber. In 1 llich. II., The Assembly is first held in the "Chambre Blanke" of the Palace, and then in the Chambre de Peintee. In 2 Ric. II., "The House called the Chapitre, in the Great Cloister of the Abbey, is assigned to the Commons," and the Parliament meets in the Chambre de Peintee. In 18 llich. II., The Commons assemble in "the Chapter House, or Refectory." In 7 Hen. IV., The Parliament meets in the Chambre de Peintee. 3 Henry V., " The Commons go to their accustomed Place, the Freytour in the Abbey." 15 and 39 Henry VI., The Parliament meets in the "Camera depicta, jiLvla magnam Cameram Parliamenti, infra Palatium Westmonasterii." 17 Edward IV., The Parliament assembles in the "Camera dej^icta, vulgariter nuncupata, Camera Sancti Edwardi, infra Palatium." 1 Henry VII., in the "Camera communiter dicta Crucis, infra Palat. Westm.," and so in the years, 3, 4, 5, 7, 11> 12. In the year 19, in the "Camera iMagna, vulgariter dicta Crucis, juxta Capellam et Oratoria infra Pal. Westm." Under Henry VIII., the Parliament met, annis 1, 3, G, in the Painted Chamber; 31, in the "Pai'liament Chamber; "and 35, in"theHouseof I>ords," so designated for the first time. The Commons continued to occupy the Chapter House till the year 1547, when Edward VI. granted the Chapel of St. Stephen for their meetings. But though the Cities of I^ondon and Westminster were always considered the chief seat of the Parliament, yet many accidental circumstances occa- sioned its frequent removal to other Cities. During the King's necessary absence from his INIetropolis, from Wars or other causes, and under the con- stant recurrence of the Plague or other calamitous inflictions in its neigh- bourhood, they were held, as convenience recommended, or as the King's pleasure dictated, at Cambridge, Coventry, Carlisle, Gloucester, Leicester, I>incoln, Northampton, Nottingham, Oxford, Reading, New Sarum and Winchester; and at these several places the same rule for the payment of Wages, according to distance, was observed, as was so carefully adopted at London, or Westminster. (0 The first use of the word Parliament, according to Prynne, occurs in the Writ of Summons to the Cinque Ports, 49 Henry III. ; but there is one previous Record of the employment of the term in the King's Letters of Safe Conduct to the Envoys of Uewelin, to attend the meeting at Oxford, tested, 2 June, a. h. 42. It next occurs in the AVrit of Prorogation, 3 Edw. I., as "generale Pleamentum nostrum" and " eidem Pleamento." We find it, afterwards, 23 Edward I.; but all the following Writs to 28 Edward I., employ the term " Colloquium." Even this latter Writ says, " Pleamentum tenere, vobiscum speciale Colloquium et Tractatum habere." The Prologue to the Statutes of Westminster, 1,3 Edward I., and 7 Edw. I., and the Statutes of Westminster, 2, 13 Edward I., are the first Acts or Statutes which employ this term. The first Historian who applies the word Parliament to the Councils of (s) The ancient Chapter House, Westminster, according to Matthew of Westminster, was erected by Henry 3. It was very early devoted to State purposes. Soon after the Commons ceased to occupy it (IhilJ, certainly in the reign of Elizabeth, this building was used as a Hepository for the Records of the " I'our Treasuries of the E.xchequer." On an Address of the House of Lords to Queen Anne, voted 4th March, nof), the Chapter House was put into tho- rough Repair, under Sir Christopher Wren. See Brayley's Hist, and Antiq. of Westminster Abbey, ii., 298. In the History of the Ancient P.ilace, and late Houses of Parliament, West- minster, St. Stephen's Chapel, Westminster Hall, Court of Requests, and the Tainted Ch.imber, by Messrs. Brayley and Hritton, IS.'Jfi, see a ChronoloRical Account of the ParUanients, Councils, aiid Courts, held in these Palatial Residences from the year l'^25, 9 Henry ,3. 'ij In Prynne, iv., (Vfi. See a Calendar or Uiunial of the Days allowed for Expences, according to these several distances. INTRODLCTION. xlui. the Realm, is Matthew Paris, who flourished ahout the middle and died before the end of the Keign of Henry III., a. 43, 1259. In his Ilistoria Angliie, till 124(>, .SO Henrv III., he always uses the words Concilium, Con- cilium ^lagnum, CoUocjuium, Tractatus, to ex])ress all Parliamentary great Councils and State Assemblies, held nearly 200 years before he wrote. In the years 124G-7, and in no other years before or after, he employs this word five or six times. His Continuator, AVilliam Kishanger, under Edward I. and II., makes fi'equent use of it, and so does JNIatthew, of Westminster, who continued the History of JNlatlhew, of Paris, under Edward III. In the lleign of the latter Sovereign, and those of the succeeding Kings, it grew into vulgar use, as appears from the Historia Angliae of Thomas Walsingham and Henry de Knyghton. " The distinction," says Sir Harris Nicolas, " between a Statute, Act and Ordinance of Parliament, is still involved in such obscurity, that no positive conclusion can be drawn from the various statements which have been pub- lished." AVith regai'd to the ancient mode of promulgating the Statutes, it appears, that " the Council having called the Clerk of the Parliament before them, certain Acts made in the preceding Parliament were read, and he was directed to shew the said Acts to the Justices of both Benches, in order that those which were Statutes of the lleaim, might be seen by them, and be tairly transcribed, (it may be presumed in the Statute Roll) and be after- wards shewn to the Loi^ds and proclaimed, and that Copies of the other Acts, relating to the Governance of the Lords of the Council and of the llealm, should be sent to the Clerk of the Council, and having been reduced to writing, should be enrolled in Chancery according to Custom. " It would consequently a]}pear, that it was left to the Judges to determine what were Statutes of the llealm ; that all Statutes were enrolled upon a particular Roll, and were proclaimed : that all the other Acts and Proceed- ings of Parliament, which were entered on the Parliament Roll, were con- sidered Acts of Parliament in the modern acce])tation of the expression, and consequently that they had the full force of a Statute, although, from not usually being of so important, or of so general a nature as Enactments of the Laws of the Kingdom, it was deemed unnecessar}"^ to give the same publicity to them. Some analogy to that practice may be traced in the modern system of distinguishing Acts of Parliament as ' Public' and ' Private Acts ;' the former being what was termed ' Statutes,' and the latter all other Parliament Proceedings to which the Assent of the three Estates was given. It may be observed, that this vexata questio is much elucidated by the Minutes of Council which have been cited ; and that, in any future inquiry, some caution should be observed in giving the common acceptation to the words 'Assent of Parliament,' there being reason to believe, that, in many cases, those words ^vere not intended to, and did not, imply such an Assent, as to impart to the Proceeding the force and character either of a Statute of the Realm, or of an Act or Ordinance of Parliament." {ii) («■) See Proceedings and Ordinances of the Privy Council of En.cland by Sir Harris Nicolas, Chancellor and Commander of the Order of St. Michael and St. George, of which Seven Volumes extending to 33 Henry S are published. In Vol. vi., which contains the Index to the Prefaces to all the Volumes, under the word Parliament, the following Rtferences are given ; I. Ixiv., Ano- malies in the KoUs explained,; 111. Ixi., Persons summoned and sitting injure Uxorura ; III. Ixii., Parliament in U29, signifying a General Assembly of the Lords Spiritual and Teiii- poral'in the Parliament Chamber ; IV. cxvi.. Parliament a meeting of Peers onli/, in the pre- sence of the King ; V. xi., Petitions unanswered 1437, and referred to the Council, to be recorded in the KoUs of Parhament ; V. xviii, n: Rolls of Henry 6 imperfect; V. Isxxi, Exemptions from serving in Parliament ; VI. Ixv,. Peers fined for non attendance. In the Preface III. vi., vii.. the subject of Statutes is considered, and a note refers to the authorized Edition of the Statutes, I. xl v. for a learned statement respecting the ancient mode of promulgating Statutes, and for a Copy of the Writs issued fur that purpose, Stat. -25, Edward 3, 324, and a note 3'>'-2. See also Appendix No. ix., tea Report of the Proceedings on the claim to the Earldom of Devon, by Sir Harris Nicolas. ISS'J. In the .Speech of the same Author on the Vaux and Bray Case, see the Effect of a Writ to Parliament. Also Retrospective Review, Aug , Oct. 1827. Xliv. INTRODUCTION. From the preceding collections and observations, it appears that the con- stitution of the Legislative Assemblies of the Kingdom has been gradually formed, and that the successive alterations have been introduced rather by the exigencies of the State as they arose, than by any general principle which necessarily regulated those changes. The constitution thus framed accord- ing to accident, or necessity, became afterwards established by usage, rather than by any positive Law. It resulted from time and circumstances, rather than from any legislative enactment. Hence arose the uncertainty, which, during so many ages, prevailed as to the rights of each particular Class, and especially of those, who, under the System of Representation, were the persons to be elected, and of those who were to be the Electors. Some of the Causes which have operated in producing these gradual variations in the constitution and composition of the Legislative Assemblies of the Kingdom, from the earliest ages almost to the present day, may be arranged under the following general heads : — I. Causes immediately connected with the Sovereign. II. Causes involving the influence of the Prelates and Nobles. III. Causes derived immediately from changes in the condition of the People. IV. Causes which have immediately affected the State of the Legislative Assemblies. V. Causes producing an accidental influence on their Constitution. I. (1) The necessities and embarrassment of the Sovereign, occasioning in- creasing Charges on the People. (2) The consequences of arbitrary and undue assumption of Power, and abuse of the Prerogative. (3) The diminished power of the Crown arising from the usurped, or jus- tifiable. Claims of the Nobles or Clergy. (4) Concessions, or Appeals to the People, and other measures intended to balance the assumed power of the Clergy or Nobles. (a) By the abandonment of distinctions by Tenure, involving the in- crease of Tenancy in Chief and llepresentation, and thus les- sening the dependence of Freeholders on INIesne Lords. (b) By the ai-bitrary, or defined erection of Cities and Boroughs, with the Sale or grant of Privileges and Charters of Corporations. (c) By the admission of the Inferior Clergy to the Legislative Body, and the power granted of acting by Attorney. (5) The Creation of new Dignities and new Bishoprics. II. (1) The attempts of the Clergy and Nobility to controul the King's Prero- gative, or limit his assumed power, and at the same time to increase their own Privileges and Influence. (2) The necessities of both Classes, and the transfer of Property. (3) The various measures which at difl'erent times have been introduced and adopted by the Nobles of the liealm, tending to elevate the condition of the People. (o) The Principle of Representation insisted upon by the Lords, namely, the Representation, by immediate Tenants of the Ci'own, of all who held under them. (b) The Charter of I^iberties obtained by the Barons at Runimede. (c) The Summons of Knights to Lincoln, at the instance of the Lords, to investigate the mal-jjractices of Sheriff's, 10 Henry III. (fl) The Statutes of IMerton, 20 Henry III., whidi admit Attornies to do the Suits of Freeholders in tlic County Courts. The Resistance of the I-ords to the dcmaiuls of the Bisliops INTRODUCTION. xlv. with regard to tliese Statutes, " That all horn hef'ore Marriage should be as legitimate as those born after JMarriage, with resj)ect to hereditary succession, because the Church held such legitimate;" and their memorable answer, " Nolumus lieges Angliae mutari, qua^ sunt usitatit et approbatje." The aids given, 42 Henry III., by the " Proceres et Magnates," on condition of a lleform of the State of the Kingdom, and the Ordinances made at Oxford by the whole Nobility of England, including nearly 100 Barons. (e) The frequent influence of the Lords in ohtaining a confirmation of the Charters, and their observance. (/) The first attempt to form a Legislative Assembly to which Repre- sentatives of Counties were summoned by the Earl of Leicester, 45 Henry III., requiring the attendance of Three Knights for each of certain Shires. (g) The Writs issued by the Earl of Leicester for the First Parliament composed of Prelates and Nobles, Knights, Citizens, and Bur- gesses, 49 Henry III. (h) The Statute, " Quia Emptores," 18 Edward I., enabling every Free- holder to sell his Lands or Tenements, or any part thereof, accord- ing to his will, made at the instance " Magnatum Regni." Also, the Statute, " de Tallagio non concedendo," obtained by the Earls of Hereford and Norfolk, as an acknowledgment of the Rights of the People, 25 Edward 1. (t) The confirmation of the Charters, and Concession to the People of the Election of the Sheriffs, in the "Articuli super Chartas," granted at the request of the Prelates, Earls, and Barons, 28 Edward I. (/f) The Ordinances made at York, 3 and 5 Edward II., on the Repre- sentation of the Prelates and Nobles, for remedying delays in the Courts of Justice, and recording and determining Pleas deferred ; namel}^, " That a Parliament should be holden once a year, or twice, if there should be need." (/) The Assembly to treat on Reform of Grievances convened by the Earl of Lancaster, at Doncaster, 14 Edward 11. (m) The assistance given, 50 Edward III., and for many succeeding Reigns, by a Committee of Lords, who, at the request of the Commons, attended all their consultations " for their better di- rection and information." 1 Richard II., &c. &c., to Henry VIII. {)i) The maintenance of Justice and Equity against the Privileges of Parliament, by the decision of the Lords. (32 Henry VI.) (o) In later times, the Proceedings of the Lords, in numerous instances, favourable to the Freedom of the People and the Integrity of the Constitution ; such, under Charles I., were, a. r. IC, Lord An- dover's motion against the Star Chamber, and Lord Digby's, for frequent Parliaments; a. 17- The Defence of the Bishops, a. 19; and in the following years, their general conduct as to the measures of the Parliament. (4) The Destruction of Great Families and Individuals, by Foreign and Civil Wars, Impeachments, Deaths, &c. IIL A. Civil. (1) Change of Tenure in Land, and Grants of Aid in lieu of Service. (2) Increase of Wealth and Property, Real and Personal, with the increased power of aflx)rding Aids to the Crown, in consequence, among other causes, of (a) Subinfeudations. xlvi. INTRODUCTION. (b) The Subdivision of great Properties and Baronies. (c) The acquired Tenancy in Chief. (d) The Statute of Alienations, " Quia Emptores," 18 Edward I., which rendered the Alienees immediate Tenants of the Crown. (3) The increase of Population. (4) The inci'ease of Freeholders, and the Enfranchisement of Villeins, 5 Rich. II. (5) The Rights and Privileges obtained by Charters and Corporations. (6) The increase of Boroughs. (7) The Sanctions of the King against the Nobles or Clergy. The Sanctions of the Clei'gy against the Sovereign, or Nobles. The Sanctions of the Nobles against the Sovereign or Clergy. B. Moral. (1) The free Spirit of the Saxon Institutions. (2) The jealousy of abuse, and resistance to encroachments, whether of the Nobles, Clergy or Sovereign. (3) The Resolution and Exertions of the Commons. (4) The increase of knowledge, arising, among other causes, fi'om (a) The adoption of the English Language, 40 Edward III. (6) The diminution of Superstition, resulting from the depression of the Papal Authority. (5) The forbearance, diffidence and general good sense of the Commons in the earlier periods of their acquired Privileges, manifested in (a) Their answers, 28 Edward III., "That whatsoever pleases the King and 'Grantz,' will be agreeable to them:" "That the Prelates and Ijords will determine how the Charges shall be raised," 4 Rich. II. : " That it does not beseem the Poor Commons to give advice," 7 Rich. II. : " That Right as to Judgments does not belong to them," 1 Henry IV.: Their humble acknowledgment of Error, on their knees before the King, 20 Ric. II. and 2 Henry IV. Their prayer that the King's Council may determine all Bills and Petitions unfinished by Parliament, 4, 15 Henry VI.; and many similar cases. (li) Their fi-equent deference to the Chief Prelates and Lords, for whose assistance and cooperation they prayed on all important matters offered to their consideration, (50 Edward III., &c.) (c) Their universal deference and good will to the Church and Clergy, in favour of whose Rights, Privileges and Immunities, they com- menced their Petitions at every Session of Parliament : in con- nection wnth which feeling may be adduced the tolei'ant spirit which dictated their Petition in favour of John WicklitFe, and their Petitions against the encroachments of the See of Rome, 6 and 13 Ric. II. ((/) Their numerous and temperate Petitions for the Reform of Abuses connected with the Legislative Assemblies. Such among many others are these: 50 Edw. III., That the Knights should be elected by "the best Persons." 5 llich. II., That all persons summoned should attend, and the Sherilfs be punished for omissions and false Returns. 21 Rich. II.. That the Clergy may always be present, against the unconstitutional attempt to sepai-ate themselves from the Laity. 1 Hen. v.. That the Knights shall be Resident and chosen by Knights, Esquires and C'onnnons, and the Election of Citizens and Burgesses be of Citizens and Burgesses, Resident and En- franchised. 8 Hen. VI., That in the Election of the Knights, a higher and Freehold (Qualification oI'4Ui., may be placed on Electors, so as to INTRODUCTION. xlvii. prevent, for tlie future, a choice "by outrageous and excessive numbers of People of small Substance." To all which may be added their frequent Petitions for the better quality and character of those to be elected. IV. (1) The Separation of the Four Great Courts after Edw. I. (2) The Separation of the Ecclesiastical and Civil Jurisdictions, of Clei'gy and Laity, under William I., and the Constitutions of Chirendon, 10 Hen. II., determining the llight "per Earoniam." (3) The Change in the ordinary business of Parliament, formerly acting as a mere Council of the Crown and Court of Justice. (4) The impossibility of procuring individual assent by personal appear- ance, and the adoption of Representation by Knights, Citizens and Burgesses. (5) The erection of Boroughs at the will of the Sovereign, or of the Sheriffs; and the arbitrary Summons of the Clergy. V. (1) The Conflict of Parties, and Party objects. (2) Particular occasions, and temporary requirements. (3) Practice creating prescriptive Ilights, by course of time gaining the force of Law, and recognised as such by Statutes. The foregoing are some of the Causes, which, in the reigns of the earlier Sovereigns, without the [trovisiou of any express Law, and gradually arising from circumstances and the exigences of the occasion, operated in establish- ing a Constitution of the Legislative Assemblies of the Realm, incapable of alteration by the power of the Crown, or otherwise than by acts of the entire Legislature. Each of these heads might supply materials for extensive illustration, which the limited purpose of the present introductory remarks will not admit. The following brief survey will call the reader's attention to the Points and yEras which are most important in a consideration of the subject before us, in the period intervening between the Reign of the Conqueror and the close of the Reign of Charles II. A n. Henry II. 10. The Constitutions of Clarendon — a recognition of the Customs, Liber- ties and Dignities of the Predecessors of this Sovereign. John. 15. The Summons of Four Knights, " ad loquendum de negotio Regni." 17. The great Charter granted, 15th June. Henry III. 1, 2 The Charters of Liberties, the last of which is now held as such, though & 9. materially differing from that of John. 10. The Summons of Four Legal Knights to appear at Lincohias Accusers of the Sheriffs. 28. The Prelates deliberate separately from the Barons 38. The first instance of Representation by two Knights for each County. 42. The Assembly at Oxford, first called a Parliament, adopts a Represen- tation by 12 Barons. 45. Three Knights out of every County are summoned by the Earl of Leicester. xlviii. INTRODUCTION. A.n, 48. Four legal and discreet Kniglits are summoned to be chosen " per As- sensum Comitatus." 49. The earliest AVrits of Stmimons to Parliament, including Knights summoned by the Sheriff's from certain Counties, and two Citizens from the Cities of York and Lincoln, and two Burgesses " de caeteris burgis Anglite" by Writs directed to the Citizens. 52 The Statute of IMarlborough, made by the Earls and Barons, to restore Peace and good Order, and to make all " tani majores, quam minores" amenable to Justice. Edward T. 11. Four Knights of cei-tain Shires, and two of every City, Borough, and Market Town (Villa), are convened at two distant parts of the King- dom, at the same time, 18. Two or Three Knights of each County, "de discretioribus et ad labo- randum potentioribus," are summoned. 22. Two Knights for each County, with full power to consult and consent, and Two other Knights, "ad audiendum et faciendum," are sum- moned. 23. The Parliament is composed of Lords Spiritual and Temporal, Knights, Citizens, and Burgesses, acting with legislative power under the King. The Writs to the Archbisiiop of Canterbury contain the memorable words, " Sicut Lex justissima, &c.," and the no less memorable clause, " Prsemunientes," sunnnoning the Inferior Clergy. 25. The Clergy refuse an Aid, and the King, by the Sheriffs, takes all their Lay Fees into his hands. The King grants a Charter, and tiie Statute, " de Tallagio non concedendo," is enacted. 29. The King confirms the Charter of 9 Henry III., " the Great Charter of Henr3% formerly King of England, his Father, of the Liberties of England." 33. The Proceres Regni are no longer considered as summoned in the cha- racter of Tenants in Chief of the Crown, but as having Personal Dig- nities. Edward II. 3. The Lords Ordainers frame the Article. " That the delays in the Courts of Justice should be remedied by a Parliament held Once a year, or Twice, if there should be need." The term Parliament was beginning to mean a liegislative Assembly. 14. The Services due by Tenure were exchanged for Scutages and Aids. The Earls and Barons are styled " Peers of the Land." 15. Representatives are summoned from Wales. An Act passes, " That for ever thereafter, the matters to be es- tablished for the Estate of the King and his Heirs, and for the Estate of the Realm and of the People, should be treated, accorded, and es- tablished in Parliament by the King, and by the Assent of the Pre- lates, Earls, and Barons, and the Connnonalty of the Realm, according as had been before accustomed :" this being the First Statute declaring the Constitutional I^aw of the Realm on this important subject, on a basis different from that declared in the Charter of John. 16. Two distinct Conventions of the Clergy of the different Provinces, AvhoUy unconnected with Parliament, are assembled for an Aid to the Crown. 20. Twenty-four Representatives are summoned from North Wales. Edwaud III. 13. The Commons Petition that the Sheriffs may be commanded to send from each County; two Knights "girt with swords." INTRODUCTION. xlix. A R. 15. A St;ittite is made deolarint^ the peculiar T'ersoml Priviloi^'cs of Peers. If). Tli^' lirst instance occurs of a Clranl made by the (."lertjy in Convocation, a i)art of the I^egislalive Body not aulhoiised to make I^aws. 22. Tiie Commons had not attained an equality with tiie Prelates and "Grantz de la Terre," who answer the Commons' Petitions, &c., after these are dismissed from the Parliament. 25. The exertions of the Commons tend to estaldish the Constitutional I^aw of the liUnd as to Aids and Taxes, on the principles loni; ac- knowledged aiid acted upon. 2(]. "Writs are first issued to the JNIayors and Bailiffs of Cities and Borou^rlis, and not to the Sheriffs, as hitherto. 3G. The mischiefs arising from an ignorance of the liaws, Customs and Statutes, in consequence of their being pleaded, shewn and judged in the French Language, are remedied by a Statute, that all Proceed- ings should be in English. 40. Certain Burgesses (Chepyng Tori ton) pray to be relieved from the burden of sending INIembers, the Sheriff having "maliciously return- ed Two Burgesses for the Town." 50. On the Petition of the Commons, the Knights of Counties are to be elected " de les IMeilleurs Gentz " of the Counties. Richard II. 1. The Commons Petition for a Parliament, once a-year, "to record and end the Snils which ha'w been delayed, and the Pleas or Causes, on tvhich the Judges differ in opinion." 5. The Patent obtained by force from the King for the Enfranchisement of the Villeins, is Repealed by unanimous consent of the Lords and Commons. A I, aw is made, at the request of the Commons, for enforcing attend- ance in Parliament, and against false Returns, &c. IL The Ijords Spiritual and Temporal obtain " their Liberty and Franchise, that matters moved in Parliament, touching Peers of tlie I^and, shall be discussed and moved b_v course of Parliament, and not by Civil or Common Law of the I^and." Henry IV. 1. Proceedings are taken which settle the Character of the Two Houses of Ijords and Commons, as perfectly distinct ; and particularly estab- lishing that Grants and Aids to the Crown shall proceed from the Commons. 5. The Commons pray for Privilege for the I^ords and themselves against Arrest for Debt, and against Assault. 7. & 8. A Statute is made to settle the manner of Election of Knights, and who should be Electors." Henry V. 5. By Petition of the Commons, an addition is made to this Statute, to the effect that the Knights shall be Resident, and the Elections for Cities and Boroughs be of Citizens and Burgesses Resident and En- franchised in the same. Henry \J. 8. By the Petition of the Commons, the Electors of the Knights of Shires are ordered to be " People resident in the res})ective Counties, where- of every one shall have, in free Tenements, in the same Countv. to the value of 40.«., by the year at least, above all charges ; and that those chosen shall be dwelling and resident in tlie same Coimties." h 1. INTRODUCTION. A.R. 24. The Commons Petition for observance of Stat. 1, Henry V., " that the Citizens ana Burgesses elected may be Resident and Enfranchised," and also of Stat. 8, Henry VI., for the manner of electing notable Knights or Squires, and none beneath. Henry VII. The independence of himself and his [Successors, in Parliaments, with the Reasons thereof. Henry VIII. 6. The names of the Lords Spiritual and Temporal, who are present, are entered on the Journals. 25. Convocations are to be summoned by the King's Writ. 31. A Bill passes for assigning Seats in the Lords' House to the King's Officers. 27-34-35. Statutes are made for the Creation, or Revival of Boroughs, by Special Acts of Parliament alone. 27. Wales is incorporated, united and annexed to England, and Members are returned fi'om thence. 33. Five new Bishopricks are erected, Chester, Gloucester, Peterborough, Bristol and Oxford, by the separation and addition of Sees. 34. Knights and Burgesses are first summoned within the County and City 35. of Chester. Edward VI. 7. The King's Letter to the Sheriffs to choose Members of wisdom and experience, and directing then* Choice. IVIary. 2. The Queen's Letter for the Choice of Catholic Members. The Voluntary Secession of many Members from the House of Com- mons. 3. A. Bill against the Absence of Members. Elizabeth. 1. The Abbot of Westminster, the last of his Order admitted to Parlia- ment, speaks in the House of Lords. 13. The Oaths of Supremacy and Allegiance are taken by ^Members, before the Lord Steward of the Household. James I. 1. The Commons claim the right of examining the Returns of Knights, Citizens and Burgesses. Charles I. 3. The Petition of Right receives the Royal Assent (June 7, 1C28). 10. The Commons restore several Ancient Boroughs; and Resolve, That none shall sit in Parliament but such as will take the Sacrament. The Bill for Triennial Parliaments passes, by which it is enacted that a Parliament shall be called every Three Years, and shall not be dissolved within fifty days after the time appointed for theii- meeting, &c. Nov. 3, l(i40. The Long Parliament meets. 17. The first Protest of the'Peers is entered on the Journals. May 10, 1641. The King assents to the Bill for the continuance of the Parliament. 21. The Army, under General Fairfax, makes Proposals for Biennial Par- liaments, to sit One Hundred and Twenty Days, unless adjourned INTRODUCTION. li. A.R. or dissolved by their own consent ; and no Parliament to sit more than Two Hundred and Forty Days. Charles II. 1. The Commons abolish Monarchy and the House of Peers. 5. April 20, 1C53. Cromwell dissolves the Long Parliament. Cromwell ordains Triennial Parliaments, which shall not be adjourned, prorogued, or dissolved, within five months of their time of meeting, except by their own consent. 9. Cromwell restores an Upper House, "to interpose between him and the tumultuary and popular Spirits in the Commons' House." 12. The Restoration of the King and the House of Lords. 13. The Bishops are restored to Parliament. IG. The Triennial Act is repealed, and another substituted "that Par- liaments shall not be intermitted above Three Years." 17- An Act passes for taxing the Clergy in Parliament ivith the Laity, but allows the Parochial Clergy to vote for Members of the House of Commons. 25. Resolutions are passed against Elections upon Writs issued by the Lord Chancellor. The County and City of Durham are Ordered to return Members. 27. Resolutions are passed by the Commons against treating at Elections. 32. Resolutions are adopted against Placemen and Pensioners sitting in Parliament. William III. 1. The Declaration of Rights is framed, and receives assent. It provides, "That Parliaments ought to be frequently holden." A TABLE, Cohtaiiiing the Numbers of the Temporal Peers summoned from 49 Henry III. 23 Edward IV., together with the Council and Assistants. HENRY HI. EUWARD I. Edmund, E. of I,aneaster (Brother) Edmund, E. of Cornwall (Cousinj Ditto Ditto (besides 13 Knights, Judges and of the Council) Ditto Ditto Ditto John de Warren, E. of Surrey Edward, P. of Wales and E. of Chester (Sun) Ditto Ditto Henry de Lacy, E. of Lincoln (and various Magistri) Edward, Prince of Wales, Henry, E. of Lincoln, (^be- sides the King's Coiuicil and Assistants) Thomas, E. of Lancaster EDWARD II. Henry, E. of Lincoln ... ... John de Warren, E. of Surrey ... Henry, E. of Lincohi ... Gilbert de Clare, E. of Gloucester and Hereford Ditto Ditto Ditto Ditto Thomas, E. of Lancaster Ditto, (besides 16 Clcrici Concilii, IG Justici:irii) Ditto Thomas de Brotherton, E. of Norfolk Ditto Ditto Ditto Thomas, E. of Lancaster height Judges and Assistants') Ditto (and Assistants) Ditto (and 34 of Council and Assistants) ... Ditto (including Assistants) Ditto (and 24 of Council and Assistants) Ditto (25 as above) Ditto (25 as above) Edward, E. of Cliestcr (J'on) (32 Assistants) Thomas, Earl of Lancaster, (besides Assistants) Edward, Earl of Chester, (besides the Council, Ike.) Ditto Ditto, (with two of the Council)... Thomas, Earl of Norfolk, Marshall of England (brother) The Earl of Chester ... Earl of Chester Earl of Norfolk ... Ditto EDWARD III. Thomas, E. of Norfolk, Edm., E. of Kent (I'nclcs) Thomas, E. of Norfolk Ditto Ditto Ditto A ons. Sept. 15 — 23 (W) 9 2 York Feb. 7 — March 5 (W) 28 — Northampton April 24 — May 14 (W) 21 — York July 31 — Aug. 6 (W) 7 New Sarum ... Oct. Iff — 31 (W) 16 3 Westminster Feb. 9 — 22 (W) 14 4 Winton .„ March 11 — 23 (W) 13 Westminster Nov. 26 — Dec. 9 (Wi 14 5 Westminster Sept. 30 — Oct. 9 (W) 10 6 Westminster March 16 — 21 (W) 6 _ Westminster Sept. 9 — 12 (W) 4 York Dec. 2 — U (W)1 57 7 ... ... Jan. 20 — 26 8 York Feb. 21 — March 2 (W) 11 Westminster Sept. 19 — 23 (W) 5 9 York Mav 26 — June 3 (W) 9 10 Westminster March 11 — 20 (W) 10 Councils are denoted by the letter C. I VI. INTRODUCTION. A. R. Days. Nottingham Sept. 23 — 26 (W) 4 11 Westminster* Jan 13 — March 3-13 (W) 11 — Westminster Sept. 26 — Oct. 4 (W) 9 12 Westminster Feb. 3 — 14 (W; 12 — Northampton July 26 — Aug. 2 (W) 8 — Westminster Jan. 14 — Prorogued to 13 Feb. 3 — 17 fW) 15 — Westminster Oct. 13 — 28 (W) 10 — Westminster Jan. 20 — Feb. 20 (W) 52 14 Westminster March 29 — Mav 10 (\\) 43 . — Westminster Julv 12 — 26 (Wl 15 15 Westminster April 23 — Mav 18 (27) (W) 26 17 Westminster April 28 — Mav 20 (W) 23 18 Westminster June 16 — 28 (W) 13 20 Westminster Sept. 11 — 20 (W) 10 21 Westminster Jan. 14 — 21? (R) 8 22 Westminster March 21 — April 13 (W) 24 — Westminster Jan. 19 — Feb. 12 tW) 25 25 Westminster Feb. 9 — Jlarch 1 (W) 22 — Westminster Jan. 1.3 — Feb. U (W) 30 26 Westminster (C) Aug. 16 — 25 (W) 10 27 W^estminster Sept. 23 — Oct. 12 (W) 20 28 Westminster April 28 — May 20 (VV) 23 29 Westminstert Nov. 12 — 30 ,-W) 19 31 Westminster April 10 — May 16 (W) 37 32 W^estminster Feb. 5 - 27 (W) 23 31 Westminster May 15 35 Westminster Jan. 24 — Feb. 18 (W) 26 36 Westminster Oct. 13 — Nov. 17 (W) 3ri 37 Westminster Oct. 6 — 30 (W) 25 38 M^estminstert Jan. 20 — Feb. 28 (\V) 40 40 Westminster Mav 4 — 11 (W) 8 42 Westminster Mav 1 — 21 (W) 21 43 Westminster June ^ — 10 (W) 8 45 Westminster Feb. 24 — March 29 (Wl 35 — Winton (C) Jun'.' 8 - 17 ' (W) 10 46 Westminster Nov. 3 (W) 22 47 Westminster Nov 23 — Doc, 10 (VV) 18 50 Westminster§ April 28 — Julv 10 (W)6iR) ... 70 51 Westminster Jan. 27 — March 2 RICHARD 11. (\M 36 1 Westminster Oct. 13 — Nov. 28 (W) 47 2 Gloucester Oct. 20 — Nov. 16 (W) 28 — Westminster April 1o — Mav 27 (W1 33 3 Westminster Jan. 1(5 — Mai-chS (W) 47 4 Northampton Nov. 5 — Dec. 6 (W) S2 5 Westminster Nov. 3 — Dec. 15 }lW) Jan. 24 — Feb. 25 115 — Westminster Mav 7 — 22 (W) 16 6 Westminster Oct. 6 — 24 (W) 19 — Westminster Feb. 23 — March 10 (W) 17 7 Westminster Oct. 26 — Nov. 26 (Wl 32 — N. Sarura • .. April va — May 27 (W) ... ... 29 8 Westminster Nov. 12 — Dec. 24 (W) 43 9 Westminster Oct. 20 — Dec. 6 (W) 48 10 WVstminster Oct. 1 — Nov. 28 (W) (D) ... 59 11 Westminster Feb. 3 — June 4 (W) J ... 122 12 Cambridge Sept. 9 — Oct. 17 (W) 39 13 Westminster Jan. 17 — Jlarch 2 (W) 46 H Westminster Nov. 12 — Dec. 3 (W) (D) .. 22 15 Westminster Nov. 3 — Dec. 2 (AV) 30 16 Winton Jan. 20 — Feb. 10 (W) 22 17 Westminster Jan. 27 — March 6 (W) 40 18 Westminster Jan. 27 — Feb. 15 (Wl 20 20 Westminster Jan. 22 — Feb. 12 (W) • 22 21 Westminster Sept 17 — Sept. 29 (W)} 137 Jan. 23 - 31 * 11 Edward 3. Prynne's Test of Writs from Monday after F. of St. Matthias, is Sept. 12, and yet he says, iv. 154, they sat but 11 davs. The Writ is, in other respects, erroneous, t The Rolls pass from 29 to 36 Edward 3. i The Rolls end this Parliament on the 18th, but the Writ in Prynne, iv. 467, is Feb. 28. f Prynne ix. 301, by mistake, admiti the Feast of St. Gregory, instead of St. George, IN'TllODUCTION. Ivii. A. K. HENKY IV. Days 1 Westminster Oct. r, — Nov. 19 (,W) 45 2 Wpsttiiiiistcr : Jan. 20 — March 10 (W; 51 3 Westminster Jan 2'J 4 Sept. 15- 3) — Nov. 25 (W) 57 G6 5 Westminster Jan 14 — March 20 (W) Coventry Oct. 6 — Nov. 13 (W) 39 7 W.'stminster (1) March I — April 3 ") • • (2) April 25 — Juno 19 Uw) 297 t3) Oct. 13 — Dec. 22 J 9 Gloucester 1 Oct 20 — Dec. 2 (WJ (D) ... 44 11 Westminster (I) Jan. 27 — March 15 (R)] (D) (2; April 7 — May 9 104 13 Westminster Nov. 3 — Dec. 19 47 14 Westminster Feb. 3 — March 20 HENRY V. 47 1 Westminster Mav 15 — June 9 (W) 2f> 2 Leicester April 30 — May 29 (W) 30 _ Wescmin^tei* Nov. 19 3 Westminster Oct. 21 — Prorogued to Nov. 4 - 17? ... 28 ? Westminster March IG — Aprils Mav 10 4 Westminster Oct 19 — Nov. 18 (R) (D) 31 33 5 Westminster Nov. 1G(? ) — Dec. 17 7 Westminster Oct. IG — Nov. 13? iR) 29 8 Westminster Dec. 2 9 Westminster Mav 2 Westminster I. Dec. I HENRY VI. 1 Westminster n. Westminster Nov. 9 — Dec. 18 (D) 40 2 Oct. 20 — Dec. 17 CD)} 111. M'estminster IV. Jan. 15 — Feb. 28 132 3 April 30 — July 14 (D) 76 4 Westminster Feb. 18 — March 20 (D)} V. Westminster April 29 — June 1 105 6 (1) Oct. 13 — Dec. 8 (D)} (2)Jai;. 27 — March 25 lf;4 VI. 8 Westminster (nSept. 22 — Dec. 20 (D)i (2) Jan. IG — Feb. 23 15.5 VII. 9 Westminster VIU. Jan. 12 — March 20 (D) G9 10 Westminster IX. May 12 — July 17 (D) 67 n Westminster (I) July 8 — Aug. 13 (D)} X. Westminster (2,) Oct. 13 — Dec. 21 1G7 14 Oct. 10 — Dec. 23 (D) 75 XI. 15 Westminster XII. Jan. SI — March 27 (D) 67 18 Westminster XIII. Nov. 12 Jan. 14 — Dec. 21 20 Westminster XIV. Jan. 25 — March 27 (D) 63 23 Westminstert Feb. 25 April 29 — March 15 — June 5 I 24 XV. Oct. 20 Jan. 24 — Dec. 15 — April 9 1 411 25 Bury St. Edmunds . | Feb. 10 — March 3 (R) 23 * The Writs de Expensis are not extant, and the Rolls give no termination, t This Parliament is prorogued on account of the Plague. The Rolls say it sat 200 davs. lu the above Liit, the whole term, from the first to the last day, is always included. Iviii. INTRODUCTION. A. R. XVI. Days. 27 Westminster (1) Feb. 12 — April 1 ■) May 7 — 30 } 156 (Winchester) (2) June 16 — July 16 (D)J XVII. 28 Westminster (l)Nov. 6 (2) Jan. 22 — Dec. 17 ■) - March 30 }• (Leicester) (3) April 29 J XVIII. 29 Westminster XIX. Nov. 6 Jan. 20 May 5 — Dec. 18 •) — April 29 31 Reading ... (1) March 6 April 25 — 28 ■) - Julys / Nov. 12 — Prorogued to i 400 32 (Westminster) XX. (2) Feb. 11 & 14— April 16 ? ) 33 Westminster XXI. (1) July 9 (2) Nov 12 (3) Jan. 14 - 31 ■) — Dec. 13 J 38 Coventry XXII. Nov. 20 — Dec. 20 (D) 31 39 Westminster 1. Oct. 7 — 17? EDWARD IV, 11 1 Westminster Nov. 4 — Dec. 21 11. Westminster May 26 (D) 205 2 Feb. 5 III. 3 Westminster (York) April 29 Nov. 4 Feb. 20 — June 17 — Prorogued to 4 (Westminster) IV. Westminster May 5 Nov. 26 Jan. 21 7 June 3 — July 1 (Reading) ... Nov. 6 May 5 — Prorogued to (Westminster) V. Westminster May 12 10 Nov. 26 — Feb. 49 H.6 12 VI. 12 Westminster (1) Oct. 6 — Nov. 30 ^ .c (2) Feb. 8 — April 8 1 13 (3) Oct. 6 — Dec. 13 S (4) Jan. 20 — Feb. 1. ) rt 14 (5) May 9 — 28 1 ss (6) June 6 — July 18 VII. (7) Jan. 23 — March 14 (D) J 17 Westminster VIII. Jan. 16 22 Westminster Jan. 20 — Feb. 5? RICHARD III. 17 1 Westminster I. Jan. 23 — Feb. 20 (D) HENRY VII. 29 1 Westminster II. Westminster Nov. 7 3 Nov. 9 III. 4 Westminster (1) Jan. 13 — Feb. 23 "» 1 year 5 .. •• .■ (2) Oct. 14 — Dec. 4 } 45 (3) Jan. 25 — Feb. 27 (D)J days. IV. 7 Westminster (1) Oct. 17 — Nov. 4 ■» — March 5 (D)/ 142 V. Westminster (2) Jan. 20 " Oct. 14 INTRODUCTION. Jix. A. R. 1 Days. VI. 12 Westminster VII. Jan. 10 19 Westminster I. Jan. 25 HENRY VIII. 1 Westminster 11. Westminster Jan. 21 — Feb. 23 (D) 34 3 (l)Fcb.4 — March 30 Tj 4 (2) Nov. 4 Jan. 3 — Dec. 20 f — Prorogued to ( 5 III." Nov. 7 J 6 Westminster (l)Feb. 5 — Aprils (6011 — Dec. 22 tD;/ 7 (2) Nov. 12 322 ■ IV " 14 Westminster (1) April 15 — May 21 ■) — July 29 V — Aug. 13 (D)j 15 June 10 !21 V. Westminster* (2) July 31 21 Nov. 3 — 6 -| ^ 22 (1 ) July 30 Jan. 16 a S3 (2) Jan. 15 — Marcli 18 I 1 April 10 — Prorogued to \ in 24 (3) Feb. 4 — May 15 / tS 25 (4) Jan. 15 — Marcli 30 ( a 26 Nov. 3 >-. (5) Feb. 4 — April 4 (D) I o 28 Westminster Junes — July 18 (D; 41 31 Westminster (1) April 28 — May 23 ^ (2) May 30 — June 28 - tn Nov. 3 — Prorogued to \ ?, ffl Jan. 14 / ^.-o 32 (3) April 12 (4) May 25 — May 11 — July 24 CD)J "" 00 S3 Westminster (l)Jan. 16 (2; Feb. 14 — Feb. 4 -. — April 1 ■ « 34 Nov. 3 — Adjourned to i rt (3) Jan. 22 — May 12 ) U-3 35 Nov. 3 (4) Jan. 14 — Prorogued to — March 2y (D) ^?1 36 Westminster Jan. 30 37 (1) Nov. 23 — Doc. 24 •) rt S" 38 Nov. 4 — Prorogued to V 5i,-a (2) Jan. 14 - 31 (D j i-iO I. EDWARD VI. ^ 1 Westminstert (l)Nov. 4 — Dec. 24 2 April 20 Oct. 15 — Prorogued to n (2) Nov. 24 — Dec. 21 a 2.3 ,,, Jan. 2 — March 14 3. 4 (3) Nov. 4 — Feb. 1 \ S 4 April 21 Oct. 10 Jan. 20 — Prorogued to / i 5 March 2 Oct. 13 •>* 5. 6 11. (4) Jan. 23 — April 15 (D)^ 7 March 1 - 31 (D) 31 III. MARY. 1 Westminster Oct. 5 Oct. 24 — 21 — Prorogued to Dec. 5 (D) 62 — Westminster April 2 — BlayS (D) ... 34 V. PHILIP AND MARY. 1. 2 Westminster Nov. 12 — Jan. 16 (D) 66 * These Prorogations are chiefly on account of the Plague. . t These Prorogations are occasioned by the "Sweating Sickness,'" and the War with Scotland. Ix. INTRODLCTION. A. R. VI. 2. 3 Westminster VII. 4. 5 Westminster I. 1 Westminster II. 5 Westminster 6 7 8. 9 III.' 13 Westminster IV. 14 Westminster 18 23 25 V. 27 Westminster VI. 28 Westminster 29 Vii." 30 Westminster 31 Vllf. 35 Westminster IX. 39 Westminster 40 ... X. 43 Westminster 1. 2 I. Westminster* 3 3. 4 4 4. 5 7 7. 8 19 21.22 22 11. Westminster Westminster Westminster Dec. 9 (D) .. (l")Jan. 20 ('J;Nov. 5 Jan. 23 (1) Jan. 11 Oct. 2 Oct. 5 April 30 Oct. 4 Feb. 7 (2) Sept. 30 April 2 (1) May 8 Nov. 2 (2) Feb. 8 Nov. 5 (3) Jan. 16 April 24 April 19 (1) Nov. 23 (2^ Feb. * Mav 20 Sept. 14 (1) Oct. 15,29 (2) Feb. 15 Nov. 12 Feb. 4 — March 7 — 17, CQ. dies) ELIZABETH. — May 8 (D) — April 10 — Prorogued to }... Jan. 2 May 29 June 30 Prorogued to March 15 by 24 prorogations to j March IS by 17 prorogations to 1 {D}J Dec. 21 March 29 by G prorogations Dec. 2 March 23 Prorogued to March 29 Feb. 19 - April 10 (1) Oct. 24 ^2) .Jan. 11 Oct. 27 — (1) March 19 • Feb. 7 Oct. 3 (2) Nov. 5 (3) Jan. 2, 21 (4) Nov. 18 Feb. 10. April 20-7 Nov. 16 Feb. 10 Oct. 27 Feb. 9 Nov. 9 (.5) Feb. 9 (0) Oct. 16 Feb. 9 April 5 (1) Jan. SO April 17 (2) Nov. 14,20 Feb. 8 Feb. 12 Nov. 2 Feb. If) March 15 March 27 Dec. 90 Feb. 9 Dec. 19 JAMES I. July 7 Prorogued to 9 May 27 Dec. 18 March 31 July 4 Prorogued to July 23 Dec. 6 June 7 March 27 June 4 Dec. 18 May 29 Prorogued to — King died nsto ("■ (D)}- (D)}- (D) . {Dj}- tD) . tD)J 139 62 109 54 1 year, 9 days * Tlicse Prorogations arc made in consequence of the Plague, then raging. TNTHODUCTION. Ixi. Westminster (Oxford) ... Westminster Westminster Westminster Westminster Westminster Westminster Westminster Westminster Westminster* Westminster Westminster (Oxford)* CHARLES I. — June 18, July 1 ll)(Mavl7) (2) Aug. I — 12 Feb. G — June 15 (1) March 17 — June 26 Oct. 20 — Prorogued to (2)Jan. s:0 — March 10 April 13 — May 5 Nov. 3, 1640 May 10, IGtl Bill for continu ance of the Parliament Jan. 30, 1649 King died April '10, lri53 By Cromwell CROMWELL July 4 — Dec. 12 Sept. 3 — Jan. 22 Sept. 17 — June 26 Jan. 20 — Feb. 4 (D) (D) inu- J (D)3 (D) . (D) . ( RICHARD CROMWELL. Jan. 2/ May 7 — April 22 — March 16 April 25 — Nov. 6 — (11 May 8 — Nov. 'iO — Jan. 7 — (2) Feb. 18 — (3 I March 16 — Aug. 20 — (4; Nov. 24 — Jan. 12 — June 21 — Aug. 1 Oct. 3 (5) Oct. 9 — Feb. 20 — April 23 (6) Sept. 18 — Jan. 2 — July 25-29 — (7) Oct. 10 — Feb. 6 — Aug 11 _ Nov. 10 March 1 — (8) Oct. 19 — (9) Feb. 14 — Oct 24 — Jan. 3 — April 16 — Oct. 30 (10) Feb. 4 — (11) Oct. 20-7 — (12) Jan. 7 — Nov. 10 — (IS) April 13 — (14) Oct. 13 — (15) Feb. 15 — May 21 — July 16 — Dec. 3 Jan. 15 — April 11-29 — May 23 — Aug. 1 _ Aug. 29 Oct. 1 (16) Oct. 21 Jan. 24 CHARLES n. — Sept. 13 — Dec. 29 — July.^0 — Dec. 20 — May 19 — July 27 — May 17 — Prorogued to — Dec. 22 — March 2 — Prorogued to (D) (D) (D) 31 Prorogued to Dec. 22 Feb. 8 Prorogued to Dec. 19 May 9 Adjourned to Prorogued to Dec. 11 April 11 Dec. 20 April 22 Prorogued to March 29 Nov. 4 Feb. 24 Prorogued to June 9 Nov. 22 April 16 28 Adjourned to March 27 May 13 July 15 Prorogued to Days. 56 131 355 23 162 142 I year 162 d. 87 10 m. 9d. 8ra. 4d. — Dec. 30 (D) * This Prorogation is on account of the Plague raging in London and Westminster, t Tlic Great Fire occasioned the Prorogation. Ixii. INTRODUCTION. A.R.I Days. . 31 Westminster (1) March 6 — 13 I (2) March 15 — May 27 (E) J 83 July n — Westminster ... Oct. 17 Jan. 26 — Prorogued to rt 32 April 15 May 17 July 1 July 22 Aug. 23 • Oct. 21 — Jan. 18 (D) ^ 33 Oxford March 21 — 28 JAMES II. (D)^ 8 1 Westminster May 19 — July 2 ■> Aug. 4 — Prorogued to p^ Nov. 9 — 20 03 Feb. 10 — Prorogued to , ■* 2 ,,, ... May 10 / rf Nov. 22 i Feb. 15 1 rt 3 ... April 28 P-. July 20 — (D)J (N THE J^acUament^ ant» ©ouncil^ of iEnslanlr* WILLIAM I. (Dec. 25, lOGC; Dec, 25. Westminster. He is elected Kin^ by the '06g, Norman and English " Proceres ac Nobiles," and at j * his Coronation takes an oath, in the presence of the "Praesules, Abbates et Proceres" of the Kingdom, (a) Shortli/ (iflcr, he holds a Council of liis Proceres, and, by their advice, sends Ambassadors to the King of Denmark, (i) A " Curia," Court or Council, is held at Westminster. 1069. Elfric, U. of Peterborough is tried, (c) •*• "• April 13. (Easter Monday.) An Assembly meets at Winchester. There are present the King and his " Pro- ceres," namely Richard his son, the Archb* of Canterbury and York, nine Bishops, twelve Temporal Lords. With ]\ralilda the Queen, they subscribe a Charter to the Monks of Deorhyrst. ((/) About the same timCi a " Curia" or Synod, is held at London. In the presence of IMatilda, the Queen, the " Principes," the Archbs-. Bishops and Abbots of the Kingdom, the King grants a Charter to St. Pauls. A " Curia" is held. 1070. The Bishops and Abbots, who before held " in purii et per- '*V'** petua eleemosyna," (Frank-Alms), are brought under the tenure of Barony, (/) A " Curia" is held at London or Gloucester. By the advice of his Barons, the King had summoned from every county, the nobles, Avise men, and learned in the law, that he might hear what were their laws and customs. Twelve per- sons attend from each County, and "presentia Baronum," et " communitatis," he confirms King Edward's Laws, with some additions, " ad utilitatera Anglorum." ( Abbots, Earls and " Pri- mates," or " Proceres," Anglise. The cause between Wulstan, B. of Worcester, and Thomas Archb. of York, is tried. (?) 1071. ^ a Curia" is held at Westminster, composed of many 5 * chief men of the kingdom. Upon this occasion the Privileges and Liberties of the Abbey are confirmed. (A) A " Cuiia" "Conventus Principum" is held at Pinne- den Heath (Kent) at which are present the Archb. of Canterbury, Bishops, many Barons of the King and of the Archbishop, and "Episcoporum;" homines multi comitatus et alii aliorum comitatuum, homines." The King confirms a decree, "cum consensu Principum, suorum," respecting the dispute between OdoE. of Kent, Bishop of Bayeux, and the Archb. Lanfranc. (/) 1074. At Christmas, a " Curia" is held at Westminster, [m.) ■^■g"" A " Curia," or " Concilium," is held at London. 1073. Archbishop Lanfranc presides, {n) ""•/• Mmj 22. (11 Cal. June.) A " Concilium" is held at Westminster, which is attended by the Archbishops, ten Bishops, six Abbots, the Chancellor, " et aliis insignibus Proceribus." A second Charter is granted to the Abbey, with an exemption from the Bishop of London's Jurisdiction, (o) 1077. A " Universal Synod" is held at Westminster. A third Charter to the Abbey is confirmed by many illustrious Persons, " et regni Principibus diversi ordinis, e diversis provinciis et urbibus." The charter is signed by the King, the Queen, their two Sons, two Archbs . fifteen Bishops, the (h) Hody, 147. U) See authorities, Hody, 148. (k) Tyrrel, Vol.1. Dugdale's Grig. Jurid. MRS. Cotton. Faustina A. 3. F. 295. This first Charter, quoted in this last place, is granted "consultu atque consensu Pri- matum meorum," and is subscribed after the King, by the Queen, Archb. Lanfranc, fi Bishops, 7 Abbots, the Chancellor, and 14 Lords. (/) Eadmer Hist. Nov. Lib. I. p. 9, &c. Selden, III. 730. At. II. 1664, the subject of the Decree between the Earl and Archb. is published at length. Hody, 149. 150. (>n) Hoveden, p. 262. The Saxon Chronicle says 1076. Hody, 1.54. (n) Ingulphus, p. 7.3. Ordericus Vitalis, Hist. Eccl. p. ,')42. Hody, 155. (o) This Charter, if correctly given in Cotton's Col. Faust. F. f. 39 b, contains some curious errors. It is dated Anno Dom. Incarn. MLXXV. anno Will. IV. die Pente- costes, 11 Kal. Junii. Only one of all these dates can be right. If the year of our Lord is to be trusted, the regnal year is wrong, which should be !), and, vice versa, if the regnal year is correct, the year of our Lord should be 1070. The 11 Kal. June is May 22, and. in 107.'), the day of Pentecost is May 24. The 1 1 of the Kalends occurs on no day of Pentecost, in any year in which Easter-day docs not fall on the 3d of April, and tliereisno such occurrence in this reign. WILLIAM I. 3 Chancellor, ten Abbots, the King's three Chaplains, thirteen Earls and Barons and others, as above, (p) Jan. 2. (4 Non. Jan. Lid. IV.) At Christmas? a great ^^^'• Assembly is held of all the " Primates Anglise." js * A fourth Charter to the Abbey of Westminster, is authorised and signed, " ab excellentioribus rejini personis," namely, the K., Queen, two Archbs., thirteen Eishops, llobert the King's Son, the Cliancelloi*, the King's three Chaplains, three Abbots, seventeen Lay Lords, (y) iVia^/ 31. {Prid. Calend. Junii.) A Council of the *' Principes Terrse" is held in the King's Palace, at "Winchester. There are present the Archb**-' Bishops, Earls and many other " Fideles." A Chai-ter to the Monks of St. Edmunds Bury, is subscribed by the King and Queen, two Archbs-, the King's three Sons, the Chancellor, the King's Chaplain, seven Abbots, four Earls, and seven other great men. {r) A Council " Plenum Concilium" is held at London. ^^^' The Charter granted to the Monks of St. Cuthbert is con- firmed. A Council is held at Westminster " prsesentibus om- 'ost. nibus Episcopis et Baronibus." ^\q' The Charter to the iMonks of St. Cuthbert is confirmed by another from the King. (/) At Christmas, a " Curia" is held at Gloucester. ios5. After five days, the Archbishop and " Clerici " present, hold a Synod for three days. Then the King holds a great Council of his Proceres, with whom " graves sermones habult de hac Terra quomodo incoleretur, et a quibus hominibus. Mittebat idcirco per totam Anglorum terram in singulos comitatus suos servos, quibus permisit scrutari quot Hydarum Centeuse essent in Comitatu, &c. {u) April 5. {Easter.) The Kings " Curia" is held at lose. Winchester, {iv) \q' May 24. {Whitsuntide.) The "Curia" meets at W^estminster. The King's youngest son Henry, is made a Knight, (a) Aug. 1. (Cal. of August.) (In Festo Primitiarum ?) A general Council meets at Salisbury. (p) Cotton. F 37. b. Hody, 1.56. (q) Cotton, f. 4. 2. Hody, 1.58. It has been said, that, upon this occasion, the King separated the Ecclesiastical from the Temporal Jurisdiction, but the authority (Oldfield Rep. H. 109) is questionable. For the Law itself, see Selden II. 1004, "and Hody. 164-5. •' (r) MonasticonT. I. 289. Hody, 1.59. (s & t) There is a manifest error in regard to thedatesof these two years. The con- firmation of the Charter appears to have taken place in the first vekr. " Facta sunt hfec omnia in concilio London : coram Dno. Wil. R., anno 1082, which would proba- bly be a. r. 16 ; but the King's own Charter of Confirmation is made "apud Westrao- nasterium conciho meo, anno regni mei 18, &c, ; or 1084. See Monasticon, pp. 43 and 44, Tom. I. " (u) Saxon Chronicle. Hody, 161. (w) Saxon Chronicle. Hodv, 162. (*; Saxon Chronicle. Hodv, 162. 20 "WILLIAM II. "The Proceres et onines Prcedia tenentes, cujuscunque essent Feurii vel Tenementi," the Archbishops, Bishops, Abbots, Earls, Barons, Sheriffs, Avith their respective " Milites" (mili- tary Tenants), the principal Landholders of every descrijjtion, do homage and swear Fealty to the King. Having " made all England to be described, " quantum Terra; quisque Baronum suorum possidebat," in the Survey called Domesdav, the King exacts contributions, according to the valuations there given, (y) WILLIAM II. (Sept. 2G, 10G7.^ 1087. Sunday, Sept. 26. " Convocatis Terree Magnatibus," *i ' the King is crowned at Westminster, {z) Dec. 25. A " Curia " is held at London. Tlie two Archbishops, many Bishops, the Justiciaries, and " Prin- cipes" of all England are present. («) 1088. March (Lent) an Assembly is held, to wliich are sum- 1 ' moned, "invitatoriis scriptis," the Archb. of Cant., with his Suffragan Bishops, the '' Comites,"and all the English, "fortitudine et probitate insignes." {b) 1092. Dec. 25. A " Curia " or Court, is attended by all the 6 ' "Primores et tota Nobilitas regni." (c) March. (Lent.) A " Curia" meets at Gloucester. 1093 A n. 6 (if) The difficulty with regard to dates in the earlier periods of our history is well exemplitied in the iinccrtainty wliitli i)revails rc.-pecting the year in which this meeting was held. The Saxon Chronicle places it in IDS'), Henrv of Huntingdon in 10>S5, a. r. 19, the Waverley Annals in l(is4, .M. of ^Ve^llllinsLer aiid Paris in 1084. The latter refers the proceedings to ■\Vhit^untide, at \Vosl minster. The Lords' Kejiort on the Dignity of the Peerage, Vol. l.p. 34, quotes the Annals of Waverley, " Ibique venerunt coram Rege Baroncs sui, et omncs Terrarii qui alicu- jus pretii erant, cujuscunque foedi fuissent, ct omnes /lomiucs sui efiecti sunt." Here the Barons who heldiii chief of the King are distinguished from those (Terrarii) who heldof mesne Lords. Another Parliament or Council of Bishops, Earls and Barons is mentioned in the Year Book, 21 Edw. III., fol. 60, and many others may have occurred, as the Conqueror held his Court regularly at the Feasts of Christmas, Easter, and Whitsuntide, at Gloucester, Winchester, and Westminster, when the great men of the kingdom usually attended him. It appears that no laymen were properly mem- bei-s of the councils, except tenants-in-chief of the Crown, and probably only tenants by military scr\ ice, and "per Baroniam." There is no evidence in this reign of any general aid from the sul)ject by grant of a Legislative .\ssembly, but the exemption from taxation, except by a Common Council, is implied in the King's Charter, an ex- emption not extending to the King's demesnes, or to cities and boroughs holding im- mediately of him, so as to prevent their being afterwards subject to tallage by the King's authority. Report 1 . 33, 4, o. Tlie " Foedcra" N. E. I. contains Charters of uncertain dates, which allude to the Commune Concilium, and describe the acts as " communi consilio, Archiepiscoporum et Episc, et .\bbat., et omnium Principum Kegni." (X) ISrompton says he was crowned Sept. 27. But for a correction of this and many other dates, see the Table of Kegnal Years in the admirable Chronology of History, by Sir Harris Nicolas. Hody, 174. (fi) Brompton, in Hody, 174. ( b ) Ordericus \'italis, Malmeshurv, Huntindon, the Saxon Chronicle, Florence of Worcester, M. Paris, tlie Waverlev Annals, and Hemingford. Hodv, 170. (c) Eadmer, Hody, 170". WILLIAM II. .5 The " Principes totius Regni," the Bishops, Abbots, and some Nobles are present. IMalcolm K. of Scotland has an interview, (d) Some months afters a " Conventus Nobilium" assembles at Winchester. Anselni, Ai\ lib. of Canterbury, does homage, (e) Another " Conventus" is held at Hastings. " Ex prse- cepto Regis," all the Bishops, with the " Princes " of England, attend, {f) Sunday, March 12. A general Council assembles at i09i. one o'clock, in the Church of the Castle at Rockingham, *"r^' by the King's decree. The Archb. Anselm, the Bishops, Abbots and " Principes," and a numerous multitude of Monks, Clergy, and Laics, as assistants, are present. The day being Sunday the King adjourns the meeting to the following day. {g) May 28. fPoifecostor Whitsuntide.) A "Curia" is held at Windsor. The " Principes, Proceres " and others, are present, (h) August. A Meeting is held, by the King's Edict, and is attended by the Bishops, Abbots, and the " Proceres regni," " de statu regni acturi." {i) Dec. 25. {F. of the Nativity, Natale.) A « Curia" 1095. is held. '9 ' A summons is issued to all such as wish to hold land under the King, " et eam in pace tenere." {k) Jan. 13. f Octaves of Epiphany.) A '' Curia" is held ^096. at Salisbury. The King meets all his Barons (/) 9"' May2i<. (Whilsunlide.J A " Curia" is held. 1097. " re'ac'iis ieslivio 'ibus diebus, diversorum negotiorum causa; in medium duel ex more cseperunt." (w) (rf) Eadmer and others, Hody, HT; and for this interview, Florence and other His- torians, at pp. J80, ISl. (e) Eadmer. Hodv, p. 177. (/) Eadmer. Hody, )77. Ig) Eadmer was present at this Assembly, as an attendant upon Archbp. Anselm. Selden Tit. of Hen. p. 730. Hody, 178. There appears to he some error as to these dates. The day was Sunday, and is s,aid to liave been the 11th of March, 1094. But this nth was on a Saturday." In lOP.'i, the 11 th of March was on Sunday. This seem- ing mistake is noticed in order to call attention to the difference between the com- mencement of years at diftbi ent periods, for whicli see Sir Harris Nicolas Chr. of H. p. 37. (h) Eadmer, in Hody, p. 179. (0 Eadmer. Selden say«, this meeting took place n year or two after that at Rock- ingham, p. 731. But he iiiu^t i)e wiong. as he places this last in the year 1094, and then speaking of the former, quoie^ Eadmer and Florence of Worcester, " sub anno 1093." Hody, p. 180, is also confused here. See pp. 179 and 180. In the first, he gives the year 1094, and then says, "some Uttle time after, viz. an. 1097." These diftijrences can- not be reconciled. (/.:) Ann. of Waverlev, Hody, 181. (.1) Ann. of Wav. do^ 181. (>«; Eadmer in Hody, 180. 10 HENRY I. 1099. Christmas or Whitsuntide. A " Curia '' is held in West- ■*12' minster Hall (just finished), (w) or 13 . HENRY I. (Aug. 5, 1100.; 1100. Aug. 5. At his Coronation, " Clerus AngUse et Popu- ^■^' lus Universus" are summoned to Westminster, where " communi concilio et consensu Baronuni" the King confirms the Laws of Ed- ward the Confessor, as amended by his Father, Will. 1. Copies of the new Charter, " Testibus Archiepiscopis, Episcopis, Comitibus, Baro- nibus, Yice-comitibus et Optimatibus totius regni" are sent to every county, the sheriffs attending for the purpose of such conveyance, (o) A Council of " Majores natu et Magnates" is held at London. The King's marriage with Matilda, daughter of Malcolm, late King of the Scots, is authorised. iioi« Jime 9. [Whitsuntide.) A " Curia" is held, at which ■**! ' are present " tota regni Nobilitas, cum populi numerosi- tate." {q) Another Assembly is held of the Bishops and " Pro- ceres." (r) A Meeting takes place at Winchester, " Episcopis, terrseque Principibus sub una coactis." (s) An Assembly is convened at London, of Bishops, " Principes " or " Proceres." [t) (n) The first period is in M. Paris, the next in the Saxon Chron. and the Ann. of Wav. Hody, 181. The Report on the Dignity of the Peerage, alluding to a charter of this King, given in the Foedera, n. e. I. 5, says it was addressed, " Archiepiscopis, Epis- copis, Abbatibus, Comitibus, caeterisque omnibus Baronibus;" from which it may be inferred, that all these persons were included in the general appellation of " Barones;" and it will appear from other documents, that all who composed the great council of the kingdom were frequently afterwards included under the words " Barones" and " Baronagium." There appears in this reign no trace of any assembly of a strictly legislative nature, and the money which the King required was raised from his sub- jects by various exactions. (o) The " universus populus" of M. Paris sufficiently indicates the limited sense in which this common expression is to be understood. No one will endeavour to main- tain that the whole people of England were summoned upon this occasion, and as the people here are placed in connection with the Clergy, and there is no evidence of any others being present besides the Nobility and Sheritt's, it is fair to presume that these were so designated. It is not improbable, that, at this ceremony, as upon other occa- sions, many persons were also present as assistants, or merely as spectators. Sir H. Spelman observes that the instrument now prepared was the original of Magna Charta, containing most of its articles, cither particularly expressed, or generally included. In the reign of King John, the existence of such a charter was almost forgotten. Scarcely a single copy could be found. From it may be inferred that general powers of legis- lation, except for the puri)oses of taxation, were then, as well as in the reign of the Conqueror, deemed to belong to the King, either alone, or with the council of persons denominated his Barons. The convention of any Legislative Assembly can be inferred only from this Charter. Report I. 39. 41. Cp) Hodv, p. IWi, from the Lambeth MSS. (g) Eadmer. Hody, 187. (r) Hody, 187, from the Lambeth MSS. (s) Ibid. (/) Ibid. HENRY I. 1 A Council is held at Westminster, consisting of the "02. Archb. Bishops, Abbots and " Primates regni." {it) ^'^' March 29. {Easier.) A "Curia is held, which is at- I'os. tended by the " Regni Ingenuitas." {iv) ^'^' A " Curia" is attended by Bishops, Abbots and " Principes." {x) {Ascension Day.) An Assembly of Barons takes ? place, {y) A Council is summoned to London, "edicto regio." hog. The King renews his Charters and obtains the consent of the ^- "■• Assembly to the reduction of Normandy. («) " April 14. {Easter.) A " Curia" is held at Windsor. 1107. The " Principes," or " Proceres terrae" are present. ^',^' The Ecclesiastical proceedings are deferred till Whitsuntide, and then, till August 1, on account of the Archbishop's sick- ness. («) Aug 1. A "Conventus" of Bishops, Abbots, Earls, Barons, " Optimates et Proceres," is held in the King's Palace, London. The subject of Ecclesiastical Investitures is treated, (h) Dec. 25. A " Curia" is held, consisting of Bishops, a. r. " Principes et alii rationabiles et religiosi viri." (c) ^ A " Curia" is held. iios. Various enactments are made relative to the coin &c. (f/) *• ''■■ May 24. ( Whitsuntide) A "Curia" is held at London, iios. New Laws are made enforcing the Injunctions of the Arch- a. r. bishops' Synod against the marriage of the Clergy. 8 June 13. {Whitsunday.) A "Curia" is held at Lon- ii09. don, attended by the Bishops and " regni Principes." ^'g'** Ambassadors from the Emp. Hen. V. demand the King's daughter in marriage. Dec. 25. {Christmas.) A "Curia," attended by the "regnum Anglise, Lundonise pro more convenit." {g) May 29. {Whitsuntide.) A " Curia" is held at New iiio, Windsor, which the King had built, {h) ^'^q' (tt) Ibid. 187-8. Selden, Tit. of H. 731. Eadmer and W. Malmesbury. (w) " Ingenuitas," those well born, or of good extraction. Plautus, Mil. 3, 1. 136, uses the word " ingenuatus" for well born, or conditioned. Hody, 188, from the Lam- beth MSS. (X) Eadmer, cited by Hody, 188. (V) Eadmer, 1. c. 189. (2) Eadmer. M. Paris, anno 1106. Hody, 189. (a) Eadmer, apud Hody, 189. This latter is very obscure here. See Easter at p. 189, and Easter at p. 193. The two meetings are presumed to be one and the same. (6) Eadmer, and other authorities. Hodv, 189. (c) Eadmer, apud Hody, 191-193. (rf) Eadmer and others. Hody, 193. Selden T. of H. 731. R. of Hoveden, p. 472. F. Ed. (e) Hody, p. 193. Selden T. of H. 731. (/) Eadmer. Huntingdon and Paris. Hody, 194. (g) Eadmer. Hody, 194. (Aj Huntingdon. Brompton. Hody, 195, 10 8 HENRV I. nil. Three ffreat " Curise" are held, (i) A. R. * ^ ' 1 1113. Dec. 25. (Christmas.) A "Curia" is held at Wind- u sor. (a) 1114. ^ « Curia" is held with the Bishops and Principes. (/) ^u' " May 1." A " Curia," or Council, is held at Windsor, attended by the Bishops and " Principes Anglise." (?«) 1115. Sept. 1.5. {XVII. Cal. Oct.) A Council assembles at ^16*' Burn, (East Bourn, Sussex) at which are present the King, Archb*' Bishops, and all the Nobility of Eng- land, {n) ? ""Sept. 16." A Curia is held in the Palace, West- minster ; " Omnes Episcopi et Principes totius regni" attend, (o) 1116- March 20. (AT//. Cal. April) A « Curia," or Con- 16 ' vention of Bishops, Abbots, Principes totius regni, (Op- timates et Barones, Comites, Barones et Clerus) assem- ble, by summons, at Salisbury. All present do homage to the King's son William. The dis- ^_ j^ pute between ihe Archbishops is debated, (p) 17 Dec. 28. {F. of St. Itmocetits, " ad Natalicios dies.'') A great Assembly of the King, Queen, Archb. Bishops, Earls, Barons, and a multitude of other Nobles, attend the Dedication of the Abbey of St. Albans, (q) A Council is held at London, in the King's absence, by the Queen, Bishops, Abbots and Nobles, (r) 1121. Jf^n- 6. [Ejnphany.) A " Curia" held at London, is attended by the Archb. of Cant, and the " Principes Regni." (0 Saxon Chronicle. (k) Hody creates, or perpetuates, some confusion of dates in the accounts of this period. The Saxon Chronicle observes, that, an. 1114, the King held his Curia in Christmas at Windsor, and all that year afterwards lield no Curia at all. But Hody quotes this authority, p. 19.'j, and then proceeds to give various meetings in this very same year, 1114. It has been conjectured that, as the meetings whicli he records for this year, on the authority of Eadmer, probably did take place, the Saxon Chronicle may have admitted an error of date. Though this error is not corrected, by the adop- tion of the preceding year, 1113, for the Christmas meeting, the statements of Eadmer thus become consistent. (/) Eadmer. Hody, 10.5. (Ill) iMabncsbury. Eadmer. Hody, 1. c. (n) Having spoken of the Curia held Sept. IG, 1114, Hody says, " ihe same year" a Council was licld at Buriic, on Sept. l."). But as the King's attempt to sail was at this later period, (,17bef. Cal. Oct. S. Cliron:) and he actually went on board on the .2.5th Sept., (7 Cal. Oct.) the Ibrnun- C'lnia cannot well liavc lakcii place at Westminster in this year. He returned from Normandy in tlie July following, 1110, when lie may liave called the meeting for Sept. 10. (o) Eadmer. Hody, IWi. (p) In the Cottonian MSS., this assembly is placed in a. r. 14. But as the King passed into Normandy soon after Easter in this year, and this transaction was just pre- viously to that o•) Eadmer. Hody, 201. 21 27 HENRY I. 9 The King's intended second marriage is sanctioned, (s) A Council of the Bishops and " Proceres," " Regni Sublimiores," assembles at London, in the King's ab- sence, (t) Feb. 2. (Candlemas Day.) The King's marriage is celebrated, "totius Anglise adunato Consilio." {?<) Feb. 2. (F. ofPurif.) A " Curia " or " Conventus" |123. at Gloucester, is attended by Bishops, Abbots, "Pro- 'as.' ceres" (Earls and Thanes), and some Monks of Canter- bury, "ex prsecepto Regis." Corbet, a Secular, is elected Archbishop of Canterbur}^ {w) Dec. (Between St. And. Nov. 30, and Christmas.) A ^'^*- Council of "Proceres" is held at Hundehoge (Leices- 25* tershire). {x) Dec. 25. (Christmas. J A "Curia" is held at Wind- 1126. sor. All the "Nobilitas" of the kingdom, and David K. of Scotland, are present. Jan 1. The " Curia" is removed to London. 'i^^- A. R. The Arclibs . and Legate, all the Bishops, Abbots, and " Princi- 27 pes," do fealtv to the King's Daughter, the Empress Ma- tilda, (y) May 9, 10, 11. (Ad Bogationes.) A Council is held at London. At the same time, the Archb.of Cant, holds a Synod, or Council, at Westminster, [z) May 4>. {IV. Non. Maii.) (Bogation week.) A great "So. Convention is held at Canterbury. "^so"^' David, K. of Scotland, and all the Bishops of England, attend the Dedication of the Cathedral, (a) Septs. (Nativ. of Virgin Mary.) A great "Curia," iisi. " Placitum," or Council, is held at Northampton, at which ^^^ ' are present all the " Principes Anglise." A grant to the Church of Canterbury, is subscribed by eleven Bishops, the Chancellor, sixteen Lords, and many others. (/-) Dec. 25. (Christmas.) The King holds his " Curia" at Dunstable, (c) (s) Eadraerand Cont. Florence, 1. c. (t) Ibidem, 201. («) Hoveden and others, ap. Hody, 201. (w) Simeon Dunelm, Saxon Chron., &c. apud Hody, 202. (x) This was probably only a Court of Justice. Hody, 203. (i/) Hody, 203, who cites the Cont. of Florence, and 4 other historians. (z) Huntingdon and Hoveden. Hody, 3d pt. Hist. Conv. p. .37, says " this is tlie first Ecclesiastical Council that appears to me to have been held at the same time with a Convention of the Nobihty, and yet in a separate jilace." (n) Gervase. Hody, 205.' (6) Huntingdon. Wav. Ann. W. of Malmesbury. Hody, 2pC. [c) Huntingdon. Hody, 206. 10 STEPHEN. 1132. April \Q. {Easter.) A " Curia " assembles at Wood- 32' stock, and afterwards at London, {cl) 1133. Peh. 8. {Beginning of Lent.) A " Curia," or Conven- tion, assembles at London, (e) March 26. {Easter.) A " Curia " is beld in the New Hall, Oxford. (/) May \. {Rogation fVeek, Sunday being April 30. J A " Curia" or Convention meets at Winchester, {g) May 14. {Wldtsunday.) A "Curia'' is held. A Charter to the B. of Exeter is signed by the Queen, two Archb^M thirteen Bishops, the Chancellor, six Abbots, six Earls, sixteen Barons, &c. (A) STEPHEN. (26 Dec. 1135.; 1135. A. n. 1 After his Coronation at Christmas, a general Council meets at Oxford, by summons to the Bishops and "Pro- ceres." The King grants an extensive Charter, wherein, inter alia, the rights and immunities of the Church are secured to the whole body of the Clergy. It is witnessed by the Bishops, the (d) Huntingdon. Hody, 206. (e) Huntingdon. Hody, 207. (/) Huntingdon. Hody, 207. (g) Hody, 207. (h) Hody, 207, who says a MS. Chronicle of good note places this in 1131. At one of these meetings, the King requires the members to renew their oath of fealty to his daughter Matilda, and to bind themselves to recognize the right of her infant son, lately born, to the crown after his decease. Rad. de Diceto (Twysden), col. 505. M. Paris, Walsingham, Ypodigma NeustriiB. The confirmation of the transfer of the episcopal seat from Wells to Bath, as it is given in the Fcedera, is addressed " Omnibus Archiepiscopis, Episcopis, Comits. Vice Comits. Barons, et Fidelibus, Francis et Anglis." In his 33d year, the King is styled Dominus Hyberniae, a title from that date dis- continued, that of Dux Normannia; being retained. The assemblies which have been given in tlie text are those authorised by the historians of the time. The periods at which the King lieldliis Curia, or Court, are more especially detailed in the Saxon Chronicle ; and as, at tliosc periods, there wasgencrally held a great Council amounting almost in power to a Parliament, it may be well to record them here. Anno 1101, the King kept his Curia, at Christmas, at Westminster; at Easter, at Winchester. A. 1102, at Christmas, at Westminster ; Easter, Winchester ; Michael- mas, Westminster. 1103, Midwinter, at Westminster ; Easter, Winchester. 1104, Christmas, at Westminster; Easter, Winchester; Pentecost, Westminster. 110.5, Christmas, at Windsor , at Lent went to Normandy, and in Autumn returned. 1106, Christmas, at Westminster ; Lent, at Northampton ; Easter, at Bath ; Pentecost, at Salisbury; before August, went to Normandy. 1107, Christmas, in Normandy; Lent and Easter, at Windsor; Pentecost, Westminster; and, beginning of August, at Westminster. UOS, Nativity, Westminster ; Easter, Winchester ; Pentecost, West- minster ; before August he went to Normandy. 1109, Cliristmas and Easter, in Nor- mandy ; Pentecost, Westminster. 1110, Christmas, Westminster ; Easter. Mai Iborough ; Pentecost, New Windsor, tirst time. In the years 1111, 12, 13, the King was in Nor- mandv. 1114, Christmas, at Windsor; and held no other Court that year. 111.5, he returned in .luly. 1116, Christmas, St. Alban's; Easter, Odiham. Then he went into Normandy the'years 1117, IS, 19. In 1120, before Advent, he returned to England. In 1121, at Christmas, he held his Court at Braniton ; before Candlemas, at Windsor ; Easter, at Berkley ; at Pentecost, a full Court at Westminster. In 1122, Christmas, Norwich; ICaster, Northampton. In 1123, Christmas, Dunstable; thence removed his whole Court to Woodstock; Candlem.-is, Ciloucester. STEPHEN. 11 Chancellor (Roger B. of Salisbury) the King's nephew, Henry, f'uiir Earis, llobert de Yei-e, and fifteen Barons. («) Easter. A great " Curia" is held at Westminster. ^^^^' The members again swear fealty to the King. (A) j * July, (before August ) A Council meets. The King again confirms his former Charter. (Ij April 10. {IV. Ides April, called Easter.) A Council is nss. held at Northampton, at which are present the Archb. of "^'3^° York, the Bishops, Abbots, Earls, Barons, and all the Nobles of England, {m) June 24!. A Coimcil or Parliament, of "Magnates" 11S9. or " PrimoreSj" assembles at Oxford, to which are sum- ^'^^' moned the B. of Salisbury, and other partisans of Ma- tilda. («) April 7. A Synod is convened by the Bishop, at 1142. Winchester, to Avhich are summoned Deputies from ^',j^' London. The Clergy, " to whom, according to the Legate, the election of a Sovereign principally belongs," acknowledge JNIatilda as such. The Deputies oppose the measure, and urge the release and restoration of Stephen. (0) Dec 7. A Synod meets at Westminster in presence 11^2. of the King. (/?) %"*' ? Feb. 8. (Lent.) An Ecclesiastical Council assembles 1U4>. at London, (q) ""'q^' March 1. (Lent.) A Council is held. ii50. The Earls and Barons do fealty to Eustace, the King's son. (r) ^- "• A general Council is held at London, consisting of the jj^^^ Prelates and Proceres. -^- r. The Archb. of Cant. (Theobald) refuses to anoint and crown ^^ the King's son. The Bishops side with him. (s) Nov. 7. {VII. Ides Nov.) A general Council, or Con- 1153, vention, at Westminster, is attended by the Bishops, 'iq' Earls, and other " Optimates." («■) Huntingdon, Brompton, Knvghton, Malmesbury, Wikes, Riclul., Prior of Hagul- stad. Hodv, '210. (*) Huntingdon, R. de Diceto. Hody, 211. (I) Simeon Dunclm, whom Hody supposes in error, 212. (/«) Continr. of Florence; but Easter day, 1138, was April 3. The Easter, April II, of the preceding year, 1137, approaches nearer to "4 of the Ides of April." (n) The Saxon Chronicle, in Stephen's reign, takes notice of only one Council, which was held at Oxford, anno 1137. This was evidently not that after the Coronation, and seems to coincide with none other besides the present one, which, according to Malmesburv, was held in 1139. See Hody, 213. Hen. Huntingdon, lib. 8. Chron. Gervase, (lid. Twvsden) Col. 1345. (o) Malmesbury, H. N. 1. 2. (p) Malm. 1. c.'; Ann. Wav. p. I.i4. (g) Prior of Hagulstad. Hodv, 58, and H. Conv. P. 3. (r) M. Paris. Hodv, 213. (s) M. Paris. Gervase. Hodv, 213. Pari. H. I. 13. A. R. 1 13 HENRY II. The King adopts Duke Henry as his heir, (t) J 154. January. {Epiphany week.) A Council is held at ■*j9** Oxford. The Earls and Barons of England, swear fealty to the Duke, saving to the King his royal dignity during life, (w) 1154. Sept. 29. [Mich'- Day.) A Council is held at London. ^\^' The Bishops, Abbots, and Priors of the Province of York, and the " Optimates Terrse," are present, {w) HENRY 11. (19 Dec. 1154.) 1154. At his Coronation, a Convention is held of the Arch- bishops, Bishops, Earls, Barons (Anglici et Transmarini) in the presence of " an immense multitude of people." {x) 1155. March 27. [Easter.) A general Council, or Conven- ^'y' tus, meets at Walingford, and is composed of the "Prse- sules et Principes totius Anglise." The King's two sons, William and Heni-y, are declared his heirs, {y) 1156. A Council is held. A. R. The King commands the Laws of his Grandfather to be in- ^ violably kept throughout the kingdom, {z) 1157. July 17. (XVI. Cal. Aug.) A Convention atNorth- ^\^' ampton,is attended by the "Prsesuleset Principes Regni," eight Bishops, twelve Abbots, and many other foreign and English Nobility, and *' inferioris ordinis Pe?- soncB." (a) {t) R. de Diceto. Brompton. Gervase. In the Foedera, is the agreement at West- minster between Stephen and Henry, dated, a. r. 18, 1153. The Historians differ a. to the place where this took place. Gervase says at Winchester, M. Paris and M. West- minster say at Walingford. Hody, 214. (u) Gervase. (!«) Gervase. Brompton. Hemingford. Hody, 214. On the reign of Stephen, the Report on the Dignity of the Peerage states, "according to the testimony of history, from some time in the 4th year of his reign, the accus- tomed assemblies even of the Curia Regis ceased " (p. 41 ). During this and the pre- eeding Reigns, there did exist some legal constitution of a government, of which a Legislative Council (for some purposes at least ) formed a part; and particularly, that all Impositions and Exactions by the mere autliority of the Crown, not warranted by the existing I, aw, were reprobated as infringements of the just rights of the subjects, thougli the existing' Law left a large portion of the King's subjects liable to Taltage impofcd at the will of tlic Crown ; and the Tenants of the Mesne Lords were in many cases exposed to similar exactions." With the reign of Stephen, the Saxon Chronicle ends. (i') Gervase, and Hody cJlii) from him, says this took place, Dec. 17. See the autho- rities to the contrary in Sir Harris Nicolas, Chron. of Hist. 282. ( V) Gul. Ncubrigg. Lib. ;i, alludes to a previous Assembly of the St;ites, by advice of which the King revoked the grants of Crown Lands made by his predecessor. Gervase. Hody, 217. Pari. H. I. 14. (s) Hoveden. Hody, 1. c. (n) Gervase. Hody', 1. c. HENHY II. 13 April 20. (Easter.) A Convention is held at Wor- I'^s. cester. \ ' The King and Queen are a second time crowned, and offer their Crowns on the Altar, (b) Dec. 25. (Christmas.) A "Curia" is held at Wor- ^•^«' cester. (c) A Council is held. ii62. Thomas Becket, the Chancellor, the Bishops and Abbots of '^'g^' all England, do fealty to Henry the King's son. (d) March 8. (Fill. Ides March, called Lent.) A great 'i^^. Council is held in the Chapel of St. Katharine, Westmin- ' '9 * ster. The two Archbishops, nine Bishops, five Abbots, two Archdeacons, three Earls, three Barons, and other Optimates, and the Earl of Leicester, Justiciary of Eng- land, are present, (e) A Council at Westminster, is composed of the Arch- 1164, bishops, and Bishops of England. {/) Jan. 13. (Hila7-y Day ) A great Council at Claren- lies, don, is composed of the Archb^-' Bishops, Abbots, Priors, \q' Clergy, Earls, Barons and Proceres. John of Oxford, the King's Chaplain, presides by the King's command. On the 25th (8 Kal. Feb.) the Constitutions of Clarendon, relating to the subjection of the Clergy to the Secular power, are adopted. In one of these Constitutions, it is declared, that all Arch- bishops and Bishops, " et universre personcB regni qui de rege tenent in capite" hold their lands of the King by Barony, and are consequently obliged to serve the K. as other Barons, and to attend his Courts (or Parliaments) in all cases, excepting only where judgment as to life is to be given, {g) (6)Hoveden. R. deDiceto. M.Paris. Hody, p. 139, states this occurrence upon these authorities ; but, at p. 219, places it at Christmas, and at Worcester. (c) In the text, this last Curia is retained upon the grounds of probable occurrence. id) R. de Diceto. Hody, 218. (e) R. de Diceto. M.Paris. Brompton. Hody, 218. This meeting is said to have been held in Lent, on the day named. But Ash Wednesday was on the Gth Feb. in 1163, and Mid Lent Sunday, March 3. There is some doubt as to the year, whether 1162 or 3. The general term. Lent, will not admit any precise determination of the question, as, in 1162, Midlent Sunday was on the 18th, and, in 1164, on the 22d March, all including the day named. (/) Gervase. Hovedensaj'S 1164. (g) M. Paris. Gervase. Hoveden. M. Westminster. R. de Diceto. Hist. Quad- ripartita. Hody, 220, &-c. Pari. Hist. L 14. " This, say the Eds. of this last work, comes the nearest to a Parliament of any thing we have yet met with." The Eleventh Article of these Constitutions provides as follows : " Omnes .\rchie- piscopi Episcopi et universje personje Regni qui de rege tenent in capite, habent pos- sessiones suas de Dno. Rege sicut Baroniam, etinde respondent Justiciis et Ministris Regis, et secuntur et faciunt omnes rectitudines et consuetudines regias, et sicut Baro- nes cieteri debent interesse judiciis curie Di. Regs, cum Baronibus, usq. ; perveniatur in judicioad diminutionem membrorum vel mortem." There are strong grounds for presuming " that owing suit to the King's great Court rendered the Tenant one of the King's Barons, or Barons of the Kingdom ; and that all such were properly members of that Court, though probably none attended who were not specially summoned." " The general words, Proceres Regni, &c., might be intended to include only the Jus- ticiar, Chancellor, and Justices, and others who appear alwa; s to have been considered A. R 14 HENRY II. ^'66, Oct. \^i Thursday. A great Council is held at Nortli- 12 " ampton, by summons to all who hold of the Kiui^ in chief, namely, all the Prelates and Nobles (Proceres) Bishops, Earls and Barons. By the King's permission, the Prelates consult apart on the accusation of Archb. Becket. The King and " Principes" by themselves. The Archb. is condemned to banishment on the last dajs Tuesday 18. {h) 1168. A great Council in London, is attended by the "Prse- sules et Prselati et Proceres." By their advice, a Letter is addressed to the Pope and Cardi- nals, against their support of the Archbishop, (i) 1169. April 20. {Easter.) A " Curia," or Council, is held 15 ■ at Windsor. All the Bishops and Magnates, and Wil- liam K. of Scotland and his brother David, attend. Certain Abbots and Clergy, Earls and Knights, are sent into all parts of the country with articles of Inquiry into the mis- demeanors of Sheriffs and other Officers, (h) June 11. {Barnabas Day.) A great Council, com- posed of the Archbishop of York, of ail the Bishops, all the Earls, Barons, and " Nobiliores regni," the King's Free Tenants, the Sheriffs, Overseers of the King's De- mesnes, the Aldermen (Reeves), with their Sureties (Fidejussores), meets, by summons, at London. The subject of the late Inquiry is discussed. members of the King's great Covirt and Council." Report, D. P. pp. 44-5. " Tlie Constitutions do not, however, expressly mention anylobligation on these Ecclesiastics to attend in any Legislative Assembly, unless the Curia Regis then assumed Legisla- lative, in addition to their judicial powers," (p. 46). " Of every Legislative Assembly afterwards convened, the Archbps. and Bps., and certain Abbots and Priors, formed a part; tho' the Clergy when they submitted to taxation as Clergy, and not in respect of their Lay Fees, generally taxed themselves separately ; in later reigns, in a species of Convocation, to which others of the Clergy besides the Prelates, were called as Repre- sentatives of the whole body," The Curia Regis used as the word " ParUamentum " in time of Edw. I. would denote the King's ordinary Court of Justice, together with which might be convened an extraordinary Legisl. Assembly, summoned for particular purposes, by the King's Mandate, of which the Curia Regis, as composed in the ordi- nary discharge of its functions, might form apart " &c. (p. 46). (h) There is much difficulty with regard to this and the former meetings. Hoveden places the Council at Westminster in 1164. The meeting at Clarendon, then, would be in the year 1165. But the present meeting could not be in the years 1164 or 1165, as Thursday being the 13th October, Sunday would be on the 16th, which can only oc- cur in 1166. This tlierefore must be the right year, whatever may become of the pre- ceding dates. It is rendered more certain that the date now assigned is correct, as the Archbishop's escape is dated 1166, and he would not have remained at home nearly two years, under his sentence, as he must have done had the year usually assigned for liis sentence, 1164, been the true one. Hume, I. 280. (Kd. Lond. 1762), quoting Fitz Stephen. ]>. 46, says "This Historian is supposed to mean the more considerable vassals ol the C hief ISarons. These had no title to sit in the Great Council, and the giving tliem a pUuc there was a palpable irre- gularity ; which, however, is not insisted on in any of ISeckefs remonstrances." Is not this rather a proof that there was no irregularity ? The same question may be asked on his observation, that "several Nornuui Barons " were irregularly jiresent. The date here is on the authority of Seldcn, i I'.VA ), wlio says, the great Coiuicil held at Northampton was in 1165, and the 11th year of the King's reign. All Tenants in Chief were summoned. (i) M. Paris. Hoilv, 2.11. (k) Brompton. Benedict Abb. Peterb. (Ed. Hearne T. I) Gervasc. Hody. 231. HENRY II. 15 June \5, Sunday. {XVJI.Cal.JuUi.) The King's son, Henry, is crowned by the Archb. of York. June 16. The King- of Scotland and his brotlier, tlie Earls, Barons, and " Nobiliores" do homage and fealty to the King and his son. (/) Aug. 10. A general Council is held by the King at '^^^* Lismore, in Ireland. is ' The liuws of Kngland are adopted, and their observance is confirmed by the oaths of ail present, (to) June 29. (st. Peter and St. Paul.) A great Council i^'^^- is held at Gloucester. The two Kings, the Princes of 21 ' Wales, the Earl of Gloucester, and other " Magnates " are' present, (w) Aug. 10. [St. Lawrence Day.) A Council is held at York. "William K. of Scotland, and all his Bishops, Earls, Barons, Knights and free Tenants, do homage and swear fealty to the King and his Heirs. (0) Oct. 0. (^Octaves of St. Michael.) A Council meets at i'''5. Windsor. The King and his son, Richard, the Arch- bishop of Canterbury and the Bishops, Lawrence Arch- bishop of Dublin, the Earls and Barons of England, are present. The K. first appoints an Irish Bishop, (ji) 1176. Jan. 26. ( VII. Cal. Feb., day after St. Paul.) A great Council is held at Northampton, at which are present the King's son, the Bishops, Earls and Barons, and the King's " Knights and Men." Also the King of Scotland, with certain of his Bishops, Abbots, and Priors. Itinerant Justices are appointed for every part of the King- dom. The Constitutions, or "Assizes," of Clarendon, are con- firmed, (g) A Council, or Parliament, is held at Winchester, be- fore the Archb. of York, the Bishops and Magnates regni. {r) (/) There is much difficulty as to the date of this meeting. Hoveden says die Dominica, qu£e evenit 17 Kal Julii. Now Sunday, June 15, could only occur in the year 1169, an.l the preceding Easter meeting, of which this was a consequence, must have occurred in the same year, and not in 1170 as it is given in Hodyfrom Brompton. There is also some doubt as to the place where this coronation took place. The Pari. H. I, quoting Knyghton, places it at York, in 1 171 a. r. 17— but this seems an evident confusion of dates. {m) Paris, Hody, 233. {n) Brompton. Hody, 1. c. (o) Brompton. Hoveden. R. de Diceto. Ilody, 234. (p) Hoveden. Brompton. Bened. Ab. Hodv, 234. (,q) R. de Diceto. Bened. Ab. Hoveden. M. Westminster. Brompton. Hody, 234. Speaking of the year 117G, Hume, 1, 318, note, says " It was usual for the Kings of Eng- land after the conquest of Ireland, to summon Barons and members of that country to the English Parliament." But he otfers no proof on the subject. (r) Brompton. Hody, 239. 21. 2-2 16 HENRY 11. May 25. {VIII. Cal. Junii.) A Council meets at London, and is composed of the Cardinal, Archbishops, Bishops, principal Clergy (Cleri Proceres), Earls, Ba- rons and " Sapientores regni." They considei- the proposal of marriage of the K. of Sicily with Johanna, the King's daughter, (s) Sept 2Q. {Michaelmas.) A Councilis held at Windsor. An order is made for the surrender into the King's hands of all the Castles of the great men. (if) ^^'^' Jan. 14. {After St. Hilary.) A general Council is 23 ' held at Northampton, at which are present the Bishops and " Magnates terrse." {u) March 13. ( 1 s^ Smiday in Lent, or Post caput Jejimii. ) A Council assembles at Westminster. There are pre- sent the Archbishops, fifteen Bishops, many Abbots, Priors, Deans and Archdeacons, and the Earls and Ba- rons of England. An arbitration it made between the Kings of Castile and Na- varre, {iv) April 24 aftd June 12. {Between Easter and Whitsun- tide^ A Council held at Ely, is attended by the Archb. of Cant., the Bishops of Bath and Norwich, many Earls and Barons. The same is transferred to Windsor. The Earls, the Barons and Knights of the King's " privata familia," attend with their Service. To them is delivered the custody of the castles. (.?■) A Council is held at Oxford, by the King, Bishops, and " Principes regni." The Princes and Nobility of Wales attend and swear Fealty to the King. His youngest son, John, is created King of Ireland, which country is divided into Knights Fees, (y) 1179. April. {A little after Easter, April \.) A Council held 25 ' at Windsor, is attended by the King's son, the Arch- bishops, Bishops, Earls, and Barons, {z) Twenty one Justices are appointed, " ad audiendum clamores populi, etad faciendam justitiam," throughout the country. 1180. Dec. 25. {Christmas.) A Curia or Council meets at Nottingham. W, K, of Scotland and many of his " Magnates,'' are present. («) (j) R. de Diceto. Hoveden. Brompton. Hody 239. (t) Brompton. Hody 1. c. (7i) Hoveden. Brompton. Hody 1. c. (!/i) Uoveden. Brompton. R. de Diceto. Paris, who places this meeting in 117G, reckoning the year from March 25. Bened. Ab. Hody 241 (x) Brompton. Hody 242. ly) Hoveden. Brompton. (i) Hoveden. Hody, 243. {a) Brompton. Hody, 244. A, 27 A. R. 33 A. K. 34 TiICHARI) I. 17 A Council lield at Bishops Waltham, is composed of ^^^'' the " Majores" regni. B_v their advice, the Kinsr contributes largely from his Trea- sures to the relief of the Holy City. (6) A great Council is held at Winchester, at which are nss. present the King-, and almost all the Bishops and Abbots, ^g "' They assemble to receive the Patriarch and Master of Jerusa- lem, (c) March 23. fX. Cal. April.) A Council at Clerken- well is attended by all the Clergy, Nobility and " Fi- deles" of the kingdom. The defence of the Holy Land against Saladin is considered. ((/) A great " Curia,'' or Council, is held at Clarendon by usr. the two Kings, Ranulf de Glanvil, Chief Justiciary, the Dean of York, Archdeacon of Hereford, three or four other Archdeacons, (the King's Justices,) one " Magis- ter," and another, and other Barons and " Fideles." (e) Feb. \\. {III. Ides Feb.) A great Council, or Assem- iiss. bly, is held at Gaitington, (near Northampton). The Archbishops, Bishops, Abbots, Earls, Barons and many others " Clergy and Laics," " Prsesules et Principes," are present. They deliberate on taking the Cross. (/) RICHARD I. (H Sept. 1 189.) Sept. 3. At his Coronation are present the Archbi- nso. shops, all the Bishops, Abbots, Priors of Conventual ^ i' (b) R. de. Diceto. Hody, 1. c. (c) Ann. Winton. Uodv, 24.5. (d) Paris. (e) See authority, Hody, 247. The Report on the Peerage (notes 11-14 p. 4.54) says. The words " Barones Regni," in our imperfect copy of the Constitutions, may have in- cluded every Lord of a Fee; but the Constitutions involved the interests of every person in the kingdom." (/) Hoveden. Brompton. Gervase. Wikes. Wav. Ann. Benedict. T. II. Hody 245, who, p. 248, refers to another " Curia," consisting of Barons, cited in a Char- ter to the Church at Westminster. The Fcedera, Vol. I. contain a Bull of uncertain date, from Pope Alex. III. to this King. It is entitled, "Papa? Bulla qua statuit ne Rex detriraentum accipiat ex ordi- natione, nuper stabilita, de mittendis omnibus Archiep. et Epis. ad celebrationem Con- cilii." It is as follows— Ex tenore literarum tuarum accepimus, quod habito .-Vrch. et Epis. et Com. quoq. et Baron, regni tuo Concilio, proposuisti omnes Arch, et Epis. ad celebrationem concilii satis plenario destinare, quod utique nos gratum acceptumq. tenentes, turn tibi quam concilio tuo uberes gratiarum exsolvimus actiones. Statuimus ut propter hoc tibi aut posteris tuis, nullum dctrimentum vel incomraodum debeat pro- venire ; neque occasione ista nova consuetudum regnum tuam possit induci, vol ipsius regni dignitas aliquatenusminorari." Dat. Paris XV. kal. April. It is not easy to refer this to its proper date, unless the Const, of Clarendon are in- tended, and unless their enactments comprise the " Nova Consuetiido." There is also a Bull of the same Pope (xji. Kal. Oct.; to Chiistianixelhe Irish, whose vices and enormities are described. D A. R 18 RICHARD I. Churclies, Earls, Barons (regni Magnates), Kniglits and others, " tarn Clericorum, quam Laieorum," who, " ac- cording to what became their nobility, are splendidly entertained." {g) Sept 15. {XVn. Cal Oct.) A Council held at Pipe- well (Northamptonshire), is attended by the Archb«'» Bishops, Abbots, Priors, the Archb. of Dublin, the Irish Bishops, and " Magnates regni." (A) October. A Council is held at Westminster or London, by summons to all the Bishops, Earls and Barons, {i) Nov. 29. (///. Cal. Dec.) A Council meets at Can- terbury. The Archbishops, Bishops, Abbots, Earls and Barons; and David, K. of Scotland, are present {k) 1190. A Convention of Bishops and Proceres is held at Northampton, in the King's absence. (/) 1192- Oct 4>. {Sunday after MicJf- ) A Convention of Arch- bishops, Bishops, Earls and Barons, meets at Loddone Bridge, near Reading, in the open field. - They take nieasiues against the Vice-Roy, or Procurator, Longchamp, B. of Ely, (Chancellor and Legate.) (m) The meeting removes to the Chapter House of St. Pauls, Lon- don, where all the Assembly swears fealty to the King, (h) Another Convention, or "Colloquium," is held in the Tower of London, at which are present the Earl of (g) For many difficulties connected with the commencement of Richard's reign, see the able disquisition of Sir Harris Nicolas, Chron. of History, p. 284, &c. The Char- ters granted by this King are, for the first time, dated with the Kcgnal year. The Foe- dera (n. e. p. SI) contain one dated at Westm. Oct. 6, "in the first year of my reign." The grant of the Cliase through all Somerset, to Rainer B. of Bath, is addressed to the Archbs., Bishops, Abbots, Earls, "et omnibus Fidelibus nostris," 20 d. Nov., a. r. 1. There are many other documents of this year. The Laws made for the government of the Fleet, "de proborum virorum consilio," were probably sanctioned by the King's ordinary Select Council. (Rep. 49.) No mention occurs of a Cireat Council, or any Legislative Assembly. The last noticed Ordinance was tested by the King, " apud Chinonam." The convention between Richard and Philip was, " Anno Incar- nati verbi," 1190, March. The exchange between Richard and Walter Arch. Roto- mag, (Feed. p. G8)is more specific, Anno Incarnationis, 1197, 17 Oct., an.r. nostri ix., and accords with the Regnal Table. It is probable (says the Report, p. 49) that many documents of Richard are lost. (A) Paris. Hoveden, who gives a list of the Bishops present. R. de Diceto. Bromp- ton. Gervase. Hody 252. (!) Paris. Hoveden. Brompton, who for the first time uses the word " Parlia- ment." He places the meeting at- London j Hoveden, at Westminster. (A-) R. de Diceto. Gervase. (I) Gervase. Hody, 2.54. {m) The year of this meeting is uncertain. The King left England, says Stowe, March G, 1190, and at .Midsummer, 1190, meets Philip at Vezelai. At Messina, he ar- rived in September, and remained all that winter, and Ai)ril, 1191, sailed for Cyprus. It appears from Hoveden, Bcned. .Vbb., Diceto and Brompton, that during his stay in Europe, the King hearing of the conduct of Longch-amji, had sent orders, appointing a Council to attend him, without whose advice he was to take no important measures. The present convention may have had reference to such proceeding. The various acts of the Bishop seem to require a longer time than would be allowed by placing it in the vreceding year, and Gervase gives 1192. Hody 255. UO R. de Diceto. Hody, 1. c. RICHARD I. 19 Moreton, the Chancellor, the Archbishops of York and Rouen, the Bishops, Earls and Barons. Thev depose tiie Vice-Roy. (o) Several Meetings of the Ecclesiastics and Seculars are H93. held on the subject of the King's ransom. (/>) Feb. 10 A Convention held at London or VVestmin- ''9''' ster, is attended by the Archb. of Canterbury, the Bishops, ' 5'' Earls and Barons. They make a decree against the E. of Moreton. (q) March 30. [JVednesday.) A Council or "Collo- quium" is held at Nottingham. The King, the Q. Mother, Eleanor, the Archb*-' and others, " Clerici et Laici," are present. Sat., April 2, is the last day of the Council. (;) j^prili). A Council assembles at Northampton, at- tended by the King, the Queen Mother, the Archb. of Canterbury, Bishops, Earls and Barons, and by the K. of Scotland, the B. of Glasgow and other Scots, (s) April 17. The King is crowned, a second time, at Winchester. A Charter is granted to the King of Scotland and his Heirs forever, that whensoever, upon the King's Summons, thej'should come to his " Curia," they should have safe conduct from County to County, and a certain sum for expences ; namely, lOO*- per diem from the King's entrance upon the borders, till his arrival at the place of meeting ; SO^- per diem, during his attendance in Parliament (exclusive of an allowance of cakes, wine, candles, &c.) ; and lOOs- per diem, on his return, till he reached the boi-- ders of the Tweed, {t) Dec. 7. A Convention (in the King's absence) is held 1197. by Hubert, Archb. of Canterbury, at Oxford. It is com- ^•^' posed of Bishops, Abbots, Earls and Barons, (u) May SI. (Octaves Clause of Pentecost. J A Council 1193. is held at London, to which are summoned " Omnes ser- •^- ^* vientes Regis, audituri et facturi prseceptum Regis." (iv) (o) R. de Diceto. Hemingford. Hody, 1. c. ip) R.de Diceto, Brompton, Ann. Wav., Hoveden, Hemingford, Gervase. Hodv,"25C. (?) Hoveden. H. 257. (r) The King returned on St. Gregory's Day, March 12. MS. Chron. Lambeth. Another, however, says, Sunday after F. St. George, April 23, which must be an error, Selden places his return m May Hody 257-8. (*) Hoveden. H. 2.59. (t) Hoveden. Gul. Neubrig. M. Paris. H. 2G0. The term " Curia" employed by Hoveden, seems to fix its meaning, as the K. of Scotland would scarcelv take so long a journey to attend a Select Council, or ordinary Court of Justice. (u) Gervase. H. 1. c. {iv) Hoveden. H. 1. c. Hoveden and M. Paris take notice of certain laws concerning weiglits and measures, &c., made at Westminster, on St. Edmund's day, an. 1197, with the consent of the Archbs., Bishops, Abbots, Earls, Barons, and Knights of the whole kingdom, at the instance of the Archb. of Cant. " AngliK Justiciarii." But, says the Report, 1. 49, no Legislative Assembly is noticed. 20 lOHN. lOHN. (27 May, 1199.; 1199. "^Jay 27. At Ins Coronation, at Westminster, were ■^'i'*' present the Prelates, Earls, Barons, and a multitude of other Nobles, {x) A " Curia" at Westminster, is attended by the Archb^-' "et Magnates." {y) 1200. Nov. 22. A Curia is held at Lincoln, to whieli are ^'■^' summoned all the Nobility, Clerical as well as Lay, of England and Scotland. The K. of Scotland does homage- {z) A Council is held, at which was decided the contro- versy respecting a Barony, " Consilio Regni et voluntate Regis." (a) 1204. jQfi, 2. (Morroiv of Circumcision.) A " Colloquium " *'5*' is held at Oxford. The Archb. of Canterbury, Bishops, Abbots, and " Magnates regni," are present. The Laitv grant an aid, and the Clergv promise to consider of it. {b) ' Jpril 25. (Easter.) A "Common Council of Barons" is held at Winchester. An Assize of Bread is made. (ud Brady, App. Introd. p. 12. Hody, 307. 8. The King's Letter on this grant is tested, Westm. \l April, A. k. 1.5. {g) M. Paris. This meeting is introduced as a great Assembly of the States, though scarcely to be called a Council, or ParUamcnt. HENUY III. 29 laid in Chief, declare, that as they had personally served abroad, " de jure auxilium non debebant." They are permitted to de- part. The Prelates object that many of their members sum- moned are not present, and they desire further time. The meeting is prorogued to fifteen days after Easter, April 25, at Lambeth, where the Prelates " cum Proceribus regni," assem- ble at the stated period, (h) August 8. {Before the Vigil of St. Lawrence.) A *' Colloquium," held at Shrewsbury, is attended by Le- welin, P. of Wales. (?) Sept. 14. A "Colloquium" is held at the King's Mansion, at Lambeth. The Bishops, Abbots, Priors, Clergy, Earls and Barons (Proceres) are present. A Subsidy is granted by the Archbs-. Bishops, Abbots, Priors, and Clergy "terras habentes quae ad Ecclesiam non pertinent," also by tlie Earls, Barons, Knights, Freemen and Villains of England, (k) May. A Council of Magnates is held. ^-33- An Ordinance forall England, "de pace conservanda," is agreed 'yj ' on, and, June 1, is sent to all the Sheriffs. (/) June 24. (F*' of St. John.) A "Colloquium'' is or- dered, by summons, to Oxford. The Earls and Barons refuse to attend. A second summons is issued for a Council at Westminster, on the 1 1th July (V. Ides July), which they again refuse to obey. They declare they will never obey the King's summons and will elect a new King, un- less he dismisses the B. of Winchester (in May appointed Chan- cellor for life) and the Poitevins from his Court, {m) August 1. A fresh summons for a "Colloquium" having been issued, commanding the Barons to bring pledges for their good behaviour, the Earls and Barons appear in military array. As many are still absent, no business is transacted. The King proclaims them ba- nished, and proscribes their estates, {n) Sept. 12. {Mo7iday after Nativ. Virg. M.) A Council assembles at Colewent, to meet that of Lewelin. (o) (A) M. Paris. Hody, 308. (i) Foed. 16 H. III. (k) Feed. 1. c— M. Paris. Ann. Wav. 1232. Hody, 309. The Foedera shew that this grant was made by the Bishops, Abbots and Clergy "terras habentes &c.," and by the Earls, Barons, Knights, " Liberi Homines et Villani de regno." It is difficult to conceive in what sense these persons can have concurred, unless others were constitutionally authorized to act for them. It may be inferred that the Proceres, with the Prelates, represented all the Land, if not the commercial interest of the Country, and that the Proceres were the King's Tenants in Chief, of whom all other occupiers must have holdcn mediately, or immediately, and in this character they might have taken upon them to charge themselves and those holding under them. The grant was thus made by the Persons by whom the framers of the Charter of John, con- ceived such a grant ought to have been made, provided they were duly summoned. Report, I p. 83. (I) Feed. 17 H. III. (?«) M. Paris. Hody, 310. Cotton says, " the Summons is extant in a Plea Roll, 18 H. Ill, but the Ordhiances arc lost." (n) M. Paris. Hodv, 311. (o) Feed, 17 H, HI.' 30 HENRY III. Oct. 2. [Sunday after Mich^- Day.) A Council, or " Colloquium," is held at Westminster. (/>) 1234. jc^p/,^ 2. {Candlemas Day.) A "Colloquium" is held is' at Westminster, [q) April ... A Council, "Colloquium," meets at West- minster. The Archb. of Canterbury, Bishops, Earls, and Barons are present. The Archb. threatens to excominunicate the King, unless he alter his courses. The King assents to their demands and dis- misses his Counsellors, (r) June 4>. {Sunday after Ascension day.) A " Collo- quium" is held at Gloucester. The disinherited Barons are restored to favour, (s) Oct. 12. {Thursday after St Dionysius.) A Council is held at Tevvksbury. An Act passes concerning Bastardy, (l) 1235. Feb. ... A Council, " Colloquium," is held. The \q' Bishops and " Magnates Regni," are present. The marriage of the King's Sister, Isabel, with the Empr- Frederic is discussed, (u) July ... A Council is held, consisting of Archb^-* Bishops, Abbots, Priors, Earls, Barons, and of all others who hold in chief of the King. A large gi-ant is made, (v) Jidy 23. {Morrow of M. Magdalen.) A Council meets at Woodstock. The Shei-iif of Oxford is commanded to send from his County all the Abbots and Priors who do not hold of the King in Capite by IMilitai-y Service, of all Orders, except the Cistercians, and Pra;monstratenses, {w) Jan. 23. {Morrow of St. Vincent.) A " Curia," or 2o"" Council, assembles at the Monastery of Merton (Surrey). The Archb®- Bishops, Earls, and Barons, attend. The Statutes (Provisions, Assisa vtl Dictum) of Merton are enacted, (a) (p) M. Paris. Hody, 1. c. (q) M. Paris. Hociv, 1. c. (r) M. Paris. Hody, 312. (s) M. Paris. Hody 1. c. — But Writs appear in the Feed, tested 20 April and 15 May, for Service at Portsmoutli on the Festival of the Ascension, June 1, A. R. 18. yt) Selden ; Tit. of Honour, Tbl), from the Plea Rolls. (?«) M. Paris. Hody, 1. c— But theContract in tlie Feed, is tested 22 Feb. A. u. 20. (V) Close Koll, A. 19. The writ for levying is tested, 17 July. (!/') 01. Roll, 1!) H. III. M. 7. Hody, .313. (a:) M. Paris. Knvghton. Ann. Burton, 287, MSS. Lambeth. In one of these the year is 21, in all others 20. Hody, 314. The Pari. Hist., I 32, says "These Sta- tutes have ever since been a part of the Statute Law of luigland." According to the Report I.4G0) " the Language used to describe the authority by wliich these Provi- sions were made, shews that for making laws similar to lliosc I'lcivisioiis containing no (Jrant in the nature of an Aid to the Crown, a Convention of I'relates, Earls and Barons, had sufficient authority to signify the common assent to such a legislative Act." 1236 HENRY III. 31 April 28. {IV. Cal. Man.) A " Colloquium," at London, is attended by the Arehb''- Bishops, Abbots, Priors, other " Ecclesiasticse Persons," and the " Mag- nates." They grant an aid, (y) June 8. {VI. Ides Junii.) A Council of " Magnates" meets at Winchester, {z) Jan. 13. {Octaves of Epiphany and Hilary Day.) A 1237. great Council, at Westminster, is attended by the Archb'*-' '^^f ' Bishops, Abbots, Priors, Earls, and Barons of all the Kingdom. The King confirms the Charters. The Prelates and Clei-gy "terras habentes quce ad Kcclesiam non pertinent," the Earls, Barons, Knights, et "Liberi Homines" "pro se et suis Vil- lanis," grant a thii-tieth part of their moveables, (a) June. ... A Council, at Worcester, is attended by David, son of Lewelin, P. of Wales. (6.) Sept. 14.. (ExalV^- of the Cross.) A Council is held at York. A " Finalis Concordia inter Anglite et Scotise Reges " is sub- scribed by the Archb. of York, 5 Bishops, 14 Earls, 24 Barons, Scotch and English, in the presence of the Pope's Legate, (c) Feb. 17. (Begiiining of Lent.) A Council is held at 1238. London. The " Magnates " attend in arms. ^22"' After long debates, the King takes an oath to be governed by a certain number of " Grave men," to be appointed for that pur- pose, {(l) April 13. (Tuesday after Octaves, Clause of Easter. J A Council is held at Oxford. The Magnates of the Marches and the Councillors of Lewelin attend, (e) Jan. 13. fOct. of Epiphany.) A Council is held at 1240. London. The Archb^-' Bishops, many other " Mag- ^•^' nates," and the Legate are present. The Bisho])s exhibit Thirty Articles against the King for Violations of Magna Charta. (/) Oct. 10. (Tuesday before St. Dunstan.) A Council is held at Gloucester. I/") M. Paris. Pat. 20 Hen. Ill M. 8., ap. Prynne, Eccl. Jur. 2. 47.3. Hody, 316. (X) M. Paris. Hody, 1. c. (,a) M.Paris. Hemingtord. CI. Roll a 21, Prynne, Eccl. Jurisd. 3. 64 Hody, 1. c. " This grant, says tlie Kcport (I. 8.i. 6. 9) was made in conformity to the Charter of John, supposing that Charter to extend to all the Tenants in Chief and not to be con- fined to Military Tenants, though how their attendance was required does not appear. But the Clause of John was abandoned, and no legislative provision had been substi- tuted." (6) Feed. 21. H. III. (c) Feed. I.e. M.Paris. Hody, 319. (rf) M. Paris. Hody, 320. (e) Feed. 22. H. HI. (/) M. Paris. Hodv, 1. c. A. n 25. 32 HENRY 111. A Convention is made between the King, and David, son of Lewelin. (r/) Dec. 1. (Octaves of St Andrew.) A Council is held at London. The Legate, David, son of Lewelin, and others, are present, (h) 1241. March 17. (Sunday before Palm-Sunday.) A Council 25 ' is lield at Shrewsbury, at which David is commanded to appear. Some of the English Arbitrators being absent, the meeting is prorogued to June 16, one month from Pentecost, (i) Dec. 25. A " Curia," is held at Westminster, [k) ^~*2- Jan. 28. {Tuesday before Purif'^- 15 days after St. 26 Hilary.) A great Council, holden at London, consists of Archbishops, Bishops, Abbots, Priors, Earls and Ba- rons, (omnes Anglise Magnates). They are convened by the following writ of summons. Rex &c., salutem. — Mandamus volJis rogantes quatenus sicut nos et honorem nostrum pariter et vestrum diligitis, et in fide qua nobis tenemini, omnibus aliis negotiis omissis sitis ad nos apud London, a die St. Hillarii in 15 dies, ad tractandum nobis- cum, una cum cseterisMagnatibus nostris, quos similiter fecimus convocari, de arduis negotiis nostris, statum nostrum et totius regni nostri specialiter tangentibus, et hoc nullatenus omittatis. Teste Meipso apud Windlesoram 14 die Decembris." After a long debate, the Bishops, Abbots, Priors and Barons, refuse the King's demand of an aid towards the war with France, and send a written protest. (/) 1244. Jan. 13. (3 weeks before Candlemas). A great Coun- cil, held in Westminster Hall, is attended by the " Mag- nates totius, Regni," Archbishops, Bishops, Abbots, Priors, Earls, and Barons. The Clergy and Nobles deliberate separately. By common consent, a Committee is appointed to draw up certain Articles to be agreed to by the whole Assembly, regulating the King's conduct, and the nomination of his Chief Alinisters, &c. The community of Clergy, Earls and Barons, give a joint answer, which being disliked by the King, the Meeting is adjourned for 3 weeks to Candlemas Day, Feb. 2. Feb. 2. The adjourned meeting assembles. Proctors attend for the 2 Archbishops, and for 3 vacant Bishop- ricksj sent by the Chapters. The King promises to observe the Liberties he had sworn to at his Coronation. A scutage of 20s., for every one that held (g) Feed. 24. H. III. (A) Feed. 1. c. (?) Feed. 2.5 H. III. ik) M. Paris. Hody, 321. Id Rep. Ill ap. I. M.Paris. Hody 321. The Term " Baronagium" was applied to the whole Assembly, and was aftcrw"ards applied to that authority, by which, it was acknowledged. Taxes might be imposed on the People. Rep. I. H!». The written Protest of this Parliament is the first thatoccursin History. 28 IIENKY III. 33 by Barony, is granted for the marriage of his eldest Daugh- ter, (m) Nov. 3. {Morroio of All Souls.) A Council of " Mag- J^S'i*- nates" is held. W They refuse an aid against the Welsh. («) March 2. {Morrow of " C meres.") A Council is held isis. at Westminster. David, son of Lewelin, and other %q' Welsh, are summoned, (o) June 4. {Pentecost). A Council of " Magnates" is held at Westminster. A letter having been written by the " Magnates (Baronagium) et Universitas Anglice " to the Cardinals about to assemble at Lyons, the King cautions the Prelates not to do any act at this Assembly against the King's honour, (p) Dec. 25 {Christmas.) A Council is held at London. Many Nobles and " Magnates" are summoned, {q) March 18. {Mid-Lent Sunday.) A most general '^^g. "Parliament" of the whole Nobility (Magnates) of the so' Kingdom assembles at London, according to the King's summons. The Prelates, Bishops, Abbots, Priors, Earls and Barons, are present. The King addresses them severally on the Pope's Exactions. Letters are addressed to the Pope on this subject by each Estate, by the King, by the Bishops, by the Abbots and Priors, by the Earls, Barons and " Nobiles Portuum Maris Habitatores." (?•) Dec. 21. (St. Tlwmas' Day.) A great Council is held at Winchester, by the King and " Electi Mag- nates." (5) Feb. 3. (Morrow ofPurifn-) A Council, or Parlt-. I2i7. of " Magnates," meets at London, including Archdeacons, \l and the chief part of the Clergy of all England. (»i) M. Paris describes the two meetings at length. Hody, 322. (n) M. Paris. Hody, 325. (o) Feed. 29 H. 3. (p) Feed. 29 H. 3, " Concilium Magnatum qui solemnitati Pentecostes nobiscum intcrfuerunt apud Westm." Paris says, that, in the same year, a Tractatus or Conci- lium was held with the whole Englisli Nobility, assembled in military array at New- castle, on the Feast of the Assumption, on the subject of the war with Scotland. (9) Paris. Hody, 326, who says, he mentions these Christmas meetings, because they were not only for feasting, but also for public business. (»•) Paris. ' Ann. Burton. Hody 326. The word Parliament is now said to be first used by any Historian to describe such an Assembly (M. Paris, 1246). But John of Brompton employed it long before, 1 Rich. I., see P. H. I. 16 ; and a Writ, 28 H. 3, directed to the Sheriff of Northamptonshire, describes the meeting at Runimede as a " Parliamentum." If it describes a Legislative Assembly constitutionally lonvened, it tends to prove that in the reign of John, and in the 28th H. 3, a Convention of Ba- rons was deemed the Legislative Assembly of the Realm. The next use of the term, in an authentic document, is in the 42d H. 3., Report L 91, 99, 461. The letter of the Earls salutes the Pope in all their own names, with the addition " et alii totius Regni Anglic Barones, Proceres et Magnates et Nobiles Portuum Maris Habitatores, necnon et Clerus et Populus universus." All those Persons could not have been present, and must have concurred through the medium of the Earls and Barons mentioned as present. With the Barons of the Cinque ports, such a conven- tion may have represented the whole kingdom, being, with the King, the Lords of all Landholders, p. 91. (,J) Paris. Hody, 328. SI R. 34 HENRY JII. The Bishops having, at the Synod of Lyons, agreed to an aid for the Holy Land, to be paid by all the Clergy, the subject is debated for many days, and it is agreed that Letters shall again be sent to the Pope, (t) April \Af. (15 of Easter.) A general Assembly, or Parliament, meets, by summons, at Oxford. All the Magnates, Prelates, Earls and Barons assemble The Clergy consent to give the Pope 11,000 marks, except the Exempt, and three of the Secular Clergy. Laws are made on the Coin. (?<) April 30. (Pridie Cal. Maii.) A Council is held at Woodstock. A Convention is made between Owen and Lewelin, sons of Griffin, P. of Wales, (d) Oct. 13. ( Feast of St. Edicard, 15 days after Mich'-) A Council assembles at Westminster, (tv) 1248. 2^p&. 9. {Octaves Purif"-) A Council, or Parliament, ss' is held at London. The whole Nobility of England at- tend, including nine Bishops, many Abbots and Priors and Clergy, nine Earls, many Barons, and Knights, "and Nobles." They deliberate on the affairs of the Kingdom. The whole Assembly refuse an aid, and present a list of grievances, which the King promises to correct. The Meeting is adjourned to July 8, fifteen days after Midsummer, when it re-assembles. An aid is again refused, (x) 1249. jffji 5. {Edw. Cotf.^ and daij hefore Epiph.) A Coun- *'s3* cil is held at Westminster, to which are summoned "copiosa Magnatum multitudo." {y) April 11. (Clausum Paschce.) A Council is held at London. The Magnates insist on the appointment of certain Officers, the Chancellor, Justice and Treasurer, by their advice, {z) 1251. ]?^i^ 17, (A7i/. Cal. Martii.) A great Parliament is 35 * held at London. Henry de Bath, Chief Justice, is accused of Treason. («) (t) Paris. Hody, 1. c. (u) Paris. W'ikes, 1247. Hody, 329. (ir) FcEd. 31. H. 3. («') Paris. Hody, 1. c. {x) Paris. Hody, 330. The Report I. p. 93, says, " The words Milites et Nobiles may have applied to tlie Justiciar, Chancellor, Treasurer, and others, members of the King's selected Council, who always were summoned, and many of whom were usually Knights. Little reliance can, however, be placed on the particular words used by Historians in describing such assemblies, scarcely two being described in exactly the same words ; but the language used generally imports that the Assembly was com- posed of persons to whom tlie word Nobilitas was applicable. Paris describes the members as " Univcrsitatis Barnagium." (V) Hody, 331. (i) Hodv, 332. (a) Paris. Hody, 1. e. HENRY III. 35 8G Nov. 5. (Non(B Nov^-) A great Assembly is held at the Monastery of Hales (Heyles.) The King and Queen, and all the Nobility of" England, Pre- lates, Earls and Barons, as well as Knights and People, attend the Dedication, (i) Dec. 26. ( M. of Nativ.) A great Assembly of the Clergy and Laity of England and Scotland, meets at York. The K. of Scotland marries Margaret, the King's eldest daugh- ter, and does homage, (c) April 14. (\b of Easter.) A "Parliament" meets 1252 at Westminster. ■*• '^ A Consultation is held with the Magnates respecting the taking of the Cross. A grant from the Pope of a tenth from the Manors of the Bishops and Prelates of England for the purposes of the Crusade, is opposed, on the ground that their grievances ought to be first redressed, {d) Jan. 5. (St. Edward's Day.) A Convention of Pre- 1253 lates and Magnates is held at Westminster. -*. n In the absence of both Archbishops, thev refuse to come to any resolution respecting a grant enjoined for the Holy Land by the Pope, and an aid demanded for Gascony. The meeting is adjourned to Easter, (e) May ^. (Qidndene of Easter.) A "Parliament" as- sembles in the Great Hall of Westminster. All the Prelates and Nobility attend, by the King's edict. The Clergy grantja Tenth, and the " Miiites," a Scutage. The Charters are solemnly confirmed, and an Anathema pro- nounced (3 Ides, 13th May, 1253) by the Archbishop and thir- teen Bishops, " in Pontificalibus," against all such as shall in- fringe them. (/) ^ Jan 27. (15 St. Hilary, and VL Cal. Feb.) A Coun- cil, " Concilium," is held at London, or Westminster, before the Queen, and E. of Cornwall, Regent. The Archb. of Canterbury, Bishops, Abbots, Earls and Barons, are summoned on arduous and urgent business, touching the state of the Kingdom. The Earls and liarons promise to be at London three weeks after Easter, and would go over to the King's assistance if need were, but refuse to answer the King's demand for money. The Eishops and Abbots promise to give an aid, if there was a neces- (A) Wikes. Hody, 1. c. ^c) Paris. Hody, 1. c. (rf) Paris. But the Pope's Letter on the Tenth, given inthe FcEd., 36. H.3, istested, III. Id. Mart. an. Pont. 10— which would be, according to Sir H. Nicolas' Table, 1253. (e) Paris. Ann. Burton. Hody, 334. (/) Paris. M. Wcstm. Ann. Burton. Hcmingford. The Ratification of this Anathema by the Pope (Innt. IV.) is dated, XI. Kal. Oct. an. P. 12, which is 12.54. But this may have been correct as to the following year, the Excommunication itself, as published in the I'ced., 37 H. 3, bearing date, anno 1253, III-. Ides of May, in the Great Hal!, Westminster, and the King being absent during the whole of his 38th year, 1254. 36 HENRY III. sity, but the Bishops would grant no subsidy for the Clergy, " de Clericis nuUam voluerunt flicere concessionem." (g) 1254. jpj.li 26. (\b of Easter.) A Council is held by the 38 ' Regents, at Westminster. The Earls, Barons and other IMagnates, had engaged to be at London, "cumequis et armis," to Join the King in Gascony. The Sheriffs are required to oblige those within their Jurisdic- tion " qui tenent 20 libratas terrse de nobis in capite, vel de aliis qui sunt infra setatem, et in custodia nostra," to do the same; and, moreover, to send to the Council two legal and discreet Knights, whom each County might elect, " Vice omnium et sin- gulorum, eorundem, ad providendum quale Auxilium nobis in tanta necessitate impendere voluerunt." Writs are also issued to the Archb^- of Canterbury and York, and all Bishops, requiring them to convene all the Clergy, " Archidiaconos, viros Religiosos et Clerum," in their respective Dioceses, to consider of a Subsidy. They are then to send their Proxies to the Parliament, to give in their Resolutions # They refuse an aid. July 19. {VigilicB B. Margaretce Virg.) A Council is held at Oxford. The Archb. of York is summoned, on the arduous affairs of the Kingdom and of Gascony. (i) J255. April 15. (15 of Easter.) A Parliament is held in 39 London. The King (on his return) meets all the Bishops of the Realm (the Archb. of Canterbury being abroad) the Abbots, Earls and Barons. The King demands an aid beyond the Tenth granted by the Pope. They require the strict observance of the Charters, and the appointment of the Justice, Chancellor and Treasurer, who should not be removed, " nisi de communi Regni convocati con- {g) The writ to the Archb. of Canterbury, tested Westm., a Reg. et Regente Com. Cornub. 27 Dec., begins, " cum qujedam ardua et urgentia negotia &c., qu;B sine concilio vcstro et aliorum Magnatum nostr. nolumus e.xpedire, vobis mandamus Sec." This, says the Report, 193.4, was probably only "Concilium Magnatum," as dis- tinguished from "Commune Concilium Regni," a Great Council, rather than a Legis- lative Assembly." Paris. MS. Dunstaple, apud Hodv, 339. (A) Rep. App. I. vol. III. The writ is tested, T. Rega. et R. C. C, Windles. 11 d. Feb. This writ, says the Report, tends strongly to shew that there then existed no Law, by which a Representation, either of the King's Tenants in Capite or of others, for the purpose of constituting a Legislative Assembly, or for granting an aid was specially provided, and it seems to have been the first instance, appearing on any Record now extant, of an attempt to substitute Representatives elected by bodies of men for the attendance of the Individuals so to be represented, personally, or by their several Pro- curators, in an Assembly convened for the puri)Ose of obtaining an aid. This assembly seems to have been a Convention of Military Tenants only, in which all the Military Tenants of the Crown were to appear personally or by elected Representatives. The election of 2 Knights for each County might bo considered a substitution for the Gene- ral Summons provided by the Charter of John, if that Charter extended to all the Tenants in Chief of the Crown. The Substitution seems a novel proceeding of which there is no trace, unless the proceeding in the 1.5th John can be so considered. \. 56. The writ to the Archb. of Canterbury is published by Prynne, from CI. 88 H. 3. Hody, 3.'J9, remarks, " that in those days it was usual for the Clergy before the Parlia- ment began to be called together by their respective Bishops to resolve what to give, and then to send up their Proxies to " Parliament" with their determinations. Similar writs are addressed to the Prelates, Magnates, "Militibus, Libcris Hominibus, Civibus, Hurgensibus et omnibus aliis Fidclibus suis Terrte su;e Hibernix." Paris. U) Report IIL App I. The writ has no date, and the " F. of St. Margaret" admits many dates. Sec 1 able, Sir H. Nicolas, p. ISO. July 20, is, however, preferred for various reasons. HENRY III. 37 cilio et deliberatione." The meeting is adjourned to Michael- mas. (A) Oct, 18. (F. of St. Lithe.) The " Magnates," assem- ble again at Westminster. To the Kin2 HENRY III. The differences between the King and Barons are considered. The Barons refuse to acknowledge the Pope's authority, (e) June 29. (St. Peter and Paul.) The Bishop of Worcester sends to the Chancellor a " Forma Pacis," and, on the 10th of July, the King's Letters announce that Peace is established be- tween him and the Barons. (/) Sept. 8. [Nativ. BeatcB MaricB.) A Parliament is held at London. The Prelates and Proceres attend. The Barons refuse any accommodation without a full observ- ance of the Statutes of Oxford, {g) Oct. 20. (3 weeks after Michaelmas.) A Parliament is held at London. JMessengers from Lewelin are present. (/*) ^' Dec. 13. {St. hucy's Day.) A Parliament is held. The disputes between the King and Barons, are referred by common consent to the King of France, (i) 1264.. Feb. 2. {Candlemas Day.) A Parliament is held. ^'aq' The award of the King of France is read, annulling all the Provisions of Oxford, except what relates to the observation of Magna Charta, "nolumus autem nee intendimus per prsesentem ordinationem derogare in aliquo Regiis Privilegiis, Chartis, Libertatibus, Statutis et Laudabilibus Consuetudinibus Regni Anglire quae erant ante tempus Provisionum ipsarum." The Barons refuse to submit to the sentence and allege that all the Statutes of Oxford are founded on M. Charta. (k) March 30. {Mid-Lent Sunday.) A Parliament Is held at Oxford. The " Proceres Regni " attend, including Simon, E. of Leicester, and 10 other Earls and Barons of his Party. The King again ineffectually adduces the Bull of the Pope, and the Award of Lewis ; the Barons disclaim both. " The Pro- visions which were made, and which they were bound by oath to keep, were founded on the Great Charier. They were re- solved to adhere to them to the end of their lives, as equally conducive to the good of the King and Kingdom." (/) (e) Hody,a58. (/) Foetl., 1263. (^) M. Westm. Wikes. Hody, 358. (h) M. Westm. Wikes. Feed. a. r. 4. The Safe conduct for the Messengers of Lewelin to attend the King's Parliament, three weeks after Michaelmas, is tested 18 d. Sept. But it appears from the same authority, that the King went to France on the day of that test, to attend "a Parliament" of the K. of F. at Boulogne sur mer. ( j) There is some apparent difficulty here as to dates. It is evident from the Agree- ment still extant ( Hody, 358) that this common consent was given on St. Lucy's day, 1263. But the ordinance of Lewis, as Arbiter, is tested at Amiens, on the Morrow of St Vincent t Jan. 23) also. Anno 1263; meaning 1'264, of the Calendar. (A) Wikes mentions a Parliament held on Candlemas Day, 1262, at which the decision was made for a reference to the K. of France. In this he appears to have been mis- taken. But as the subject was discussed at a Parliament held the following year after the ordinance of Lewis, (Jan. 23) such a meeting was probably held on Candlemas Day. That notwithstanding the date of the award, the year should be r264, stems to be proved by the date of the Confirmation of this award by Pope Urban the Fourth, 17 Kal. April, an. Pont. 3, which was 1264. Wikes. Contr. Paris. Hodv, 359. (/) The King is at Oxford, l2 March, when all the Scholars are ordered to retire during his residence there, as the "Magnates" are about to assemble. Safe conduct is also proclaimed, on the 18th, for both Parties about to meet on a Treaty of Peace at HENRY III. 43 June 24. {F. of St. John B.) A Parliament is held at London. The Prelates, Barons and " Communitas Terrse " are present. Keepers of the Peace for 29 Counties having been appoint- ed, \>y writs tested, 4, d. June, they are commanded as follows: " £t quia instanti Parliamento nostro, de negotiis nostris et regni nostri cum Prselatis, Magnatibus et aliis Fidelibus nostris tractare necessario nos oportebit, vobis mandamus quatenus quatuor de legalioribus et discretioribus INIilitibus dicti Comi- tatus, per assensum ejusdem Comitatus ad hoc electos, ad nos pro toto Comitatu illo mittatis. Ita quod sint ad nos Londoni, in octavis insts. F. Sse. Trinitatis ad ultimum, nobiscum tracta- turi de negotiis prsedictis." Ordinances " pro Pace Regni" are drawn up by the Prelates, Barons and Community of the Land, then present. Letters are also addressed to the Archb. of Canterbury in France, stating the Prerogatives of the King, the Laws against usurpations and abuses of the Clergy, and the King's authority over them, (m) Sept. 11. {Thursday after Nativ. B. Virg.) A Par- liament is held at Canterbury. Certain ordinances are signed by the King, the E. of Leices- ter, and six others, " pro nobis et cieteris Baronibus, et Comrau- nitate regni Anglise." (n) Dec. ] 3. A Parliament is held at Worcester. 126*. A. R. 49 Brackley. All the King's Lieges are commanded to attend at Oxford on Midlent Sun- day, "cum toto Posse suo." Feed. 48 H. 3. AVikes. M. Westm. Knyghton gives the names of some of the Nobles who were present. P. H. I.IJ7. Hody, 359. It is to be observed, that the Forma Pacis inter Regem et Barones (Feed. n. e. I. 452) alludes to a Parliament held at London on Wedn., Eve of St. Gregory, 8 day of March, 1264. In one of these meetings, the Conditions are fixed, under which the Archbishop of Canterbury is to return to England, " per totum Concilium Procerum ct Magnatum ;" March, 12G4. The Battle of Northampton took place on the 9th of April, when four de Montforts and others were made Prisoners. The King replies to a Letter from the Barons on the 12th May, and the Battle of Lewes occurs on the 1 4th, when the King is taken. Peace is proclaimed on the 25th. The subsequent acts are during the King's Captivity. (m) It IS observable that Nine Counties were omitted in these writs, and that what- ever other affairs the Knights had to transact, they had no share in the ordinances en- acted, unless they were considered as representing such of the Communitas Baronum as were not personally summoned. For, though the Form of Peace was approved by all the Prelates and Proceres " et Communitate tota Regni Anglia;" &c., one of the Clauses describes the King as acting "per Concilium Coramunitatis Prselatorum et Baronum " which is twice repeated. (See Rep. 140. Feed. n. e. I, 443.) It is curious that the Legislative enactments of the Provisions of Oxford were, in this proceeding, entirely kept out of sight, and that on the first occasion which occurred, Simon de Montfort, who had, with others, signed those Provisions and had hitherto so obstinately defended them, was the first person to restore something like the ancient Constitution and then to estabhsh an entirely new one. Another remarkable fact is, that the Con- temporary Historians do not appear to have noticed this Parliament, or any of the circumstances relating to it. (Hep. 1.39.) The Communitas Baronum was still considered as forming properly the whole Legis- lative Assembly of the Kingdom, and its constituent parts remained the same as in the Clause of John. (142.) There is, indeed, no evidence that the Knights were elected, or attended. If elected by Tenants in Chief only of their Counties, thev might have been considered as Barons ( 147-8. 154.) But, in the Pari., 49, H. 3, the ordinance is said to have been made by the common assent of the Prelates and " hauls hommes de la terre," without mention of Knights. The same occurs also with regard to other Ordinances made in this Parlt. (Rep. 141). The Knights may have attended only as witnesses, as was the case with the Mavor of London and manv others i\i9). See also Rep. 1.4(34. Feed. 48. H. 3, ' (n) Rot. Pat. 49, H. 3. M. idorso. M. AVestm. Petit Riglits of Commons. Hody, 360. 44 IlKNKY HI. Certain Provisions and Constitutions ;.re made by the Prelates and " Magnates," Earls, Earons and Community of the Iving- doni. (oj 1^1^." '^"^^' ^^' (0^^"* ^^' Hilary.) A Parliament is lield at 49 London. It is summoned by the following Writs : Henricus, Dei ^r: 11. Ang. U^- Hiberniseet Dux Aquitanite, venerabili in Christo Patri R. eadem gratia, Epis. Dunelmensi salutem. Cum &c. &c. et jam sedata turbatione praedicla super deliber- atione ejusdem salubriter providenda, et plena securitate et tranquillitate Pacis ad honorem Dei et utilitatem totius rtgni nostri firmanda et totaliter complenda; ac super quibusdara aliis regni nostri uegotiis quae sine concilio vestro et aliorum Prjelatorum et RIagnatum nostrorum nolumus expediri cum eisdem tractatum habere nos oporteat.^ — Vobis Mandamus ro- gantes in fide et dilectione quibus nobis tenemini, quod omni occasione postposita, et negotiis aliis praetermissis, sitis ad nos London in octavis S'- Hillarii prox. f'uturis ; nobiscum et cum praedictis Praelatis et Magnatibus nostris, quos ibidem vocari fecinius, super prEemissis tractaturi et consilium impensuri : Et hoc sicut nos et honorem nostrum et vestrum necnon, et communem Ilegni nostri tranquillitatem diligitis nullatenus omittatis." Teste Rege apud Wigorniam, 14 die Decembris. Similar writs are directed, " eodem modo mandatum est," to the Archb. of York, 11 Bishops, 1 B. Elect, 10 Abbots, 9 Priors, 6 Deans, tested Woodstock, 24 d. Dec ; Similar writs, with the same test, are issued to 54 Abbots, and 1 Abbot Elect, to 2G Priors, the Prior of the Hospital of St. John of Jerusalem, to the INIaster " IMilitise Templi in Anglia," to 5 Earls, the Justiciar of England, 1/ Barons. " Item mandatum est singulis Yice-Comitibus per Angliam quod venire faciant Duos Milites, de legalioribus et discretio- ribus INlilitibus Singulorum Comitatuum ad Regem London, in Octabis praedictis in forma supradicta." Item, in forma praedicta, scribitur Civibus, Ebor. Civibus Ijincoln, et caeteris Ikirgis Anglise, quod mittant in forma prte- dicta Duos de discretioribus et probioribus tam Civibus quara Burgensibus suis. Item, &c,, mandatum est Baronibus et probis Hominibus Quinque Portuum.quod mittant (sing.) Quatuor de legalioribus et discretioribus Portus, &c., cum Praelatis et Magnatibus tractaturi. The writs are addressed to 122 Ecclesiastics, namely, the Archb. of York, 12 Bishops, 65 Abbots, 36 Priors and theMaster of the Temple, 5 Deans, 5 Earls, (Leicester, Gloucester, Nor- Iblk, Oxford, Derby) and 17 Barons, besides the .Justiciar of England, to treat with the Prelates and " Magnates," " ad tractandum nobiscum et cum Concilio nostro super deliberatione Edwardi Filii nostri cb.arissimi et securitate inde facienda, necnon et aliis arduis regni nostri negotiis." {p) (o) MS. Cotton, ainid llody, TiHO. JI. Wcslin. mentions a previous rarliamciit licld at Oxford. (/)) Tlii=, says tlie Rep. ( I. p. 141, .3. 1) was conceived in the ancient Form of Writs of S)iinmons to tjip ancient Legislative Assemblies of the Realm, and from the continu- ation of it when Keprcs. fur f^hircs, Cities, Jjoronghs, and afterwards of the Cinque HENRY III. 45 Feb. 19. {Thursday M. of Citieres:') A"Tractatus" i'^^^. is held, "de liberatione E(hvardi." (q) 49' March \\. {IVedn : Figil of St. Gregory.) A Parlia- ment meets. A Charter is prepared by assent of the King, Prelates, Earls, Barons and Community, accordinif to the Articles lately agreed to at Worcester by the King and Magnates, (r) Torts were constantly summoned, there seems further ground for the conjecture, that I'rclates and Magnates were originally the only Constituent parts of the Legisl. As- semblies under the King." Only 23 I^ay Lords were Specially Summoned, all pro- bably of the party of the E. of Leicester (see List of those not Summoned 145). The Title of Baron is not given to any, but in aftertimes it seldom appears on Writs of Summons (144). The form of tlie Writs to the Sheriffs, Cities, and Boroughs, is not set forth, but most probably they resembled those to the Cinque Ports rather than the others. This Writ is as foUows— Rex Baronibus et Ballivis Portus de Sandwico Sa- lutcm, &c. " Cum Prelates, Magnates et Kobiles regni nostri tam pro negocio liberationis Edw. primogeniti nostri quam pro aliis Communitatem regni nostri tangentibus ad instans Parliamentum nostrum quod erit l/ondon in Octabis Si Hilariiconvocari feceri- mus, ubi vestra sicut et aliorum lidclium nostrorum prssentia plurimum indigemus, vobis mandamus in tide et dilectione quibus nobis tenemini, tirmiter injungentes, quod, omnibus aliis prEEtermissis, mittatis ad nos ibidem, quatuor de Icgalioribus et discre- tioribus Portus vestri ita quod sint ibi in Octs. preeds. nobiscum et cum Prselatis et Magnatibus regni tractaturi et super pra>niissis auxilium impensuri &c.'" On the same Roll is a Writ to the Sheriff of Yorkshire " De expen^is Militum." It directs that the Knights of the several Counties having been detained longer than they expected at the late Parliament, which occasioned them great expences ; " Cumq. Communs. dictorum Comitatuum varias hoc anno fecerint praBstationes ad defensionem regni nostri &:c. per quod aliquantulum se nimium gravatas ; tibi prfecipimus quod duobus Mints, qui pro dicto Comitatu parliamento interfuerunt, de concilio quatuor legalium Mil. ejusd. Comit. rationabiles expensas suas in veniendo ad diet. Pari., ibidem morando, et Inde ad partes suas redeundo, provider!, et eas de eadem commu- nitate levari facias ; proviso quod ipsa Communitas occasione prsestationis istius ultra modo non gravetur." Such Cities and Boroughs as were disposed towards the King may not have been called. The Cinque Ports had been zealous partisans of the E. of Leicester, and were not afterwards summoned as part of the Parliament, till the reign of Edw. 3, though thev were so once, 30 ICdw. 1, and again 17 Edw. i, (see Report I., notes 53, 59). The Charter of H. 3, tested 14 March, a. r. 49, speaks of the assent of the K., his Son, the Prelates, Earls, Barons and Commonalty of the Kingdom. This Assembly appears, therefore, to have been differently constituted from that in the 48th, when ordinances are described only as made by the Prelates, Earls and Barons, or "hauz hommes de la Terre." (Rep. 14S.) This Charter of March, A. R. 49, speaks of the Articles made with common consent of the King and Magnates, and which lately the King, at Worcester, transmitted under his seal to every county, inviolably to be observed for ever. It may, perhaps, be a question, whether in all these matters, as in that agreement of the 8th March, (Rep. 14G; in which the K. and Prince are to command and enjoin on the " hauz hommes e au commun de la terre," residing in every Cuitnty, that the ordinance should be firmly kept, and in the Charter just mentioned, the immediate object of the summons of Knights, Citizens and Burgesses, might not have reference to these commands and requirements. Hitherto, perhaps, as to the Knights, and long afterwards, in relation to the Cinque Ports, such special purposes seem to have been kept in view, or rather to have been the sole ground of the summons. Here, again, it is a singular fact that neither the continuator of the Hist, of M. Paris, nor the Annals of Waverley, nor the Chronicle of Mailros, though minute in describing events which preceded and followed, and all favourable to the E. of I-eicester, do not even notice this ParUament. Thomas Wikes does not notice that of the 48th, and speaking of that of the 49th, says " Transacto vicesimo die Nativ. Dom. facta est Lon- don per Comitem Convocatio non minima Procerum AngUcorum." (Rep. 151.) It may be added that Cotton, in his short vie\\' of the R. of H. 3, omits all allusion to it. For the numbers summoned in this Pari, see the Feed., and Dugdale's Summons. There are no subsequent writs for Citizens and Burgesses till the 23 Edw. 1, when they are not to the Cities and Boroughs separately but to the Sheriffs to cause to be elected for his County two Knights and for each City and Borough of his County two Citizens and Burgesses, in one writ. Writs were not addressed to the Counties or Cities of Durham or Chester, nor to Wales, which, excepting in the loth and 20th Edw. 2, did not send members till H. 8. (7) Feed. 49. 11. 3. In the Report App. I. vol. III., is a writ directing the Sheritt'of Salop and Stafford, who had neglected to send two Knights to London in 1.') St. Hilary, to send two. in 15 St. Peter in Cathedra, March 8, wherever the Kingmightbe, to speak with the King and his Magnates, tested 23 d. Feb. 4.6 HENRY III. June 1. A " Parliament " is held at London. The Sheriffs of Sussex and Hertford are commanded to sum- mon, by four legal knights oi their Counties, Peter of Savoy and others, " quod sint coram nobis et Concilio nostro in prox- imo Parliamento nostro London, primo die Junii, justitiam facturi et recepturi, &c. The Dean and Chapter of York are falso required to send two of the most discreet " Concanonici Viri," to treat with the Prelates and Magnates regni, at Winton, June 1, with full power to act for the rest as if present, (s) Sept. 8. {Nativ. of B. V.) A Parliament of " Mag- nates " is held at Winchester. All the Bishops are summoned, excepting of Lincoln, Lon- don, Worcester and Chester (of de Montfort's Party), the Abbots, the Priors, those holding Baronies with service due to the King, also the wives or widows of the Earls, Barons and Knights, who had been slain in battle or made Prisoners. Rigorous proceedings are taken against the adherents of Leicester. Seisin is made of all Lands and Tenements belonging to the Rebels, and these are divided amongst the King's friends. JNIany " ob suam Rebellionem," are committed to prison. This Parliament is adjourned, " prolongatum," to the F. of St. Edmund, Nov. 22, at Westminster, in consequence of an in- vasion of the Welsh, under Lewelin. {t) A. »• Dec. 25. {Christmas.) A Parliament meets at West- * minster. The " Nobiles " treat on the peace of the kingdom, (u) 1266. August 24. {F. of St. Bartholomew.) A Parliament is held in the Camp before Kenilworth. The King-, Prelates, Earls, Barons, Prince Edward and Ottoboni, the Pope's Legate, are present. {r) There is some confusion here, attributable either'to errors in the original or to the Editors of the Foedera. The Pari, at London, June 1264, is stated to have been A. R. 45. The ordinance for keeping the Forma Pacis there made, is said to have been agreed on at a Pari, at London 8 d. March, 12G4, that is, Wednesday Vigil of St. Gre- gory. But, presuming that in this instance the 9th March was the Feast Day, it could not occur on Wednesday, which, however, is right as to 11th March, 12(J5. But the or- der to the Sheriff as above is for 8th March. The Restoration of Edward and Henry occurred on the 10th of March, it is said, 1254. But even 1204 would be an error. The Letters of Edward engaging to keet) the Charters "de Libertatibus," are dated, properly, London, 10 d. March, a. r. 49. This was probably the day before the meeting of Pari. The Charter of the King is tested Westm. 14 d. March, a. r. 49. {*) These discordant writs cannot be reconciled with one another. The confusion of the times seems to have introduced doubts as to where certain meetings would be held. The last noticed writ to the Sheriff summons the Knights to wherever the King might then be. (t) It appears from the Foedera, that the escape of Prince Edward was on Thursday in the week of Pentecost, 28tli of May. The battle of Evesham was fought on the 4th of August. The Continuator of M. Paris assigns the present Parliament to the Nativ. of the Virgin, which the Report erroneously calls Sept.G. L 1.50. The Annals of Wav. say it was held on tlie Exaltn. of the Cross, Sept. 14. Of the ad- journed meeting there is no account. At this Parliament two Commissioners are appointed in each county, who, with the Sheriffs are to make a return of all the lands of the Rebels and their owners, at Westminster, on the 13th Oct. following. Brady, ex pat. 49 IL 3. 51. (?«) M. Wcstm. Hody, 300. 50 HENRY 111. 47 Six persons, 3 Bishops and 3 Barons, natives of England, are appointed by the King, " et a Baronibus consiliariis regni, et proceribus Anglije," to provide for the good estate of the Land, and for those who had been disinherited. These six are to choose six others, 3 Bishops and 3 Barons as before, and if any difference arise, it is to be decided by tlie Legate and Henry, son of the King of Almaine. The Dictum (Award) de Kenilworth, is made. The King confirms the ancient Charters, and demands a Tenth of the Church for three years. He is answered, that Peace should first be restored, (v) Oct. 26. {Tuesdaij bef. F. of AH Saints.) A Parliament *• i^- meets at Northampton, by summons to all the Bishops, Abbots, Priors, Earls and Barons. Theaward oftheTwelve ispronounced and confirmed. Accord- ing to its Provisions, the disinherited Nobles and others are to be restored to their Lands on the payment of Five j'ears Rents, or lesser sums, according to the nature of the offence. It is also, by the same authority, decreed, that all Obligations, Writings or Instruments, made by the King, his son, or by any of the King's faithful subjects in reference to the Oxford Pro- visions, are held null and void ; and all persons of the Kingdom are by the Legate, absolved from the Oath they had taken, (w) Dec. 25. {Christmas.) A Parliament meets at West- a. r. minster. " Potentiores Terras " are present, (a) ^^ A "Parliament," held at St. Edmund's 1267. Bury, is attended by the Archbishops, Bishops and Ab- bots, Earls and Barons, and all who owed the King military service, with horses and arms, for the reduction of the Isle of Ely. The King renews his demand of a Tenth from the Clergy for three years, and for the year last past. The Clergy refuse the demand, (y) Nov. 18. [Oct'- St. Martin.) A Parliament (com- 1267. mune Concilium Regni) meets at Marlborough, "ad ^52''' meliorationem regni et expeditionem Justitise." There are present the " Magnates et Discreti," Justiciar, Chancellor, Judges and others of the King's Council, with the King, P. Edward and the Legate. The Statutes of " Marleberg " are made, (z) (v) The award is dated, " in Castro apud Kenilworth, 2. d. Nov. ; or, in other copies, the day before the Cal. Nov., Oct. 31. a. d. 1266, a. r. 51. Rep. 1. 158. See Hody, 366, for other authorities. (w) Ann. Wav. Pari. H. I. 74. Rep. I. 158. ( X ) M. Westm. Hody, 368. (y) Cont. M. Paris. Many demands are made on the Clergy, to which thev give resolute answers ; but as to the Tenth, at length yield to a Bull of the Pope, granting the King a Tenth of all Ecclesiastical Benefices, dated, June 9, 1267. a. P. 2. a. R. H. 3. 51. (2) These statutes have since been constantly received as part of the Law of the Land. (Rep. 1.159.) The Ann. of Wav. and Wikes do not mention this Parlt., and the Contin. of Paris places it, a. d. 1269, a r. 53. Hemingford gives the date, a. r. 52, 1267. " The Relations of Historians with respect to Parlts. at this time appear lo 48 UKNRY III. 53 1268. A " Parliament," or " Great Assembly," is 52 ' held at Northampton. The Legate preaches the Cross, (a) Oct. 15. A Parliament meets at Winchester. The King makes P. Edward Seneschall of Enghmd. (b) 1269. Apj-ill. {Qtundene of Easter.) A Parliament is held at London. The " Magnates Anglige " are summoned. A jirovision is made respecting the Jews, (c) Oct. 13. {III. Id. Oct:, and Transl. St- Ediv^- K.) A Parliament is held at Westminster. On occasion of the Translation of the body of Edward the Conf to the magnificent Tomb prepared in the Abbey and to celebrate the opening of this Church completely rebuilt. To the ceremony are invited, by summons, all the Prelates and Magnates of the kingdom, "necnon cunctarum Civitatum pari- ter et Burgorum Potentiores," who, with a large crowd of the "populares," attend the spectacle. This being concluded, the "Nobiles" forma Parliament, and grant a Twentieth of the Moveables of all Laymen to the King, with the assent of the " Ilegni Majores." (d) 1270. jprii 21. {Qidndene of Easter.) A Parliament, 64 ' " omnium Magnatum Anglise " meets at London. They treat of a Tax, and of the Expedition to the Holy Land. The meeting is prorogued to July \. {OcP- St. John B.) All the Prelates and "Magnates" assemble. They discuss the important purpose of providing for the government of the kingdom in the absence of the King and his sons. It is not considered expedient that the King shall leave the Kingdom, but an Aid of a Twentieth from the whole Kingdom, is granted, "in subsidiura Terrse Sanctas." {e) inaccurate, when compared with Records and with each other, that little reliance can be had upon their Testimony." (Rep. 1. c.) The Pari. H. 1. 77, takes the authority of the Continuator. (a) The Ann. of Wav. call this a Parliament ; Wikcs, a Great Assembly. The latter says it consisted of the Legate, and " Anglicana? Militia; innumerahilismuititudo," who, with the Princes Edward and Edmund, Henry son of the King oT the Romans, the Earls of Gloucester, Warren, W. de Valentia and 120 Knights, took the Cross. Their example was followed by many others of all ranks. Of the Knights, twenty-two were called " Vexiliferi " Bannerets, and were more noble than the rest. (Rep. 1. 160.) (6) Ann. Wav., Ilodv, 300. (c) Wikes. Hody, l.'c. Rep. I. IGO. (rf) This Assembly has been supposed to prove the Representation of Cities and Bo- roughs. But the Citizens and Burgesses were expressly invited " ut Translationis So- lemnia celebrius illustrarent," and only the Nobles treated afterwards with the King, "de Regis et Regni Negotiis, ut assolent." Tlie D. of Gloucester refuses to attend this " Tractatus et Parliamentum Regis et Procerum." Wikes. Ann. Wav. Re- port I. IGl. (e) The first meeting is given on the authority of the Ann. of Winton, apud Hody, 370. The second, from the Ann. of Wav. The writs for this latter, tested 20 d. May, A. R., 54, are noticed, Rep. I. IGl, from the Feed. n. e. t. 1, j). 4H,S. From Letters Pa- tent, tested Windsor, 1 d. Aug., it appears, that this Assembly met. and was probably summoned principally for the purpose of obtaining an aid for the voyage to the Holy Land. " Quia tamen Pralatis, IMagnatibus et communitati regni uostri non videtur expediens neque tutum, quod nos ambo, ivc. Nos, de Consilio I'ra-Uitorum et Mag- natum, &c." There is no truce of tlie Commons in Summons, or in tlie language of EDWAIID 1. 49 A. It. Jan. 13. {Oct^- Epiph:) A Parliament of Magnates '-''' is held at London. Tlie disinheriteil I-ords, and others, are restored to their Lands, " per communeni Assensiini." (fj July 25. A Council meets, of Prelates, " Magnates et Proeeres." Thej legislate concerning the Jews. {edition, are tested, 12 d. Dec, a. k, 5. EDWARD I. 51 King's Council, Prelates, Earls and Barons, meets, on Summons, at Gloucester. The important Statutes of Gloucester are made, (o) October. A Parliament is held. Tlie K. ofScotliuul does homage to the King. (/)) Michaelmas. A Parliament assembles at Westmin- ^279. , A. K. ster. 7 The Statute of IMortmain is enacted "de consilio Praelatorum Comituni et aliorum Fidelium regni de Consilio existentium." (-/) Jan. 20. {Octaves St. Hilary.) Two great Assemblies isss. aie held, one at Norlliampton, the otiier at York, by ' \\' writs from the King, (tested 24- Nov. a. r. 11, 1282 ) The Sheriffs of different counties are directed to send before the King or those whom he should appoint, all those of his Baili- wick able and fit for arms, who had more than 20 jjounds of Land, and were not with the King in "Wales ; and four Knights of the County, for the Community of the County, having full power, and of every Cit}', Borough, and INlarket Town (Villas Mercatoriae) two men having like power for the Communities of the same, to hear and do those things which to them, on the King's part, should be shewn, Et nulli de Balliva tua ultra 20 I^ibratas TeiTae habenti et ad arma potenti et apto, amore, favore, niunere seu timore vel alia quacunque ratione jjarcere vel deferre praesumas. Nee etiam aliquem ultra 20 Libr. Terrae non haben- tem, licet ad arma aptus seu pronusfuerit, coram nobis vel fide- libus nostris praedictis aliquatenus venir-e facias ex causa prce- dicta, &c. The Sheriffs of 32 Counties are to send their men to North- ampton, and of 5 to York, Chester and Durham being omitted. Precepts are also addressed to the Archb. of Canterbury, to cause all his Suffragans, Abbots, Priors and other Prefects of religious Houses, and Procurators of Deans, and Chapters of Collegiate Churches, to come before the K. at Northampton j and to the Archb. of York, for a like meeting at York. The Archb. of York is appointed by Letters to ask and pro- cure from the Clergy, Knights, Freeholders, Communities, and all others, of the Counties beyond Trent, a Subsidy from all his subjects bej'ond Trent. The Clergy summoned for granting an aid, refuse it, because the Diocesan Clergy had not been summoned " more debito." The Archbishops, therefore, summon a Convocation at Easter. (o) P. \V. 1. Report I, 183. According to the Statute Roll in the Tower, these Statutes were made in Aug. 127«. It states that the King had summoned " Les plus descrez de son regne, aussi bien des greindres come des meindres." Bnt the persons who made these Statutes are afterwards described in the Stat, of 13 Edw. I. The " plus descrez" may have rather been these whose assistance was called for in advising and framing the Statutes, as the Judges and others, as before in respect to the Statutes of Marleberg. The Statutes of Gloucester atiect the Law of England at this day. (Rep. 184.; •' KV) This appears from the Close Roll, G Edw. I. App. Roll. Pari. The Ann. of Wav. also mention this Pari. The P. Hist. I. 83, states that the Statutes of Gloucester were said to be made, Oct. 4, 1278. Tliey may have been confirmed on tliis occasion. (?) This date is from the Close Roll, stating the appearance of the Archb. of Cant. A writ, tested the 1.5 Nov., is addressed to the Justices, reciting the Statute, " de V'lris Religiosis." Wikcs describes it as made " de conimura consilio ct assensu Pro- cerum." (See Rep. p. 18-5) and the Ann. of Wav. say' " dc consilio (piorundam Von- tificum et Baronum," See H. Knvghton inter 10 Scripts. Col.21'jJ. 52 EDWARD I. The Knights, Freeholders, &c., grant certain services, which seem to have been personal, (r) ]i283. Sept. m. {Morrow of St. Michael.) A Parliament is 11 ' held at Shrewsbury. Eleven Earls, ninety-nine Barons are summoned. The Sheriffs had been directed to send two Knights for the community of each County, and the Mayor and Citizens of London and other twenty Cities, to send two Citizens " de sapientioribus et aptio- ribus." Seventeen other persons, soine of them Judges, and the Constable of the Castle of Bristol, are also commanded to attend. Proceedings are taken and judgment of death pronoimced against David, heir to the Principality of Wales, and this country is annexed for ever to the Crown of England, The Statute of Acton Burnel (so called), or " de Mercatoribus," is enacted "by the King and his Council." (s) 1^284. May 2^? A Parliament assembles at Rutland, or 12 Rhydland. The Statutes of Wales and of Rutland are enacted, (t) 1285. March 25. (Easter.) A Parliament is held at West- is * minster. (/) p. W. I. This extraordinary proceeding sliews that the Legislature was not then fixed on tlie basis of constitutional principles, known and acknowledged by all. Two distinct assemblies, for military purposes, of men of considerable landed property, excluding those equally apt for military duty, but not possessing the same property, and at the same time, two distinct Conventions to act for the Commonalty of two dis- tinct parts of the realm, were never before, or afterwards, convened. Those who held by mihtary service, had before been summoned, and the Earls and Barons were now probably with the King. They were not summoned to Northampton or York. Two distinct Conventions of the Clergy were afterwards not uncommon. (Rep. 187-8.) Prvimc, Brev. Pari. Red. p. 170, gives the return of the Sheriffs of Salop and Stafford, which takes no notice of any Representatives for the Vilte Mercatorise. It may be a question whether these Writs refer to An. 8, E. 1, presuming even that he has mis- taken the year. At. p. 23'i, ho considers A. 23, Edw. 1. as that in which the Sheriffs were authorised first to make these elections. The Pari. Hist, has admitted many errors in relation to this period. I. p. 85. See Hody, 378, on the participation of the Clergy in these proceedings. {s) P. W. I. All these Cities and Boroughs, except Chester, appear to have held immediately of the King, and the King had then the Earldom of Chester in his own hands, and Chester held of the Earl. (Rep. I. 18.0.) The Writs did not require that the persons chosen should have full power to consent for their respective Counties, Cities, and Boroughs, as in subsequent Writs, but merely to confer with the King on the business of David, and on other business. It does not appear that any Prelates were summoned. David was condemned of High Treason, and executed. Who were his Judges does not appear. The Statute of Shrew.sbury, or Acton Burnel, is dated the 12th day of Oct., a. r. 11. (Rep, I. 190-1.) It seems to have passed without the concurrence of Knights, Citizens, or Burgesses ; but, if with their concurrence, the ancient style was preserved. There is much confus'on of dates in all the Histories of this period. Wikes had related that on the 24th of .Tune, 1281, a. r. 9, previous to the Welsh Expedition, the King held a Pari, at Westminster, when it was determined that all the Magnates Regni should attend the King, who took a Scutage of V)s., " de toto regno suo." The Pari. Hist. I. makes the Pari, of Shrewsbury, Sept. 30, 1282; and then says, "very .soori (V/Vtv another Pari, met at Rothland, Maj 24, 12S2, when the Statute of Rutland or Rhydland, annexing Wales to England, passed, A. R. 10. At Christmas, I2S2, .igahi, the King is said to have held a particular Parlt. at Bristol ;' and the Editors tlien notice this Pari, at Acton Burnel, in Oct. 1283, a. u. U. For the above are cited the authorities of Daniel, Statutes at Large, Walsingham, p. .'il. Wykes, p. 112. (<) This Pari, is presumed on the authorities, Walsingham, p. .51, kc. cited in the Pari. I list. The writers of the Report state, that they have found no authentic docu- ment importing that any Pari, was then assembled at Rothelan, and the contemporary Historian, Wikes, makes no nicntlon of any such. They consider that those Statutes (tested, Rothelan, a. n. 12) emanated from the King's sole authority. (Rep. 191-2.) EDWARD I. 53 The Statutes of Gloucester (6 Edw. 1) are amended " x\ildita- menta Glouc," and the celebrated Act "de Donis Conditionali. bus," is })assed. Other iniijoi'tant Statutes are made. The Statute of Acton Burnel is also declared and enforced. These are the Statutes of Westminster, the Second. The Prelates, ]Men of Religion, and other Ecclesiastical per- sons, Pearls and Barons, and other persons, secular or laj', pray the King to confirm the Charters of his Progenitors. The King " habito super hoc cum suo concilio tractatu " grants such con- firmation, (w) Oct. 8. A Parliament is held at Winchester. The Statute of "Winchester, applying principally to the admi- nistration of justice, and the preservation of the public peace, is made, (r) Feh.'^ (After Purif'^-) A Parliament is held at 1286. Westminster. ^j^"^' Ma7j. A Parliament of "Magnates" and "Proceres" 1286. is held at Westminster. *j^' Kdmund, E. of Cornwall, is appointed Regent, in the King's absence, {iv) July li'. f 3 weeks after St. Jo/m Bap.) A Parliament ]287. is held at Gloucester, by the Regent. ^j^^' One hundred and seventeen Barons and others are sum- moned, (.rj February. A Parliament of the " Magnates," at Lon- 1288. don, is sinnmoned by the Regent. ^\q' The B. of EIv, Treasurer, in the King's name, desires a Sub- sidy "a Comitibus et Baronibus, imo et generaliter ab universis incolis regni." The E. of Gloucester answers for the rest, " that they would give nothing until they should see the King in Eng- land." U])on which, the Treasurer "cepit talliare Civitates, Burgos et Dominica Regis per totum regnum, &c." {y) (u) Close Roll, 13 Edw. I. Statutes, 11 Etlw. I. in Dorso. The provisions in most of the Statutes, 13 Edw. I. are of great importance, and the foundation of much of the Law of the Land as it now stands. The entry on the Close Roll shews that Pre- lates, Earls, and Barons, and others, were present at this Pari. The others present were probably such as arc described in many documents as present in the Great Hall of Westminster, but who were certainly not members of the Legislative Assembly. I Rep. 191.) Another proceeding in tliis Pari., is the act of the King alone, with his Select Council, as usual, with regard to Legislative Acts, affecting only the King's rights. The Ann. of Wav. speak of the Statutes of AVestm. and Winchester ; but W'ikcs makes no mention of any Parlt. 13 Edw. I. Yet he mentions a Convocation after I'.aster, I'isfi. " Congrcgatio maxima Slagnatum totius regni, tarn secular, quam Ecclcsiastiorum apud London, ad tractandum," &c. {V) Great lioUof the Statutcsinthe Tower. Ann of Wav. (R. L 192. 4) The next Parliament is given on the authority of Stowe, Ed. 1G31, p. 203. (to) The evidence for this Parliament is in the Writs IG Edw. 1, referring to such an assembly held immediately before the King left the Kingdom, which according to Stowe was May 10. (R. 19.5). Does the "Congrcgatio" held according to Wikes after Easter, 1286, refer to this Meeting ? No laws were made on this occasion. (J-) See the Summons to Rob. Peche and others, tested by the Earl, 11 d. June. App. Rep. in. p. .t1. (;/) Wikes, p. 117. By Magnates Csays the Rep. 1. 194) seems sometimes to have been intended all the Tenants in chief by Mil. Service; and when'couplcd with the word " Cives," the Knights also of the Shires, consctiucntly all those Tenants in Chief not Summoned by Special Writs. 54 EDWARD I. 5^290. Jmmanj SO. {''After F. of St. Hilary:') A " Par- is * liament " is held at Westminster, {z) April 22. (3 weeks after Easter.) A Parliament of " Magnates " meets at Westminster. This Parliament is continued, or adjourned, to July 8. (15 days after St. John B.) Many important Statutes are made, " De consultatione," " De quo Warranto," and " Quia Emptores." " Statutes of West- minster, Third." An edict passes for the Banishment of the Jews from the Kingdom. On the morrow of the Holy Trinity (May 29, or June 1), six Bisliops, six Earls, eleven Barons, " et casteri Mae;nates ac Pro- ceres in Parliamento existentes, (all Military Tenants) pro se et Communitate totius Regni quantum in ipsis est, Pralati, Comites, Barones et Proceres," grant for the Marriage of the King's Daughter, 40s- of each Fee, "pro hac vice." Writs, tested June 14, have commanded the Sheriffs to send from their coun- ties two or three Knights, de discretioribus, et ad laborandum potentioribus," to be at AVestminster, Three weeks after St. John the Baptist, with full powers for themselves and the community of the County, "ad consulendum et consentiendum his quas Co- mites, Barones et Proceres, turn duxerint concordanda." (a) (%) P. W. I. Plea Rolls 18 Edw. I. Rep. 1. 198, where, are given several proceedings in this Parliament, most of which seem to have been of the nature of proceedings in a Court of Justice and before the King and his Council ; but they are still styled Pro- ceedings in Parliament. P. H. 1 88, and noter. (a) A Writ tested 30 d. Jan. 1290, is issued to the Bailiffs et probi homines de Magna Jernemuth to send ".aliquos de quibus confidunt ad proximum Pari, post Pascham ad proponendum quod viderint proponenda &c. P. W. 1.20. This " Parliament " in 15 days and 3 weeks after Easter is also proved by the Writ issued to the Archb. of York for his appearance there; and also from that to the B. of Cov. and Lichfield for one month after Easter. The subsequent Proceedings of this Pari, extend to Friday after 1.5 St. John, Baptist. That this is a continuation of the same Parliament, after Easter, appears from the Statute, " Quia Emptores," made by the King in his Parlt. after Easter, a. k. 18, "that is to wit in the l.'ith St John, the Baptist, at the instance " Magnatum regni sui." That the Pari, was sitting is proved from the Grant for the Marriage of the King's daughter made "in full Parliament " on the morrow of the Holy Trinity, a. r. 18, May 29, or, according to a writ 30 Edw. 1, on the 1st of June. The Proceres in the Grant might be the Chancellor, Justices, and other Members of the Council, not being Barons, though, that the terms Magnates and Proceres were sy- nonymous, appears by the Writ 7 Nov. 30 Edw. I., and more particularly from the Writ of Summons of June 14, 18 Edw. I, where the Proceres appear, though the Knights were not yet even summoned. The Statute " Quia Emptores" was probably the last Legislative Act of the Assembly, and may have waited for the concurrence of the Knights, and was probably the sole cause of their attendance Rep. L 201-2. The Writ to the Sherifis declares that the King wishes to have a Colloquium on pro- ceedings lately held by the Earls, Barons and other Proceres, as well with them as with others of the Counties Sec. But these Knights were not to attend till the prin- cipal business had been transacted, and were then only to consult and agree to what the Nobles might determine. The discretion of electing Two, or Three, shews that the question was not to be decided by a plurality of Voices, as this difference might be very important. It slicws, also, that the constitution of a Legislative Assembly was not then clearly ostablislied. Rep. I. 197. This Pari, of St. Hilary is mentioned by the contem|i(irary llistovian, Wikes, who omits that after Easter, and all notice of the writs for Knif^hts. Rep. L 204. Brady, on Boroughs, p. 5G, says " the Bundle of Writs to the Sheriffs, 18 Edw. I, are the ancientest extant, or perhaps that ever were, except those of 49 11. 3." Five Counties return 3 Knights, all others, 2 each. He quotes the great Roll, 23 Edw. I. which states a l.'ith granted, 18 E. I, by the Archbs., Bishops, Abbots, Priors, Earls, Barons, and all others, according to the style used in the reign of K. John and Hen. .3, before Knights were sunnnoned. The Meetings at Chpston and Ashrugg, seem to have been adjournments of this Pari. P. Hist. I. 90 note. But in the KoU;^, 18 and 19 Edw. I. they appear as distinct Parliaments. A. R. 19 A, R. 20 EDWARD I. 65 Oct 26. {One Month after Michaelmas.) A "Parlia- ment" meets at Clypston. The Council determines many pleas. (Christmas.) A Parliament of " Proceres" is held at 1290. Westminster. ^'^q' Proceedings are taken against the Chief Justice, and several Judges, who are deprived of their offices for extortion, but re- deem themselves by heavy fines, (b) Janl. {M. of Epiphany.) A " Parliament " meets at i29i, "Aslirugg." Many Pleas are determined before the Council. May 10. A great Assembly of Prelates, Earls, Barons, Knights, (Proceres, Magnates et Nobiles de regno An- glian) and Populares of England and Scotland, meets at Norham. The subject of debate is the succession to the Crown of Scot- land. This meeting continues by adjournments to June 2, and is again adjourned to 1292 Oct. 14, [Sixteen days after F. of St. Michael, and Morroic of Trans. St. Edwd. K. and Conf.) at Berwick on Tweed. An answer, "that the Right to the Succession was to be de- cided 'Sicut Comitatibus, Baronibus et aliis Tenuris impartibi- libus,' " is made by the Bishops, Prelates, Earls, Barons, "Pro- ceres, Magnates et Nobiles, ac Auditores de utroque regno," and that if any doubt arose, the King was to make a new Law, " con- silio Procerum et Magnatum suoruni." (c) Jan. 7. (M. of Epiphany.) A Parliament is held at 1292 London. Certain Statutes are made, (d) Dec. 22. [Monday before Natale Domini. J A Parli- 1292 ament is held at Newcastle-upon-Tyne. "^21^ April, [de Termino PaschcB. ) A " Parliament "is held 1293 at London, in the Manor of the Archb. of York. A proceeding is taken against the Archbishop, and other Acts pass, {e) (b) Wikes. Ann. Wav. 'Rep. I. 204-5. The P. Hist. 1. 88, places these proceed- ings in the Parliament held Jan. 1290, though the reference is, 89, to Wikes, anno 1289, who makes the distinction. As tlie King returned, Aug. 1289, and it is known that his first Pari, was in Jan. 1290, this error is not easily explained. The Eds. of tlie Pari. Writs observe that great obscurity attends the history of the Paris, convened in the course of this year. (c) From several entries in this Roll, it appears that the Justiciaries, Chancellor and other members of the Kings Ordinary Council were included in one or all of the words, " Proceres, Magnates, Nobiles." Rep. I. 205-7-8. These proceedings continued till the close of the year, 21, and occupied the King at Norham, Berwick, and New- castle on Tyne. M. Westm. an. 1291, (d) These Statutes are dated F. of St. Hilary and M. of Purif., an. 20. Rolls 20, Ed. I. Rep. I, 208. (p) Placita, Rolls, 21, Ed. 1. Rep. 1, 208, (/) Rolls, 21 Edw. 1. Rep. 1 208. A. R. 20 21 56 EDWARD I. July 8. (\b St. John B.) A Parliament is held at Canterbury. {J) Sept. 30. {After F. of St Michael. J A Parliament is held at London. '294- Jan. 20. A Parliament meets. ^22^' Juli/ 22. {One mo?ith of St. John B.) A Parliament is held at Westminster. Sixty Two Barons are, by name, summoned, " wherever the King might then be." (//) Sept. 21. (F. of St. Matthew Apostle.) A Convoca- tion of the Clergy is held at Westminster. The Archbs- of York and Canterbury are, by writs, com- manded to summon the Dean and Chapter of his Church, and the Archdeacon and Clergy of his Diocese, the Deans and Arch- deacons in person, and the Clergy of the Diocese by two suiBci- ent Procurators, to meet the King at Westminster on this day, to give their " concilium et auxilium." Tested by the King, at Portsmouth, 19 d. August, (h) Nov. 12. fM. of St. Martin.) A Parliament of Earls, Barons, and " Proceres " or " Magnates " is held at Westminster. To meet these, the Sheriffs of England are directed by writs, Oct. 8, to send two Knights from each County, " de discreci- oribus et ad laborandum potencioribus," with full power to consult and consent to those things which the Earls, liarons and Proceres ordain. By second writs, Oct. 9, the Sheriffs are commanded to send two other Knights, besides the last, " legales et ad laborandum potentes," to hear and do what shall then be more fully enjoined. («) 1294. j^T^y. 23. (simdaij M. of St. Edmund King.) A 23 Council, or Parliament, is held at Worcester. The chief matter of debate is the Welsh rebellion, (k) ^^^^' Aug.\, (^^ or within three days afterwards.'') A Par- 23 liament is held at Westminster, to which are summoned (by writs, tested, 24 June) the Archbishops, Bishops, (g) These writs, tested, Westm. June 8, for a " Colloquium et Tractatus," are pro- bably for the Pari, at Whitsuntide, mentioned Pari. Hist. 1, 97, from Rymer's Public Acts, II, G52 though the Convocation of the Clergy was a subsequent proceeding Rep. I. 209. The Placita mention proceedings in a Pari., at Westm., one month alter St. John, perhaps that which is here noticed. Rep. 1.210. Writs of Mihtary Sum- mons were issued on the Uth June. Rolls, 22. Edw. I. (A) Writs to the Archbp. of Y. state that the K. intends to be at Westm. on the F. of S. Matthew, Sept. 21, to confer and treat with the Prelates and Clergv, tested Ports- mouth, 10th Aug. Pari. Writs, I. 19. The Editors remark in a note, that the Clause now used, appears to have furnished the precedent for the Clause to the same eftect'(of summoning the Clergy) in the Pari. Writs. Similar Writs, mutatis mutandis, are directed to 18 Bishops and G7 Abbots. Rep. III. App. I. 69. P.W.I. (0 P. W. I. These Writs are inconsistent with any proceeding on record, prior or subsequent. The object may have been to induce the Mihtary Tenants, who bad not been disposed to perform tlic services against the K. of France,' according to the requi- sition of the 14th June, to accede to thi^ Knife's demands. Kei>- 1. 211. {k) Writs of Milit. Array are .also sent to numerous Earls, Barons, and Knights, to bring their service to Brecknock, Carditf, &c. Rep. HI. Ap. I. «1. EDWARD I. 57 42 Abbots, 1 1 Priors, the Masters of tlie Orders of Sempringliam, of tlio Temple, and of St. Jolin of Jerusa- lem, 1 1 Earls and 53 Barons, tlie Justices of both Benches, and in Eyr, the Barons of the Exchequer and others of the Council, to treat and advise with the King. {IJ Aug. 16. {Morrow of Assumption.) A Parliament meets at Westminster. An ordinance "de Prisonibus prisonam frangentibus " is made. (/«) November 13. {Sunday after F. of St. Martin.) A 1295. ^ Parliament is summoned to Westminster, by writs tested, ^gg"" Wingham, 30 Sept., a. 11. 23. 1 The writ to the Archb. of Canterbur}', is as follows " Sieut / Lex justissima, provida circumspectione sacrorum principum stabilita, hortatur et statuit, ut quod omnes tangit, ab omnibus approbetur, sic et innuit evidenter, ut communibus periculis pro (per ?) remedia provisa communiter obvietur. Sane satis noscis, &c. Quia igitur, praevisa jacula minus Isedunt, et res vestra maxime, sicut caeterorum regni ejusdem concivium, agitur in hac parte, vobis mandamus in fide et dileccione quibus nobis tenemini firmiter injungentes, quod die Dominica proxinia post Festum S'- Martini in hyeme, proximo futurum, apud VVest- m™- personaliter intersitis. Prcemunieiites Priorem et Capit- iilum Ecclesise vestrse, Archidiaconum, totumque Clerum vestr. Dioc»- facientes quod iidem Prior et Archidiaconus in propriis personis suis, et dictum Capitulum per unum, idemque Clerus per Procuratores duosidoneos, plenamet sutficientempolestatera ab ipsis Capitulo et clero habentes, una vobiscum intersint, modis omnibus, tunc ibidem ad tractandum, ordinandum et faciendum, nobiscum et cum cseteris Pi-selatis et Proceribus, et Aliis Incoiis regni nostri, qualiter sit hujusmodi periculis et excogitatis malitiis obviandum. Writs, of the same date and form, are directed to the Bishops of Ely, Norwich, Winchester, Ilochesler, Durham and Carlisle. Also, to the Archb. of York, the fis- of London, Chichester, Oxford, Hereford, Salisbury, St. Asaphs, Bangor, St. Davids, Landatf, with this variation in the clause " Prcemunientes Decanos et Capitula Ecclesiarum suarum, Archidm- totumq. Clerum suarum Diocesium, facientesque quod iidem Decani et Archidia- coni, in propriis personis suis, et dicta Capitula per ununi, idemq. Clerus per duos procuratores idoneos, &c., ut supra. Also, to the Bishops of Bath and Wells, Coventry and Lich- field " Prcpmunienfcs Priorem et Capitulum Bathoniense et Decanum et Capitulum Wellense Ecclesm- suarum, necnon Archid. et Clerum " &c. And to the B. of Cov. and L. " Free. CO P W I It does not appear whether this Assembly met. It may hare been prorogued to the 15th, when a Pari, was certainly held. There are no Writs for Knights, Citizens, or Burgesses. Rep. III. Ap. 1. 64. .v . u (wO The Pleas of this Pari, are preserved. I he Report supposes this to have been an " Ordinary Parliament," in which the K. assumed tlie power, with his Council, to make such a Statute as the Ordinance. For the purpose of an Aid, he summoned the Prelates Earls, and Barons, and required the attendance of Knights of the Shires, and Citizens'and Burgesses generally, or of his Demesnes. Rep. 1. 217. Rolls, 23 Ed. I. 5S EDWARD I. munientes Priorem et Capifi- Covent,, et Decan. et Capit. Lichf.. &u." Similar writs, without ths clause, are issued to 67 Abbots (namely, the Abb*- of St. Augustines, Cant., 4 Exempt Abbots, 19 Premonstratensians, 43 Cistercians) and to the Master and Prior of the Order of Sempringham, the Prior of St. John of Jerusalem, and the Master of the Temple, in England. Writs (tested, Canterbury, 1 d. Oct.) are issued to the E. of Pembroke, Seven other Earls, and Forty One Barons, for a " Colloquium et Tractatus " with them and the other " Pro- ceres regni," et " ad tractandum, ordinandum et faciendum nobiscum et cum Proelatis et cseteris Proceribus, et aliis incolis regni nostri, 7 Barons, and to the Sheriffs, for the election of Knights, Citi- zens and Burgesses. The Citizens and Burgesses grant an J-ighth, the Karls, Barons and Knights a Twelfth, of their move- ables. The Clergy, in obedience to a Bull from the Pope, refuse to make any grant. The Archbishop of Canterbury declares that "the)/ are more tinder siihjection to their Spiritual, than to their Temporal Lord." With the consent of the Karls, Barons and others, the King puts the Archbishop and Clerg^-^ out of his pro- tection and defence. The Parliament continues to sit, though the Bishops are excluded, (p) Jan. 2. {Morrow of Circmw'-) A Council, Parlia- 1297. ment, or "Colloquium," is held before the Kin) P. W. L Knighton, 2492, gives an account of these proceedings. On the I2th of Feb. following, Edward issued Writs to all the Slieriifs to take into the King's hands all the Lay Fees of all the Clergy. Some Boroughs of their Demesnes thuj came into the King's h.ands, and were, probably on this account, required to send Burgesses to the next Parliament. Among tlie Pari. Writs, is a Record, dated 1'296, 26 Sept., of the election of Two Citizens to appear for the City of London, in the Parlt. at Bury St. Edmunds. The election is by the Aldermen and four of every Ward, who grant 20s. per diem to the Citizens elected, for their expense in going to and returning from the Parlt. A second, or confirmatory election of tlie .same, is made, Oct. 8, in presence of tlie Cuslos and .'Vldermen, by six of the best and most discreet persons of every ward. There is, also, "a Procuration," dated 19 Oct., granted by the Prior and Chapter of Christ Church, Canterbury, appoinling two Proxies to appear, and " ordain" on their behalf, together with tile Prelates and other Procurators of the Clergy of the Prov. of Cant, at tins Parlt. ; also, the record of llic election of Four Citizens. " elected " to go to the same. 60 EDWARD I. AVrits are directed to the City of London for 4 Citizens, and to 19 other Cities and Towns for Citizens and Burgesses. The subject of consideration is the town of Beri\ ick upon Tweed (q) 1297. Feb. 24^. {Sunday F. of Matthias Jp.) A Parliament ^2^' of '• Magnates and Proceres " is held at Salisbury. Writs are issued to the E. of Cornwall, and five other Earls, to 75 Barons, to 9 Knights, (including the Chief Justice,) and 4 others of the Council. No Prelates, Knights, Citizens or liurgesses are summoned. The King endeavours to charge the People with an extraordinary aid, and to compel all persons who held land of the value of £20 a year, whether their Tenure was of the King in chief, or immediately of others, to attend his Expedition in Flanders ; a grant is made in consideration of his promising to confirm the Charters, but the Proceeding is after- wards held illegal, as not effected by competent authority, (r) Sept. 30. {Morrow of St. Michael.) A Parliament " Colloquium et Tractatus," is held at London by the Regent. Writs, issued in the King's name, summon the Archb. of Cant, (without the clause) 6 Bishops, 17 Abbots, 5 Priors, Master of the Temple, 2 Earls, 8 Barons, to meet the King's Council, on this day. Subsequent writs, command the Sheriffs to cause to be elected Two Knights for each County, with sufficient power, to attend on the Octs. St. Michael, (Oct. 6) " recepturi et facturi ulterius quod per dictum Filium, et Concilium nostrum, ibidem fuerit ordinatum." The Charter of 9 Henry 3, " the great Charter of Liberties," is confirmed by the Prince for the King; "innovata et con- \. firmata." Additional Articles are made, particularly the ^^Statute " de Talliagio non concedendo," which, among other provisions, declares that no manner of Tax or Aid, except the ancient Aids and Prises due and accustomed, shall either be im- posed or gathered by us, or our Heirs, for the future, without the common consent and free will of the Arch^- Bishs- and other Prelates, the Earls, Barons, Knights, Burgesses and other Free- men of this Realm, &c. These are afterwards confirmed by the King, and the confirmation is received by the Knights sum- (g) These Writs, Sec, are among the Parliamentary Writs. Other Writs of distrin- gas for compelling the attendance of certain Citizens and Burgesses at B. up. T., in days of Easter, (April 21) are tested, Harwich, 11 Jan. Tyrrel says the Pari, of Kov. 3 was adjourned to the Morrow of St. Hilary, when the Clergy were required to meet the King, and the Archb. of Canterbury makes his declaration. This he calls only a Great Council of Bishops, Earls, and Barons, to which no Commons were sum- moned. Vol. 2. p. 200. {r) The Ed. of the Pari. Writs, I. p. 28, says, " In consequence of the contumacy of the Clergy, none were summoned to this Pari. When the Clergy re-assembled, pursuant to the adjournment of the Pari of Bury, they deliberated on the King's commands. They were divided into four Houses: (1) Bishops and their Proxies; (2) Deans of Cathedrals and Archds.; (3) Abbots and other heads of the regular Clergy ; (4) Procuratores of the Parochial Clergy. After many discussions, it was determined that no grant could be made. The Archb. of Canterbury declared the resolution of Convocation to the King's Commissioners. The King, extremely indig- nant, put the whole body of the Clergy out of his protection, ordering their lands to be seized. Their opposition was thus much broken, and almost all made " Fine" with the King. There is no evidence that the grant was made by a I-egislative Assembly, and it seems that the manner of levying it was ordained by the King and his Council. The Patent Roll, a. h. 2.^, recites the nature of tlie grant. (Rep. 1.220-221.) Circat dis- turbances arise in consequence of these attempts of the King, who, though he can obtain no money, sails for France, -Vug. 22, leaving his son his Lieutenant in England. EDWAKD 1. 61 inoned for that purpose. The Archb., Bish., Abbots, Priors. Karls, Barons, Knights et " alii de regno, extra Civitates, Bura'os et nominka," grant the King a Ninth of their Moveables, 'J'he City of London afterwards, makes the same grant, (s) March 30. fPalm Sunday.) A Council is held at i298. Westminster. „ , ^ ., "^26* The Bishops of Ely and London, and 21 of the Council are summoned. (0 April Q. {Easter.) A Parliament meets at London. Certain Ordinances are made. («) May 2b. {IVhitsunday.) A Parliament assembles at York. ' Writs appear to the E. of Surry, who is to bring with him such of the Barons in his service as he thinks fit; to 5 oth^ Earls, " cum pauciori geute qua poteritis," and to the Slieriff, commanding the Election of Two Knights for every Shire and Two Citizens and Burgesses from every City and Borough, with (s^V W I. No writs appear for the Election of Knights, Citizens, or Burgesses. Probably tliis was only a Conference with the Prince, and King's Council, in his ordi- nary Pai-liament, on the disturbed state of the Country. Ihe A\r.tsare ^^ ed, SePt 9. Bv the V^rits of Sept. 15, the Knights arc not summoned to deliberate, but only to re- ceive the King's Cliarters, and Letters Patent, and do what the Prince and Council ordain. Thut. even in 25th Edw. 1, the Constitution of the Leg. Assembly was not definitively settled, or was not considered by the King a egal establishment (Hep. 2>4 ) Several Writs, of previous dates, appear in the Collections, but are chiefly for Military Service, or for attendance at Councils. By Writ, 20 Aug ; HO Persons are commanded to appear "in fide et dilectione,"at Rochester, on Sunday, Nat. of \ irgin ( Sep. 8) with horses and arras, to hold a " Colloquium" with the Prince ; Gl other per- sons are summoned, bv Writs of 28 Aug., 3 Sept. 5 and 9, to the Bishops and others; also, 9 Sept., to the Earl of Arundel and others, to hold a " Colloqumm with the King s ton on Sunday before the F. of St. Michael. A Convocation of the Clergy of the Prov. of Cant., is also held at the New Temple, on the F. of St Lawrence (Aug. 10 ) bv summons from the Archb. to the B. of London concerningthe Confirmation o the Charters. The form of Taxation of the Clergy is also published by the K. and Council ; "as the Clergy must not assist in the defence of the Kingdom by deeds of arms, it is oAered Uiat one third part of their Temporal goods shall be levied for the necessary Entermise.'' No Levy to be made from Tythes, Ecclesiastical dues, nor rom goods purelv Spiritual, nor from Clerks, whose benfices do not exceed five marks. Ihis may liave reference to a writ of 15 May, requiring their military sx-rvice. Ihe B. ot Durham, and 14 other Bps., are required to attend the muster at London, 8ves bt. J. Bapt. with horses and ai:ms and some of their men. ^ , . , ,, „ .;„.i f^ In the above Writs, the word " Colloquium" is used, which was equally applied to Parliament and Council. ,,r ^ ,« /-> » „ or;\ n,„ From the Charter of Edw. 1 (tested by the King's son, Westm. 12 Oct. a R. 25) the Charter of 9 Hen. 3, has been commonly taken, but it has some variations. (Rep. 225.) From the tenor of many Instruments, it seems clear that the Charter 9 Hen. 3, and not that of John, was esteemed the great Charter binding the Kmg and the People. Edw 1 alludes only to that of his father ( Rep. 228). The whole ot this proceeding seems rather a compromi,-e between the King and the People, than a legal constitu- tional act, (K. 227). No trace is to be found of any Law expressly authorizing the constitution of anv Legislative Assembly for any purpose, except the partial provisions in the Chart, of John, probably never acted upon, and certainly, as a special statutary provision, afterwards abandoned. The constitution of the Leg. Assembly must be considered as resting in usage, as declared by Statute in 15 Edw. 2, and such usage can only be clearly evidenced by the practice since 23 Edw 1. But, from the proceedings 23 24 25 Edw. 1, it is evident, that though a right to resist arbitrary taxation was insisted on, and some legal form was considered necessary, such form was not settled by law Even the present grant was not by Citizensand Burgesses. The Convention of a regular Assembly in Pari, whenever the Crown wanted aid from the People, henceforth became a necessary measure, and to which the resort became frequent in consequence of the increasing necessities for extraordinary aids. ( Rep. 231 -2 ) it) By a Writ, tested 3d. Jan., addressed to Kob. de Burghesshe, Warden ot_the Cinque Ports, he is commanded to send Two, "de melioribus et discretioribus," ol each Port, to meet the Bish. of Cov. and Lychfield, and others of the Council, at Westm., on the 8ves of St. Hilary next. This was on the special business of proviOing ships for a convevance to Flanders. {u) See Rep. \. p. 235. Rolls, 26 Edw. 1. 62 EDWARD I. full power to meet the King, Earls, Burons, et "ca?teros Pro- cere? regni," and to do what " de Communi Concllio ordinabitur." A fresh Confirmation of the Charters is obtained, the last having been issued by the King in a foreign country. The Scotch Lords were summoned, but disregard the sum- mons, (v) Sept. 15. (OcP- Nat. of Virgin.) A Parliament, or Assembly of Military Tenants, is held at Carlisle. The King makes grants of I^ands in Scotland, to his Ijieges. {tv) 129B. Dec. 17. [JVerln. after F. of St. Lucy Virgin, Dec. 13.) ^•^^- A Conneil is held at York. Twenty individuals are summoned. (,r) 1299. March 8. {First Sunday in Lent.) A Parliament of 27 ' the Prelates and " Proceres" meets at London. "Writs are directed to the Archb^-. and 18 Bishops (without the Clause), to 35 Abbots, to five Priors, Edmund, E. of Cornwall, and 10 other Earls, to 78 Barons, and 21 of the Council. The statute " De Finibus levatis" is made, (y) May 3. (15 of Easter.) A Parliament is held at Westminster. AVrits are issued to the Archb. of Cant., and 10 Bishops (with- out the Clause), to 26 Abbots, the E. of Cornwall, 10 Earls, and 46 Barons and Knights. The Statute "de falsa moneta " is made, (z) Oct. 18. {F. of St. Luke Ev.) A Parliament, or Coun- cil, meets at the New Temple, London. To this are summoned, besides other " Fideles," the Archb. of Canterburj^, five Bishops, four Earls, and five others of the Council- (a) («/■) P. W. I. In consequence of the Refusal of the Scottish Nobles, the King issues his Commission of Arrav. Musters are ordered at Roxburgh, &c., and after the battle of Falkirk, at Carlisle. 'For the Pari., 25 May, no V\ rits for the Clergy are on record. (j/O P. W. I. (1) App. I. Rep. III. p. 101. , . ^, (y) P. W. I. No Knights, Citizens or r>ui-gesses, or inferior Clergy, are summoned. It appears that it was not thought necessary to the validity of a Law, imposing no direct charge upon the subject that sui h Representatives should be members of the Assembly. From the Charter of John, to tlic Statute of Tallage, all the Provisions in restraint of the power of the Crown, are confined to the imposition of such charges, the great object of jealousy. The necessity for obtaining money by general charges on the subject, produced, it is probable, the representative system, and finally led to the esta- bli.-^hment of the II. of Commons as a necessary part of the Legislature, for all pur- poses. (Rep. 1.236.) It may, however, be added that the Parliamentary \\ rits contain a memorandum of the Elcctioii of Four Citizens of London for tlie Pari, sitting and begun at Westm. on the first Monday in Lent, 9 March. This, perhaps, sliews that we cannot always conclude as to the absence of any members, from the absence of Writs of Summons. (2) P. W. I. This Parliament again appears to have had no Knights, Citizens or Burgesses or inferior Clergy. The Kniglits included with the Barons, were evidently not for the Shires. It is to be remarked thattlie Summons were quite at the discretion of the King, who, on the last occasion, called 39 Abbots. His own convenience seeins to have been the onlv rule. ( See Rep. I. 23G.) (a) P. W. I. This was probably onlv one of the King's Ordinary Parlts., a Court of Justice and Council, but the Writs are " de Parliamento tenendo," and it is evident that all the meetings of tlie Council, acting only as a Court of Justice, were then usually termed Parliaments. ( Rep. I. 237.) The P.irl. Hist. I. 1 11, says, that the Pari, at Lent, 1299, met, according to Stowe, at Stebenhcath (Stepney). Letters, dated Stepney, 7 d. May, a. r. 27. allude to certain matters, as "a eel jour assentu," by the .\rchb.' of C, Bifhops, Earls, Barons, and others of the Council. (U. App. 1. lOii. ) EDWARD I. 63 March 6. {Second Sunday in Lent.) A Parliament ^^oo. of Prelates, Majrnates and Proceres is held at London. as ' Writs are issued to the Arclib. of Canterbury and to the Chapter of York, Keejjer of tlie Si)iritualities of the Vacant See, to send a sufficient Proctor with full power, to 17 Bishops, and the Keeper of the Bishopric of Lincoln, then vacant (with the Clause) to 72 Abbots, to the blasters of Sempringham and of the Temple, and to the Prior of St.. John of Jerusalem. To the Earl of Cornwall, 9^ Barons, to the Chancellor of the Exchequer, and 37 of the Council. To all the Sheriffs, for the election of Two Knights, Two Citizens and Burgesses to have full power, to do " quod tunc de communi consilio ordinabitur." The judgments and orders on the matters which come before the Parliament are given by the Council. The "Articuli Super Chartas "^the " Statutum de Appella- tis," are confirmed, and made. In the former, an additional pro- vision is granted to the People," " That they should have 'the Elec- tion of the Sheriff of eve'^y Shire where the Shrivalty was not in Fee. (b) May 20. {Morrow of Ascension.) A Council is held at York. Writs are issued to the Sheriffs, Coroners and Community of all the Counties, to send Three Knights, or others, of the most honest, lawful and discreet Freemen (Liberi homines), to be elected by the assent of the County, to do and perform what shall be enjoined them by the King, towards the observance of the Charters, (c) July 1. A Parliament, or Council, is held, of the Bishops, Knights, Barons and other Nobles of the King- dom, at Carlisle, {d) Jan. 20. {Octaves oj" St. Hilary.) A Parliament meets isoi. at Lincoln. Writs are directed to the Archbs- 18 Bishops (all, except AVinchester) 80 Abbots, the Masters of Sempringham, the Tem- ple, and the Prior of St. John of Jerusalem, 10 Earls, 80 Barons and Knights, and to the Sheriffs of England, of 23 Counties hav- The P. H. 1. 113, speaks of another Pari. held at York, at Martinmas (Nov. 11 ?) of this year, but gives no authority. (b) P. W. I. This Assembly was probably convened to obtain an aid for some spe- cial purpose. It was a full Pari, capable of granting such an aid, though none appears to have been granted, or required. (K. I. 237.) The Statutes and Charter^ of the Par- liament are tested at Westminster. The Report (p. 23H) says "the Pari, assembled at London, may have attended the King in his palace at Westmr. where his Council met, and where the business was probably transacted. From the Writ to the Archl/p. of Canterbury, '26 Sept. a. r. 28, reciting' the continnation of the Charters in tliis Par- liament, it might be supposed, that only the King, Prelates, Earls, and Barons, or Mag- nates attended ; as it is s'ated, that the King meant to proceed by their advice. (R. 1.238-9). The King's Ministers and Council were ex officio, and riot by Election, Membersof the ParUaments. Rolls. 28, Edw. 1. Among tlie Pari. Writs, is a memo- randum, 1300, London, 3 d. Feb. of the Election of Four Citizens to serve in Parlt., by the Mayor, Aldermen, and Six of tlie best and most discreet men of each Ward." N'o Parlt., to which they can have been summoned, is on record. On the 20th March, Writs are addressed to the Sheriffs of Somerset and all other Counties, " de Expensis" for the Knights returned March 6. Also for the Citizens and Burgesses, addressed to the Mavors and Bailiffs, or Bailiffs respectively. (c) P. W. \. {.di P. W. I. A. R. 29 64 EDWARD I. ing l-'orests, the rest without, for the Election of Two Kniglits from ev^ery Cou)ity, (except Chester and Durham), requiring those who had appeared for the Shire in the last Parlt., and for the election, from every City and Borough, of the iame Citizens and Burgesses, as appeared in the last Parliament ; if any are dead or disabled by infirmity, others are to he elected in their stead — the said Knights, &c., to have their expenses in coming to, staying at, and returning from the Parliament. The King Avishes to have a " Colloquium " with the above, and with others of tlie Community of the Kingdom, respecting the Perambula- tions of the Forests, and on other arduous affairs. Writs are also issued to Two Justices of the Forests, N. and S. of Trent ; to IG Magistri, learned in the Law ; to 22 of the Council; to the Chancellor of the University of Oxford, for 4 or 5 of the most discreet persons best versed in the written Law. To the Chancellor of the University of Cambridge, for 2 or 3. With the Magistri, the King wishes to have a special Colloquium and discussion, and with others of his Council, on the rights and dominion appertaining to him in the Kingdom of Scotland. The King again confirms the Charters of Liberties, and the Assembly then grant him a Fifteenth, though the Clergy still refuse to be taxed without a Special Licence from the Pope. An Ordinance is made, " Statutum de Escaetoribus." A Letter is addressed by the Earls and Barons, the whole Baronage of England, in number 104, to the Pope denying his claim to the Kingdom of Scotland, as a Fief of the Holy See. (e) 1302. March 18. {Second Sunday in Lent.) A Council, or *3o' Parliament, is held at London. (/) (e) P. W. I. These Writs are tested Rose Castle, 26 Sept. a. r. 28 (1300) Tt may be a question when the Pari, was held, to which a reference is here made. That at Carlisle, of which we have no records, may have been intended. The Writ to the Archb. of Canterbury recites, that for the observance of the Charter of the Forests, the King had assigned persons to make the perambulation, and that returns had been made to him, but because the Prelates, Earls, Barons and other Magnates, by whose advice he meant to proceed, were not then present, he desired to have a conference Src. This Parlt, met on Special business. Itmay be inferred from the particular directions given with regard to Knights and others, that, on common occasions, the same mem- bers were not returned for successive Parliaments, and that a new Election generally took place. The good sense of the King or his advisers seems to have discovered, that such a change was not always the best means of carrying into effect important mea- sures, and that a practical knowledge and experience in affairs were often requisite and could not be possessed by novices and strangers. A ground for such frequent changes was, however, to be found in the difficulty of procuring the attendance of the inferior orders of the Legislature, who were averse to the trouble and inconvenience, whatever might be their opinion as to the honor conferred by their election. That the Knights, and others, were present in this Parlt., is proved by a Writ for their expences dated 30 Jan. (see Pari. Writs, and Prynne IV, p. 16.) It does not appear that any thing was done with respect to the Forests. Writs of the same date (26 Sept.) were issued to the Abbt. and Convent of West- minster, to make a diligent search in their Chronicles and Archives for whatever may relate to the Kingdom of Scotland ; and similar Writs are addressed to the Abbots of the principal religious Houses, Deans and Chapters of the Conventual Cathedrals, Src. The Writs of expences are dated Jan. 20, but the I^etter to the Pope, and other Acts, are dated Feb. 12, &c., whence it appears, that the Nobility continued to sit long after the Commons were dismissed. The Charters, scaled witli the King's Seal, are afterwards carried into every county, and read before the people. Sentence of Excommunication is proclaimed against the violators of them. The Pari. H. I. 1 IS, says, "In this Pari., the King created his eldest son. Prince of Wales and Earl of Chester. A Writ of 1 March, App. I. 129, calls him P. of Wales. The Pari. Writs, I. p. 49, note, state that " Walsingham speaks of a Pari, at Stamford, held about Lent, although the account is followed by a distinct narrative of the Pari, at Lincoln." Tyrrel, Vol. III. p. 149, alludes also to a Council or Pari, held at the same place and time, apparently in the following year, 1.302, when compl.aints were made, tliat the Forest Laws wore not yet put in execution. P. 11. I. 12.5. Were the two la^t the same Parliaments ? Rolls, 29 Edw. I. (/) The I'arl. Writs. 1. .')5, give a Summons to Magr. Rob. de Pickering, to attend KDWAUIJ I. 65 July 1. {Oct'- St. John Bopt.) A Parliament is held at Westminster. Writs^are issued to the Archb^- (the Archb. of York to appear personally or by a suificient Trocurator,) to IG Kisho])s (without the Clause) to 44 Abbots, the Masters of the 3 Orders ; also, to Edw., P. of Wales and E. of Chester, to 9 Earls and 82 Burons, to 17 of the Council and 17 Magistri. (g) Sept. 29. {F. of St. Michael) A Parliament is sum- moned to London. Writs are addressed to the Archb. of Cant, (without the Clause), to the Archb. of York, to appear in person, or by a sufficient Proctor, to 15 Bishops, 44 Abbots, the Masters of the three Orders, 9 Earls, 82 Earons, to all the Sheriffs, commaud- insr, that, as by consent of his " Magnates," the King had ordered a Parliament to be held &c.. Two Knights shall be elected from every Shire, and Two Citizens and Burgesses from every City and Borough, with full power to do " quod tunc de cora- muni Consilio ordinabitur." Writs are also addressed to the Barons, Probi Homines and Community of the Cinque Ports, to send, from each Port, three or four of the most honest and discreet men, to hear the King's decision and will, respecting their contentions and discords, and farther to do what shall be ordained. This Parliament, by writs of 13 Sept., is prorogued to Oct. 14. {Morroiv of St. Edward.) fhj Jan. 6. {Sunday in F. of Epiphany.) A Couneil, i303. (" Colloquium et Tractatus") is held at Odyliam. («) '^3/'' Feb. 16. {Fuesday in 15 days of the Furif"^-) A 1305. Parliament is summoned to Westminster. Writs are issued to the Archb. of Cant., the Dean and Chapter of St. Peters, York, Keeper of the Spiritualities of the vacant before the Chancellor on arduous affairs. This cannot have been Tyrrcl's Parliament at Stamford ? {g) P. W. I. This, in the Record, is called "a Full Parliament ;" but there are no Writs for Knights, Citizens, or Burgesses, or inferior Clergy. The Writs issuoil, June 2, speak of Westminster as the place of meeting, but subsequent Writs, of 24 July, call it London. A Parliament summoned for London or Westminster might be styled, indifferently, as held at either. ( Rep. L 242.) It appears that Edward did not now hold his Parliaments regularly four times in the year, as in the early part of his reign, probably in consequence of the distraction of his affairs. On the 13th June, Writs are directed to the Sheriffs of Warwick and York, to pro- claim that no Tournaments, or Justs, should be held, or " Adventures sought," until the conclusion of Parliament. Rolls, 30, Edw. L (A) P. W. L Rep. App. IIL 14(3, &c. The Writs say in Festo Si. Michaelis ; but the Placita say. "a die Si. Ms. in 15 days, A. u. 30, wliich is the Morrow of St. Edward. The Rolls also say 15 of St. Mich. a. r.30. The Writ to the Archb. of Canterbury says, it was ordained "in the last Parliament," that another should lie held. This proves that the meeting of July 1, though without Knights, Citizens, or Burgesses, was so considered. The " Assensus Magnatum" appears by the Writs to the Sheriffs, to have been also held necessary for such a purpose. The Writs of Prorogation are to all the parties already specified. The Sheriffs are again enjoined to cause to be elected two Knights, &c. The Commons were detained at this Parliament a very short time, as the Writs "de Expensis"for Knights, are dated Oct. 21. There is no Statute, or appearance of business transacted in this Parliament. (Rep. L 242.) The Pari. Hist. I. 125-6 alludes to a great Council held at Stamford in Mid-Lent on the authority of Tvrrel, and the Annotator on Rapin. (0 A Writ, also tes'ted Jan. 28, requires tlie Arciib. of Dublin "in fideet dilectione," to come in person to tlie King as soon as he can, or at least to the next Parliament on important affairs. P. W. I. Rep. App. 111. 1.55-(). K 3S 66 EDWARD I. See, and to all the Bishops, with the Prsems- Clause, to 75 Abbots, and the li IMasters, to the Prince of Wales and E. of Chester, to 8 Earls, 94 Barons, to 34 Justices and others of the Council, and to all the Sheriffs, to elect Knights, Citizens and Bui'gesses. By other writs (22 d. Jan.) this Parliament is prorogued to Feb. 28. {Sunday after F. of St. Matthias Ap. ) On this day, the King appoints Four Individuals to receive all Petitions presented in the Parliament, and proclamation is made, that all such should be delivered to the Receivers, on or before the First Sunday in Lent, INIarch 7- Receivers are also ap- pointed for Scotland, Gascony, Ireland and Guernsey. The Ordinances for Inquests and for the Forest are made. An Ordinance is made " at Lent," " That the Community of the Land of Scotland should assemble at Perth, on the JMorrow of the Ascension, (Alay 28) to elect those who should come to the King's Pai-liament at London, in 3 weeks after St. John Bapt. (15 July) for the whole Community of Scotland, ten to be elected at their Assembly, namely, 2 Bishops, 2 Abbots, 2 Earls, 2 Barons, and 2 for the " Commune," one from this side the Forth, and one from beyond the Forth, " et etiam ad ordi- nandum de certa et secura custodia dict^e terrae, &c." The Per- sons so elected to have their costs and expenses levied upon the said Communities." Proceedings are, also, taken against Nicholas de Segrave, a Baron, high in confidence and having the command in Scotland, and judgment is given against him, before the King, Earls, Barons, iMagnates and others of the Council. On the 21st March, a Proclamation is made, by the King's com- mand, to all the Members of the Parliament, Archb^-, Bishs-, and other Prelates, Earls, Barons, Knights, Citizens, Burgesses, and others of the Commons who had come to this Parliament by sum- mons of the King, thanking them for their attendance and willing, as they desired, that they should then return to their Counties, so that they should come again precisely and witliout delay, at such time, as they should be again remanded, except the Bishops, Earls and Barons, the Justices and others of the Council, who should not depart without special leave of the King, and those who had business should remain to follow their business ; and the Knights who were come from the Counties and others from the Cities and Boroughs, should apply to Sir Johan de Kirby for writs for their Expences, and he should give their names to the Chancellor." (Ar) (*■) P. W. 1. The Writ? for this rarliameiit are tested 12 Xov. a. b. 32. The King's absence and the war in Scotland seem long to have interrupted all Parliamentary pro- ceedings. Much business was done in thi^ Parliament, and tlie proceedings are more regularly entered on the Rolls than those in former Parliaments. (Rep. I. 244-.5.) In the Pari. Writs, is a Letter, dated Walsingham., 2 Feb., in which the Sheriffs of Surrey, Sussex, Kent and London, arc commanded to make purveyance of Provisions required bij ike Court during the Sitting of this Parliament. Sussex and Surrcv are to furnish 2!)0 qrs. of Wheat and 3!) barrels of Ale, Kent 200 qrs. of Wheat, I;ondon'SO bar- , relsof Ale. The Pari. H., L p. 12fi-7, gives, from Rylcy, a detailed account of the " primary ceremonials " of this Parliament. It does not altogether appear that these Receivers were then for the tirst time appointed. The Report, p. •2i'\ says those Pe- titions having no relation to Legislative jiroccedings, were commonly dispatched in Parliament by the Chancellor, .Judges and other members of the K. Council, without any interference of the Lords and Commons of the Parliament. .'V petition presented in this Parliament by tlie Prelates, Nobles and other " probi homines" for power to talliago the ancient Demesnes which thev liold, as the King talliages his Demesnes, is granted, Rolls 33 Edw. I. A Writ to the Sheriff of North- EDWARD I. 67 July 15. (3 weeks aft. St. John B.) A Parliament is summoned to London on the affairs of Scotland. It is prorogued to the 15th August, (V. ofAssunij)tion) j and finally, to Sept. 15. {OcP- of the Nativ. of the Virgin.) The Ten elected for Scotland attend the meeting. To treat with these Commissioners, two Uishops, two Abbots, two p]arls and 15 others (Earons, Judges and others of inferior degree) are appointed, and several Articles are agreed upon for the government of Scotland. The " Ordinatio de Conspiratoribus" is made. Four Receivers of Petitions had been appointed, Sept. 4. (/) Mmj 30. {Morrow of Holy Trinity.) A Parliament iso6. is held at Westminster. ^g],'' Writs are issued to the Archb. of York, 14 Bishops (without the Clause) 15 Abbots, 4 Abbesses, (the Clergy by themselves or by sufficient Proctors or Attorneys) seven Earls, 03 Earons, (all to appear personally, or by sufficient Attorneys) ; to all the Sheriffs to send Two Knights, Two Citizens, and Two Burgesses, or only one, as the Borough may be larger or smaller. The Sheriffs are also thus directed, " Scire etiam facias Arch- iepiscopis, Episcopis, Abbatibus, Prioribus et aliis viris religiosis per totam Ballivam tuam, quod per se, vel sufficientes Procu- ratores seu Attornatos sues tunc sint ibidem," &c. The King having ordained that Edward, his eldest son, shall be decorated with the Belt of Knighthood, at the Feast of Pen- tecost, (Ma}' 22) requires the Parliament to treat of an Aid on this occasion, which is the Prerogative of his Crown The Archbs. Bishops, Earls, Barons and Communitates of the Counties grant the King a Thirtieth, the Citizens and Burges- ses and Communities of Cities and Boroughs grant a Twentieth, and the King for himself and Heirs grants that the gratuitous Concessions so made shall not be prejudicial, &c., and shall not be drawn into a Custom, (/n) ampton commands him to take Four Knights, and in their presence, order Nicolas dc Segrave to attend the next Parliament at Westminster. It appears, that the Commons sat three weeks. The Ordinances were probably made after their dismissal : that relating to Scotland bearing date March 2G, and the pro- ceedings against Segravc, not being included in their functions. The original Writs de Expensis, are dated March 20, though their formal dismissal is not till the following day. The form of returning thanks may have been usual, but there is no previous record of such a proceeding. {I) P. W. I. It does not appear that the Knights, Citizens and Burgesses of March 21, were re-assembled, though they had been, in some measure, prepared for such a call. From the King's Proclamation, March 21, it appears that the same Individuals might possibly be remanded. The Scotch Commissionerb, it is evident, were not pre- sent as regular Members of the Assem.bly. {ni) The Ed. of the Pari. Writs observes (I. 72, Note) " This Parliament, in some respects an anomalous Assembly, seems to have acted with the usual constitutional power." Its duration can have been but one day, as the writs de Expensis are tested 30 May, si.N. days after the Ceremony took place. The writs for this meeting are April 5, and on the 6th, writs are directed to the Sherifts for a Proclamation to all such as wish to be made Knights and are not, to repair to London to receive the " Appara- tus " required in such case, and which will be delivered to them "by the King's gift," from his Wardrobe, that they may take the Order of Knighthood on the same day. Two Statutes, that " of Joint Tenants" and "an Ordinance of the Forest," in the form of Cliartcrs, appear in the Statute Roll as made hi the 31 Ivlw. 1. The first is tested Westm. 27 d. May. These may have been made in the King's ordinary Par- liament. ( Rep. 247.) The aid demanded by the King was due from every Knight's Fee held in Chief of 68 EDWARD I. 1307. Jan. 20. {OcP- St. Hilary.) A Parliament, on the 3a' affairs of Scotland, and other business, meets at Carlisle. Writs are issued to the Archb. of York, It! Uishops (with the Clause) 48 Abbots, to Edw. P. of Wales and E. of Chester, U Earls, 86 Barons and 15 of the K. Council. To all the Shei-ifFs, for Knights, Citizens and Burgesses, with full power to do what shall then be ordained. The B. of Cov. and Lychfield, the King's Treasurer, and H. de Lacy, E. of Lincoln, are appointed, by Letters Patent, Commissioners to open the Parliament. Many INIembers being not yet arrived, the Parliament is ad- journed from Friday to the following Wednesday, (25) at one o'clock. The superior Clergy, Bishops, Abbots, Priors, Deans, Archdeacons, the Clergy and Chapters ot the different Dioceses send their Proxies, all being inferior Clergymen, except one. The Abbot of Waltham first appears personally, and afterwards ap- points a Procurator. IMany Abbots, not summoned, send Pro- curators. The Abbot of Combe, not summoned, did not send a Proxy, but by Letters Patent, promises, " se ratuni et gratum habiturum quicquid, in dicto Parliamento, Rex decreverit salu- briter ordinandum." The Proxies are deputed to treat with the Prelates, " Magnates and Proceres." The Statute of Carlisle, prohibiting the payment of any Tax imposed by the Superiors of their respective Houses, on any Abbot, Prior, &c., is published, "de consilio Magnatum et Pro- cerum," after full debate, " Comitibus, Baronibus, Proceribus, et aliis Nobilibus ac Connnunitatibus, regni." Petitions are presented from all the Orders, complaining of the Papal oppressions and exactions, and a Letter of Complaint is written to the Pope in the name of the Clergy and People, (n) the King. To summon all was impossible. It had been long before the practice to summon only some of the principal Tenants, who made the bargain for the whole. (248 and note 56.) It may have been to supply the defect in the summons of all who held Knights Fees, and perhaps to obtain a larger grant by including others, that \vrits were sent to the Sheriffs for Knights, &c. The including of the Prelates, had been bi'fore practised in requiring their military service, and though some special writs were sent, tliere must have been many holding by Knight's service to whom such were not directed. It was an extraordinary proceeding, devised for obtaining an extraordinary grant, to a greater amount than could have been obtained by an assessment only of each Knight's Fee, and was a departure from the custom of Aids by Tenure, and from the established law. The Assembly seems to have acted as the Lords and Commons in Parliament might have done, and instead of an aid as due by tenure, granted a general aid. The Cities and Boroughs and the rest of the Kingdom were not bound to such an aid. Edward had on other occasions attempted to disregard distinctions of Tenure, and in this attempt seems to have been successful. (248-9. ) Those from whom the aid was due by tenure, may have been disposed to lighten their own burden, by giving more in form oi'a general grant. Such irregular proceedings shew that the summons to Parliament -Of Kepresentatives of Counties, Cities and Boroughs had the effect of confounding aids by tenure with voluntary aids, that the obligations and consequences of the Feudal Tenures were rapidly falling into disuse, and that general aids, chargeable on the whole population, being more profitable to the crown, and less biu-thensome to its immediate Tenants, were now easily obtained by grants in ParUament sanctioned by an Assembly in which the immediate Tenants must still have had the greatest influence. The King's Demesnes, exclusive of Cities and Boroughs, are not mentioned in the Letters Patent. They were still liable to Tallage. It seems extraordinary that these Tenants should have concurred in the grant, ttiough they made no part of the Assembly by themselves or their Kepresentatives. Gradually, tlie Knights of the Shires assumed to be the Kepresentatives of such Tenants as were not represented by tlie Citizens and Burgesses elected by the Demesne Cities and Boroughs, and it was always the policy of Edward to put an end to distinctions of Tenures, and to render all Lands immediate Tenancies of the Crown, and chargealile alike with aids. (2.50.^ (n) KoUsS.^ Edw. I. P. W. I. Tlie personal attendance of Individuals was gene- rally dispensed with on their sending Procurators to answer for them. The Inferior Clergy were usually required to send to tlic Parliament, when any aid was to be obtained, the Ardidcacons and Deans and Keprcs. of the several Chapters, and Rcprcs. of the EDWARD I. ()U March 12. fSmiday after Mid- Lent.) A Parliament is held at Carlisle, To meet the Pope's Legate, who had been unable to attend the former Parliament. Writs are issued to 3 Earls and 24 Barons, (o) May 21. (F. of St. Trinitij.J A Parliament, or Council, is held at Westminster. inferior Clergy of every Diocosc, thus forming a Representation of the Community of the ('lergy, as the Knights, S;c., were of Counties, Cities and Boroughs, but the Clergy generally formed a separate Assembly in the grant of an aid to be levied on their Spi- ritual Possessions, the Archbs., Bishops, Abbots, Priors, summoned by Special Writs, generally joining in the grants with the Earls and Barons, of any aid to be levied in their Temporal Possessions, which they held as Baronies. The "Proceres" specially summoned seem no longer to have been summoned in the character of Tenants in Chief, but as having personal dignities by the grace or favour of the Crown, or by a prescriptive right from the repeated summons of their ancestors to Pari. As " Nobiles " they were distinguished from tliose Tenants in Chief to whom Special Writs were not directed, and who might be themselves elected Knights of Shires, or join in the election of such, as their Representatives. From the form of writs for elections of Knights, &c., the idea seemed to prevail in the minds of those who framed them, that advice should proceed from the " Magnates et Proceres," and that the attendance of the Commons was rather to obtain their assent to what should be proposed, than to obtain their advice. Throughout this whole reign, there appears a want of that certainty as to the extent of the authority both of the King and his Parliaments, which time and practice have since produced. The Legislative AsscmbUes had nearly approached the present form, but this took place gradually, and was the result rather of circumstances than of any legislative act, or of any clear and settled constitutional principles. (Rep. 252-3-4.) Though this Parliament was summoned for the 20 Jan., and did not commence till the -^j* 25th, the writs for the expences of Knights, Citizens, and Burgesses are, in the P. W., tested 20 Jan. the first appointed day of meeting. A Writ to the Sheriff of Cambridge, tested 20 Feb., directs " That in consideration of personal attendance given by John de la Mare, at the Parliament at Carlisle, the Sheriff is to forbear making distresses upon the Villain Tenants of the said John for a contribution of the expences of the Knights of the Shire." As this was a Baron summoned by Special Writ, this fact seems to confirm the opinion, that the Tenants in Chief so summoned, were the Representatives of those who held of them, and who were thus not represented by the Knights of the Shire. The Report (253) observes, that, in this Parliament, the King took upon him to legislate for Wales, Chester, Scotland, and Ireland, for none of which Representatives appeared. The Rolls 35 Edw. 1, (copied by Stowe inhis Chron. p. 211 and Ryley p.318) give the names of all the Bishops, Priors, and Barons who appeared at this Parliament, 20 Jan., and the Pari, Hist. 1, p. 133, repeats it, in a corrected form, from the original Record itself. Among the Barons, are Edw. P. of Wales, 10 Earls and 76 others. The Archb. of York, 19 Bishops and 48 Abbots, but no Priors, appear. (o) P. W. I. It appears that this Parliament met, and that the Knights of Shires at least, were present. A Writ de expensis, tested Carlisle, 20 March, states, that " their stay at Carhsle had been prolonged until Palm Sunday, 19 March." The Ses- sion thus lasted 8 days. The next meeting is given on the authority of the Rolls, 35 Ed. I. In the Reign of Edw. 1, 1G5 Cities, Towns and Boroughs are summoned to send members. The following List gives the number of additional places required to send, in the respective years : — In 1283 21 1295 94 1298 12 1299 1 1300 9 1.302 9 1304 13 1336 6 165 This List is made from the Pari. Writs, but Prynne says only 107 Cities and Boroughs actually elected and returned Citizens and Burgesses, besides the Cinque Ports. Of which numbers Seven made only one Election and Return, before or after, till of very late years. 70 EDWARD II. ^307. EDWARD 11. ""'l"' (July 8, 1307.) October \S. {15 of St. Michael.) A Parliament meets at Northampton. Writs for a special " Colloquium," respecting the celebration of the Funeral of his Father, and his own Espousals and Coro- nation, are by the King addressed to the Archb. of York and 18 Bishops, (with the Praem. Clause) 54 Abbots, 1 Prior, the Prior of St. John Jer., and the Master of the Temple, 9 Earls, 71 Barons, to 30 Justices and others of the Council, and to all the Sheriflfs for Knights, Citizens and Burgesses. To the Sheriffs of London, for 2 Citizens, " as the King wishes to have a Colloquiimi with the Prelates and Magnates of the Kingdom." The Clergy make a grant of a Fifteenth, the Counties a Twentieth, the Cities and Boroughs and Ancient Demesnes, a Fifteenth of their Moveables, (p) 1308. March 3. {First Sunday in Lent.) A Parliament is ^'-^' held at Westminster. Writs are issued, without the Clause, to the Archb. of York, 15 Bishops, 12 Abbots, 3 Priors, 11 Earls, 84 Barons and others. To the Sheriffs for Knights, &c. The Prelates, Earls and Barons advise the King to banish his Favourite, Peter de Gaveston. (q) April 28. {Sunday 15 of Easter,) A Parliament meets at Westminster. Writs are issued, without the Clause, to the Archb. of York, 15 Bishops, 12 Abbots, 2 Priors, (omitting the Prior of St. J. J.) 10 Earls and 47 Barons, 3G of the Council, (r) (p) P.W. I. ThisSpecialCoUoquium was a general Parliament summoned for a special purpose. The King's Coronation took place Sunday 24 Feb. 1308. The oath taken dearly recognized not only the limitation of the Royal Power by existing laws, but that the power of altering those Laws and enacting others could only be exercised with the consent of the Commonalty. (Hep. 1.257). The writs, however, for the Coronation mention the day appointed, as the Sunday after the F. of St. Valentine, (which would not be later than the 21st), and are addressed to the Archb. of York. B. of Durham (Patriarch of Jerusalem) and 14 other Bishops, 12 Abbots, 4 Priors, 11 Earls, 97 Barons and others, and to the Sheriffs to proclaim in all Cities, Boroughs and Market Towns (Vill. Mercat.) and invite Knights, Citizens and Burgesses to attend the Solemnity. (q) P. W. I. That the Knights and others were summoned, appears from a single mutilated writ to the Sheriffof Kent for this purpose. It is doubtful whether the pro- ceeding as to Gaveston took place in this, or at the subsequent meeting. The Letters Patent are tested. May IS, a. r. I. {r) P. W. 11. 1.5, note. According to Hemingford, this was an adjournment of the preceding Parliament. This instance shews, as many following ones do, that, even on an adjournment, if it was such, new Writs were considered necessary, and that such differ often as to the number summoned, from the preceding Writs. The custom of Second Writs, upon such occasions, sliould make us cautious in setting down every fresh smnmons, however formal, as appertaining to a new Parliament, especially, as if the present was really only an adjourned meeting, no notice of such a fact is taken ill tiie Writs themselves. The value of tlic autliorizcd Ed. of the Pari. Writs is strik- ingly apparent from the unavoidableconfusion wliich is admitted in the Pari. History and other narratives of the lirst Parliaments of Kdw. 2, and upon numerous other occasions. Stowe says this Parliament was held on llocday. Hock Tuesday, the seiond Tuesday after Kastcr week, which nearly corresponds with the real date. He places here the pro- ceedings against Gaveston, which may be right, and also the appointment of Comniis- EDWARD JI. 71 Oct. 19. {Three weeks after Michaelmas.) A Pavlia- ^- "*• ment is held at Westminster. Writs, (statinof, that, at the Pai-liament held after the Coro- nation, with the Prehites, JNIagnates and Proceres, the proceed- ings had been interrupted, and much business left unfinished, which still remains to be done,) summon the Archb. of Cant. Primate of all England, the Arclib. of York, Primate of England, 15 Bishops, without the Clause, 18 Abbots, 9 Earls, 57 Barons, and 35 of the Council, (s) Feb. 23. {Second Sunday in Lent.) A Council (Col- 1309. loquium et Tractatus) of Prelates " Magnates et Pro- ^g"* ceres" is held at Westminster. Writs, without the Clause, are directed to the 2 Archbs, 9 Bishops, 9 Earls, 42 Barons, 16 Justices and Magistri of the Council, and one other, (t) April 27. {One month of Easter.) A Parliament meets at Westminster. Writs are issued to the 2 Archbs., 17 Bishops, with the Clause, 51 Abbots, the 3 Masters of the 3 Orders, 9 Earls, 81 Barons, 22 of the Council, and to all the Sheriffs for Knights, Citizens and Burgesses, with full power to do what shall be ordained " communi consilio." The Commons grant a Twenty Fifth of their moveables, on condition that the King will answer and redress their grievan- ces, then presented in Eleven Articles, which the King pro- mises, (xi) sioners to manage the King's affairs. P. H. I. 143. " This Session of Parliament, say these last Editors, was very long and perhaps by prorogation continued till the next year, 1309." There may be some ground for this opinion in the Writs for the fol- lowing Parliament. (s) P.W. II. There isnoevidence of any summons of Knights &-C., to this Parliament. But there is a Writ to the Sheriffs, tested Westm. 4 Oct., commanding them to make Proclamation. " That no Knights, or other persons, shall presume to attend Tourna- ments, Bourdices, Justs, or exercise any feats of Arms in England or beyond the Seas, or depart from England, under colour of Pilgrimage, except to Scotland, and that no Person shall come to the Parliament with Horses and Arras, but shall attend as was accustomed in the reign of Edw. 1." (t) P. W. II. This, says the Rep, 1,258, may have been a Council summoned to meet at the time of the King's ordinary Parliament. The form of the Writs differ from that usual for Summons to a Parliament for legislative purposes. (?«,' P. W.I I. The word Parliament does not occur in the Writs. In assemblies, designated as a " Colloquium et Tractatus." the inferior Clergy and Commons are often present, and in such as are called " Parliamentum," they are often not sum- moned. This meeting appears to have been continued to 1? May, when the Writs de Expensis Militum are tested. These direct the reasonable expences of tlie Knights who appeared at Westminster, and which they incurred in coming to the King, attending and returning home to be levied from the whole Communities, &c., in presence of two sworn Knights of the said County, and a return of sums so levied and paid, to be made to the King under the Seals of the Sheriff and the sworn Knights. As this is the only Parliament, a. r. 2, in which the Sheriffs were commanded to send, the curious Writs given by Prynne in his BreviaP. R. p. 295, must belong to this place. It appears that the Sheriffs had no control over Boroughs within the Liberties of the Queen (Margaret) or those of the Bishop of Winchester. The Sheriff of Wilts had sent the Briefs for Ludgershall, Marlborough, and Devizes within the Queen's Liber- ties (in quas non habeo ingressum) to the Bailiffs of the same, who had given him no answer. The Sheriff of Hampshire had acted in the same way with regard to tlie Villa Southampton, Portsmouth, Isle of Wight, Andover, Basingstoke, Odeham and Alton, all within the Liberties of the Bishop and Prior of Winchester, and the Bailiffs " nullum inde dederunt responsum." These Special returns may bear upon the inquiry how far the opinion of Prynne and others can be maintained, that Parliamentary Burghs were in a great measure so constituted at the discretion of the Sheriffs. Speaking of this period, the Ed. of the Pari. Writs says, p. 26 note, " Hemingford's dates are not correct, but this is a circumstance almost too common to require notice." 1310 A. R. 1311. 72 EDWARD II. 1309. jf^iy 27, I^Stmday after F. of St. James Ap.) A Par- 's " liament is held at Stamford (Staunford.) Writs are directed to the 2 Archbs-, 17 Bishops, vv^ithout the Clause, 11 Abbots, 8 Earls, G9 Barons, and 7 of the Council and others. The Statute of Stamford is made, and Letters are sent to the Pope complaining of Papal oppressions, (v) Oct. 18. A Council, " Secretum Parliamentum," is held at York. In pursuance of its deliberations, a " Great Parliament " is summoned to Westminster. Feb. 8. {Sunday after Purif'^- J A Parliament is sum- 3 moned to York. Writs are issued to the two Archbs., 18 Bishops, without the Clause, to 12 Earls and 84 Barons. Subsequent writs addressed to the same persons, but naming only 08 Barons, change the place of meeting to Westminster. Several " Magistri " are also summoned. On the demand of the Barons, 12 Ordainers are appointed, with authority fi'om Michaelmas 1310, to Michaelmas 1311, to ordain and establish the estate of the King's Household and of the Kingdom. The Parliament is prorogued to Lent (March4, Ash Wedy- ) (w) Jan. 27. (15 of St. Hilary.) A Privy Council, " Tractatus et Colloquium," is held at London, by the King's Commissioners. (v) p. W. II. This meeting in the writs is called " CoUoq. et Tractatum cum Pre- latis et Proceribus," but in a writ, Close Roll 3 Edw. 2, m. 1. Dorso, it is called a Par- liament. The Report says, " Whether this meeting was properly a Common Council of the Realm, assembled in Parliament, or only a great Council, the Committee are unable to ascertain," p. 258. " The word Parliament was then beginning to be generally used to express a Legislative Assemljly, rather tlian in the sense in which it w-as originally used as expressive of a meeting of the King's ordinary Council and Great Court of Justice." In another writ, tested 6 Aug. a. r. 3, this Assembly is again called a Par- liament. It does not appear that the Common.s were present. The l",d. of the Pari. Writs considers this to have been a continuation of the preceding Parliament, thougli the Commons do not appear to have been summoned. The absence of writs is scarcely a sufficient evidence on this head. By writs to the Sheriffs (tested 14 June) Proclamation is to be made against all Tournaments, &c., till otherwise ordained by the K. and Council. Special writs are also directed to several Earls against attending the same, under pain of forfeiture of Lands and Tenements holden of the King. At this Parliament, Writs are issued requiring the Military Services of the Tenants in Scotland. (Rep. I. 2.58.) {w') P. W. n. This is called a Parliament, though attended only by Prelates, Earls and Barons; and the common assent of Archbs., Bishops, Earls and Barons "in full Parliament," is required by one of the Provisions of the subsequent Ordinance. From the strong resemblance, it may be imagined the Provisions of Oxford were in the view of the Lords Ordainers. In the Parliament, l.'j Edw. II., all their proceedings were treated as an unconstitutional assumption of power, and therefore annulled. (Rep.2G7.) The King's I/Ctters Patent acknowledging the Ordainers, are dated March Hi, and an In- strument with their names is published March 17, 130!), which must have been 1310, as the only 17 March of his 3d year, occurs then. See on " Baionage," Rep. 2(J0-1. On Feb. 7, Writs and Letters Patent, are issued against repairing to Parliament With Horses and Arms. The Editor of the Parliamentary Writs in a note at p. 42. V. II. D. I., quotes Mon. Malm., 104, and Hemingford, 247, for the last Council, and the proceedings of this Par- liament. "There is no other account of the prorogation to Lent, whether a meeting then took place or on what day, thougli from the date of the Letters Patent, just no- ticed, the members may have re-assembled. EDWAUi) ir. 73 June 13. {Oct^- of St. Trinity.) A Council is held at London by the Gustos, Earl of Gloucester and Hert- ford, {x) July 15. (3 weeks after St. John B.) A Council *•/■ meets at London. August 8. {Sunday next before F. of St. Lawrence.) '''^"• A Parliament is held at London, " Colloquium et 5 Tractatus cum Prelatis et Proceribus." Writs are issued to tlie 2 Archbishops, 16 Bishops, with the Clause, 40 Abbots, 2 Priors, and the Prior ofSt. John of Jerusa- lem, 7 Karls and 55 Barons, to 24 of the Council, and to all the Sheriffs. On the 5th of October, the Ordinances are confirmed by the King and are issued by Letters Patent in the form of a Charter. They repeal all grants made by the King since the appoint- ment of the Commissioners, and declare, that if such gifts should be afterwards made by the King, without the consent of his Baronage in Parliament, they shall be null, &c. That no new Customs shall be taken without the same assent. That the King shall not go out of the Kingdom, or make War, without the assent of his Baronage, &c. That he shall make the Chancellor, Chief Justices, Treasurer, and Chief Baron of the Exchequer, and others by the same advice in Parliament. That money shall not be altered without great occasion, and then by common advice of the Baronage in Parliament. That Gaveston shall be perpetually exiled from all the King's Dominions. That, whereas many persons suffer delay in the King's Court of Justice, because it is alleged that the Demandants ought not to be answered in the absence of the King, and thus many are aggrieved by the King's Officers against Right, of which grievance there can be no recovery without a Common Parliament, it is ordained that the King shall hold a Parliament once every year, or twice, if necessary, and that in a convenient place ; and that in such Parliament, the Pleas which are thus delayed, and the Pleas on which the Judges difTer, shall be recorded and ter- minated. In the same manner, the Bills shall be terminated which shall be delivered in Parliament "si avant, come Lei et lleson demaunde." (,x) p. W. II. which Include also the following Council. It appears that several of the Council had been summoned for the Morrow of the Clause of Easter, April 19, but had neglected to attend. They are again called to the present Council. In Prynne's Brev. Pari. Red. p. 170, is a Heturn of the Sheriff of Kotcland, An. 4, Edw. 2., as follows, " Eligi feci in pleno Comitatu loco duorum IMilitum, eo quod Milites non sunt in Comitatu Commorantes, duos homines de Com. Rotelandde discrecioribus et ad la- borandum potentioribus, qui plenam kc. &c., ad faciendum quod de Comm. Cons, ordi- nabitwr. Non est Civitas, ncque Burgusin Comm. Roteland." If this Keturnhasa right date, it shews that Parliaments were held, to which Knights, Citizens and Burgesses were called, though not the sliglitest trace remains on record of such a circumstance having occurred. We have no knowledge of any Parliament held .\. 4, Ed. II. In the same year, however, the Sheriff of Hampshire had sent Writs to the Bailiffs of the Liberties of the Villa Soutliampton, and of the B. of Winchester, for Citizens and Burgesses from Andover, Basingstoke, Alton and the Isle of Wight, and they Iiad made no answer." Prynne B. P. K. p. 'i'Jb. It appears from a description of a "full Parliament" in one of the Ordinance?, that the Prelates, Earls, and Barons advised the King in Parliament, even after the Repre- sentatives for Sliires, Cities, and Boroughs had been dismissed. (,2C1.J 74 EDWARD 11. It is also ordained, that, in every Parliament, "a Bishop, two Karls and two Barons be appointed, " de oier et terminer" all complaints against the King's officers, whoever they may be, who shall have infringed the Ordinances ; and if the said Bishop, Karls and Barons cannot all attend, or are disturbed so as not to be able " oier et terminer " the said complaints, 3 or 2 are em- powered to do so, and those who have infringed shall be punished before the King and the Plaintiffs, at discretion of the said Assignees (Assignez.) The Parliament continues sitting till Oct. 8, when, by a Writ of Prorogation, the King thought fit to "continue " the Parlia- ment until Friday next after the Feast of All Saints, Nov. 5, to be then held at Westminster. Writs issue to the 2 Arch- bishops, 14 Bishops, (or their Vicars) with the Clause, 8 Abbots, 8 Earls, 38 Barons, and to the members of the Council. Proclamation is made, that the Knights of Shires, Citizens, Burgesses and others, may be at Westminster on the Morrow of St. Martin, JVov. 12, to resume the Session of Parliament. The Clergy to attend the same Parliament on the Octaves of St. Martin, Nov. 18. The writs to the Sheriffs direct that the Knights, Citizens and Burgesses, who came to the Parliament at London, and who had departed, shall come again ; or, if those first elected, cannot attend, other fit and proper persons to come in their stead with full power, (y) 1313. Feb. 12. {First Sunday in Lent.) A Parliament is "'o** summoned to Westminster. " In the last Parliament at Westminster, manifold and ardu- ous affairs there discussed, could not be wholly dispatched on account of the interruption occasioned by the Festival of Christ- mas, the King proposes to hold another Parliament to treat finally on the said affairs." Writs are directed to the Archbishops, 15 Bishops, or their Vicars, with the Clause, 30 Abbots, 8 Eai'ls, 60 Barons, and to all the Sheriffs, who are commanded to cause the satne Knights, &c., to come, as were elected at the last Parliament. If they (//) Rolls, T) Edw. II. whore the year is called 1312. P. W. II. The writs to the Judges for the first Parlip.ment did liot require them to attend for tlie'purpose for which the Prelates, Earls and Barons are summoned, but with the rest of the Council to treat with the King and give their advice, merely as Assistants and not as having voices in the Common Council to determine any thing by their vote. The King was attended by liis Council, who were distinct from the Prelates, Earls, Barons, Knights, Citizens aiul Burgesses, as a Legislative Assembly. The Judges were an inferior part of the Council, and others, as Clerks, &c., were of a still inferior degree. (Rep. 2G1-2.) It is remarked that the second summons to the Archbishops and Bishops has many peculiarities. (2fi2.) The Archb. of Canterbury havnig taken offVnce at certain expressions in the writ addressed to him, the King apologizes and defers the Summons from 18 Nov. to the IT), or 3 weeks, of St. Martin (2.5 Nov. or 2 Dee.) as the Archb. may think fit. According to the Writs for Expences it appears that the Knights, &c., had attended from Aug. «, to St, Denys's Day ( Oct. 9) about GO days. It appears also that, in many instances, other persons were, uiider the authority of the Writs of 11 Oct., substituted in the places of tliose before elec ted. The Knights, S:c., assembled in pursuance of the second Writs, attended from IH Nov. until Saturday after the F. of St. Lucia the Virgin, 18 Dec, 3-1 days, and their pay is regulated at .5s. per day. The singular proceedings m tliis Parliament indicate that there existed no express Law regulating the Elections of K. C. and B. and that custom had not then established a certain Hulc. Long altci this time the Crown assumed a power on the subject, which is now controulcd by Kcsolutioiis and Statutes. (171.) In both these Parliaments Letters are directed to several Earls and Barons com- manding them not to come to Parliament with Horses and Arms, or otherwise than was accustomed in the time of Edw. 1. Certain of the Council having departed during the first sitting of the Parliament they are commanded to return, and not depart without the King's Special permission. I EDWARD II. * 7^ cannot conveniently attend, others to be elected. Tlie King being unable to attend, this Parliament is put off. Feb. 20. {Sunday before St. Peter in Cathedra ) A Council is held at York. Feb.2Q. {Jliird Sunday in Lent.) A Council, "Col- loquium et Tractatus," is held at York. On the affairs of the Uutchv of Aquitaine. July 23. {Sunday after F. St. Mary Magdalen.) A ;^312. Parliament is summoned to Lincoln. 6 Writs are addressed to the Archbisiiops, 19 Bishops, with the Prsem. Clause, 55 Abbots, 2 Priors and Prior of St. John of Jerusalem, y Earls, 42 Barons, 16 Justices, 10 Clerks of Council, and to all Sheriffs. By writs (Spalding, 8 July) this Parliament is changed to Westminster. Aug. 20. {Sunday after F. of Assumption.) Writs issue to the Archbishops, J 9 Bishops, with the Clause, 54 Abbots, 2 Priors, Prior of St. John of Jerusalem, JNlaster of Sempyngham, (long omitted) to 9 Earls, 44 Barons, 30 of Coun- cil, &c., and to all Sheriffs. Aug. 28. The Knights, Citizens and Burgesses are command-/^ ed to return home that they may re-assemble on the Morrow oi-| St. Michael, Sept. 30. {z) Sept. SO. {Morrow of St. Michael.) A Parliament is isi2. held at Westminster. -*■ "• The Commons appear to sit till Dec. 16. («) (z) For this Parliament in 1312, sec the Pari. Writs, II. The Report p. 2G3-4 admits here a few mistakes. Tlie Summons for tlie Parliament at Lincoln, was tested, Yoik, June 3, not Jan. 28. That this Parliament at Westminster was holden, appears from the dismissal of tlie Commons in 8 days, who therefore had attended. Another Council appears to have been held at York, Sunday before F. of St. Peter, in Cathedra, 20 Feb., by Writs ( 16 d. Feb. ) addressed to 45 Barons or Military Tenants of the Northern Counties, "super quibusdam arduis et specialibus negotiis locuturi." Tliisis not called a Meeting of the Council, and seems only to have had some local object. Kep. App. III. 214. Itappears, also from Letters Patent, tested, York, March 8, that the Archb. of Canterbury, the Bishops, Karls, and Barons were then about to assemble at London. (rt) P. Vi. II. On Aug. 29, previously to this Meeting, Writs arc sent to the Sheritfs of seven Counties to make purveyance of Provisions for the King's Household duiing the ensuing Parliament, the provisions to be taken by appraisement and indentures made between the Shcrift' and the persons from whom the Cattle arc purcliased, and the King will cause due payment to be made for the same at the Exchequer on the quinzaine St. Michael, Oct. 13. Devonshire to supply .... 200 Beeves — 1000 Sheep — 200 Swine Southampton 300 — 1000 ■ Somerset and Dorset GOO 1000 Surrcv and Sussex 200 1000 ' 100 Swine Wilts 300 2000 200 Total 1600 GOOD 500 On the IGth Dec, Writs are issued " de Expensis " for the Knights in coming to Parliament, " regard being had to the lengthened attendance." There is no evidence of any Prorogation or intervening Summons. Prynne, Brev. Pari. Red! p. 164, gives a Return of the Sheriff of Northd., A G, Ed. 2. " Quia homines tarn Comit. North., quara villa; Nov. Castri A\i. T, multum timent quod pax inter regn. Ang. et Scot., &c., infringeretur, propter quod ipsi se elongare ad pra?sens commode non potuerunt, ideo nuUos Millies sen Burgos, pro instanti Parliamento curant mitterc." .Another return (,p. WJ) of the Sheriffof Oxford, shews that one Knight elected has no land or goods in his Bailiwick, and that the liailiff of the Liberty of Wallingl'ord will not answer for him. 76 ' EDWARD II. 1313. March 18. (Third Sunday in Lefit.) A Parliament G ' meets at Westminster. Writs " Parliamentiim tenere, et habere Colloquium et Trac- tatum," are issued to the Archb^-, 18 Eishops, with the Clause, 4C Abbots, 2 Priors, Prior of St. John of Jerusalem, and to the Master of Sempringham, to 10 Earls, 89 Barons, 42 of Council, and to all Sheriffs. The Bishops of Durham and Carlisle are excused in conse- quence of the )"equired defence of their Counties against the Scots, and are allowed to appear by Proxy. Ten others. Barons, are also excused. The Knights remain from the 18th March, to Saturday before Palm Sunday, April 7. May 6. (3 weeks of Easter.) Parliament again meets. The Knights sit till IMay 9. (b) 1313. Jult/ 8. (15 of St. John B.) A Parliament is sum- '*'7"' moned at Westminster. Writs are directed to the Archbishops, 17 Bishops with the Clause, 45 Abbots, 2 Priors, Prior of St. John of Jerusalem, JNIaster of Sempringham, 10 Earls, 88 Barons, to the Council, and to all Sheriffs. The King being abroad, had (July 1) appointed a Commission to open and continue the Parliament. The Knights attend from the 8th to 27th July, (c) Sept. 23. {Sunday after F. of St. Matthew the Apostle.) A Parliament meets at Westminster. " The King not having attended the last Session, for the purpose of dispatching aSairs left undiscussed at that Parlia- ment," Writs are directed to the Archbishop of York, and Keeper of the Archieps- of Canterbury, (sede vacante) 17 Bishops, with the Clause, 4G Abbots, 2 Priors, Prior of St. John of Jerusalem, Master of Sempringham, 10 Earls, 99 Barons, yo of Council and others, and to all Sheriffs who are not com- manded to send the same Knights, Citizens, and Burgesses, as before elected. (6) p. W. II. Writs arc directed, 17 Jan., to Earls, Barons, Knights and men at arms, against attending a Tournament at Newcastle-upon-Tyne, on Sunday next. It appears, by writs "de exponsis Mill turn " (tested Windsor 20 Jan.), that at 3 succes- sive County Courts, the men of Kent, almost all of whom held by Gavelkind Tenure, had declared unanimously that they were not in any manner bound to contribute to the expences of the Knights of the Shire, nor could they ; and that there were very few freeholders (de Tenura de libero Foedo) in the county, and from whom the expences could not be levied. It appears from the Writs for Expences of the Knights, that this Tarliament either continued without them, or, after a prorogation, met again on G May. These Writs, dated 10 May, state the periods of their attendance. In the month of April (7) a Writ adilrcsscd to the Mayor, Bailiffs and whole Com- munity of Bristol, commands them to restore certain Burgesses whom they had dis- franchised, according to the tenor of former Writs of Mandamus, &c. On April 1, a Tournament having been held at Heading in contempt of the King's Proclamation, the Shcriflfof Berks is commanded to seize the Lands and Tenements, Goods and Chattels of all who attended it. (c) P. W. II. The Rep. I. (p. 2(!4) says, " This Parliament did not meet," but the Writs (27 July) "de Expensis," are specific on this head, and "the Session" is men- tioned in the next Writ of Summons. In this month, a Council was probably held. See Writ, Sandwich 17 July. On the previous 16 June, according to the Writs, a Provincial Council was also held at Lon- don ; and the same day \\iits to th<' Slieiifls arc issued for the purveyance of Provi- sions for the King's Iloiisehold during the ensuing Parliament, payment to be made at the Exchcqiier. EDWARD 11. 77 The Kniglits, Citizens, and Burgesses, sit from 23 September, until Thursday after the F. of St. Martin following, Novem- ber 15. The " Comites, Barones, Milites, liberi homines ac Comms. Comitat. llegni," grant a twentieth ; the Citizens, and Bur- gesses, and Commons, of all the Cities and Boroughs of the Kingdom, grant a fifteenth of their moveables, (d) April 21. {Sunday 15 of Easter.) A Parliament is i^^** summoned to Westminster. '7 " Parliamentum, cum Prselatis, Magnatibiis et Pro- ceribus regni." Writs are issued to the Archbishop of York, K. of Spirs- of Canterbury, IC Bishops, with the Clause, 41 Abbots, 2 Priors, and Prior of St. John of Jerusalem, and Master of Sempringham, to 10 Earls, 88 Barons, to all the Sheriffs for Knights, Citizens, and Burgesses, Mith full power to do and consent to what shall then be ordained Communi Consilio. The King cannot hold the Parliament, and the Members are discharged. May 17. {Morrow of Asce7ision.) A Convocation of '^u. the Clergy is summoned to meet at Westminster before '^'7'*' the King's Commissioners ("Fideles"), to treat of an Aid to be granted by them for the advantage of the Commonwealth. Writs are addressed to the Archbishop of Canterbury, the Bishop of Winchester, and 17 other Bishops, with the Clause, and G Abbots. In consequence of the above. Two Mandates (9 and 24 April) setting forth the King's writ, are issued by the Archbishop of Canterbury, which the Clergy obey. On the 20th May, They declare, that they have not been ac- customed to be convened by the King's Autliority, nor ought they so to be convened according to Law. But the present citation is grounded wholly upon the King's Commands, as ap- pears b}-^ such citation, in which the King's Writ is set out at length. All which matters tend to the subversion of the Privi- leges of the Church, &c. {e) June 19, July 8, July 15. Councils are held at ^314. Westminster, ffj '''q^' (d) P. W. II.. The duration of this Session is proved by the Writs of Expences, which specify the attendance of Knights, CitizeHS and Burgesses from Sept. 23 to 15 Nov., and direct a payment to the former of 4s. per diem, with their charges for coming and returning, and of 2s. for the Citizens and Burgesses. This will perhaps explain the difficulty noticed in the Kcp. p. 260, that the Act, " That no one should be troubled for the death of Caveston" is described as made in a " Parliament holden on the Sunday after the F. of Edw. Conf." 22 days after the 23 Sept. which of course was in this Par- liament, beginning on the day appointed. See also for this Parhament, Rep. 1, 471, note 58. The Eds. of the Pari. Writs observe, " Some of the Returns say 22 Sept ; one of the many instances shewing how loosely the Returns were reckoned," p. 103. The Earls of Lancaster, Gloucester, Warwick, Arundel, Surrey, and Hereford, thougli summoned to attend the Parliament on the next Sunday ( Sept. 23), had pre- pared to go to a Tournament at Brackley, Northampton, by public Proclamation pro- hibited. The King (Sept. IG) specially forbade them holding anv Tournament. (e) For the Writs of Summons and the discharge for the last Parhament, Sunday 15of Easter, see Rep. App. Ill pp. 232-237. P. W. Il.Oneof the mandates for the Mor- row of the -Ascension, is dockcttcd " De Parliamento tenendo," the other Littera "dc Convocatione Cleri." (/)P. W. 11. 78 EDWARD II. Sept. 9. f Monday M. ofNativily of Firgin.) A Par- liament is held at York, Chiefly on Scotch attairs. Writs are issued to the Archbishops, 18 Bishops, and the K. of the Spirs- of St. Asaph, with the Clause, 4 Priors, including Prior of St. John of Jerusalem, and the Master of the Order of Sempringham, 9 Earls, 101 Barons, and to all the Sheriffs. A Second Letter (for the first time), is addressed to the Arch- bishop of Canterbury, enforcing those to the Bishops, and com- manding that the Deans and Priors of the Cathedral Churches, and the Archdeacons of his whole Province shall attend per- sonally, and each Chapter of the said Churches by their Proctor, and tiie Clergy of each Diocese of the same province by Two sufficient Procurators. Sept. 7- Commissioners are appointed to open the Parliament, and continue the same till the King's arrival. The Commons attend this Parliament from Sept. 9 to Sept. 27. {g) 1315. Jan. 20. [Oct^- St. Hilary.) A Parliament meets at ^'q^' Westminster. Writs are issued to the Archbishops, 19 Bishops, with the Clause, to 45 Abbots, 2 Priors, Prior of St. John of Jerusalem, Master of Sempringham, 9 P'arls, 80 Barons, 33 of the Council, and to all the Sheriffs. A Second Letter is addressed to the Archbishop of Canterbur}'. The Archbishop of York and Bishop of Durham, and 9 Barons, are excused on account of the necessary protection of the Marches against the Scots. Writs are also directed to Rich, de Burg, Earl of Ulster, Theobald le Botiller, Theobald de Verdon, Justiciary of Ire- land, to attend this Parliament. The Knights, Citizens and Burgesses attend this Parliament from Jan. 20 to March 9, when they receive permission to re- turn home. Numerous petitions are presented, and answers given. These are from the Counnonalty of England, the King's Burgesses of the Borough of Helston, the Prelates, Earls, and Barons, Burgesses of St. Albans, the Tenants of the King at Sevenhampton, and from Individuals, the greater part appli- es) P. W. 11. By a Writ (13 Sept.) tlie Justices are commanded to stay the trial during the sitting of Parliament, of two persons whom the King wishes to keep with him. The Writs " de Expensis," printed in the Pari. Writs, controvert the opinion ex- pressed in the Report (p. 267) that "there may have been no meeting." Ihe P W. contain also an Entry of Return to the Writ of Elections for London, and a Mem. that, on Friday, G Sept., Two Citizens set out for York, and Two remained at home. Tliosc who went, returned Oct. 2. One was paid 20 Marks, the other !.'>. At this Parliament, the two Ardibisliops quarrel as to their Rights. The Pari. Hist. I., \f>\, says, "a Parliament met at Westminster on the 20 Dec, 1314, when the Assize of Provisions is considered and a statute made, Rot. Pari. n. 35-3fi. This Parliament it is farther said, granted the King a twentieth part of tlieir moveables. But the Report alluding to this matter of the Assize, says, I. 209, "The order was first made by the Council alone." Of the grant of one twentieth made by the Parliament, 20 Jan., the Report says (271) no other evidence lias been found, but a Writ for its assessment, June H, a. r. 8. Now this grant may have been made in the Parliament of 20 Dec, recorded m the P. II., but tliere is iio question as to its liaving been made either in Dec. or Jan. On the .30th Oct., Writs are directed to the Sheritl's of Counties for the purveyance of Provisions as well for the King's Household at Christmas, as during the .ipproach- ing Parliament. EDWARD II. 79 cations to the King of Grace or Favour, or Petitions of Riglit against the King, or Proceedings between Subject and Su))ject, before tlie Parliament as a Court of Justice, and tiiere is no Statute to which the Commons might be deemed necessary parties. A grant of One Twentieth is made, (h) A iVIandate by the Archbishop of Canterbury, (dated Bromley, Dec 1.) to the Prior and Chapter of Ciirist Church, Canterbury, recites the King's Writ of Parliamentary Summons. The Prior is enjoined to attend in person, and the Chapter by one sufficient Procurator. The Clergy protest against the foregoing CilaLion. They describe the Parliament as a Secular Court, begun and continued in the King's Chamber, and declare the Clergy can- not be compelled to attend such Court, without a manifest violation of their privileges. They object to the omission of the Abbots and Priors ruling Convents by themselves, and of their Convents or Colleges, 7io others being summoned except the Priors of the Cathedral Chapters, although such Prelates make up the greatest part of the body of the Clergy of the Diocese ; and on matters concerning the whole body, like the present " Treaty," no proceedings can be valid unless they are duly cited. Never- theless, to conform as much as possible to the Archbishop's wishes, and lest any detriment should arise to public affairs in the present urgent necessity, the Clergy offer to perform what may be just and conformable to the Canon Law. They protest, before him, in the presence of his Suffragan Bishops, that the Clergy cannot obey such mandates in future, without dero- gating from the freedom of the Church, and endangering their privileges. May 19. {M.ofSt. Trinity.) A Council is held at Westminster, [i) Sept. 1. A Council is held at Lincoln, with the 1315. Archbishops, Prelates, and certain Nobles, {k) ^'q' Jan. 27. {Wedn. 15 of St. Hilary.) A Parliament isi6. meets at Lincoln. "^g"* Writs are issued to the Archbishops, and afterwards to the Gustos of the Spir*- of Yor'K, the Aixhbishop being dead, to 19 Bishops, with the Clause, to 45 Abbots, 2 Priors, Prior of St. John of Jerusalem, Master of Sempringhani, to 8 Earls, 83 Barons, .33 of the Council, &c., and to all the Sheriffs. A Second Letter is also addressed to the Archbishop of Canterbury. There is also a INIandate, in consequence, by the Archbishop of Canterbury, to the Prior and Chapter of Christ Church Canter- bury, for this Parliament. (A) P. W. II By a Writ tested, 15 Jan., the Justices, throughout England, are commanded to stay Proceedings during the Parliament, on any Assize, Inquest or Certification, concerning any of the Prelates, Earls, Barons and other Lieges, who shall come to the Parliament by the King's command. 18 Jan. The Mayor, Aldermen and Community of the City of London appoint Two Members to appear at the Parliament 20 Jan. The Writs " de Expensis," for K., C. and B., are from 20 Jan., to Sunday next be- fore the F. of St. Gregory, Pope, 9 March, to 3fi Counties. The Knights to receive 4s. per day (£19 4s.) for their stay, with reasonable Charges for coming and returning, The Citizens and Burgesses 2s. per day f £4 Ifis, each. ) The evidence for the grant in this Parliament, is only the Writ of June. (/•) P. W. II. (k) P. W. II. 80 EDWARD II. Writs are also sent for the attendance of two or three JNIer- chants, and for 3 Judges of the Bench. 1316. The Parliamentis hoUlen in the Hall of the Dean, and the Clerk A. R. of the Chancery, for that purpose specially appointed and nomi- 9 nated hy the King, draws up a Report of the Proceedings. W. Inge, a Justice of the Common Bench, states the necessity of dispatch in business, as the Prelates, Karls, and others had come from a distance, and their delay, if long, would be burdensome and tedious from the increasing scarcity of victuals ; and though the Karl of Lancaster and other Magnates were not arrived, he enjoins the Prelates, Earls and others present, to meet daily and continue the Parliament and do other business, till the others came. John de Sandall, Chancellor', is directed to receive Proxies, and with Walter B. of Norwich and W. Inge, to scrutinize the excuses of those who do not attend, and to certify those who neither at- tend, nor send Proxies, or excuses. Petitions are to be received till the Morrow of the Purification, (Feb. 3,) and Receivers (Orfi- cers of the Chancery or Exchequer) are appointed, and Jan. 28, others are named to hear and determine them ; namely, certain Judges, Oflicers of the Ch. and Exch., with Bishops and Barons. Jan. 30. The Bishops of Norwich, Chichester, Exeter and Salisbury, are sworn of the King's Council, and the Bishops of Norwich and Exeter, the Earls of Richmond and Pembroke, are appointed " Locum Tenentes," in the King's absence, un- til the Arrival of the Earl of Lancaster and other Lords, who had not yet appeared. Thursday, Feb. 12, the Earl of Lancas- ter and other Proceres, being then present, the King attends in full Parliament, and the cause of the Summons is declared, par- ticularly the business of Scotland, and an Aid. Feb. 13, Friday. The Prelates and Proceres meet by Agree- ment in the Chapter House of the Church, to treat on this business. Feb. 14. They meet again, on the same, at the Con- vent of the Friars of the Order of St. Mary of Mount Carmel. Feb. 15. The ordinance of Assize is revoked. The "Statutum Jjincoln de vice Comitibus " is agreed to, " by the information of the Prelates, Earls, Barons, and other " grauntz " of the kingdom, and by grievous complaint of the People." Feb. IG. The King wills, that certain ordinances, " per Prelates et Pro- ceres " before made and accepted by him, and the Perambs- of the Forests made in the time of his Father, shall be observed, 8cc. Feb. 17, Ttiesday. The Earl of Lancaster is sworn Pre- sident of the Council, an office he accepts on the terms, " That no acts touching the Kingdom, shall be done without advice of Council ; and any Jlember of Council, who shall either do any act, or give any advice prejudicial to the Kingdom, shall be re- moved at the next Parliament." The " Magnates, et Com- munes Regni," grant the King, in aid of his war in Scotland, " de qualibet villa in regno, exceptis Civitatibus, Burgis et Dominicis Regis " one able Foot Soldier, with arms ana ex- pences (4d. per diem) till the}- reach the army, and afterwards pay for a certain time, such grant not to be drawn into a Pre- cedent. The Commons next grant a Fifteenth of the Move- ables of the men of the Cities, Boroughs and Demesnes of the King in his own hands, or in reversion. The Commons sit from 27 Jan. to 20 Feb., on which last day, Writs are issued for Two Knights from the Counties, " elected EUWAHD J I. 81 in full County Court" to appear before the Council at JVest- ininster, on the Quinzaine of Easter, April 25, concerning the Forests. {IJ April 25. The Knights so elected, attend the Coun- '•'^"'• cil at JVestmmstei' till May 29. '9 June 13. Knights again attend the Council from this day till June 27. Jidy 26. {Thursday after F. of St. James Jpostle.) i'^"'' A Parliament meets at Lincoln. jo'* The Earls, Barons, Freeholders and Communities, grant the ' King a Sixteenth of their Moveables. The Knights attend from July 29 to Aug. 8. Feb. 9. {Octaves Pur If. B. Mar.) A Council (Col- ^^ir. loquium et Tractatus) is held at Clarendon. 10 ' Writs are issued to 13 of the Council. (I) P.W. II. The circumstances of this Parliament are detailed at length, as being more formally and regularly recorded than the proceedings in any former Parliament, and as being in themselves, interesting. There is, however, some diiticulty with regard to thi' duration of this Parliament, and the meetings which succeeded it. The periods during which the Knights had been in attendance, and their repeated summons to appear, are proved by the Writs of expcnces, which are extant. They were present from Jan. 27 to Feb. '20. It may seem doubtful whether the Parliament continued to sit without them, or how long such Session continued. They are required again to attend the " Council" on the 2.'jth April, but at Wcstmitister, not at Lincoln, where they remain till May 29. A third summons assembles them on the 1.3th June, when they are detained till the 27th A Fourth call is for their attendance at Lincoln on the 29th July, and they are dismissed on the 8th August. From Letters Patent, tested at Lincoln, b Aug. a. r. 10, it ajipears that the same Earls, Barons, Freeholders (Lib. Hom.) and Communities, who had. in the quindene of .St. Hilary preceding, made the grant of armed Footmen &c., again assembled at Lincoln on the Thursday after the F. of St. James, Ap., July 29, a. r. 10, and made a grant of a Sixteenth of their Move- ables. It seems, therefore, .says the Kep. (277) either that the Parliament had con- tinued sitting from the 15th St. Hilary, in the 9th, until the F. of S. James in the 10th year, or that it had met a second time, on a Prorogation. Now, it is evident, that if they continued sitting, they must have changed their place to Westminster, which is not probable. It appears, farther, probable that the whole Parliament terminated on the 20th February. The Writs for Military Service to the E. of Lancaster and nearly 200 other persons, besides all the Sheriffs, are tested Lincoln, Feb. 20, a. r. 9, when all these individuals were with the King, at this very place. Unless they had departed, or were about to de- part, it is not probable, that, even pro forma, he would have thus addressed them. The course of proceeding to the 17 Feb. is taken from the Report, but, according to the Pari. Writs II., p. 170, this grant is not made till the 20th, and the Letters for "ser- vice " of that date, make no allusion to the Parliamentary grant, such service being, in fact, due without reference to the grant. The Rolls place the grant on Friday, Feb. 20, 9 Edw. 2, and call the year 131.5. It seems most likely, that the Parliament then broke up, and was prorogued to the 29th of July, or that a Parliament was then called by fresh Writs of Summons. It does not appear that the Commons were assembled upon this last occasion. The Report says (p. 277) by the words "liberi homines et Comms.," were probably meant the Knights of the Shires representing the Free- holders and Communities of the several Counties. The Commons seem to have been little considered in the Parliament of St. Hilary, except in the grant of Foot Soldiers and Money, both levied under the obligations of the Military Tenures. The Statute "de Vicecomitibus" is made by a.ssent of the Prelates, Earls, Barons and the great men. See many excellent remarks on the distinctions of Aids and Tenures, Rep. (274-5.) See also Pari. Writs II. 171, for the form of the consent to Aids by the Clergy. A Mandate by the Archbishop of Canterbury (Lambeth 13 March) recites tliat tlie King had sent his Letters Supi)licatory to tlie Archbishop, requesting him to cause Convocation to be held. The Prior, &c., is commanded to appear in the Cathedral Church of St. Paul's, London, on Wednesday, April 28, kc. In their temporal capa- cities the Prelates and others had already joined in the grant of an aid. The present call was in respect of their Spiritualities. It may, indeed, be considered singular, that, in the general Writs of Summons to Parliament, the Custodcs of the Spiritualities, as in the Parliament of St. Hilary and other cases, should be summoned as such, and the opinion might be entertained that such Summons was not merely by claim of Barony. But the tenor of all proceedings with which the Clergy are connected, sulticiently au- thorize the common opinion on this subject. See much in Report, passim. JM 82 EDWARD II. April 15. {Friday after Clause of Easter) and April 28. Councils are held at Westminster. Writs are directed to the Archbishop of Canterbury, the Bishop of Exeter, 2 Earls and 6 Barons. i^^I'. July 18. {Monday, '[Qth instant.) A Council is held 11 at Nottingham. Writs issue to the Archbishop of Canterbury, 3 Bishops, 5 Earlsj 13 Barons and others of the Council. Dec. 30. {Friday, Morrow of St. Thomas Martyr.) A Council meets at Westminster. 1318. Jan. 21. (15 of St. Hilary.) A Parliament is sum- "*ii ■ moned to Lincoln. Writs issue to the Archbishops, 17 Bishops, with the Clause, to the ArchbisJwp of Dublin, 45 Abbots, 2 Priors, Prior of St. John of Jerusalem, Master of Sempringham, 8 Earls, to 123 Barons, and others of the Council, and to all Sheriffs. This Parliament is prorogued, by Writs, to March 12, (First Sunday in Lent) then, by other Writs, to June 19, (M. of Holy Trinity) but, on account of the Scotch invasion, the Parliament is altogether " revoked," by Writs (June 8) to the Earls, Majores Barones, Pre- lates and Sheriffs. May 1. {M. of Clause of Easter.) A Council meets at Westminster. (;w) 1318. October 20. (3 weeks of St. Michael.) A Parliament ^12' " Colloquium " meets at York. Writs are issued to the Archbishops, and 18 Bishops, with the Clause, to the Archbishop of Dublin, 42 Abbots, 2 Priors, and the 2 Masters, 9 Earls, 84 Barons, 25 of the Council, and to all the Sheriffs. The " Statute of York " is made, " by the assent of the Prelates, Earls, Barons and the Commonalty," containing im- portant enactments for the better administration of justice. !,>») All these Entries, excepting that of July 29, 131G, of which a probable account has been given in the last note, are on the authority of the Parliamentary Writs, 11., and the Report. The latter (p. 277) says, there do not appear on record ?ny AVrits of Summons to Parliament, 10 Edw. 2. The Ordinance, " De Statute pro Clero" &c. was probably merely by the King and Council. Of the Writ " de Revocatione Parli." tested June 8, the Ed. of the Pari. Writs observes, " The description is very important, since it designates the persons summoned by Special Writ as the Majores Baroncs of King John's Magna Charta." The Report (277) says " This entry is remarkable, as tending to shew that the Barons then summoned to Parliament by Special Writ, were at that time, when Knights, Citizens, and Burgesses, sat in Parliament, esteemed " Barones Majores," and distinguished by that appellation from tlie Knights of the Shires, as they had been di^tinguisllcd by the same from other Tenants in Chief in the Charter of John. This allbrds ground for supposing, that, at tliat time, the Knights of the Shires were considered as substituted for the Tenants in C'a]iite, who under the Charter of John, were required to be called to a Common Council of tlie Realm, by general Summons ; but it docs not ascertain wliat created the distinction between the " Barones Majores," and the'otlier 'J'eiiants in Cliief, unless the King's Special \\rit of Summons to the individual created the distinction ; and Edw. 1, assumed a discretion- ary power on this subject." The cause of this lirsl Citation of the Archbishop of Dub- lin docs not appear. EinvAUD II. 83 Two days before the meeting, 18 Oct., the King hade made agreement with the Earl of Lancaster, that, at least, two Bishops, one Earl, one Baron, and one Baron or Banneret of the Earl' shall be constantly with the King. All things that can be done without Parliament shall be performed by their assent, and any other matters otherwise transacted, are to be considered as null and set right in Parliament by judgment of the Peers, and the Standing Council shall be elected to remain with the King by quarterly turns, &c. ^ The Knights of the Shire, Citizens and Burgesses remain at York- till the 9th December. The former are to be paid 5s. per day, the latter 2s., for their attendance. («) Feb. 3. A Convocation is held. 13I9. The King's Writ, " affectionately requests " the Archbishop \^' of Canterbury, to convene such an Assembly, for the purpose of a Subsidy, (o) May 6. (One month of Easter.) A Parliament meets at York. AVrits are directed to the Archbishops and 18 Bishops, with the Clause, to 50 Abbots, 3 Priors, the Prior of St. .John of Jerusalem, and Master of Sempringham, 9 Earls, 79 Barons, 25^ Judges and others of the Council, and to all Sheriffs. The Earls, Barons, " Liberi Homines ac Communitates Co- mitatuum" grant an Eighteenth for the \Yar in Scotland. The Citizens and Burgesses, a Twelfth. The Commons sit from May 6 to May 25, when thev are dis- missed, and are to receive, the Knights 4s. per diem, the" Citizens and Burgesses, 20d. each, (p) K ^'tl ^t' ^^} IV 7^^ King was now submitting to the Ordinances made in his5th year by the Lords Ordamers. In the Pari. Writs, is an Original Commission dated, Lon- don, 1(, Oct., whereby three Members or any Two of them, are to appear at York. By writs to all the Sheriffs, tested Vork 22 Nov., the King wishes to hold-ameeting of discreet and provident Merchants, 20 Jan. 1319, concerning the Staple and other matters relating to the Kingdom. Two Merchant Citizens and Burgesses, from each City and Burgh, are to appear before John de ChLrleton, Citizen of London, Mayor of the Stanle of Merchants, who is instructed by the Council to treat with such Merchants " On the 2yth Dec, subsequent to this Parliament, Justices are appointed, by a Commission for receiving complaints, of oppression and extortion, against the " King's Ministers " VIZ.— Sheriffs, their Bailiffs and Officers, Constables, Gaolers, Subescheators, &'c \\ rits against Tournaments also issue. The Report says (p. 278) the Writs to Abbots and Priors seldom agree those sum raoned being, on some occasions, much more numerous than on others ' •, ^1^' ^;^^;.K- ;^,K^''''> c\'°''^ '^ 'i; Ja"> seems to shew that this meeting was not held, or that the Abb. of St. Aug. Cant, and Seven others, whom the King had him- self summoned, were, for some reason, not to attend it. (/>) P. W. U. This grant was probably by Knights, Citizens and Burgesses, an-l the Let- ters Patent (JO d. Alaj ) make no mention of the King's Demesnes. The words " liberi homines, &c. seem clearly applicable to the persons represented bv the Knights of '^uu'',''-'^ "*'/'' ?^"'^ Citizens and Burgesses assembled in Parliament. Ken. 278 Ihe i-arl. Writs, H- 223, contain "an important and singular document "dated Northampton, 2 May. The Abbot of St. James' without, Northamptonha^ng never been summoned before, and being ill, appoints a Procurator, or Special Attorney to appear who reluses to appear, "as the name had never been enrolled before, and he did not hold any thing in C apite, or by Barony, but onlv in frank Almoisne ( free Alms ) He would not excuse his Principal on the ground of infirmity, 6cc." The Abbot .eeks relief. He is ordered by the Chancellor to be exi>unged fr6m the Registers of Chan- cery. For the remainder of the Argument, see Selden's Tit. of Hon. (1G72), pp. 604-6. Prynne B. P. R. p. 261, says, the hrst Returns of any Burgesses bv indentures tacked to the ^^ rits are those of the Sheriff of Bedford and Bucks, made for the Burgesses of ?f "'^ ,fn"!Jr ^^ r^™'"'A ^'^-y^' Edw. 2, filed to the Writ of that vcar, datecl, " apud Ebor (20 March.) " One ot the earliest instances of a contested Llection " occurs in" this Parliament. A Petition is presented to the Council from Matthew do Crauthorne who had been elected for Devonshire, whereas the Sheriff had returned others in hi« stead, against the will of the Commune. Pari Writs II 2'.5 84 EDWARD II. 1319. July 23. [Monday 7iext after F. St. Mary Magdalene,) is ' A Council meets at York. Writs are addressed to 1 Dean, (of St. Peters, York,) 4 Abbots, and 9 Priors. 1320. jan^ 20. {Oct^- of St. Hilary.) A Parliament is sum- is * moned to York. AVrits are sent to the Archbishops, and IG Bishops, icithout the Clause, to 2!J Abbots, 2 Priors, and Prior of St. John of Jeru- salem, Master of Sempringhani, 9 Earls, 98 Barons, Judges and Members of the Council, {q) 1320. Oct. 6. [Monday in 8 days St. Michael) A Parlia- ■*i4' ment meets at Westminster, Writs issue to the Archbishops and 19 Bishops, ivithoiit the Clause, 28 Abbots, 2 Priors and the 2 Masters, to Edward, Earl of Chestei", the King's son, and 9 Earls, 7-t Barons and 32 Judges, and of the Council, also to all the Sheriffs. On the day of meeting, Receivers of Petitions are appointed for England and Wales, Gascony, Ireland and the Isles. Many Petitions are presented on the subject of Tenures, &c., and the Statute of Westminster the Fourth, relative to Sheriffs is made. The Commons sit from Oct. 6 to 25th. (r) '321- Jan.l. [Morrow of Epiphany.) A Council assembles 14 * at Westminster. Writs are directed to I Bishop and 19 of the Council. Aprils. [Morrow of St. Ambrose.) A Council meets at Gloucester. May 10. (3 weeks after Easter.) A Council is ap- pointed at Oxford, but altered to W\^stminster, 17 May. [s) 1321. July 15. (3 weeks after St. John Baptist.) A Parlia- is ' ment is held at Westminster. Writs are addressed to the Archbishops and 19 Bishops, with The Special Return for Middlesex (a 12 Ed. 2) is given in Prynne, B. P. R. 174. The Sheriff says (after the Knights names and their Manucaptors) " Non est aliqua Civitasseu Burgus in Comitatu (which is usual in most other returns) prjeterquam Civ. London, qus, per seipsam, pro Comitatu respondet, etad quam pried. Com. Middlesex est annexatus." The P. Writs give a Mem. of the City of London (7 May) That Five Citizens, or any Tliree of them, are elected, to appear at the Parliament begun at York, 6 May. By a Second Writ, de Expensis, tested Lambeth, 15 April, 1320, for the Knights who attended this Parliament for the county of Surrey, their attendance is from May 6 to May 15, and they are to receive .'is. per day. The former Writ of May 25, 131U, states the attendance from May tj to 25, and their "pay as 4s. The Representatives from different Counties may have been dismissed at different periods, or have received a different payment, or the original Writ may have been erroneous. (q) P. W. II. None of the Inferior Clergy, and no Knights, Citizens or Burgesses, are summoned. Probably, this Parliament did not meet, on account of the disorder of the times. Rep. 279. (»•) P. W. 11. By mistake, the Report says (279) "the Pr. Clause was added." but, see the App. I. 299, and the Pari. Writs.' Here, the Commons are simimoned, without the inferior Clergy. The proceedings of this Parliament are preserved. See Report. Four Citizens are elet ted for London. P. Writs. («) For these Councils, see Pari. Writs 11. EDWARD II. 85 tlie Clause, to 9 Earls, 90 Barons, 38 of the Council, and to all the Sheritts. A second concurrent Writ to the Archbishop of Canterbury- enforces the order of Pmeniunition to the Bishops, " lest the affairs of the Parliament should be retarded in consequence of the absence of the Clergy." The Archbishop of Canterbury issues a Mandate to tills effect. The "Award of Exile" of the Despencers, is made by the " Peers of the Land," Earls and Barons. The Bishops protest. The Commons attend from July 15 to Aug. 22. Roger de Northburgh is Keeper of the Great Seal, (/) May 2. (3 weeks of Easter.) A Parliament ("Col- 1322. loquium et Tractatus cum Prelatibus, Magnatibus et ^j^* Pioceribus regni ") meets at York. Writs issue to the Archbishops and 19 Bishops, with the Clause, to 51 Abbots, 2 Priors, 2 Masters, 9 Earls, including the Earl of Athol, 72 Barons, 33 of the Council and to all the Sheriffs. A Second Letter is addressed to the Archbishop of Canterbury to enforce the Praemunition, and a writ to the Eai-1 of Kent, Constable of the Castle of Dover, and Custos (Warden) of the Cinque Ports, commands him to send 2 Barons from each Port. A Writ (tested, Rothwell, 18 April) is also directed to Ed- mund, Earl of Arundel, Justiciar of Wales, commanding him to cause 24 of the most discreet, lawful and able bodied men of South Wales, having full power for themselves and for all the " Communitas," and, also, 24 from North Wales, with the same powers, to appear before the King in his Parliament at York, to advise with the Prelates and Proceres, &c. The award against the Despencers is annulled by a Statute. The Ordinances of the 5th Edward II., are also revoked ; and it is enacted, " That, for ever thereafter, all Ordinances made by the Subjects of the King and his Heirs, by any power or authority whatever, concerning the Royal Power of the King or his Heirs, or against the Estate of tlie Crown, shall be void, and of no avail or force whatsoever, but the Matters to be es- tabhshed for the Estate of the King and his Heirs, and for the Estate of the Realm, and of the People, shall be treated, accorded (t) P. W. II. The second Writ to the Archbishop of Canterbury is more full than on the former occasions. The Chronicles of Fabian and Hollingshead give an account of this meeting. The discontented Lords, it appears, did not come according to the Summons, but remained in London, in an armed posture, for l.i days after the Parliament was begun. They held Councils among themselves, and drew up a sentence against the Dcspensers. See the Articfes, Pari. Hist. 1., IGO, &c. The Confederate Lords appeared in Parliament with "odd party-coloured habits, yellow and green, with a white band across their breasts ;" whence tliis Parliament w'as called long after, "The Parliament of White Bands." Ryley also, Plac. Pari. P. 386, gives the proceedings of the Meeting. Many private petitions were presented. The whole was a proceeding of force put upon the King by the discontented Lords, who came in great Military array, and had the King and Parliament com])letely in their power. Kep. L 281. It appear, from Claus. 15 Edward 2, M. 14, dorso, that none of the Bishops assented to the award, and that it was therefore, illegal. This was one reason for its subsequent revocation. See Pari. Hist. I., 169. The King had, early in this year, issued Writs against an illegal Assembly about to be held by the Lords for treatnig upon various matters concerning the Crown, in contempt of the Koyal Prerogative, and to the great disturbance of the tranquillity of the Kingdom ; and also a general Proclamation against such AssembUes. Notwith- standing this, the E. of Lancaster had ordained a Convention at Doncaster, on Sunday next after quinzaine of St. Martin, 2!) Nov., which the King agam forbids. Letters Patent are issued against "the Provincial Council, or Convocation," tested 30 Nov., by which it might appear that the Assembly had met. Thcv artaddrcssed to i Earls, and 103 Barons. 86 EDWARD II. and established, in Parliaments, by the King, and by the assent of the Prelates, Earls and Barons, and the Commonalty of the Realm, according as had been before accustomed." An Ordinance is inade by the King, "by assent of the Prelates, Earls, Barons, and the Commonalty of the Kingdom." The articles provide for the Church, as by the great Charter, and other Statutes before made ; " That the King's Peace should be kept throughout the Kingdom, &c. ; that diflferent Statutes specified, should be observed ; that the Statute of Acton Burnel should be observed only between Merchant and Merchant, known to be such, &c. Other Regulations are made respecting the Law. Many Petitions are presented on private Rights. The Prelates, Earls, Barons, Knights, Freeholders and Com- munities of the Counties, grant the King a Tenth, and in the ancient Demesnes of the Crown, a Sixth. The Citizens and Burgesses grant a Sixth. The Clergy, in two Conventions, at Yoi'k and London, after- wards make a separate grant on account of their Spiritualities, in obedience to the authority of the Apostolical See. On the first day of the Session, one man at arms, from every township, is granted by Parliament. The Commons are discharged, by Writs of Expences, 19 May, but the other Members continue to sit till after July 7- (w) (ii) P. W. II. This may be considered one of themost important Parliaments wliich had ever been lield. Tlie Earl of Lancaster had, on the 22d March previous, been ar- raigned, condemned and executed, with several ISarons of his party, and the King was released from the thraldom under which he had been long held. Representatives from the Cinque Ports are now summoned again, and it may be questioned whether they were ever before so called for Legislative, and not rather for special purposes. The King's Writ to the Justiciar of Wales states, that "the praiseworthy services heretofore performed by the Lieges of the Land, as well Knights as others, induce the King to obtain their advice and counsel in matters concerning the State, and govern- ment of the Kingdom, and the tranquillity of the people committed to his care." It does not appear whether the Welsh Members attended or not, but no other summons occurs in this reign. The proceeding on the Revocation of the Ordinances, declared the Legislative autho- rity to reside only in the King, with the Assent of Prelates, Earls, Barons and Com- mons assembled in Parliament, and that every Legislative act not done by that authority, should be void and of none effect. It declared the Constitutional Law of the Realm on this important subject, and, with regard to the distinct powers of the several persons, fixed a basis different from that ui the Charter of John, though that basis was not founded on Statute, but "Custom." This Statute is the First Holemn Act by which the Constitution of the Legislative Assembly was distinctly described after the Charter of John, which appears to have been abandoned as a Legislative de- claration, though probably, truly describing the component parts of a Legislative As- sembly, lawfully to be convened at that time, according to more ancient custom, for the purpose of granting extraordinary aids to the Crown. The present Statute ex- tended to all Legislative purposes. The words of former custom must have applied to what had been immediately before accustomed in times of internal peace and orderly government. Rep. 282-3. In what character, the Earls, Barons, Knights, Freeholders, and Communities of Counties assumed aright to charge theantient Demesnes of the Crown does not appear. If the Knights could have been considered the Representatives of the Tenants in antient Demesne, the Earls and Barons could not ; and if the whole Parliament was considered as the King's Council, and the Assessment was considered as a Tallage of the De- mesnes of the King, assessed by his Council, the Citizens and Burgesses ought also to have concurred. 'I'hey were not, however, considered as part of the Communities of the Counties. Rep. '283. The Commons were discharged on the LOth of May, but the proceedings extend into the Kith Eilw. 2, or after the 7th July. Much of the private business, on petitions, &c., may have been transacted after the Commons departed, then a common practice, in matters not of a legislative nature. The grant. May 2, of one man at arms, oic, appears in the Parliamentary Writs. This grant may have been an answer to the King's Writ of Apiil 5, " affectionately requesting" a grant of soldiers, or any other aid, from many cities, &c. It appears probable, however, from a return made by the town of Swavescy, 8 June, that the King's Letters were for a voluntary contribution of men and money beyond any such EDWARD 11. 87 November 14. {Sunday next after F. of St. Mart'm.) 1^22. A Parliament assembles at Rippon. 16 ' Writs are issued to tlie Archbishops, and 19 Bishops, unlhoul the Clause, 2'J Abbots, 2 Conventual Priors, the Prior of St. John of Jerusalem, (omitting the JNIaster of Sempringham) to 10 Earls, 52 Barons, 23 Judges and Members of the Council, and to all the Sheriffs. Many Prelates excuse themselves. The Bishop of Worcester is so ill' that "he cannot ride." The Bishop of Carlisle cannot come from " want of horses and outfit." Many others appoint Procurators to appear " in Convocatione apud llypwn." The place of meeting is altered to York, by Writs, 30 Oct. (v) The Commons attend 15 days, to Nov. 29. Jaimary 14. {Morrow of St. Hilary.) A Provincial 1323. Convention, or Convocation, of the Prelates and Clergy 'iq ' of the Province of Canterbury, is held at Lincoln, by the Archbishop of Canterbury ; and a similar Assembly, at York, by the Archbishop of that See ; in pursuance of Writs by the King-, to the two Archbishops, and of a Writ by himself, (tested Dec. 2) to 45 Abbots, one Con- ventual Prior, the Prior of St. John, and the Master of the Order of " Semplingham," for an aid. The Clergy refuse any further concession of monies without the authority of the Holy See. (w) May 15. A Council is called to York. Writs directed to G of the Council, command them to attend "cum omni festinatione qua de die et nocte poteritis." grant. Swavesey being " an upland town," and not a borough, the township could not be charged with any greater number of men, " than the one man granted in Par- liament, who will be ready, &c,. 24 July." P. W. II. 305. See also the Writ for Service, 23 Feb., 1323. This grant from the Clergy was afterwards made at Lincoln, Jan. 14, 1323. (v) P. W. II. This Parliament, says the Editor, II. 335, is distinguished by the great variety of expressions used in describing it, as Tractatus, Parliament, Council, Collo- quium, Convocation, which shew the la.Kity of language employed in ancient docu- ments to designate the supreme Council of the Realm. There is, however, no evidence of business done. Prynne notices (p. 180) that the returns of the Sheriff of Norfolk for 15 and 10 Edw. 2, are more formal than any of that age. By the Return (15 Edw. 2) for the City of Lincoln, the Mayor and " Cominalty" had elected Two Citizens, but one refusing to attend, another is elected, and probably accepted upon a Certificate under the City Seal. Cities formerly had the custom of returning Three or Four Citizens upon Writs requiring only Two. See Prynne, p. 377, for an instance of this, an. 15, Edw. 2, and sundrv others in the same, and following reigns, 6, 7, 8 Edw. 2 ; 1, 6, 9, 11, 12, 14, 18, 20, 21! 22, Edw. 3, G Richd. 2 The Writs "for Expences " at this Parliament say, "for Knights, or for ' Valletti' returned in the stead of Knights, the former to be paid 4s. per diem, the latter 2s., for 16 days." (w) P. W. II. The Clergy were thus assembled in two distinct Conventions, wholly unconnected with the Parliament, for the purpose of granting an Aid to the Crown, se- parately and distinctly ; a practice arising probably from the Claims of the Clergy of ex- emption from all temporal power in their Spiritual Characters, and consequently with respect to the Property which they distinguished as their Spiritualities." Rep. I. 284. It is uncertain whether application respecting the Subsidy was made to the Pope, or what was the result on this occasion. According to former precedents, the Pope issued his Mandate for the payment of such Subsidies. The last was a. r. 1.3., when, by Licence from the Pope, the Clergy granted a Tenth, for one year. Pari. Hist. I. 159 and 177. According to Knyghton and Holingshead, "the Clergy of the Province of Canterbury gave live pence of every Mark, and those of the Province of York, four pence." 88 EDWARD II. May 23. {Monday of H. Trinity.) A Council is sum- moned to York. AVrits are addressed to the Archbishop of York, Eishop of Exeter, Treasurer, and to 13 Judges and others of the Coun- 1324. "1. (.r) \^- Jan. 20. {Oct'- St. Hilary.) A Parliament, " Col- loquium et Tractatus," is summoned to Westminster. Writs issue to 10 Earls, 4!) Barons, to the Bishop of Exeter, Treasurer, and 20 Judges and of the Council, and to all Sheriffs. The King has " supplicated " the Archbishop of Canterbury to hold a Convocation of the Prelates ('exempt and not exempt) and of the Clergy of his Province, at the Church of St. Paul, London, on this day, for the Conservation of the honour and state of liis Church and of the Kingdom ; and separately com- mands the presence of 23 Abbots, one Conventual Prior and the two Masters. A similar Writ has been addressed to the Arch- bishop of York for a Convocation at York. The Parliament and Convocation are postponed. Feb. 23. (3 iceeks of the Purif cation.) The pro- rogued Parliament meets at Westminster. Writs of Summons had issued to the Archbishops, and 17 Bishops, with the Clause, to 27 Abbots, 2 Conventual Priors, to the two Masters, to the Earl of Chester (the King's Son J and 9 Earls, 49 Barons, the Bishop of Exeter, Treasurer, 22 of the Council, and to all the Sheriffs. Writs are also directed to the Warden of the Cinque Ports, for 2 Barons, to appear from each Port. By further Writs, the Archbishops of Canterbury and York are to discharge their Clergv from attendance at St. Pauls and York, 20 Jan. By a Mandate from the Archbishop of Canterbury, the Clergy are required to appear in the Parliament, Feb. 23, and in obedi- ence to a Second Letter, issued to the Archbishop, he commands the Bishops to enforce the Pra;munientes Clause. Many excuses are sent by the Priors and Abbots, on account of illness, and " many and various impediments affording lawful cause of excuse from attendance in the Parliament," together with Letters of Procuration, naming their Proxies. The Military Order of Templars having ceased, and being dissolved, it pleases and seems to the King, INIagnates, ana others, for the health of their souls, that their lands shall be assigned to other men of religion, it is thei'efore agreed, pro- vided, and enacted, by the King, Prelates, Earls, Barons, '' et alios Proceres," that all the lands shall be assigned and deli- vered to the Order of the Hospital of St. John of Jerusalem, &c. Writs, reciting the substance of this Statute, are sent to all the Sheriffs for proclamation, to the Bishop of Durham, Earl of Chester, and Justices of Wales. The Ordinance for the Slate of Ireland, and the Statute "de Prerogativa Regis," are of this year. (^) (X) V. w. n. (y) P. W. II. The Mandate by the AichbUhop of Canterbury to the Prior ami Cliapter of ChrUt Church, Canterbury, directing tlie former to appear in person, and the Chapter by one Piocurator, (tested, Lanibfth, 7 Dec.) say«, "The King had re- EDWARD ir. 89 May 27. {Sundaij after F. of Ascension.) A Parlia- i'-*- ment or Council, " Tractatus," is held at Westminster, ' 17 ' "To treat on certain great, and vcr\'- urgent, Affairs." Writs are issued " sub privato Sigilio " to tlie Archbishops, Bishops, Earls, Barons, and other " Proceres," to 15 of the Council, and to all the Sheriffs, to make proclamation, that all Knights "omnes et singuli de eadem Balliva, tam infra Liber- tates quam extra, sint ad nos ad Westminster," on the Wednes- day, after Sunday as above, 30 May, to treat and advise with the Prelates, Earls, Barons and Proceres ; the Sheriff to attend with the names of all and singular the Knights, and other JMen at Arms in his Bailiwick, and whole Fee. (z) October 20. (3 weeks after Michaelmas.) A Council, '^'jj* "Colloquium et Tractatus," is held at Salisbury. is Writs are issued to the Archbishops and 19 Bishops, the Earl of Chester, (King's Son), 8 Earls, 48 Barons, and to all Sheritfs, to send Two of the best and most discreet Knights, or others, of his Shire, to treat with the Prelates, Proceres and some others "de regno." Other Writs change the place to Westminster or London, and additional summons for attendance, are directed to John de Britannia, E:ud of llichmond, to 9 Abbots and the Archdeacon of Northampton. The Knights attend "21 da3's, to Nov. 10. (a) Jan. 14. {M.ofOct^' Epiphany.) A Council is sum- ^^-■^■ moned to Westminster, before the Bishop of Exeter, is ' Treasurer, R. de Baldok, Archdeacon of Middlesex, Chancellor, and others of the Council. March 3. [Second Sunday in Lent.) A Council, (Colloquium et Tractatus cum Prselatis, Magnatibus et Proceribus Regni) is summoned to Winchester. Writs are directed to the Archbishops and 15 Bishops, 21 Abbots, 1 Conventual Prior, the Prior of St. John of Jerusalem, to 9 Earls, (including the Earl of Chester) and 50 Barons. The ))lace and day are altered afterwards to Westminster, 14 April. quested the .\rchbishop to hold a Convocation," but the Mandate does not set out the vVrit. This omiss'on was probably founded on.the former objections of the Clergy. Among the Parliamentary Writs, is a Roll, dated Westminster, 23 Feb., with the n.ames of the Proxies of the Clergy. Its Second Membrane cont.iins the names of the Knights, Citizens and Burgesses, who attended this Parliament with the length of their stay. There is also, at p. 378, a List of the Counties and Towns sending Members. These Ordinances and Statutes seem to have been by the King and Council. Rep. I. '28G. The Writ de Expensis states the Knights and Burgesses to have attended 24 days, for which the former are to be paid, including two days coming and two returning, 14 marks, and the Burgesses at 20d. per day, 6 marks, 6s. and Gd. (2") " It is difficult to decide, says the Editor of the Pari. Writs, whether this singular and anomalous meeting is to be considered a Council, or Military .\rray." A List of the Knights and Men at Arms throughout England, is given in the returns to these Writs. P. W. II. 383. The Writs are tested 9th May, and the return is for the 27th and 30th, a short interval. (a) P. W. II. A Writ issued previously to this Parliament, 8 October, commands the Archbishop of Canterbury not to assault, affront or waylay the Archbishop of York, about to repair to London. The Writs for Expences of the Knights for Coriiwall, state that they had attended the Parliament 21 days, and had been 7 days coming and 7 days returning, at 2s. Gd. per day. The payment was always to vary .according to the distance. K 90 EDWARD J I. April 14. {Oct'- of Easter.) A Council, "Collo- quium et Tractatus," is summoned to Westminster. Writs are issued to the Archbishops and 15 Bishops, 4 Abbots, 1 Conventual Prior, and Prior of St. John, to the Earl of Nor- folk, (Earl Marshall) the Earl of Chester, and 5 others, and to 43 13arons. The Council is put off. 1325. June 25. {M. of Nativity of St. John Baptist.) A is * " Parliament," " Colloquium et Tractatus," is held at Westminster. Writs are addressed to the Archbishops and 13 Bishops, with- out the Clause, 3 Conventual Priors, Prior of St. John, 2 Magistri, (Archdeacon of Northampton, and the Dean de Arcu- bus, London,) to 5 Earls and 39 Barons. To the Constable of Dover, Warden of the Cinque Ports, and the Mayor, Barons and Bailitls off) Ports, for 2 Barons from each Port. This Parliament is called on the aft'airs of the Kingdom and Dutchj (of Gascony.^ A Petition from those who hold INIanors in Chief of the King, as well within Forests as without, on approvements of Lands, is answered, that without the Ilepresentatives of the Conunons, the prayer cannot be granted. Other proceedings take place on private Petitions. (6) 1325. Nov. 18. {Oct^- St. Martin.) A Parliament is held at W^estminster. Writs are addressed to the Archbishops and 17 Bishops, with the Clause, 27 Abbots, 3 Conventual Priors, (of whom one, the Prior of Bridelyngton, is erased, with the note, " Nichel tenet de liege") the Prior of St. John, to the Earl Marshall and 3 other Earls, 40 Barons, to all the Sheritis, to 23 of the Council, to the Constable of Dover and Warden of the Cinque Ports, for 2 Barons from each Port. As upon former occasions, many Excuses, and Letters of Pro- curation, are received. Many Petitions of a public nature are answered by the assent of the whole Parliament ; but a Petition of the Commons com- plains that many such before the King and Chancellor are ad- journed and no issue made. The Knights of the Shn-e are in attendance till Dec. 5, 2G days, (c) (6) P. W. II. Tlie Writs expressly call this a Parliament, though none of the in- ferior Clergy, no Knights, Citizens, or Burgesses, are summoned. " If, says tlie Keport, '2.s(J,' no Writs issued to the Sheriffs, this, as well as otlier records, demon- strate that the Knights, ite.. were not then deemed essential to the hokiing of a Par- liament for all purposes, though the Statute of York U"' Edw. 2) demonstrates that their assent was then deeniecl essential to tlie autliority of a new law to tlie extent expressed in that Statute. The Convention of the King's Parliament did not neces- sarily inelude the Conventicni of a Legislative Assenihly in Parliament ; and the Con- vention of a Parliament, not including tlie Legislative Assembly, was the Convention of a Council or Couit of Justice only, tliough properly deiunniiuited the King's Par- liament, according to ancient usage." The \\ rits .^tate that tlic business respects his Kingdom and Dutchy (of Cascony), for the defence of which, the King had before suinmoneil the servicc'of his Tenants in Chief, and of the Cinque Ports. The Con- vention was probab;y not intended for the purpose of obtaining any pecuniary aid from the people at large, and therefore the presence of Ileprcsentatives of Counties, Cities, and Boroughs, was not deemed necessary, ^]). 472). (c) P. \V. U. It is to be remarked that, from this time forward. Writs seem to have continually issued to the Wardens of the Cinque Ports. (Uep. 472.) 19 EDWARD II. 91 Oct. 13. {\5 of St. Michael.) A Council is summon- 'S26. ed to Stamford. *2(J*' A Convocation of the Provincial Clergy having been cited for the same day at London, the King, by Writ, requests the Arcli- bishop of Canterbury to pi-orogue it, which is done, to the JMor- row of All Souls, Nov. 3. Oct. 26. An Assembly takes place at Bristol, " the King having absconded," in presence of Queen Isabel and the Duke of Acquitaigne (the King's eldest Son.) This meeting is attended by tiie Archbishop of Dublin, 5 Bishops and other Prelates, the Earls of Norfolk and Kent, (the King's Brothers^ the Earl of Lancaster, and another, 6 Barons, and other Barons and Knights. B\^ assent of the whole " Communitas " of the Kingdom, 'the Duke is chosen Gustos or Ilegent, in the name and by tlie Authority of his Father, tiie King, whilst the latter shall continue absent, (d) "Dec. 14. (15 of St. Andreiv.) A Parliament is sum- moned to Westminster. It is intended that a " Colloquium et Tractatus " shall be held by Isabella, Queen Consort, and Edward, tiie King's eldest Son, and by the Prelates, Proceres and Magnates of the Kingdom. This Parliament is prorogued to (e) Jan.l^ ( MorroiD of Epiphany.) at Westminster, 1327. To treat with the King if he shall be there in person, or in \ '^' case of his absence, with the Queen Consort and the King's Son. ^^ Writs are issued to the Archbishops and 18 Bishops, with the Clause, and Second Letters to enforce the Pra?munition, 19 Abbots, to the Earl of Norfolk, (Earl Marshall) G Earls, 47 Barons, to 23 of the Council, to the Warden of the Cinque Ports, and to all Sheriffs. A Writ is also addressed to Richard Damery, Justiciary of North Wales, to cause to come 24 Men of those Parts, Welsh and English, ad consentienduui, &c. Articles are exhibited agains\ the King, who is deposed by the Lords and Commons assembled in Parliament. He formally resigns his Crown to his Son, who is proclaimed King by the name of Edward the Third. The Knights of the Shire attend the Parliament at West- minster, 69 days, coming and returning, (f) The Writs " de Expensis" say, the Knights attended 2G days in the Parliament at ■\\ estminster, " coming to and returning home." They were to be paid is. per diem, and tliose, who, not being Knights, attended as sucli, 3^-. per diem each (£3 18f.) It is not clear whether their journies were included in their "attendance." If so, on a former occasion, 14 days were to be deducted from the actual presence of the Knights from Cornwall, who had "attended" 21 days. Rolls 19, Edw. 2. (rf) The same day, the Duke undertook the Government, and the King having returned, Nov. 20, application is made to him, by consent of the "Communitas," for the Great Seal, which he gives up. (.e) " This Writ," says the Editor of Pari. Writs, (II. 453, note) "tested, ' Edwardo Filio nostro primogenito,' could never liave passed the Great Seal, and consequently is not recorded upon the Close Rolls, which were with the King." (/) The Representatives for North Wales were summoned, Jan. 11, after the Par- liament had actually assembled. No election is directed, and Damery is to consult with others as to the proper persons to be returned, who are not required to have full powers, &c. There is no evidence of any Welsh Representatives for tliis Parliament. No attempt for Representatives, for either North or South Wales, appears to have been afterwards made, until an Act i)as5Cd for the purpose in tlic reign of Ilenrv 8. (Rep. 289.) 92 EDWARD JII. EDWAllD III. (Jan. 25, 1327.; 1927- Feb. 3. (M. of Purificaticm.) The last Parliament ■**i'** is continued. The Proceedings against Thomas, Earl of Lancaster, are re- versed. A Law on Alienation of Lands holden in Chief of the Crown passes. Sept. 15. {M. of Exaltation of H. Cross.) A Parlia- ment, " Colloquium et Tractatus," is held at Lincoln. Writs are issued to the Archbishops and 18 Bishops and their Vicars, with the Clause, to 19 Abbots, G Earls, 46 Barons, to all the Sheriffs, and the Warden of the Cinque Ports, and 14 of the Council. A Second Letter is addressed to the 2 Archbishops. (^) 1328. p^jj^ ly^ {Sunday after F. of Purification.) A Parlia- 2 ' ment, " Colloquium et Deliberacio," meets at York, Writs are addressed to the Archbishop of York, and Keeper of Spiritualities of the See of Canterbury, with the Clause, " Prsemunientes Decaniim et Capitulura Ecclesiae vestrse Archid. totumq., Clerum vestrae Diocesis quod iidem Dec. et Archid. in propriis personis dictuniq., Capitulum per unum, idemq., Clerus per duos Procui'atores," &c., to IG Bishops, the Keeper of the Spiritualities of 2 vacant Bishoprics, and the Vicar general of an absent Bishop, with the Clause, mutatis mutandis, to 19 Abbots, G Earls, 50 Barons, 8 of the Council, to all the Sheriffs, and to the Warden of the Cinque Ports. A Second Letter to the Archbishops, commands them to enforce the Clause dii*ected to the Bishops, for the appearance of the Priors, Deans and Chapters, Archdeacons, and whole Clergy of their Diocese, {hj Some of the " Excuses" in this ParBainent are sufficiently amusing. " The Proxy for the Prior and Convent of Canterbury (Cant. 4 Jan.) requests to be excused, as it is feared that the Parliament at London will continue a long time." The W'rits, "de Expensis," direct the payment of 4*. per diem, varying according to the distance, for the Knights. Westminster, 9 March. {g) The Placita of this first Parliament, are "coram Rege et Concilio suo, in pre- sentia Dom. Ucgis, Procerum et Magnatum regni, in Parliamento suo," a vaiiation from the usual course. The great Court of Justice, "Curia Kegis," generally consisted of a .selected Council, (distinguished from the Prelates, Earls and Barons assembled in Par- liament) and of which the Justiciary, whilst that office remained, the Chancellor, and Justices of the Bench, formed a part. This selected Council, when assembled in the King's Parliament, administered Justice, as the Supreme Court, both by way of Ori- ginal and Appellate Jurisdiction. A part of that Jurisdiction is now vested in fhc Lords Spiritual and Temporal in Parliament assembled. When this Jurisdiction ceased to be exercised by the sworn Council of the King, and the part which remains was transferred to the Lords Spiritual and Temporal in Parliament assembled, has not been discovered. The transfer may have been gradual. The tirst symptom of it ap- pears in tins entry in the HoU, 1 Edw. 3, all the Lords Spiritual and Tcmi)oral sum- moned to the Parliament being apparently included. Rep. L 29G. See Rolls of Pari. IL Ed. 3. Fird. II. P. 2, 703, 712. Hep. IV. 37(i. (Ii) Rep. IV. 378. Feed, sub anno. It appears that the Parliament was sitting Marcli 3. V EDWAKJ) III. 93 April 24. (3 weeks after Easter.) A " Parliament," " Colloquium et Tractatus," meets at Northampton. Sixty Seven AVrits, stating, that, "from the absence of certain Prehites, Magnates et Proceres, the business at the last Parlia- ment at York could not be terminated," are addressed to the Archbishop of York and Keeper of Canterbury, with the Clause as above, to 18 Bishops and 1 Keeper of Spirs- with the Clause, to 7 Earls, 50 Barons, 11 Judges and others of Council, to all the Sheriffs and the Warden of the Cinque Ports. All the Writs forbid appearance at the Parliament with a tumultuous multitude of armed men, as has been the custom, &c. Tournaments are also forbidden in Town and Country, "quo prsetextu nonnulli Magnates in Parliamento prcedicto existentes, relictis negotiis nostris, ad Torneamenta et Burde- cias istas, divertere se properant." The Scotch Convention is confirmed, " de communi consilio, consensu et assensu Prelatorum et Procerum, Comitum et Baronum ac Communitatis regni in Parliamento nostro." The Parliament was sitting on the 18th May. {i) July 31. {Sunday after F. of St. James Apostle.) A Parliament, (" Consilium," " Deliberacio," " Tracta- tus,") meets at York, On business of the last Parliament left unfinished. Writs are issued to the Archbishop of York and the Keeper of Spirs- of Canterbury, with the Clause, and with a Second Letter, to 19 Bishops, with the Clause, 17 Abbots, 7 Earls (including Earl of Norfolk, Earl Marshall, and the Earl of Kent, tiie King's Uncles), to 50 Barons, 10 of the Council, to all the Sheriffs, and the Warden of the Cinque Ports. (A) Oct. 16. {Sunday after 15 of St. Michael.) A " Par- liament," " Colloquium et Tractatus," meets at New Sarum, On business still left incomplete from the absence of certain Prelates, " Magnates et Proceres." Writs are addressed to the Archbishop of York and Keeper of Spirs- Canterbury, with the Clause, 19 Bishops, with the Clause, the Prior of St. John of Jerusalem, (first time this reign) to 7 Earls, 48 Barons, 9 of the Council, to all the Sheriffs, and Warden of the Cinque Ports. The Bishop of Winchester having departed without leave, the Sheriff' of Southampton is commanded to send him before the King, wherever he may be, on the Octaves St. Hilary next, to answer for his absence. The Bishop of Lincoln, Chancellor, and AValter Hervey, Archdeacon of Sarum, are appointed Commissioners for the King. (0 (0 Rep. IV. 381. Feed, sub anno. (A) Rep. IV. 384. (/) Rolls2, Edw. 3. Rep. IV. 386. Feed. n. e. sub anno. The Writ for the appre- hension of tlie Bishop of W inthester is tested 11 Nov. Knighton, Coll. 2.5.53, says this Parliament was hindered meeting, because the parties met on Salisbury Plain and be- gan to figlit. But it appears from the Rolls that it met, and that wages of the Knights, Citizens and Burgesses were ordered. 94 EDWARD III. 1329. Feb.9.{Oct^ofPuriJicatio7i.) A Parliament, « con- 's " tinuatum sen adjornatum," meets at Westminster. The Sheriti's of Liondon are commanded to proclaim that all Archbishops, Bishops, Abbots, Vriors, Earls, I3arons, Knights, Citizens and Burtfesses, and all others, who are come, or are held to attend the Parliament adjourned from New Sarum, shall be in their places at Westminster. Two Commissioners are appointed for the King. (;n) March ... A Council, " Colloquium," is summoned, wherever the King may be. Writs are issued to 8 Councillors, (n) July 23. {Sunday M. of St. Mary Magdalen.) A Council, " Colloquium et Tractatus," is held at Windsor. The Archbishops, IS Bishops, 19 Abbots, the Prior of St. John of Jerusalem, 7 Earls, 61 Barons and Councillors are sum- moned, (o) Dec. 7. {Mon'oiv of St. Nicholas.) A Council is held at Northampton. A Writ is addressed to the Archbishop of York, (p) Dec. 26. {After F. of Nativity.) A Council meets, {q) 1330. 3Iarch 11. (Sunday before F. of St. Gregory ^ Pope.) ^■^' A Parliament, " Colloquium et Tractatus," is held at Winchester. Letters are issued to the Archbishops, with the Clause, "Prsemunientes Priorem et Capit.," &c., that the Prior and Archdeacons appear personally, the Cha])ter and Clergy as before, with a Second Writ includmg Deans ; to 19 Bishops, with the Clause, 27 Abbots, 2 Conventual Priors, the Prior of St. John of Jerusalem, 11 Earls, 50 Barons, 9 Councillors, to all the SheritFs, and the Warden of the Cinque Ports, (r) April ... A Council of Prelates and Nobles is held at Lambeth, (s) July 9. {Monday after F. of Translation of St. Thomas, Martyr.) A Council, " Colloquium et Tractatus," is held at Oseneye. The Ai-cbbishop of Canterbury, 17 Bishops, 19 Abbots, the Prior of St. John of Jerusalem, 8 Earls, 54 Barons and Coun- cillors, are summoned, (/) (»j) Rep. IV. 389. Foed. sub anno, 1329. (ra) Kep. IV. 389. (o) Rep. IV. 390. (p) Foed. N. E., sub anno. (q) F. N. E. 11. P. II. p. "Tt. It is stated by a Writ tested Kenilworth, 3 d. De- cember, that a Council of Prelates, Magnates and others of the Council, was called " ad certum diera citra instans festum Natalis Domini," on the business of the King of France. (;■) Feed. N. E. sub anno 1330. Rep. IV., 391. {$) Fa-d. N. E. sub anno. Shortly after April 1."). A Writ tested, Wodestok, 13 April, inquires the names of those who adhered to the late Earl of Kent, who in the Parliament lately convoked at Winchester, acknowledged before the Magnates and I'roceres present, Ac. '/; Ucp. IV., 391. EDWARD III. 95 October 15. {Monday before F. St. Luke Evangelist.) A Council, " Colloquium et Tractatus," meets at Not- tingham. The Archbishop of Canterbury, IG Bisliops, 19 Abbots, Prior of St. John of Jerusalem, 9 Earls, 50 Barons and others of the Council are sununoned by Writs, {uj Nov. 26. { Monday after F. of St. Catharine. J A Par- isso. liament, " Consilium et Tractatus," is held at West- '4, minster. The Summons is of only 31 days. Business requiring a shorter summons than usual, the King, by the assent of his Prelates and Magnates, has, for this time, abbreviated the day, which " abbreviacio non cedat alicui in prejudicium vel trahatur in consequenoiam in futurum." Writs issue to the Archbishops, with the Clause, for the prremunition of the Prior and Arch- deacons personally, and the Chapter and Clergy as before, to 19 Bishops, with the Clause, 2? Abbots, 2 Conventual Priors, the Prior of St. John of Jerusalem, U Earls, 47 Barons, 9 Judges, and others of the Council, to all the Sheriifs, and the Warden of the Cinque Ports. A special Writ is addressed to the Archbishop of Canterbury, on the dissensions between the two Archbishops. Proceedings are taken against IMortimer and his friends, by the Earls, Barons, " Peers of the Realm." Thomas de Berkeley is tried on an accusation of being impli- cated in the murder of Edward II., and acquitted, "coram Rege in pleno Parliamento." Keepers of the Peace are appointed, with new Provisions. It is also accorded, that a Parliament shall be holden every year once, (and) more often, if necessary. The Parliament sits till near Christmas, (v) (u) Rep. IV.,.30.'i. (V) Feed, sub anno, Rolls 4 Edw. 3. Statutes I. 265. Rep IV. 397. The Writs are tested, Oct. 2S, and appearance is required in 31 days. This shews, that the term of 40 days specified in the Charter of John, had hitherto been observed and was consi- dered a necessary regulation. Xo second Letter issues to the Archbishops. Accord- .ing to the Feed, the Writs to the Sheriff of Lancaster for Knights, are tested, Nov. 3, which is a summons of 23 days. The special Letter to the Archbishop of Canterbury is two days after the meeting, " Parliamenti hac instanti die." Nov. 28. The Report (p. 301 ), says, it is remarkable that in the Record of the Proceedings of this Parliament, no mention is made of the Commons, though they undoubtedly appeared, and some of the entries were likely to have proceeded from petitions of the Commons. It appears from the judgment on Mortimer and others, that the Peers were then a distinct body, separate and apart from the Commons, as Judges of the Parliament, as they still arc, and that there was no distinction of degrees between Earls and Barons, except as such. Though the assent of Parliament seems to import the whole Parlia- ment, yet it is expressed, that it v/as assented and agreed by the King, "et le grantz de meme le Parlement." Rep. 300. The conduct of the Peers is difficult to explain. They protest against judging Simon de Beresford, because he was not their Peer, and sutler Thomas de Berkeley, who was their Peer, to be tried by a Jury of Knights "co- ram Rege in pleno Parliamento." The P. H. 1. p. 200, .says a very singular Writ was sent to all the Sheriffs, in which the evil designs of the late Minister in " packing" Parliaments is openly declared, and shews that tliis practice has a much earlier date than either of this, or the last century. A translation of which out of the public Acts, m old French, claims a place. (Acta Publica, T. IV. p. 4.i3.) " Since we have been informed that several oppressions and hardships have been put upon many of the People of this Realm, by some that were our Ministers in divers offices, aided by some of our Nobility, as well Privy Councillors as others, Sec, and because tiiat before this time, several Knights Representatives for Counties, were people of ill designs and maintainors of false quarrels, and would not suffer that our good subjects sliould shew the grievances of the common people, nor the matters wliich ought to be redressed in Parliament, to the great damage of us and 96 EDWARD J 1 1. A. R. 13SL jpril 15. {Monday, Morrow of Vo of Easter.) A "Parliament" is summoned to Westminster. "Coll. et Tract, cum Prselatis, Magnatibus et Proceribus Regni." Writs issue to the Archbishops and 19 Bishops, xvitliout the Clause, 27 Abbots, 2 Conventual Priors, Prior of St. John of Jerusalem, 10 Earls, 48 Barons, 13 Councillors, to all tiie Sheriffs, and to the Warden of the Cinque Ports. This Parliament is revoked, 23 March. (»>) Sept. 30. {Morrow of St. Michael.) A " Parliament" is held at Westminster. " Colloquium et Tractatus." Writs are addressed to the Archbishops, with the Clause, for praemunition of the Priors and Chapters, Archdeacons and Clergy, but without a Second Letter. Tiiey are directed to appear on the day, as their frequent absence from Parliament and Convocations till long after they meet, occasions much delay and loss, to 19 Bishops, with the Clause, 27 Abbots, 3 Priors (as before), 10 p]arls, 47 Barons, 12 of the Council, to all the Sheriffs, and Warden of the Cinque Ports. The Bishop of Winchester, Chancellor, declares the Cause of Suinmons. The Prelates, Earls, Barons, and other " Grantz," consult separately. Regulations are made on the State of Ireland, by the King, Prelates, Earls, Barons, " et autres Grantz." It is ordained, " That the King, in person, shall go to Ireland, but to prepare his way, a certain number of Forces, vmder able Commanders, shall be sent before him ; and that those especially that hold any lands there, shall go speedily over for the defence of that Kingdom. That all Learned Men in the Law, avIio shall be appointed as Justices, shall by no means be excused on any pretence whatsoever, and that search shall be n)ade into his Majesty's Records, to see what methods had been formerly taken for civilizing and well governing the people of Ireland." Another Statute, containing many important provisions " pro Communi utilitate," is made by the same. The Restitution of Aquitaine is resolved on, instead of proceed- ing by process of war with ]<" ranee. It is enacted, that no Purveyance of Victuals shall be made, but for the Royal Family, and that, by good warrant, and ready payment. (;») our subjects ; we, therefore, charge and command that you cause to be elected with the common consent of your County, two of the most proper and sufficient Knights or Serjeants of the said County, that are the least suspected of ill designs, or coninion maintainers of Parties, &c." (For Serjeant, see Jacob's Law Dictionary.) This Writ does not appear in the App. to the Kep. IV. 398. But the Writ in tlie Feed. II. P. II. p. 800, "De Querelis coram Parliamento defercndis," directs that suih two Knights or Servientes, "de maxime fidelibus," shall be chosen from each county, tested Wodestoke, 3d day Nov., per ipsum Hegem. The appointment of Keepers of the Peace was an older institution, but the new Statute " seems to have been the origin of the Justices of tlie Peace of the present day," Rep. 1.301. The Provision as to an Annual Parliament, had probably in view the Administration of Justice by the King's Court in Parliament, 302. The duration of the Parliament is taken from the P. Hist. 1, '210; hut it appears from the Feed. n. c. II. 80G, that, on the 2'2d Jan., 1331, A. R. 1, the Parliament was then " instans." {u)i App. Uep. IV. 402. (.r) The language of the Writs implies that the Statutes were made by the King and Lords onlv, at the request of the People. The Connnons were generally Peti- KDWAKI) iir, 97 Nov. 5. A Council (secret) on Irish affairs is Ccilled. The Earl of Ulster, Earl of Ormond, Archbishop of Dublin, and 2 others are summoned (?/) Ja7i.20. {Oct<- St. Hilary.) A Council, "Colloquium '3-^2. et Tractatus," is held at Westminster. 'o AV'rits issue to the Archbishops, 19 Bishops, Prior of St. John of Jerusalem, 17 Abbots, 9 Earls, 47 Barons, (z) March 1 6. ( Monday after F. of St. Gregory, Pope, ^^^•^ March 12.) A "Parliament/' " Colloquiuui et Trac- * (/'* tatus," meets at Westminster. Writs are addressed to the Archbishops, with the Clause, for Prior and Chapter, &c., and stating that on this urgent occasion (the question of a Crusade for the Recovery of the Holj Land) no Procurators or excuses will be admitted ; with a Second Letter enlbrcing tliat to the Bishops and admitting ))rocuration ; to 19 Bishops, with the Clause, to 2(3 Abbots and the 3 Priors as before, likewise to 23 other Abbots not usually summoned, to the Master and the Prior of Sempyngham, and 3 other Con- ventual Priors, to 11 Earls, (>7 Barons, 10 of the Council, to all the Sheriffs and the Warden of the Cinque Ports. Two Proclamations are made against any man wearing a Coat of Mail, or carrying weapons offensive or defensive in London, "Westminster, or the Suburbs, and against Ciiildren or others playing any games (Bars or pulling otf' Hats) in the Palace at Westminster, during the sitting of Parliament. The Bishop of Winchester, Chancellor, declares the cause of Summons. The subject of the Crusade is unanimously deferred for more pressing matters at home. Deliberations are held on keening the Peace and the chastise- ment of offences, which, the Pi-elates state, did not properly belong to them. The Prelates and Procurators of the Clergy go by themselves to consult. The Earls. Barons and "autres Grauntz " by themselces. They give an answer, and propose Ilegulations for the keeping of the Peace, which are agreed to by the King, Prelates, Earls, Barons et "autres Grauntz," and by the Knights et Gentz du Commun, who authorize Declara- tions of excommunication, and other Censures of the Church, against disturbers of the public Peace. March 21, (xhe Saturday' following.) The Commons and Clergy have leave to depart, but the Prelates, Earls, Barons, "et Gentz du Conseil le lloi" remain, as the King desires their advice on important matters. tioners, the Lords assenting, as the King's Council, to the final approbation by the Koyal Assent. (Kep. 3J2.) Perhaps, the Magnates et ProL-eres were the persons really consulted wlien no grant was made to the Crown, and the assent of the Com- mons was only required to what the Magnates et Procere^ had before determined. See Rep. App. IV. 4U2. P. H. 210, &c. Rolls of P. II. The Feed. U. p. 2, 824, allude to the ParUanent then holding, 8th, 15t!i, and IGth October, l,l:il, when Tour- naments and other Feats of Arms are forbidden. In this Parliament, it appears by the Rolls, that all grants and " accords " are made by the King, Prelaies, EarU, Barons, " et autres grantz." (y) App. R. IV. 405. (3) App. Rep. IV. 406. See Feed. n. e. II. P. II. S31. The Act for tha Refo.ia- •tlon of the Iiish is tested Jan. 28, a. r, 0, 133J. 98 KDWARD III. March 23, (xMonday.) The Form of Commission for the Keepers of the Peace is adopted, and other matters are done, " en plevn Parlement." ('«) Sept 9. [Wednesday M. of Nativity of B. Virgin.) A " Parliament," (" Colloquium etTractatus,'') assem- bles at Westminster. Writs issue to the Archbishops, on the subject of Ireland, without the Clause, to 1!) Bishops, 28 Abbots, 3 Priors, u. a., 11 Earls, 6(5 Barons, 10 Judges and Councillors, to all the Sheriffs, and to the Warden of the Cinque Ports. A Letter is also addressed to the Archbishop of Canterbury against quarrels and dissensions with the Archbishop of York. The Proclamations are read as before, and the Bishop of Win- chester declares. Thursday. The Parliament deliberates on the subject of Irish affairs, the Prelates, by themselves ; the Earls, Barons et "autres Grauntz," by themselves ; and the Knights of Counties, by them- selves. Friday, W. M, le Scrop, asks all the "Grantz du Parle- ment," and also the Knights of Counties, their counsel and advice. An Answer is given by the persons so assembled, and in pur- suance of the advice so given, the Parliament grants an aid for the purposes proposed. The Prelates, Earls, Barons et " autres Grantz," and Knights of Counties, " et tote la Coe." grant to the King the I5th Penny, to be levied of the " Coalte.," and the 10th Penny from the Cities and Burghs and Demesnes of the King, the King granting, that, in future, " Tallage shall not be assessed, but as it had been done in the time of his An- cestors, and as it ought to be by reason." On the Third day of meeting, the King by advice of his " Grauntz" and the Knights, is to proceed to tiie North against the Scots, without further attending the business of the Parlia- ment ; and the ordinary business is put off. (^b) \a) App. Rep. IV. 40S. The separation of the Prelates is a remarkable instance of the attempts of the Clergy to separate themselves from the Laity, and perhaps will serve to explain why many laws appear to have been made without the concurrence of the Prelates. (303.1 It is evident that the Commons were not included in the words " autres grauntz," who may have meant the Judges, &c., summoned as Assistants. The Earls and Barons, and these Persons, generally advised what regulations should be made for redress, and what they proposed was submitted for the consideration of the Commons, unless the business originated in Petition of the Commons. From the entry of "pleyn Parlement," after the departure of the Commons, it seems that their presence was not deemed necessary to constitute a full Parliament for purposes not legislative, Rep. 304. AVe learn from Barnes, Edw. 3, " that during the time of this Session, it was proclaimed, that ' no Games, or other Plays of men. women, and chil- dren, should be used in Westminster, to the disturbance of the Parliament.' " The Pari. Hist. 1.214. says, "the Representatives of the Commons consulted apart," which, indeed, they must have done when left by the others, but that " they at that time had no particular Speaker." The Pari. Hist, mentions, among other business done, that the Irish Expedition was postponed, but that an army was to be sent to thatcountry. (21';.) Rolls, 6 Edw. III. A Proclamation, tested, Wodestoke, 2.') d. July, " De Navibus pio Passagio Regis, &c." Feed. II. P. II. p. 841, says, "Cum in Parliamento nostro nuper ajuid Westm. tento, per Pra>latos, Magnates et Proccres regni nostri fuisset concordatum, &c." The Feed. II. P. II. S78, contain a Writ, tested a Justiciario, apud Dubhn, 14d. Feb. a Ed. ,3, octavo, which speaks of a Parliament " nuper summonitum apud Dubliniam, die Lum, prox. post Festum Assumptionis B. M. anno regni nostri si'ilo (Aug. 17^. This nuper alludes then to an event which occurred two years before, and may instruct us as to its indetinitc application in other instances. (6) Rep. .App. IV. 411. See also 30.t and fi, fora consideration of the nature of these Grants. There seems grounds for inferring that, at this time, the Grants of the Cities and Boroughs in Parliament wore intended to supersede the King's right of Tallage of EDW/VRI) 111. 99 Dec. 2. {Friday before F. of St. Nicholas.) A " Par- 13S2. liament," (Colloquium et Tractatus) meets at York. ^'q"" Writs are directed to the Archbishops to treat with the Pre- lates, Magnates et Procercs, without the Clause, to 19 Bishops, 28 Abbots, 3 Priors, (u.a.) to 11 Earls, G5 Barons, 8 of the Council, to all tlie Sherifl's, and the Warden ot'the Cinque Ports. The " Grauntz " not being arrived, the meeting is adjourned to the following Tuesday. On the first of December, Commissioners are named to open the Parliament. In the opening, the King's Prolocutor, M. G.le Scrop, states the advice given in the last Parliament, and the debate of the Clerg}' by themselves, the Earls and Barons by themselves, and the Knights of Counties b}' themselves, and that the King now asks advice of ses " bones gentz et Liges de son Roialme," and his Prelates, whether he is to be assisted by service as his Ancestors, or " la value." Whereupon, the Prelates and Clergy by themselves, the Earls and Barons by themselves, and the Knights, et Gentz des Countez et Gentz de la Coe. by them- selves, treat of the business till the Friday following, (Friday before F. St. Lucy, Dec. 11); and then the Prelates by them- selves, the Earls and Barons by themselves, and the Knights by themselves, and then all in Common, give an answer to the King, that without the Assistance of several Prelates and other " Grantz," who were not present, they dare not advise the King ; and request him to continue the Parliament to the Octaves St. Hilary, and to charge the absent Prelates, &c., to be at York at that time, to which the King agrees, and those present are commanded to attend without further summons. Jan. 20. {Wednesdaxj in Oct''- St. Hilary.) A pro- 1333. rogued "Parliament" is held at York. ^'^' Writs had been issued to those who wei'e absent, namely, to the Archbishop of Canterbury, 17 Bishops, 2G Abbots, 2 Con- ventual Priors, 5 Earls, and 37 Barons ; specifying the advice to continue the Parliament, given by the Prelates, " Proceres ac Milites Comitatuum." Proclamation is made, and Receivers and Tryers (Termineurs) appointed as before. The Prelates, Earls, Barons and Procura- tors consult by themselves, and the Knights and " Gentz de Commune" by themselves, and on the Tuesday following, .Jan. 2!>, the Chancellor (Bishop of Winchester) dismisses them and his Demesnes. The greatest part, if not all, the Cities and Boroughs sending Repre- sentatives to Parliament, were, or had been, part of the King's Demesnes, or in the King's hands, and as such liable to tallage ; they might, therefore, consent to tax themselves in a mode which may have been less vexatious, and less burtliensome to individuals, and yet produced more to the Crown, and therefore was accepted by the Crown, instead of Tallage. It seems difficult to account for the distinct charge con- stantly of a larger assessment on Cities and Boroughs and the King's Demesnes, than on the rest of tlie several Shires, except on the supposition, that the persons so charged with a higher Tax, were thereby redeemed from 1 allage by the Otficers of the Crown." The Commons seem to have borne little part in the proceedings of this Parliament. Rolls, 6 Edw.3. It appears by a letter to the Archbishop of Canterbury, his Suffragan Bishops and Clergy, that, on that day, '2d Sept., they had appointed a " Concilium et Tractatum." The King commands that nothing shall be attempted in prejudice of the Crown, &c. Kep. App. I. 41.5. The Feed, sub anno (G) by a Writ appointing Collectors of Tallage, tested Wodestoke, 25 d. July, allude to a Parliament, "lately held at Westminster ;" and A. 7, a Writ, tested Sept. 27, declaring a grant to .lohn de XcviU, Sic, speaks of proximum Parliamentum. 1SS4 A. R 100 EDAVARD III. orders the Prelates, Earls and Barons to remain till the next day. (cj 1333. Kov. 22. (Monchy of ter OcV- St. Martin.) A ''Con- 7 vocation" of tlie Clergy is summoned to London. A Writ to the Archbishop of Canterbur}', asks his advice and aid, and that of his Clerg}'. A similar V.'rit to the Archbishop of York requires him to summon his Clergy to York on Nov. 29, (Monday after F. of St. Catherine Virgin^, for the same ])urpose. Second Letters, on account of the death of the Archbishop of Canterbury, directed to the Keeper of the Spiritualities of the Archbishoprick, and to the Archbishop of York, require a Con- vent'onforthe former atNorthampton.and for the latter at York, on Jan. 11, (Monday after F. of Epiphany.) Feb. 17. ( Thursday before F. of St. Peter iri Cathedrd.) 8 A Convocation is ordered to York. Wiits to the Archbishop, require a Competent Aid. Letters are also addressed to the Archbishop of Canterbury, for the same purpose, (d) Feb. 21. {Monday before F. of St. Peter in Cathedrd.) A " Parliament," (Colloquium et Tractatus,) is held at York. Writs are directed to the Archbishops, with the Clauses, "prtemunientes Capituhim, Archidiaconos, totum Clerum, &c.;" to 19 Bishops, with the Clause, 28 Abbots, 3 Priors, (u. a..) 12 (c) Feed, sub anno, Rolls, 6 Edw. 3, Rep. I. .30G-7. On these proceedings, says the Report, it is observable, that the Knights, as well as Prelates, Karls and Barons, were distinguished from the Citizens and Burgesses, and frequently acted separately ; and it seems evident, that when the Parliament was to act as the adviser of the Crown, the Prelates, Eails, Barons, and " Grantz," were most generally consulted, and sometimes the Knights of the Shires ; but the " Gentz de Commune," or Citizens and Burge.sses, seem to have been little regarc'ed, except when an aid was required. The Parliament had not yet assumed its present form. The Lords and Commons were not considered as two Houses perfectly distinct, and acting separately, and on perfect equality in their different functions ; tlie Knights of Shires appear to have been treated as of a higher order than the Representatives of Cities and Boroughs; and on this occasion, as on others, the Parliament continued after the Kniglits, Citizens, and Burgesses had been dism ssed, and the Clergy, except the Prelates, so that their presence was not deemed necessary to the constitution of a Parliament, to which the Prelates, Earls, and Barons, were summoned. But the Proceedings after this dismission, cannot liavebeen in their nature Legislative ; for that would have been contrary to the Declaratory Statute of 15 Edw. IL The Parliament probably then acted only as a Council of the Crown, to advise the King in the general administration of hij gov,.'rnment, and to act as a su- preme Court of Justice. According to Walsingham, p. 133. quoted by the Pari. H. 1. 220, a Parliament was summoned to. and met at York, "on Monday, in the second week in Lent," about the beginning of March. Easter Day of 1333 being .\pril 4, Ash Wednesday is on the 17th of February, and thetirst week in Lent would be from Feb. 17 to Feb. 23, and Tues- day, March 2, would end the second week. March 1, is the date here required. it is said, that, upon this occasion, the King was advised to take decided measures against the King of Scots, and to coin])il liis homage, that Balliol had been sum- moned, but refused to come, and that tlie Parliament proceeded to assist the King in purse and person. There is no evidence on record of this Parliament ; and the Parliament said to have been held at Edinburgh in tlie same year, at which the King of Scotland did homage to Edward, as Lord of that Kingdom, may have been that held in the following year. The Rolls, II. 70, contain Petirions in Parliament, 7 Edw. ,3, and the Editor refers to Ryley. G47, 650. Tlie King's Brief for Sibilla, widow of John de Mohun, is tested, Wodcstok, 2() d. Jan. a. h.8. It was in answer to a Petition in the Parliament of a. k. 7. (d] Feed, sub anno. At. 11. P. II. j). S7G, arc given the Actsof the Parliament held at Edinburgh on the Octaves of the Purification, ( Feb. 9) anno gratiie, sectimlum romputationem Ecclesia; Romans?, 1331, ct a. 2. regni Regis Edw. Balliol. Rep. IV. Vili. fic. EDWARD in. 101 Kurls, G3 Barons, 21 of Council, &c. To all the Sheriffs, and to the Warden of the Cinque Ports ; with a Second Letter to the Archbishops. The Great Charter, the Forest Liberties, and other Statutes, are confirmed. Several Acts are made, (e) Sept. 19. (Monday after Exaltation of the Cross.) A "Parliament," (Colloquium et Tractatus cum Prselatis, Magnatibus et Proeeribus,) is held at Westminster. Writs issue to the Archbishops, with the Clause, including Priors, Chapter, Archdeacons and Clergy, to 18 Bishops, with the Clause, 28 Abbots, 3 Priors ^u. a.), 12 Earls, CO Barons, 23 of the Council and others, to all Sheriffs, and to the Warden of the Cinque Ports. A Second Letter is directed to the Arch- bishops, including Deans. The Parliament grants a Fifteenth from the Lords and Knights of Shires, a Tenth from the Clergy, and the same from the Citizens and Burgesses. CfJ Fehriiury 15. (Wednesday after Feb. 8.) A Council, 1335. (Colloquium et Tractatus), is held at Newcastle- upon- -*•'*• Tyne. The Archbishop of York is summoned. March 26. [Sunday in Mid-Lent.) A Council, (Col- loquium et Tractatus), meets at Nottingham. The Archbishops, 5 Bishops, 5 Earls, 1 1 Barons, G of the Council and others are summoned, (g) May 26. {Morroiv of Ascension.) A " Parliament,'* is held at York, (Colloquium et Tractatus cum Prselatis, Magnatibus et Proeeribus.) Writs are addressed to the Archbishops, with the Clause, for Prior, Chapter, &c., and a Second Letter, including Abbots and Deans, to 18 Bishops, with the Clause, 28 Abbots, 3 Priors, (u. a.) 11 Earls, (iO Barons, 23 Judges and others of the Council, to all the Sheriffs, and the Warden of the Cinque Ports. A Letter is also addressed to the Archbishop of Canterbury, not to molest the Archbishop of York on his journey. Several Statutes are enacted " very serviceable to the Kealm." (h) July 3. (Monday after June 28.) A Council, (Col- loquium), is held at York. Ten Persons are summoned. Three others for July 8, (15 of John the Baptist.) (e) Feed. s. a. Diigdalc. Hop. IV. 422. The Pari. Hist. I. 221, gives the autho- rities for the proceedings of this Parliament. A Writ (Feed. II. P. II. 876) to the Archbishop of York, commands him not to molest the Archbishop of Canterbury, coming to the King at Newcastle upon Tyne, for the despatch of arduous affairs. T. R. N. C. Ap. T. 12 d. June. (/) Feed. s. a. Uugdale. Rep. IV.427, &c. The Pari. Hist. I. 221, states the grant. Knighton (Col. 25Co) writes that Edward BaUiol came to this Parlia:nent and did homage. (g) Dugdale. Rep. IV. 440-1. (A) Rep. App. IV. p. 443. Feed, sub anno. Dugdale's Summonses. Pari. Hist. I. 222. A f/etter to the Archbishop of York (P'oed. II. P. II. p. 9041 commands him, as before, not to molest the Archbishop of Canterbury, about to attend the Parliament at York. 102 EDWARD 111. July 24. {Vigil of St. James Apostle.) A Council meets at York. The SlieriflTs of Yorkshire are directed to send Three or Four of the most sufficient and able men, from each Wapentake. AVrits are also issued to GO Barons ? and 3 others. August 11. (Friday, Morrow of St. Lawrence.) A Council is held at York. Writs are directed to 515 Barons ? August 31. {Thursday after F. of Assumption.) A Council meets at York. Writs ai-e directed to 2 Knights, and one other. Other Writs, for Friday, Morrow of St. Bartholomew Apostle, Aug. 24, are directed to 6 Bishops, 5 Abbots, 1 Conventual Prior, to the Earl Marshall, (Earl of Norfolk) 18 Barons; to 1? Barons and others, for the Wednesday after St. Bartholomew, (i) 1336. March 11. (Monday after Sunday in Mid-Le7it.) 10* A "Parliament," (Colloquium et Tractatuscum Prselatis, Magnatibus et Proeeribus), meets at Westminster. Writs issue to the Archbishops, with the Clause, (including Priors and Chapter, Archdeacons and Clergj'), 19 Bishops, with the Clause, 28 Abbots, 3 Priors, (u. a.) 11 Earls, 60 Barons, IG of Council, to all the Sheriffs and to the Warden of the Cinque Ports. A Second Letter to the Archbishops, enforces the prae- munition sent " Singulis Episcopis." The Archbishop of York is excused, but he is to send a sufficient Proxy, (k) May ... {After the F. of Pentecost, May 19.) A Convocation is enjoined at York. A Writ to the Archbishop of York, requests a competent Subsidy, as the Prelates and Clergy of Canterbui-y have granted a Tenth " de bonis suis Ecclesiasticis in Parliamento apud Westm." (0 May 21. {M. of St. Trinity.) A Council is held at Oxford. Writs are addressed to the Mayor, Aldermen and whole Com- munity of the City of London, to send four of the most suffi- cient, considerable and most discreet Merchants of the City. A so to 21 other Cities, and to one Individual, (jn) June 28. {Friday after F. St. John.) A Council meets at Northampton. Writs are directed to John de Pulteneye of the Council, and to 105 Merchants by name, from 19 different Cities and Villa?, (n) («■) Rep. App. IV. 449-453. Feed, subanno. (*) Dugdale R. Ap. IV. 454, 7. Feed. s. a., which have also a Writ for the Expen- ses of Messengers from Scotland coming to the Parliament at London, by the King's command. T. K Ap. Westm. 24 d. Jlarch. A Parliament is .illuded to. held at York, on the Morrow of the .Ascension, just passed, which cannot refer to this year, as the test is IS d. April, whereas, in 1336, the Morrow of this Feast would be May 10. (OR. Ap. IV. 4.i7. Feed. s. a. (ot) Rep. App. IV. 4-7. „ ,. „ „ ^ (n) R. A. IV. 4.58. The P.irl. Hist. 1.222, calls this a " Parliament" at North- ampton, .Tunc 25, A. R. 10, 133t), and slates, that the King there received advice, that the French King had espoused the Scotch Cause, and, that, " flushed with martial thoughts," 10 EDWARD in. 103 Sept. 23. {Monday after F. St. Matthew Apostle.) ^•^^' A Parliament or Council, (Colloquium et Tractatus), is held at Nottingham, On French and Scotch affairs. Writs are addressed to the Archbishops, with the Clause, (as to Dean, Chapter, Archdea- cons and Cler^y^, to 18 Bishops and one Keeper of Spiritualities, with the Clause, to 27 Abbots, 2 Conventual Priors, Prior of St. John of Jerusalem, the Prior of Sempyngham, to G Earls, 35 Barons, 12 of the Council and 3 Servientes Regis, to all Sheriffs, and to the Warden of the Cinque Ports ; also to 37 (Merchants) from different Cities, and to the Mayor, &c. of London, for four Merchants of Wool, of the City- A Second Letter to the Archbishops, enforces the Prjemuni- tions required of the Bishops, and commands attendance of the Clergy on the above day. A Third Letter requires the Archbishop of Canterbury to summon a Convocation at Leicester, Monday after the F. of St. Michael, " quia negotia ardua sunt et magna, et quietem et salvacionem universorum summe concernentia,qucE cum omnes tangant, per omnes debeant pertractari." (o) Jan. 2. ( Friday after Circumcision.) A Council meets 1337. at London. It is held before the Archbishop of Canterbury, the Bishop of London, and three Earls, as Commissioners, before all, or any two, of whom the Archbishop of Canterbury is to be one. Writs are directed to the IMayor and Bailiffs of Bristol, and 25 other Maritime Cities and Towns ( Villse), to send three or four of the most discreet and honest men to the Council. A Council is appointed for the same day at Norwich, before the Bishop of Lincoln and others, (^p) Jan. 13. {Monday in F. of St. Hilary.) A " Parlia- Edward privately stole away from his Parliament, whom he left at their debates ; and with wonderful expedition arrived at St. John's Town, in Scotland, where he found King Baliol at the head of the forces of both nations. The Writ for constituting John, Archbishop of Canterbury, then Chancellor; U., Bishop of Lincoln, Treasurer; John, Earl of Cornwall, the King's brother ; his Substitutes to hold this Parliament, or Council as it is here called, is dated Newcastle upon Tyne, June 20, 1336. Kymer's Feed. IV. 701. This is very specific, but there is no evidence of any Summons to Members who would constitute a Legislative Assembly, and, in the only authentic Record, the meeting is termed a Council. This, it is true, is not always sufficient to determine the question ; as the very next assembly, which was, to all intents, and ac- cording to aliform, a Parliament, is designated a Council. The idea of a Parliament may have been generally connected only with a meeting, at which Laws were to be made, or a Subsidy granted, and a meeting at which advice was to be asked or inform- ation obtained, might be considered a Council. The day of the month, and year of our Lord, now occasionally supersede the Saint's day and Kegnal year. See Feed. s. a. p. 948. But the Foedera also say, that a Council was ordered to N'orthamplon on the Morrow of the Nativity of Saint John the Baptist, and give the appointment of Com- missioners, as tested, Newcastle upon Tyne, June 20, which is before the meeting, and does not accord with the account of the Editors of the Pari. Hist. The " assignatio Personarum loco Regis ad inchoandum Concilium apud Northampton," addresses the Bishops, Abbots, Priors, Earls, Barons, Knight, et omnes alios apud Northampton die Martis in Crast. Nat. S. John B. conventuris." (o) Dugdale. Rep. A\>. IV. 4fiO et sqq. Knyghton, and Rot. Claus. 10 Edw. ,3, M. 16, cited by the P. H. I. 223, say the King obtained a grant in this Parliament of one Twentieth from the Nobility and Gentry, a Tenth from the Citizens and Bur- gesses, a Sixth from the Clergy, and a Tax of 40s. a sack for all wool exported by English Merchants, and Three Pounds bv Foreign Merchants. i/j) Rep. IV. ,\pp. 467. &c. 104 EDWARD lir. ment," (Colloquium et Tractatus cum Prgelatis, Mag- natibus et Proceribus) is summoned to York. Writs are issued to the Archbishops, with the Clause, C Prior and Chapter, ) to hear the King's will by certain Commissioners, "Fideles." T. R. Westminster, 21 d. Aug. 106 JiDWARD III. and G places named. Another Writ is addressed to the Mayor and Bailiffs of 00 Cities and Towns, to send 3 or 4 of their most discreet Citizens and Men. Letters (tested, 18 d. Aug.) to the Archbishop of Canterbury, desire a Convocation to be held at St. Paul's, Ijondon, on Sept. 30, Morrow of St. Michael; and to the Archbishop of York, on Thursday, Octaves St. Michael, Oct. 6, at York. Second Letters (tested, 21 d. Aug.) addressed to the Arch- bishops, state that it is "Juslum et consonum rationi ut per com- munia subsidia communibus periculis occurratur ;" that the King is about to undertake "guerram fortissimam " against France and Scotland, and to incur " profluvium expensarum." For a sufficient aid, he, therefore, requests the Archbishops to sum- mon a Convocation at York, on Wednesday after the F. of the Nativity Beatae Marias, (Sept. 8), and the Archbishop of Canterbui'y and 11 Bisiiops, to summon the same in their re- spective Sees and Dioceses, on days, and at places, named, and to publish the King's wants " quando major aderit populi multi- tudo," that his Jfaithful subjects may more willinglj'- assist him, Sec. (v) Nov. 12. (M. of St. Martin.) A Convocation is held at York, (w) 1338. Jan. 14. (M. of St. Hilary.) A Parliament meets at ^ig** Dublin, fxj Feb. 3. {M. of Purification.) A " Parliament," Col- loquium et Tractatus, with the Cardinals sent by the Pope, the " Prselates, Magnates et Proceres," assembles at Westminster. Writs are addressed to the Archbishops, with the Clause, (for Prior and Chapter, &c.), 18 Bishops, with the Clause, 28 Abbots, 4 Priors (u. a.), IG Earls, 48 Barons, or such of them as are not elsewhere employed, to 13 Councillors and others, to all Sheriffs and the Warden. Cy) March IG. {Monday after F. of St. Gregory, Pope. J A Council, " Colloquium et Tractatus," is held at Lon- don. Summons are sent to 107 Individuals to at- tend, (z) (v) This is docketted, " Dc Concilio Summonendo," but was in the form of a Par- liament. It was summoned on the Custody of the Kingdom, and the Conservation of tile Peace, in the King's absence. Rep. u. a. 479 to 48.5. Fa?d. sub anno. Dugdale. The P. H. I. 22."), is correct as to this date, and quotes the Statutes at large, an. 1337. It is -said, " the Laity granted a Tenth Penny from the Community, and a Fifteenth from the Citizens and Burgesses. The Convocation gave a Tcntli of their " Tempo- ralities" for three years." (w) Feed, sub anno, tested 1 d. Nov. ( X ) Feed, oub anno. Teste Rege, 2 d. Jan. (.V> Dugdale. Rep. App. IV. 488. Feed, sub anno, p. 1007. This Parliament appears to have been sitting on 24th Feb., " instanti Parliamcnto nostro, 24 d. Feb.," 1338. Tlie Pari. 11. I., 223. throws this Parliament back to 13:i7. The Editors give the Writ to tlie Archbishop of Canterbury, and quote from Polydore Virgil, an Act against Export of (iold and Silver, unnoticed by any other Historian. Laws are also mentioned against the K.\port of English Wool, and Import of Foreign Cloth. This Parliament, Feb. 3, 13.38, is, however, correctly given in the Pari. Hist., 225, wliere various Grants are mentioned. (2) Rep. App. IV. Un. EDWARD III. 107 April 20. (M. of Clause of Easter.) A Council is called to Westminster. («) Juhj 26. {M. of St. James Apostle.) A Parliament, *• Magnum Consilium," meets at Northampton. The King has appointed his eldest Son, Edward, Duke of Cornwall and Earl of Chester, Gustos of the Kingdom in his ab- sence. Writs issue to the Archbishops, with the Clause, (prae- munientes Decamim et Capitulum, &c.) 18 Bishops, with the Clause, 28 Abbots, 4 Priors (u. a.), H Earls, 46 Barons, 14 Councillors, to all Sheriff's and the Warden. A Council is also summoned on July 23, Thursday before F. St. James Apostle, by Writs to 2 Bishops, and C others. Two others are commanded to attend on Wednesda}' and Friday after St. James Apostle, July 29 and 31. A Second Writ to the Archbishops, (tested, by the Gustos, Aug. 5), enjoins that a Convocation for Canterbury shall be summoned at St. Paul's Church, on the IMorrow of St. Jeroni- mus, Oct. 1, and at York, mutatis mutandis, {b) Novejuber 5. {Thursday after F. of All Saints.) A Council, " Consilium de Prailatis, Magnatibus Pro- ceribus et quibusdam aliis fidelibus," meets at West- minster. Writs are directed to the Archbishop of York, the Archbishop of Canterbury, or his Vicar General, to 12 Bishops, 17 Abbots, 1 Conventual Prior and the Prior of St. John of Jerusalem, 10 Earls, 28 Barons, and 12 of the Council, (c) January 14. {M. of St. Hilary.) A "Parliament," 1339. " Tractatus et Colloquium," is summoned to West- minster. Writs are directed to the Archbishops, with the Clause, (for Canterbury, Priorem et Cap., &c.) to 19 Bishops, with the Clause, 29 Abbots, 2 Conventual Priors and the Priors of St. John and Sempringham, to 10 Earls, 4G Barons, 14 Councillors, to all the Sheriffs and the Warden. A Second Letter to the Archbishop enforces the Praemunition. Feb. 3. (M. of Purification.) A Parliament, by pro- 1339 rogation of the last, is held at Westminster. "^13" Writs are issued as before, {d) (a) Letters, tested by the Custos, 16 A. July, command all Sheriffs to send to North- ampton, on the Monday after St. Peter ad Vincula, (Aug. 3) four of the most discreet and wealthy (ditioribus) Merchants, to treat with the Custos and Council. Feed. II. P. n. 10.51.' Prynne, Br. Pari. Red. 187. The Sheriff of Roteland returns two Knights, but adds " nulla sunt Civitates nee Burgi in Com. pra^dicto. According to the return of the Mayor and Aldermen, the City of London elects Three Citizens, of whom two or all may act. This fact clearly demonstrates that numerical majorities of the Commons were not sought or ojjposcd, as of importance in the decisions of Par- liament, and therefore thattlie constitutional influence of the Commons differed from that of more recent periods. (6) Dugdale. Rep. IV. p. 492, &c. The Pari. Hist, says, Writs were dated, Aug. 25, for a Parliament at Northampton, l.'i d. after Michaelmas, but quotes Knyghton, who says it was held " in crastino Si. Jacobi," I. 227. " Here was granted an Aid, such as never liad been given to any King before." Dugdale's Summons for the 15 St. Michael of this year, probably refers to the following year. There appears, at least, no other account of such a meeting. ? (c) Kep. IV. 496. (rf) Rep. IV. 497-.')03. According to the Foedcra, a Convocation w.is commanded at York on a convenient day. T. Cust. ap. Byflct, 8 d. Feb. 12 lOS EDWARD III. 13 October IS. (15 of St. Michael.) A "Parliament," (" Colloquium et Tractatus cum Prajlatis, Magnatibus et Proceribus,") assembles at Westminster. Writs are addressed to the Archbishops, with the Clause, and a Second Letter, to 16 Bishops, and 3 Vicars general, with the Clause, 29 Abbots, 4 I'riors (u. a.)j 10 Earls, 44 Barons, 14 of the Council, to all the Sheritfs and to the Warden. A Letter is addressed to the Archbishop of York, " Whereas the Archbishop of Canterbury had in a Convocation of his Clergy in the Church of St. Brigide, l^ondon, anticipated the payment of the Second year of his Triennial Tenth ; and the Province of York had denied an Aid ; the King, no longer able " tolerai-e quin contra vos et alios de Clero dictse provincial, manum, viis et modis quibus in casu hujusmodi licite poterinius, extendamus, nisi vos et ipsi conipetenti subsidio, &c.," commands a Convo- cation to be held in St. Peter's, at Vork, at the earliest ])ossible day. Proclamation is made as usual against armed Assemblies and Games. Commissioners appointed for the King, namely, the Archbishop of Canterbury, the Bishop of Durham, and M. W. de la Pole, open the Parliament by stating the cause of Summons, es- pecially the need of a large Subsidy. It is agreed by all, " auxi bien as grantz come as petitz," that the King is to be aided by a great Sum in this necessity. The Nobility, "Les Grauntz," Bishops, Dean ot York, Prior of St. John, Abbot of Westminster, Earls, Barons, and Justices of England, give their Answer in writing. They grant to the King, by the advice of the Coimcil, the Tenth Garb of Corn of all Sorts, of their Demesne lands, except the lands of their Bondsmen, the Tenth Fleece, and the Tenth Lamb of the next year, to be paid in two years, under certain Stipulations. The Commons, " Les Gentz que sount cy a Purlement pur la Commune^'' give their Answer also in writing. As it was necessary a great aid should be granted, the_A dared not give their Assent till they had advised and consulted with the Commons of their Countries; and therefore they desired another Parliament to be summoned, and in the mean time they would return to their Counti'ies, and Tvould do their utmostto obtain for the Kingapro]jer aid, and they pray that W'rits be sent to every Sheriff', that Two of the most esteemed " mielx vanez " Knights of Counties, should be elect- ed and sent to the next Parliament, for the Commons ; so that none should be a Sheriff, or other Othcer. They add several Articles complaining of grievances. It is agreed that another Parliament shall be holden in the Octaves of St. Hilary follow- ing; and amongst other things, that it shall be inserted in the Writs of Sunnnons to that Parliament, directed to the Sheriffs, that Two Knights, girt with Sivords, from every County, shall be elected to be in that Parliament, and that Writs be issued for a Convocation of the Clergy of the Province of Canterbury, at the Church of St. Paul, at the Quindene of St. Hilary; and for a like Convocation of the Clergy of the Province of York, in 'd weeks of St. Hilary, (e) (e) Dugdale. Rep. IV. .^03. In this Parliament, the cause of Summons was stated not only "as grantz," butalso, "a Ceuxde la Commun." This increase of their consequence was occasioned, probably, by the King's necessities, The necessities of tlic Crown lor Aids, was the priiicipalinduccnKnt for calling to thcl'arlianicnt Rcprc- EDWARD III. 109 Jan. 20. {Thursday, Octaves of St. Hilary.) A "Par- i3to^. liament, (Colloquium et Tractatus cum Prselatis, Majj^- 13 ' uatibus et Proceribus,) assembles at Westminster. Writs issue to the Archbishops, with the Clause as before, and a Second Letter, to 17 Bishops and 1 Vicar general, with the Clause, to 29 Abbots, 4 Priors (\x. a.). U Earls, 45 Barons, 14 Councillors, &c., to all the Sherifts and the Warden. Writs also issue to 44 Individuals, Merchants, from 11 differ- ent Cities and Towns, to attend the Parliament, and to 3 or 4 Masters of Ships from Southampton, and 13 others from 11 Sea Ports, who attend from 44 to 51 days each, and by Writs are to be paid 2s. per day. Parliament is opened by Commission. On Saturday, the 19lh February, the Commons offer an aid of 30,000 Sacks of "Wool, on certain Conditions. The Earls and Barons grant for themselves and for their Peers of the Land, who hold by Barony, the Tenth Sheaf, Fleece and Lamb of all their Demesne Lands. The Commons afterwards vouch for 2,500 Sacks of "Wool, whereupon to borrow money, which would be a gift if their Conditions were rejected, but otherwise part of the larger amount. Measures are taken for the defence of the Kingdom. A Convocation of the Clergy is required at London on Thurs- day after V. of Conversion of' St. Paul, (Jan, 27), and at York on" the Octaves of the Purification, (Teb. 9.) (f) March 27. {Monday after Sunday in Mid-Lent.) is4o. A Council, (Colloquium et Tractatus cum qui busdam Mercatoribus, &c.,) is held at Westminster. sentatives of the Commons, and such places only from which Aids were to be de- manded, were required to send Representatives, thougli tlie Laws made in Parliament for other purposes extended to all. The grant of the Lords being confined to their Demesnes, they did not attempt to charge their Tenants by subinfeudation. The Commons declined any Aid without consulting those whom they represented, including, possibly, the Tenants of the I-ords by subinfeudation. Kep. 308-9. The Barons of the Ports were not Contributors to any Aids, or Charges, touching the Land, and were, therefore, not required to send Representatives to Parliament. The new Ordinance for the Election of Sheriffs is tested by the Custos, Wyndesore, 22 d. Sept. Feed. II. P. II. p. 1090, as follows. Rex, &c. Quia pro prsecavendo dampnis gravibus nobis, &-c., per Vice Comites, regni, qui ad suam propriam et suo- rum amicorum procurationem, ad hujusmodi otficium hactenus assumpti fuerunt, &c. direximus ordinandum, Quod omnes et singuli Vice Comites in plenis Comitatibus, per Ho7nines Communitatis eormideni, de probioribus et Jideliuribus, et magis iduneis hominibus dictorum Comit., terras et teneraenta in Ballivis suis in Foedo juxta formam Statutorum inde editorum habentibus, cum deliberatione provida, annis singulis cUganiu7', Sjc. (/) The Prelates were not included in the grant of the Earls and Barons, though all are supposed to have holden lands by Barony, or as a Barony, and the grant being confined to the Demesnes of the Granters, and therefore not including their Tenants by Subinfeudation, may have been intended to apply only to Lands which they held in Chief of the Crown, and not, to Lands whicli they held as Tenants of others. The words "held by Barony" may have been expressive only of tenantcy in Chief of the Crown. Rep. I. 310. All the proceedings of this Parliament are detailed, Pari. H. 1. 229, on the authority of Barnes. The Clergy, it appears, contributed nothing, and Polydore Virgil says, "Tributum statim cuncti solverunt, preeter Sacerdotes, quibus parsum est, quo alias illi ampliores erogarent Fccimias." Lib XIX. p. 369. See Stat, at Large, 11 Ed. 3, 1340, and Feed, sub anno. Rolls, 13 Edw. 3. Dugdale. 11 110 EDWARD III. Writs are sent to 154 persons, from 45 and more, Counties, Towns, &c. (g) March 29. ( Wednesday after Sunday m Mid-Lent.) A " Parliament," (Colloquium et Tractatus cum Prae- latis, Magnatibus et Proceribus,) is held at Westminster. Writs are addressed to tlie Archbishops, 18 Bishops and 1 Vicar general, with the Clause, to 29 Abbots, 4 Priors (u. a.), 13 Earls, 44 Barons, 15 of the Council, to all the Sheriffs and to the Warden. The usual Proclamations are made. A Clerk of the Parlia- ment and Receivers of Petitions are appointed. On Thursday, the meeting is adjourned to Saturday, when the Cause of Sum- mons is declared, specially to the Prelates, Earls and Barons, then generally to them, and to the Commons. A sufficient Aid is demanded. The Assembly deliberates till Monday, when the Prelates, Pearls and Barons, for themselves and all their Tenants, the Knights of Counties for themselves, and the " Communes de la Terre," grant a Ninth Sheaf, Fleece and Lamb for two years; the Citizens and Burgesses, the true Ninth of their Goods j ]Merchants, not residing in Cities and Boroughs, and others who inhabit Forests and Wastes, and who do not live of their Gains or Store of Sheep, the Fifteenth ot their Goods ; " sous la Condi- tion que notre Seigneur le Roi de sa bonne grace leur ottrei les Petitions queles ils mistront devant lui et devant son Conseil, &c,," upon wliich, with command of the King, and the assent of the Prelates, Earls, Barons and Commons, certain Judges, Pre- lates and Nobles, twelve Knights chosen by the Commons and Six Citizens and Burgesses, are appointed to sit from day to day, or till they complete them, to form into Statutes the points and articles " que sont perpetuels," and for those "que ne sont mye perpetuels," and therefore only temporary, the King, by assent of the "Grauntz et Communes " will cause to be made and sealed his Letters Patent, &c. The Duke of Cornwall is appointed Guai-dian during the King's absence in France. In consequence of the "grosses Besoignes," which cannot be completed, the Parliament is adjourned to Wednesday in Easter week (April 19) and all the members present agree not to absent themselves till that day. All the Merchants summoned for Monday after Midlent Sun- day, (March 27) are ordered to attend on the Morrow of the Ascension (May 26). (/*) (g) Foed. sub anno. Rep, App. IV. .'il2. (A) Rolls II. 112. Feed. a. 14. Dugdale. Rep. App. IV. .515. "The forms of the grants in this Parliament, seem to shew, that the Constitution of the Legislature in Parliament was not then definitively settled as it now is." Rep. I. 311. The Pre- lates, Earls and Barons take on themselves to be Representatives of all their Tenants, and consider the Knights of Shires as not representing such Tenants. On this ground, probably, the Tenants of Prelates, Earls and Barons did not contribute to the charges of the Knights. This grant may have been in lieu of the tenth before agreed to. The forms of these grants seem to ini|)ort that the Knights and the Commons for whom they granted, were either Tenants in t'liicf of the Crown, or Tenants of such Tenants in Chief, and not Tenants of any Prelate, Earl or Baron ; and in conformity to this supposition, the election of such Knights ought to have been by Tenants in Chief, or their Tenants, in exclusion of Tenants, Earls and Barons. The appointment of Citizens and Burgesses on the business of the Petitions seems to have been an innovation, and a gradual assumption of power by the Commons. Rep. I. .•il2. For other particulars of this Parliament, see P. H., I. 23.'?, which cites Knyghton, Ilollingshcad, Daniel, Fabian, Tyrrcl, and the Statutes at large, anno 13U. It is re- EDWARD HI. Ill April \9. {Wednesday i7i Easter week.) The adjourned Parliament meets. May 26. {Morroio of Ascension.) A Council (Collo- quium et Tractatus) is held at London, or Westminster. Writs of Summons are sent to 134 IMerchants, of different Counties, Cities and Towns, (i) July 12. {Wednesday after F. of Tr. St. Thomas^ Martyr.) A "Parliament" meets in the " Cliambre de Peynte," at Westminster. Writs are issued to tlie Archbishops and 19 Bishops, with the Clause, 29 Abbots, the 4 Priors, 8 Earls, 44 Barons, 15 of the Council, to all the Sheriffs and the Warden. (Jc) Proclamation is made in the great Hall, as usual. The cause of Summons is declared, and the meeting is adjourned to the following day, when the Knights and Commons are desired by the Duke of Cornwall to consult how an Aid may best be grant- ed, and to give their answer on Saturday. On this day they reply. Writs are ordered to be sent to all the Sheriffs, to cause to come before the Council at London, on Monday after the As- sumption, certain Merchants from every City and Burgh in their Bailiwicks, and the body of the County, who shall be authorized to treat with the Council. Certain IMerchants " de Bard et de Perucli " attend to shew what aids thej- would grant. August 23. {Monday after F. of Assumption.) A Council, (Colloquium et Tractatus,) meets at London, or Westminster. Writs had been sent as ordered to the Sheriffs of 34 Counties, to send 274 Merchants, to attend. (/) August 23. ( Wednesday^ Vigil of St. Bartholomew Apostle.) A Council meets at Westminster, Sept. 9. {Saturday, Morrow of Nativity B. Virgin.) A Council is held at London. marked, that the Writs for the 29th March, are tested by the King the day of his landing at Harwich, Feb. "21, whence it appears, tliat in case of necessity, a Parliament might then be called in less than 40 days. See Statutes 1. p. 282, 14 Edw. 3, 1. c. 5, for the Act by which Commissioners are appointed to redress delays, Src, of the Courts of . Justice — "That, from henceforth, at every Parliament, shall be chosen a Prelate, two Earls and two Barons, who shall have Commission to hear by petition, &c. ; and, in case the difficulty be so great, that it may not well be determined without assent of Parliament, that the said Tenor or Tenors shall be brought by the said Prelate, Earls and Barons unto the next Parliament, and there shall be a final accord taken, what judgment ought to be given in this case, &c." In the same year, the Act 1. c. 7 declares, " That because some Sheriffs have their Bailiwicks for terms of years of the King's grant, &c., it is assented, &c., that no Sheriff shall tarry in his Bailiwick over one year, and then another shall be ordered in his place." (0 Rep. App. IV, .518. (At) Dugdale. Rep. App. IV. .i21, and I. 312. P. H. 1. 237, Src, for many particu- lars as to the aids granted on account of the King's great Naval Victory. It appears from an entry made this Parliament, that Religious Persons, who were charged with the Ninth by the Legislative Assembly, were not summoned to that As- sembly, and a complaint is made in the next Parliament, that they did not appear by any Representative in whose election they had concurred. Rep. 1. 312. (0 Rep. App. IV. 524. 112 EDWARD in. Oct. 2. {Monday after F. St, Michael. J A Council is held at London. Sixteen Individuals are summoned from as many Cities and Towns, 4 " homines de probioribus, &c., from each of 14 Cities and Towns, by Writs to the Mayors and Bailiffs. Writs are also sent to the Archbishop of Canterbury, 4 Bishops, 2 Abbots, 5 Earls, 12 Barons and those of the Council (m) Nov. I A: C Tuesday after F. of St. Martin.) A Council meets at Westminster, on important business. 1341. March 19. {Morrow after Sunday in Mid-Lent.) ^\l' A Council is held at Westminster. of April 23. (Monday after 15 of Easter.) A " Par- ^"^2"" liament," (Colloquium et Tractatus cum Pralatis, Magnaiibus et Proceribus,) meets at Westminster. Writs are sent to tlie Archbishop of Canterbury and 18 Bishops, with the Clause, 20 Abbots, 4 Priors (u. a.), 8 Earls, 45 Barons, 10 of the Council, to all the Sheriffs and the Warden. Sir Thomas Drayton is chosen Clerk of Parliament. The usual Proclamations are made. All petitions are ordered to be delivered before Saturday. Receivers are named, and the assembly, by daily adjournments, is prolonged to Thursday, when the cause of Summons is de- clared to the Prelates, Nobles and Council. For the considera- tion of this matter, the Parliament is again adjourned to the following Thursday, on which day, the Peers petition not to be tried except by Parliament. Four Bishops, Four Earls and Four Barons with the "Sages de la Leye," are appointed to de- termine when they are to be so tried and when not. On the fol- lowing IMondaj', they give their answer. Many Petitions are offered, and answers given. Amongst other things, the " Grantz et Communes" pray, that Petitions shall be affirmed as granted by the King, those on " pointz a dui'er" bv Statute, and others by Charter or Patent, and deli- vered to the Knights of Counties without pay. Complaints ai-e made, that the Prelates, Earls, Barons, et "autres grantz," who were bound to come to Parliament, had granted an aid of the Ninth, &c., and that the King's Ministers required the Ninth of other "Gentz de Ste Egllse," who were not bound to come to the Parliament, and who never granted the said Ninth, and who paid their Tenths. It is answered, that those who hold by Barony, and ought to come to Parliament by Summons, should pay the Ninth ; and the men of holy Church, who held nothing by Barony, and were not accustomed to be summoned to Parliament, should pay the Tenth. But if such had possessions, purchased and appropriated, not taxed amongst their other tem])oralities in the accustomed Tenth, it was just that these should pay the Ninth, (n) (m) Foed. sub anno. Dugdale. Rep. 1. c. p. 526. (n) Fad. sub anno. Du'tdale. Kcp. 1. c. 529. Instruments, tested 2 and 8 d. May, recite, that, whereas the Abbot of St. Augustin, Bristol, the Abbot of Thornton, and the Prior of Senipryngham do not hold by Barony, or in any way in Capito, nor on the foundation of the king's Progenitors, or his own, which would nh/ij^i- th-i/i to attend Parliaments and Couneils, nor were ever summoned before the fifth, and tenth, years of our reign, &c. iv:e., the same are exempt this Statute, it was clearly and distinctly recognised ; and this personal Privilege, attaching at all times, is distinct from that Privilege of Parliament, which belongs to the Members of both Houses of Parliament. It exists when there is no Parliament, as well as when there is ; and it extends to their Wives and Widows, as partaking of their Personal Privilege, and is lost to the Widow, when, by a Second Marriage, she loses the Character of Widow of a deceased Peer. Rep. 1. 315. By this Statute, a clear and decided personal distinction was declared between such as were summoned, or entitled to be summoned to Parliament by Special Writ, then known and distinguished as Peers of the Land, and such as were not so summoned, or so entitled. (314.) See also the distinction from other Tenants in Chief. I.e. See Pari. Hist. I, 240, &c., for Proceedings in this Parliament. (p) Dugdale. Rep. App. IV. 532, et sqq. Letters are published exempting tlie Abbot of Beaulieu (de Belloloco) who holds all his possessions in Free Alms, and not by Barony, SiC, from attending Parliaments and Councils, unless his presence be neces- sary for other causes. Similar Letters exempt the Abbot of Croyland and Prior of Spalding. (?) Feed, sub anno. Dugdale. Rep. App. IV. 537, et sqq. (»•) Rep. Anp. IV. 510. 8 114 EDWARD III. Oct. 5. (6 days after F. St. Michael.) A Convocation of the Clergy, at St. Paul's, is held. "Auxilium impeusuri ulteriusq. facere quod tunc ibidem con- tingit ordinari," by Writ to the Archbishop of"Canterl)ui-y. (sj Oct. 16. {Wednesday after F. of St. Edivard, Confes- sor.) A Council, " Concilium et Tractatus cum Prse- latis, Magnatibus et Conimmiitatibus regni," is held at Westminster, before Edward, Duke of Cornwall, &c., Gustos. The Archbishop of Canterbury and 17 Bishops are summoned, with the Clause, 20 Abbots, 1 Conventual Prior, (Lewes), the Prior of St. John of Jerusalem, (before exempted) 3 Earls, 20 Barons and 2 Knights, 2 Citizens and Burgesses, by Writs to the Sheriff of Kent, and all others, " citra Trentam." {t) Dec. 2. f Monday after F. of St. Andrew, Apostle.) A Convocation of the Clergy of the Diocese of York is required to meet at St. Peter's Church, York, but is, afterwards, changed to Monday, Morrow of the Con- ception, (Dec. 9.) (u) Dec. 1. {M. of St. Andrew.) A Council meets at Westminster. Eleven Mei'chants are summoned. Dec. 14, Saturday. ( M. of St. Lucy.) A Council is held at Westminster. The Archbishop of Canterbury, 5 Bishops, 5 Earls and 17 Barons attend, {v) 1343. Jpril28. {Monday next after \ 5 of Easter.) " A Par- 'i7 liament" (Colloquium et Tractatus, cum Prselatis Mag- natibus et Proceribus) is held at Westminster. AVrits issue to the Archbishops, and I'J Bishops, Avith the Clause, 27 Abbots, one Conventual Prior, and the Prior of Si. John of Jerusalem, 13 Earls, 40 Barons, 7 of the Council, to all Sheriffs, and the Warden. Proclamation is made as usual, in the Great Hall, AVestminster, in the City of London, and the Suburbs, against carr^'ing Arms, and against Games. Petitions are to be presented before Mon- day, and Receivers are appointed. Wednesday/, April 30, the Bishops, Lords, and Commons, as- semble in the" Chambre de Peynte," when M. Bartholomew de Burghersh, for the Lord Chancellor, declares the Cause of Sum- mons. The Prelates and " Grantz" assemble, on the 1st of iNLay, in the "Chambre Blanche," to consult ; the Knights and Com- mons in the " Chambre de Peynte," and prepare a Report. The Commons attend the Prelates and Lords in the " Chambre Blanche," and, by M. William Trussell, give in their answer. (*) Feed. sub. anno, 1342. Rep. App. IV. r)41. (t) Dugdale. Kcp. App. IV. 612. («) Rep. IV. 544. (V) Dugdale. Rep. App. IV. 044, ."ilO. 1344. n. EDWARD III. 115 Friday, May 2, all the Members assemble in the Chambre Blanche, to treat on other matters, as required, and make a lleport on the following day. Their first Petition is, as usual, that the RU/hts and Privileges of Holy Church may be preserved entire and inviolate. It is agreed, inter alia, that Merchant Aliens resident in the Bealm, ought to aid and bear charges with others of the King- dom, whilst they shall remain there. A Petition relating to Provisions and Reservations of the Court of Rome, is fully considered, (tt)) April 2b. {Friday after Clause of Easter.) A Council is held at Westminster. (Colloquium et Traetatus.) One hundred and thirty-eight Merchants and others are sum- moned. Sept. I. [Monday after F. of Assumption.) A Council (Colloquium et Traetatus) meets at Westminster. Forty iMerchants are summoned, {x) March 15. (Monday after Medium Quadrag.) Council is held at Westminster. is All the Officers of the Ports are summoned, (y) of Fr April 2S. (15 of Easter.) A Council (Colloquium et Traetatus) is held at Westminster. The Archbishop of Canterbury, all the Bishops of England and Wales, and one Elect, eight Abbots, and the Prior of St. John of Jerusalem, are summoned, (z) June A Q. {Monday after Octaves of St. Trinity.) A ''Parliament" (Colloquium et Traetatus ut antea) as- sembles at Westminster. Writs issue to the Archbishops and 19 Bishops, with the Clause, 20 Abbots, Prior of Lewes, and St. John of Jerusalem, to 13 Earls, 41 Barons, 5 of the Council or others, to all the Sheriff's, and the Warden. Proclamation is made ; Receivers and Tryers, and a Clerk of Parliament, are appointed as usual. Many Prelates and others, specially summoned, being absent, the Parliament is adjourned to a subsequent day, and the names of the absent Lords are delivered to the King in writing, " to ordain such punishment as he shall please." A Convocation of the Prelates and Clergy of the Province of Canterbury had been required at St. Paul's, on the Morrow of the Trinity (May 31 ). None of the great Prelates had attended, except the Archbishop, thi-ee Bishops, and a Bishop elect. The Archbishop of Canterbury is charged to do with those who did (t/") Dugdale. Rep. App. IV. 54G. See Pari. Hist, for a detail of Proceedings 1.2.51. It is said, that the Prelates and great men were charged to assemble on Thursday, 1st of May, to treat, advise, and agree, whether the King ought to send Envoys to the Court of Rome, &c. And, in the same manner, the Knights and Commons were charged to assemble in the Painted Chamber, for the same purpose. They give their answers separately. A Letter is addressed to the Pope by the Princes, Dukes, Earls, Barons, Knights, Citizens, and Burgesses, and all the Commonalty of the Realm, given " in full Parliament," 18 d. May, 1343. The Clergy refuse their assent. (X) Rep. App. IV. .548, .550. On tlie 26 Feb., this year, an individual is commanded, immediately, to attend the King for a " CoUocjuium." 548. (y) Focd. sub anno, III. p. IV. \z) Hop. App. IV. 550. 116 EDAVAIIU III. not obey liis orders, wliat belonged to him to do ; and the Kin^, with res])ect to those who did not obey his commands, would do what belonged to him. («) The Chancellor declares the cause of Summons. Numerous Petitions are offered. A grant is made by the Archbishop, Bishops, Prelates, and Procurators of the Clergy of Canterbury, of a Biennial Tenth, and the like grant by the Clergy of the Province of York. The Commons grant Two Fifteenths of the Commonalty of the Land, and Two Tenths of Cities and Burghs, on certain Conditions, (b) 1315. Oct. 19. (3 7veeks after Michaelmas.) A Council, *"iq' (Colloquium et Tractatus,) is held at New Sarurn. Two Knights, or others, are summoned from all the Counties. July 18. ( Monday after July 12.) A Council meets at Westminster. Thirteen Jlerchants are summoned. July 31. {Sunday after F. St. James /Apostle.) A Coun- cil is held at Westminster. Two Persons are summoned. Aug. 2. {M. of St. Peter ad Fincula.J A Council meets at Westminster, (c) Aug. 11. {M. of St. Lawrence.) A Council is held at Westminster. Forty-nine I\Ierchants are summoned, (d) Sept. 28 and Oct. 6. [Morrow ayid Octaves St. Michael.) Councils are held at W^estminster. («) Dugdale. Rep. App. IV. 551. See also I. 317. " The Convocation of the Clergy was no part of the Legislative Body authorised to make general Laws, according to the Declaratory Statute of 15 VAw. 2 ; and had no right to treat or ordain upon any business, for which the Parliament was summoned ; except as tlie object of the King, in sum- moning the Parliament, was to obtain an aid, and the Clergy, as a Kody, in respect of their Spiritual Possessions, claimed exemptions from Taxation by Lay Authority, and xisually taxed tliemselves in Convocation." A Convocation of the Clergy of the Province of York had also been required at St. Peter's, York, on June 12, the day after the Feast of St. Barnabas, the Apostle. For the Proceedings of this Parliament, see Pari. Hist. 1.257. (6) This is the first instance of a Grant by the Clergy in Convocation, entered on the Rolls of Parliament, and stated in a Statute. The Temporal Lords do not appear to have made any grant of money, but had agreed to pass over to France with the King. These separate grants shew that the principle of a general Legislative Power, for the purposes of taxation, was not then fully adopted, and that the Constitution of the Legislative Assembly was not completely settled. Other proceednigs in this Par- liament appear to have been by the King and Council only, tlie King's Council still continuing to transact business as a Council and Court of Justice in Parliament. The Council seem always to have been present in Parliament, and every important act of the King in Parliament appears to have been s.inctioned by the advice of his Council. The Commons, as well as Lords, appear to have been, at all times, particularly anxious as to tlie constitution of that Council. The Meetings of Parliament were still con- sidered as Meetings of the King's Select Council, to whidi the Lords and Commons, as the Great Council of tlic King, for legislative purposes, and for granting aids, and for their advice on extraordinary occasions, were summoned to attend, licp. L 317. See Prynne Brev. Pari. p. 145, for a Writ, 18 Edw. 3, summoning Two Knights or others to a Colloquium et Tractatus at New Sarura, in three weeks after I\Iicliaelmas, tested 20 d. Sept., a. r. 18, with various Returns of Sheriffs. He supposes that this was a Great Council, no Citizens or Burgesses being summoned. (c) Fa?d. Rep. .\pp. IV. 5,55. (d) Rep. .\pp. IV. 5,54-5-(!. The .\bbot of Osneyc, holding his Lands and Tene- ments in Free- Alms, and none by Barony, or in Capitc of the King, is released, with his heirs, from future attendance on Parliament, Feed, sub anno. EDWAllD III. 117 XVrits, tested, 15 Sept., are directed to the Prior of Totness, and many otiiers wlio had nejTlected to attend the Council on the Morrow of St. Peter ad Vincuhi, Aug. 2, and threatening, if they neither attend nor send a Proxy, that the King will take froni them the Priory Lands and Tenements, " j)er iios com- iiiissa," and assign them to those who will make from them the largest grant and Subsidy for the War. (ej Feb.^. [M.ofrurification.) A Council, (Colloquium 1346. et Tractatus,) meets at Westminster. ^'^^' Writs are directed to the Aixhbishop of Canterbury, and to all the Bishops of his Province, (f) March 27. {^Mondaij after Sunday in Mid-Lent) A " Convocation," or Convention, is held at York. The "Archbishop of York, Prelates, Earls, Barons, 'Mag- nates ' and other Nobles," attend. Maurice de JJerkeie is appointed Commissioner for the I^ing- (.9) Jidy 17. {Monday before F. of St. Margaret.) A Council is held at Westminster before Commissioners. Writs issue to the Archbishop of Canterbury, 3 Bishops, 1 Conventual Prior, TRochester^ the Abbot of Westminster, and 10 of the Council, (/t) Sept. II. {Monday after F. of Nativity B. Virgin.) 1346. A " Parliament," (Colloquium et Tractatus cum Free- "^g "• latis, Magnatibus et Proceribus,) meets at Westminster, of Fr. Writs are sent to the Archbishop of Canterbury and IG Bishops, 't and 1 Keeper of Spiritualities, with the Clause, 23 Abbots, 1 Conventual Prior, the Prior of St. John of Jerusalem, 5 Earls, 11 Barons, 16 of the Council, to all the Sheriffs and the Warden. The Archbishop of York and Bishops of Durham and Carlisle, the Abbots of St. Peter's, York, and of Selby, the Earl of Angus and 11 Earons, are commanded to send sufficient Procurators, themselves being occupied in defence of the Marches of Scotland. The principal Peers being with the King in France, there appear only the Archbishop of Canterbury, eight Eishops, the Abbot of Westminster, three Priors, three Barons, six of the Council, (as Judges, &c.) The usual proceedings take place. The Commons present a Petition of Grievances, " That the King had assumed the power, by his Commissions issued from the Chancery, of charging the people with Array, without assent and grant of Parliament." They pray that such Commissions should not issue, Avithout consent of the Commons. Never- / theless, the Commons grant an Aid of Two Fifteenths, to be / (e) Feed. III. P. I. 60. The Rep. I. 319, says, There does not appear to have been any Parliament holden in the 19th Edw. 3, in which Knights, Citizens and Burgesses attended, or to which the Spiritual or Temporal Lords had Writs of Summons. Grants were, however, irregularly made, as appears by subsequent petitions. The Writs for this Council, declare that a (Jrant had been made by the Priors and other Firmarii. (/) Rep. App. IV, 557. ig) Rep. App. IV., 5.57 This is called a Convocation, though not an Ecclesiastical Assembly. The P. H., 1. 2 9, calls it a Parliamentat WesUninster, at Lent. \3iG, on the authority of Barnes. Tyrrel says it was a Council, at Westminster, of Bishops and Peers. (A) R. A. IV., 5.58. 21 118 EDWARD III. levied in two years, in Cities, Borough?, and Ancient Demesnes, as well as of the Commons of the Counties. The King having made his Son, the Prince of Wales, a Knight, demands tlie usual Aid in such case, 403. of every Knight's Fee. It is answei-ed, that, by Statute of Westminster, first, the Fee should be only 20s., and the Commons refuse assent, (i) Oct. 16. (Monday after F. Translation St. Edward.) A Convocation of the Clergy of the Province of Canter- bury is held at St. Paul's. Dec. 18. {Monday after F. St. Lucy Virgin.) A Con- vocation for the Province of York, is called to St. Peter's Church, York, (k) ^^^'^' Jan, 7. [M. of Epiphany.) A Council is held at 20 * Westminster. There are summoned, the Earl of Angus, 15 Barons, the Arch- bisliop of Yorlc, or a sufficient Procurator, and 2 Bishops. (/) "i^e&. 12." {Monday.) A Council meets at West- minster. Eleven Persons are summoned. " March 3." A Council is held at Westminster. Six Bishops, 20 Abbots, (including Osneye), 4 Conventual Priors, and the Prior of St. John of Jerusalem, 8 Earls and 8 Barons, are summoned, (w) April 21. (3 weeks after Easter.) A Council meets at Westminster. A Summons issues to 78 Merchants, from 14 Counties, to the Sheriff of Bristol, to send " lloger Turtle" and 2 others, to the Sheriffs of the above Counties, to send 4 or C of the most dis- (0 Feed, sub anno. Dngdale. Rep. App. IV., 558. It seems the Commission had not merely issued of the King's authority, but from an informal grant of the Lords, without the Commons, which they considered an invasion of their Rights. They did not disjiute the right of the Lords to make a separate grant for themselves, but only prayed that the Commons might not be so charged. These grants were nevertlieless enforced, and the Commons do not seem to liave been able to obtain a remedy for their grievances, which were in violation of the Great Charter, the Charters of Edw. 1, and the Statute 1.5 ICdw. 2, expressly declaring by what autho- rity alone a Law affecting the people could be made. The iUegaUty of tlie proceeding was afterwards noticed and condemned. ( Kep. 319.) It appears tliat the charge of 40*. was levied, and the act was, therefore, a gross vio- lation of the law. The King and his government seem to have acted in many instances arbitrarily and oppressively, paying little attention to tlu' complaints of the Commons. One of the Council neglecting to attend, lie is commanded to appear, by Writ from the Custos, 13 d. Sept. (/.) Rep. App. IV. .5(il. (l) Rep. App. IV. 557. This Summons appears to be misplaced in the Report. In the Fa;d. sub anno, it is given /ifirr tlic Writs for the Parliament. On the loth Feb., the Earl of Devon is excused attendance from all Parliaments by reason of his infirmi- ties, but is required to send " Attornatum idoneuni." The Pari. H. I. 261, says, on tlie authority of Barnes, that a Parliament was called to meet at Westminster, on the 3d day of the new year, 1347, respecting which there must be some error. The Editors quote Tyrrel, who makes the date of the Writs, July 30, I34(), and tlic Parliament to meet Sei)t. 11, " wliich, say they, must be a mis- take." l!ut Tyrrel is right, as he alludes to tlie former year, and there is no evidence of this sui)posed Parliament having been called, and the proceedings in the P. H. are all tliose |>. I V. 5(12. The Feed , sub. anno, give a Writ for another Council at Wesdninster, Wednesday after 15 of Kaster, at latest, T. C. 31, d. March. This approximates so nearly to the next Summons, that it has been omitted in the Text. EDWARD I/I. 119 creet and honest INIerchants from each, besides those already named, {nj June 20. (Wednesday before F. Nativity St. John Baptist.) A Council is held at London. Writs for attendance are directed to 70 Persons, from 18 Counties, (o) July 21. {Morrotvqf St. Margaret, Virgin.) A Council meets at London. One hundred and eighty-seven Merchants and Tradesmen, from many places, are summoned, to appear on many different days. Cp) Sept. 6. {Thursday after Sept. 3.) A Council is held at Guildhall, (g) Sept 26. {Wednesday after F. St. Matthew, Apostle.) A Council meets at London. Six of the Council, &c., are summoned. Oct. 6. {Octaves St. Michael.) A Council is holden at London. Writs to attend are issued to 21 Merchants and others, (r) Jan.U {M. of St. Hilanj.) A " Parliament," (Col- ^34S. loquium et Tractatus cum Prselatis, Magnatibus et Pro- "^21"' ceribus,) meets at Westminster. Writs are addressed to the Archbishops and 19 Bishops, with the Clause, 24 Abbots, the Prior of Lewes, and St. .John of Jerusalem, to 11 Earls, 30 Barons, 13 of the Council and 4 " Servientes Regis," to all the Sheriffs and the Warden ; also to Walter de Bermyngeham, Justiciar of Ireland. The Commons complain, that, at a Council holden by the King's Son, Lionel, then (Juardian of the Realm, Duties and other charges were imjjosed without consent of the Commons, and they pray forbearance in collecting the said charges, (s) March ^\ {Monday after Mid- Lent Sunday.) A "Par- 1348. liament," ( Colloquium et Tractatus cum Preelatis, Mag- ^'^' natibus et Proceribus,) assembles at Westminster. "^^o^*^ Writs issue to the Archbishops and 19 Bishops, with the Clause, 24 Abbots, (omitting Oseneye) the Prior of Lewes, and St. John of Jerusalem, 11 Earls, 30 Barons, 13 of the Council, and 4 Servientes Regis, to all the Sheriffs and the Warden. A Writ is also addressed to Edivard, King of Scotland, com- manding him, "in fide et homagio," to meet the Prelates, " Magnates et Proceres " on this day. (t) (n) Rep. App. IV. 563. (o) Feed, sub anno. Hep. App. IV. 565. (p) Rep. App. IV. 567. (o) Feed, sub anno. (r) Rep. App. IV. 571-2. \,s) Dugdale. Rep. App. IV. 572. The Chiefs of the Nobility and Gentry were with the King in France, and with tlicir support ho seems to have evaded the com- plaints of the Commons, and levied arbitrary impositions. (Rep. 320.) See P. H. I., 2G8, for the Proceedings in this Parliamcnl. Knighton calls the next Parliament only an adjournment. Coll. 2596. From a notice in the Feed, sub anno, the former Parliament seems to have been sitting on the 13th of February, {t) Feed, sub anno. Dugdale. Rep. App. 575. 9 13i9. 120 EDWARD III. After the customary proceedings, the cause of Suninions is declared by William Thorp, Chief Justice, The Commons complain of many Charges put upon them with- out their assent, and other grievances, but grant Three Fifteenths to be levied in Three years, upon certain Conditions, amongst others, " That thenceforth no Imposition, Tallage or Charge by way of Loan ('d'Api-estJ, nor in any other manner, shall be put by the Privy Council of the King, without the grant and assent of the Commons in Parliament." It is answered, that the business shall rest till the King's Council be better advised. They also pray that their Petitions may be answered without delay, and complain, that answers before granted, are changed, and they disclaim all Bills so changed, (ii) Jan. 19. {Monday after F. of St. Hilary.) A " Par- 22 liament," (Colloquium et Tractatus iit supra,) is sum- moned to Westminster, on French affairs. Writs are directed to the Archbishop of York, with the Clause, (Praem. Decaniun, &c.) to the Bishop of London, with the Clause, TPraem. Decanum et Capitulum Ecclesioe St. Pauli, &c.) to the Dean of Lincoln, Elect for Canterbury, and 17 Bishops, with the Clause, 31 Abbots, the Priors of Lewes, Cofentry, and John of Jerusalem, the Priors of Oseneye, Thornton, and Thorneye, notwithstanding any privilege to the contrary; to 10 Earls, 56 Barons, 12 of the Council and 4 Servientes llegis, to all Sheriffs and the Warden. Also, to Edward de Baliol, King of Scotland. On account of the prevalence of the Plague, " Plaga pestilen- ciae mortalis," the Parliament is prorogued to " Rlonday, 15 of 1349. Easter," April 28, and, a second time, for the same reason, with- ^'no' out further appointment, (v) 1349. Jpril 20. {Monday, M. Clause of Easter.) A Council is held at Westminster. A. K 23 (a) " The answers given shew the state to which the Commons were then, by cir- cumstances, reduced. The King, Prelates and "Grantz," took upon themselves to alter the answers and assent jointly given, when the Commons had retired from the Parliament, which seeras to show that the Commons had not yet attained an equality with the Prelates and " Grantz de la Terre," who still assumed, in some degree, the authority which they formerly exercised. The advice of the Prelates, Earls and Ba- rons, and " Autres Grantz," was frequently required by the King, without a corres- ponding reference to the Commons. This might be accounted for from their having been frequently assembled by the King for the purpose of conference and advice, when the Counties, Cities and Boroughs were not required to send their Kepresentatives. But it may also have arisen from the King's Barons, with the Prelates and Earls, as Barons, having been originally the only constituent parts of the Common Council of the Kingdom; and the Legislative Acts of the King, not imposing any charge on his subjects, having been made by the advice of the Prelates, Earls, and those, in the Charter of John, styled " Majores Barones," even when it was acknowledged that it was necessary to summon, in some manner, all who held of the King in Chief to form a Common Council for the purpose of assessing aids." Rep. 320. The opening of a Parliament was frequently delayed because the Prelates, Earls, Barons and " autres Grantz," were not come ; but either the attendance of the Knights, Citizens, and Bur- gesses was more regular, or it was not thought necessary to wait. A distinction seems also to have been made between the Knights, and the Citizens and Burgesses; The Knights (as in (i Edw. 3) were recpiired to give their advice separately, as well as the Prelates, Earls and Barons, but the Citizens and Burgesses do not appear to have been consulted. There seems still to have remained traces of the original constitution of the Legislative Assemblies, as acknowledged by the Charter of John." 3'21. It may be of interest to notice from the Foedera, the Foundation of St. Stephen's Chapct, Westminster, 6 Aug. I.'J48. (ii) Feed, sub amio. Dugdale. Rep. App. IV., 577-80-84. The Foedera .illude to a Council .-It Westminster. T. R. Westminster 20 d. March. The P. H. L, 273, is greatly in error as to the Parliaments following. EDWAUD JII. 121 Sevciity-fivo Merchants and others are summoned, (w) Jprilo. (Morrow Clause of Easte?:) A Council meets i^ao. at Westminster. ^24' Writs are issued to TTufrh, Earl of Devon, and 18 Barons, (ar) Feb. 9. {TVednesday, Octaves Purification.) A "Par- \^^^; liament," (Colloquium et Tractatus, &c.) meets at West- 25 n)inster. Writs are addressed to the Archbishops and 18 Bishops, with the Clause, to 25 Abbots (including Thorneye), the Priors of Lewes and S(. John of Jerusalem, to Edward, Prince of Wales, S^c. and II Earls, 50 Barons, 9 of the Council, &c., 4 Servientes llegis, to all the Sheriffs and the Warden. The Abbot of Malmesbury is excused, " hac vice de gratia speciali." (y) Parliament meets in the Chambre Blanche "pres de la Cham- bre de Peynte." Lionel, the King's Son and others are appointed Commissioners. Having been adjourned inconsequence of many absentees, to the Tuesday following, W. de Shareshull, Chief Justice, declares the cause of Summons in the Chambre de Peynte, and the Knights and Commons are ordered to give an answer on Thursday. April 17. {Easter.) A Convocation is held at York. Maj/ 1. (15 o/" Easter.) A Convocation of the Province of Canterbury is held. To obtain a sufficient Sudsidy. (z) Jan. 13. {Friday iji St. Hilary.) A " Parliament " 1352. (Colloquium et Tractatus) is held at Westminster. '"^^' Writs are issued to the Archbishops and 13 B'sliops, witli the of Fr. Clause, 24 Abbots, the two Priors, to Edward Prince of Wales, 12 &c., to Henry, Duke of Lancaster , 11 Earls, 52 Barons, 10 of the Council, 4 Servientes llegis, to all the Sheriffs, and to the Warden. It is granted to the Abbot of Gloucester, as a special favour, to be excused attending personally in Parliaments, " Congre- gacionibus et Conciliis," and to appear only b}' a sufficient Pro- curator, on account of the King's affection towards the Church of St. Peter, Gloucester, in which are deposited the Remains of his Father, Edward II. (a) Sir John de Codryngton, Clerk of Parliament, makes the usual Proclamation in Westminster Hall, and the Citvand Suburb? of London. Petitions are to be presented before Wednesday. (w) Rep. App. IV., .586. (z) Ilep. App. IV,.587. (y) Dugdale, Rep. App. IV, .587-590. The Test for this Parliament, is 2.5 Nov., A. R. 24. The P. U., I, 273, says, a Parliament was summoned by Writs of 2.5 Nov., for 8ves of St. Hilary, and was then adjourned to 15 Feb.; of which there appears no evidence. The proceedings have probably reference to this Parliament of Feb. 9. (X) Feed. sub. anno. Rep. App. IV, .590. {a) Feed. 1352. Dugdale, 11. App. IV, .590-,593. Tyrrel, quoted by the Ed. Pari. H, 1, 275, is himself in error, when wishing to correct the mistakes of the Clerk of the Rolls. The King did not begin his leign on the First of this month, and the Parlia- ment was therefore not by necessity in his 2()tli year. But the publication of the Lords Report, and of the Pari. Writs, supplies advantages far beyond the means possessed by those early and very industrious writers. The Proceedings of this Parliament are, however, faithfnllv detailed in the Pari. Hist., I, p 277. R 122 EDWARD III. Tuesday (5th day), the Kin_^ causes the Commons to appear before hiii), and the " Grantz," in the Chambre de Peynte, and the Chief Justice declares the Cause of Summons. The Com- mons are to consult till the foUowinfr day, and then, " as soon as the sun rises," to come and report their grievances. The Chief Justice, M. W. Shareshull, on opening the Parlia- ment, addresses j)rincipally the Commons, to obtain the neces- sary aids for the King, and proposes to them, in order to shorten their sta}', that they shall elect 24 or 30 of their body, to go to the King in the Painted Chamber, and that the King will send to them some " des Grantz," to confer with the Persons so elected; that the rest shall assemble in the Chapter House, Westminster, and that the Persons elected shall hear what " les grantz" say, and report to their Fellows. To this, the Commons do not assent ; but the whole body comes before the Prince, and " autres Grantz," on a subsequent dry, and the state of affairs in 1' ranee being submitted, they are desired to advise the King what was fit to be done. They are also told, to offer any Petition of Grievances, or for amendment of the Ijaws ; and the Prelates and Lords are required to attend to the Trial of the Petitions, in the Places assigned to them. The Commons, after long deliberation, on Friday following, pre- sent to the King, in the Chambre Blanche, a Roll, contain- ing the aid they had agreed to, and their Petitions for the Commonalty of the Land, to which they desirean earl}^ answer ; and the King returns a gracious answer. They grant an aid of Three Tenths and Three Fifteenths, on certain conditions; amongst others, that no Knight, Citizen, or Burgess of Parlia- ment, may be Collector of the Aids now granted. The Commons complain of various other grievances, to wliich various answers are given. A Petition, presented by the Archbishop of Canterbury, on behalf of the Clergy, states that the Archbishops and Bishops hold their Temporalities of the King in Chief, and so far ai'e Peers of the Land, as are other Earls and Barons. (6) 1S52. August 26. {M. of Assumption of B. M. V.) A Council, 26* (Colloquium et Tractatus cum Prselatis, Magnatibus, Proceribus et aliis Fidelibus,) is held at Westminster. Writs are directed to the Archbishop of Canterbury and 10 (6) " The Commons increased in consequence, notwitlistanding the arbitrary charges imposed upon them." Rep. 321, and sqq. "Either circumstances had changed, or they had begun to teel more strongly their importance, and the King the necessity of attending to their complaints. The exertions of the Commons in this Parliament, tended to establish the Constitutional Law of the Country, on the subject of Taxes and aids to the King, on those principles which have now been long acknowledged and acted upon." (32.'i). It appears from the petitions, that Land holden in Socage, im- mediately of the King, was liable to the aids for making the King's Son a Knight, or marrying the King's Daughter. Therefore, all the Lands in the Kingdom, except those holden in free Alms and the Demesne Lands, were, in some manner, charged with these aids, though in^very different degrees. And, if the Charter of John, requiring all the Tenants in Chief to be summoned for the purpose of an extraordinary aid, ex- tended to Tenants in Socage, an Assembly so constituted, represented all the Lands in the Kingdcmi not holden in free Alms, and the King's Demesnes, which included the principal Cities and Boroughs. (Itep. L 322.) liate in this year, by a Writ, tested, 1 Sept, " Four Justiciars are appointed to examine the Petitions presented in the last Parliament by the Archb. of Canterbury, and his Clergy." Peed. 1.3ril. Bv a Writ, this year, T. H. 12 d Sept "The Bishop of Armagh is excused from atteiMling in pers^on the Parliaments and Councils at Dublin, as he cannot go thither in safetv " cum Cruce ante se erect.'i," without a great Commotion of the Populace." Puii. a', r 20, 13.VJ. 1S5S. EDWARD III, 123 Bishops, the Abbot of Westminster and the Prior of St. John, to attend in person, to 9 other Bishops, to appear personally, or by a sutiicient Procurator, to the Prince of Wales, Uiike of Lan- caster, 11 J'-arls, 24 Barons, 8 of the Council and 8 " Majristri;" to all the Sheriffs to send One Kniyht only, " de provectioribus, discrecioribus et niagis exemptis, ista vice, ut homines ab occu- pacione autumnali quo minus possumus retrahamus." Writs are also issued (for the first time; to Henry, Duke of Lancaster, to send the same from his County ; to the Sheriff's of London to send two Citizens ; to the Mayor and Bailiffs (for the first time) of 10 Cities and Borouglis, to send one Citizen, or Burgess, only, in consideration of the autumnal occupations : to the Warden of the Cinque Ports, for Two Barons onl3', for the same reasons ; to a IMonk of the Abbey of Chester, to attend, " cum omnibus Cronicis vestris et qure sunt in custodia vestra ;" to an Abbot of the same Abbey ; to the Provincial Prior of the order of " Fratres Predicatores in Anglia;" and to the Provincial Prior of the order of ]\Iaria of Blount Carmel, in England, (c) July 1. [Octaves St. John B.) A Council, (Collo quium et Tractatus,) meets at Westminster. 27 Seventy ^Merchants are summoned from 23 Cities and Towns, besides 7 Lombards, 4 Germans, (Alraanni) and 1 from Genoa, (De Janua.) {d) Sept. 23. {Monday after F. of St. Matthew, Apostle.) A Parliament, or " Great Council," (Colloquium et Tractatus cum Prselatis, Magnatibus et Proceribus,) meets at Westminster. Writs are sent to the Archbishops and 19 Bishops, the Prior of St. John of Jerusalem, to 25 Abbots, the Prior of Lewes, to Edward, Pri/ice of Wales, &c., to the Duke of Lancaster, 11 Earls, 43 Barons, 8 of the Council, 4 Rlagistri, to the Sheriff's for One Knight, " cinclmn gladio," to the V^arden for One Baron from each Port, to the Sheriff's of London for Two Citi- zens, to the Mayor and Bailiffs of 37 Cities and Burghs to send Two Citizens and Burgesses. In consequence of the absence of many JMembers, the meet- ing is adjourned to Friday, when the assembly takes place in the Chambre Blanche, and the Chief Justice ShareshuU declares the cause of Summons, concerning the Staple of Wool, on which certain Ordinances are made. Oct. 7. The Commons are summoned before the King, Pre- lates and Grantz, in the Chambre Blanche, when the state of art'airs is made known. At the conclusion of the meeting, the Commons pray, that, " AVhereas several Articles, touching the Estate of the King and the common profit of the Itealm, were accorded in the Council then assembled, the same shall be re- hearsed in the next Parliament, and entered on the Koll, as the Ordinances, made in Council, are not of record, as if made by the Common Parliament." To which the King assents, (e) (c) Dugdale. Rep. App. IV. 593. (d) Rep. App. IV. 59fi. (e) Dugdale— Report L. c This Assembly was not deemed a PnrUament as that word had now begun to be generally considered. Kep. 1.223. The KolU call it a Parliament, or Magnum Concilium. 124 EDWARD III. 15 1354. jprii 28. ( Monday after F. of Si. Mark.) A « Par- 28 liament" (Colloquium et Tractatus) is held at West- o^F"^- minster. AViits issue to the Archbishops and 1!) Bishops, with the Clause, to 24 Abbots, the Prior of St. JoJdi, to Edward Prince of \yales, &c., the Duke of Lancaster, 11 Karls, 48 Barons, 8 of the Council, 4 Servientes Regis, to all Sheriffs, for Knights, Citizens, and Burgesses, to the "Warden, for two from each Port, and to Henry Duke of Lancaster, as to the Sheriffs. (/) On Wednesday, the Chief Justice declares the Cause of Summons. The Commons having prayed, that as the Ordinances and Agreements made in Council were not of Record, and the King having agreed, that the Laws and Customs for the Staple, which were prepared at the last meeting, should be rehearsed and sub- mitted to Parliament, the same are now recited. The Knights of Counties are desired to get copies from the Chancellor, and give their written opinion. Having consulted togethei', they approve the Ordinances as good and profitable, and desire they may be made a perpetual Statute. As such, they are entered on the Statute Roll, (g), The Commons and Lords consult as to a Treaty of Peace, but the former answer, that on this subject, " whatever pleases the King and ' Grantz,' will be agreeable to them." The Commons farther pray, that, as Tenants of Lords who hold by Barony, and are summoned to Parliament, claim to be discharged of the Expenses of the Knights, the King and Council ■will ordain that it be declared, whether those Tenants shall be charged with others of the Counties, or discharged, and the others charged. The King wills that it shall be done as here- tofore, (h) Nov. 12. {Thursday, Morrow of St. Martin in hyeme.) 29 A "Parliament" (Colloquium et Tractatus, &c.) meets at Westminster. The P. H., I 279, calls it also a Parliament, and says it did not sit to do business till Oct. 7, when all assembled in the White Hall, or Chamber of Westminster. The Lords Report, I, 323, seems to admit an error of date, in stating this Council to have been held 8 days before the F. of St. Michael, the Archangel ; which would be the 22. But the F. of St. Matthew being Sept. 21, and the Dominical Letter F, this Feast falls on Saturday, and the following Monday is the 23d. (/) Dugdale— Rep. App. IV, GOl. Ig) The King wished still to assume to the Crown, acting with the assistance of a Council, the power of making Laws of Regulation, such as the Ordinances in question ; and perhaps imagined the Commons would not question this power, as they had done his power of imposing charges without the assent of the Commons duly assembled in Parliament, according to the Stat., \b Edw. II. Though, however, such Ordinances, according to earlier practice, might have been deemed sufficiently sanctioned by the King's Order in Council, they suggested the propriety of giving them the force of a Law and Statute by the sanction of a Parliament, thus estabhshing the difference between an Ordinance and a Statute. The importance of the Commons was evidently increas- ing, and it docs not appear that the King afterwards assembled a Council similar to that of his 27th year, unless that at Winchester, in his t.^th, was of the same description. The Ordinances were not then acknowledged as Statutes, till confirmed by a subse- quent Parliament ; a complete acknowledgment, that the Constitution for legislative purposes was declared by the Stat. If) Edw. 2. Rolls 2S, Kdw. 3. Rep. 321-178. See P. H., I, 282, for Proceedings in tliis Parliament and the Petitions at length. (A) Tlie ground on whicli tlie l-onls claimed exemption for their Tenants seems to have been that they rei>rcseutcd those Tenants who were charged with .Vids by Grants ; and that the Kniglits were not their Representatives, and therefore could demand no wages from them. From an Entry in this Parliament, it appears, that holding by Barony, and by Knights service only, were considered distinct, and that a Writ of Summons to Parliament did not necessarily follow Tenure by Baiony. Rep. I. .325-6. 1S55. EDWARD III. 125 Writs are directed to the Archbishops and lf> Bishops, with the Chuise, to 24 Abbots, Uie Prior of St. John, the Duke of li.'uicaster, 7 Earls, 41 Barons, 10 of the Council, (including 4 IVIagistri,) 4 Servientes llegis, to all the Sheriffs, and the Warden, for 2 Barons ; also, to the Duke of Lancaster, or his Locum Tencns for the Dutchy, (as to the Sheriffs). This Parliament is ])rorogued to Monday after F. of St. Edmund, King and Martyr, (Nov. 23) and again to Wednesday, Nov. 25. Nov. 24. Mr. Walter de Marn}' declares the Cause of Sum- mons in the " Chambre de Peinte," chiefly relating to the Treaty of Peace. The Members are to give in their answers on Friday, on which day, they make a Grant, and pi'esent many Petitions, (i) A Convocation of the Province of Canterbury is ordered to St. Paul's, Monday after Feast of St. Martin (Nov. U), and at St. Peter's, York, for that Province, Monday, Morrow of St. Nicholas (Nov. 14). June 26. {Sunday after F. N. St. John Baptist) ^336. A Council (Colloquium et Tractatus) meets at West- 30' minster. One hundred and seventy Merchants are summoned from various places, {k) Jan. 27. {\b of St. Hilary.) A Council is held at \2b7. Westminster. ^•^^' One Person (Clericus) is summoned. (/) April 10. {Monday in Easter Week.) A " Parlia- ment," (Colloquium et Tractatus cum Prselatis, Mag- natibus et Proceribus,) meets at Westminster. Writs are issued to the Archbishops and 18 Bishops, with the Clause, to 24 Abbots, the Prior of St. John, ^ Pearls, 37 Barons, 15 of the Council (inchiding Magistri^; to all the Sheriffs and the Warden ; also to the Duke of Lancaster, or his Lieutenant for the Dutchy. Writs are also issued for a Convocation at St. Paul's, on the 24th April, (M. of St. George), and at St. Peter's, York. On) Feb. 5. {Monday after F. of Purification.) A " Par- 1368. liament," (Colloquium et Tractatus, &c.,) assembles at ^'^^' Westminster. Writs are directed to the Archbishops and 18 Bishops, with the Clause, 214 Abbots, Prior of St. John, to Edward, Prince of Wales, the Duke of Lancaster, 11 Earls, 50 Barons, 16 of the Council, and to the Sheriffs for 2 Knights " gladio cinctos," to all the Sheriffs, the Duke of Lancaster, or his Lieutenant, and to the Warden, (n) (t) Rolls 29, Edw. 3. Dugdale— Rep. App. IV, 603. See the P. H I. 287, for the Proceedings. (A) Rep. App. IV, 609. Prynne Brev. Pari. Red. 375, gives, a. 29, Edw. 2, the first Writ for Four Citizens from tlie City of London. (I) Rep. App. IV, 610. {m) On the great Statute Roll of 31 Edw. .3, is an Ordinance for the State of Ireland. The Ordinance refers to custom as constituting the Legislative Assembly in Parlia- ment, in Ireland, as the St. 15 Edw. 2, did to the Constitution of the Leg. Assembly in England. Kep. I, 326. Dugdale— Rep. App. IV, 611-613. The Feed., anno 13.57, mention a Fifteenth granted in this Parliament. {n) Dugdale. Rep. App. IV., 616. Prynne, B.P. R. The Indenture or Certifi- cate of the Election of Burgesses for Varmoutli, Jernemuth, is very minute and par- ticular, p. 274. Loniion elects only Two (376.) S4 126 EDWARD III. July 22. {Sunday after F. St. Margaret, V.) A Council, (Colloquium et Traetatus,) meets at Westminster. The Archbishop of Canterbury, C Bishops, G Abbots, the Prior of Chi-ist Church, Canterbury, the Prior of St. John, the Dean of Wells, 7 Earls, and 101 Barons and Members of Council and others, are summoned, (o) 1359. Jan. 21, {\b of St Hilary.) A Council is held at S3 ' Westminster. The SheritFs of London are directed to send various Merchants. Nov. 10. {Sunday before F. St. Martin.) A Council, (Consilium Prselatorum, Magnatum et Peritorum,) is held at Westminster. Writs are issued to the Archbishop of Canterbury, C Bishops, Prior of St. John of Jerusalem and St. Au^rustine, Canterbury, to 4 Abbots, 4 Earls and 1!) Barons, in the King's absence. Letters also issue for Convocations of Canterburv and York, (p) 1S60. March Q. {Monday before St. Gregory, Pope.) A Coun- cil, (Colloquium et Traetatus cum Magnatibus et aliis de Communitate,) meets at W^estminster. Writs are directed to the Sheriffs of 10 Counties, for 2 Knights, 2 Citizens and 2 Burgesses, and to the Sheriffs of London for 4 Citizens ; also, to 15 other Sheriffs, and the Duke of Lancaster, or his Lieutenant, to send before Commissioners appointed at AVorcester, Taunton, Lincoln, Leycester, 2 Knights, Citizens and Burgesses, on Wednesday before St. Cuthbert, (March 20) ; also, to 3 Bishops, 2 Abbots, 4 Barons, to attend at some of these places. (7) April 13. {M. of Clause of Easter.) A Council is held in the Cancellaria. Three (Conventual Priors are summoned. (»•) 1360. May \iS. {Friday, M. of Ascension.) A " Parliament" (Colloquium et Traetatus, cum Prwlatis, Magnatibus et Proceribus) meets at Westminster. Writs are sent to the Archbishops, 17 Bishops, and one Keeper of Spiritualities, with the Clause, to 22 Abbots, the Prior of St. John, 4 Earls, 20 Barons, to all the Slierifis, and the Warden; also, to the Duke of Lancaster or his Lieutenant, to cause to be elected Kniglits, Citizens, and Burgesses, (a) (o) Feed, sub anno. R. A. IV., 61G. (jo) Feed. 1359. Rep. Ap. IV., 618-619. The Writ to the Shoiiffti of London, for the first Council, employs the term " Prsemunicntes onincs et singulos Meriatores." Fa'd. III., P. I., 407. Prynne p. 232, gives Returns from some Counties for aParlia- raent held A. n. 33. (y) Fo-d. l.'iOO. Rep. App. IV., 619 to G22. This Council is called for an array of men on the threatened French invasion. A Writ, Pryinu', 107, tested, 3 d. April, at Westminster, (a. u. .31) directs the Sheriff' of Northunibciland to elect 2 Knights " gladiis cinctos." He answers there was but one in the county, who was sick and im- potent, therefore two others, " not Knights, girt with swords," are elected. In this year, the city of London again returns 4 Citizens. (r) Rep. App. IV., 622. (J) Dugdale. Rep. App. IV., 622. A Si EDWARD in. 127 Jan. 24. (Stmdm/ before F. Conversion of St. Paul.) ^^ei. A " Parliament" (Colloquium et Tractatus, &c.) is held 35' at Westminster. The Archbishops, and 17 Bishops, with the Clause, 24 Abbots, and the Prior of St. John, Edward Prince of Wales, the Duke of Lancaster, 11 Earls, 44 Barons, 13 of the Council, are sum. moued. Writs are also directed to all the Sheriffs, to the Duke of I-ancaster or his Lieutenant, and to the Warden. All Mem- bers summoned are to attend "personaliter," and on the first day (0 Jpril 5 and 11. (15 and 3 weeks of Easter.) A Coun- cil is held in the Caneellaria, at Westminster. Writs are directed to 4 Earls, 7 Countesses, 3 Baronesses, (sending? aliquem, vel aliquos, de quibus confidunt) to 30 Barons, 4 Abbots (including Osneye), 5 Conventual Priors, 12 of Council (six Magistri, one Pi'ebendary). {u) May 24. {Octaves of St. Trinity.) A Council meets at Westminster. Tea Wool INFerchants are summoned on the Staple. March \\. {Ft iday^ 2nd iveek in Le7it.) A Council '^^|' meets at Westminster to treat on the state of Ireland. S6 One Earl, 25 Barons, 3 Abbots, 5 Conventual Priors, 9 of Council (including 7 Wagistri), are summoned, together with the Countess of Norfolk and 6 other Countesses, and 3 Baronesses, who are required to send as many armed men as their state will admit, to go into Ireland, (v) Oct. 13 (15 of St. Michael.) A "Parliament," (Colloquium et Tractatus, &c.,) is held at Westminster. '\^'rits are issued to the Archbishops and 17 Bishops, and I Keeper of Spiritualities, with the Clause, to 22 Abbots, 2 Con- ventual Priors, the Prior of St. John, to the King's Son, John, Earl of Lancaster and Richmond, to 8 Earls, 29 Barons, 9 of the Council, to all the Sheriffs (not to the Duke of Lancaster), and to tlie Warden. The Statute passes " That all pleadings and judgements in the Courts of Westminster shall be, for the future, in English, whereas before they were wont to be in the French Language, ever since the time of the Conqueror. It is also ordained, that all Schoolmasters shall teach their Scholars to construe iu English, and not in French, as hitherto, " in order that (in the words of the Commons Petition), the Subject may understand the Law by which he holds what he haih, and is to understand what he doth." (0 Dugdale. Rep. App. IV.. C24. P. H. I., 290, gives the Proceedings. The Ar- ticles of Peace between the Kings of France and England, are communicated to the Parliament. (a) Feed. III. P. I. GOO. Rep. IV. 627. This Council is summoned on the State of Ireland, and all holding Lands in Ireland and others, are required to attend a " Col- loquium et Tractatus" thereupon. The Writ to Huml'rey, Earl of Northampton and others, says, " Jam tantce vastitalis et rles'ructioiiis misfrice subjicifur Terra Hy- bernicE, qiiod nisi Deus avertat, et ceU-rius succurratur eidem, ad totalem perditionem in proximo deducetur." The following Council, of;M:iy 24, is also on the authority of the Feed. 111. P. I. 617. (v) Feed. 13(52. Rep. App. IV., 629. 12S EDWARD III. Other Statutes are made for the redress of Matters in the Church, for observation of the Peace, for settling affairs in Scot- land, and enhancing the Price of Wool. The King confirms Magna Charta, for the Tenth time in his reign, and having reached the Fiftieth year of liis age, declares, he means to keep it as a Jubilee. The Parliament continues to Sunday, Dec. 13, when a Subsid}'^ is granted. Some of the Commons ai-e directed to remain to speak with the King after the departure of the rest. At the close of the Parliament the King creates his Son Lionel, Duke of Clarence, his Son John, (Earl of Lancaster), Duke of Lancaster, and his Son Edward, Earl of Cambridge. The Knights coming and staying attend 47 days, at 4s. per diem, (w) 1363. Oct. 6. {Friday, Octaves of St. Michael) A " Par- ^■^' liament" (Colloquium et Tractatus, u. a.) meets in the Chambre Blanche, at Westminster. Writs are addressed to the Archbishops and 18 Bishops, with the Clause, 215 Abbots, 2 Conventual Priors and the Prior of St. John, to the King's Son, John, Duke of Lancaster, 9 Earls, 40 Barons, 9 of the Council, (including 3 Magistri), to all the Sheriffs, (none for the Duchy) and to theAVarden. Sir H. Grene, Chief Justice, adjourns the meeting to Monday, Oct. 9, when Simon Langham, Bishop of Ely, Chancellor, de- clares, that the King is desirous to know the grievances of his subjects, that he ma}' redress, by their advice, any wrongs done to Holy Church, and reform all enormities, especially as to the manner of exhibiting Petitions in Parliament. The Commons give the King most humble Thanks for his great goodness, and humbly pray, that the King will enjoin the Archbishops and Clergy to put up prayers to Almighty God for the prosperity of his Majesty, in order to the peace and good government of the Land, and for the continuance of his Alajesty's good affections towards his Commons. The King demands of both Houses, whether they will have such Matters as tliey agreed on, by way of Ordinance, or Statute. They answer, "by way of Ordinance, that they may amend the same at their pleasure." This Parliament continues, by Prorogations, till Friday, Nov. 13. Or) 13C5. Jan, 20, Monday. {Octaves St. Hilary.) A "Parlia- ^•g* ment," (Colloquium et Tractatus, u. a.), is held at Westminster. (!(') Dugdalo. Rep. App. IV., C31. The language of the Entry of these Creations imports grants of mere Personal Honours. There existed no Duchy of Clarence, nor dill the King signify an intention to create such a Duchy. Lionel was not before even a Baron, nor was Edward. Rep. I. 3'2(). For the Proceedings of this Parliament, see P. 11. I., 292. The Rep. I., Sl'? says, "At the opening of this Parliament, the Chief Justice appears to have addressed the I,ords and Commons in English, and this practice was afterwards continued. The English Language had alwavs prevailed as tliat of the body of the pci:pli\ (hnugli the French had been used bv tluisc of liiglicr condition. The Frencli ]..ui;,'viagc still con- tinued in use in the Roils of Parliament and other Proceedings, notwitlistanding this Decl.iration of the King's will." A. R. :W. The Community of the Villa Scardeberg, Yorkshire, elect two Burgesses, "ut Attornati nostri pro nobis rcspondendi, &-c." Prvnne. 15. P. R. 28."). (x) RoUs37, E. 3. Dugdalc. Rep. App. 1V,G34. P. II. 1, 294. 40 EDWAllD I FT. 129 Writs are directed to the Archbishops, 16 Cisliops, one Vicar general and one Keeper of Bishoprick, with the Clause, to 23 Abl)ots, 2 Conventual Priors and the Prior of St. John, to X.\\e Duke «f Lancaster, 9 Earls, 40 Barons, G of the Council, to all the Sheriffs (none to the Duchy) and to the Warden. It is pro- claimed that all are to attend " Tomorrow " in the Chambre de Pe3'nte to hear the King's will. Bishop Langham, Lord Chancellor, opens the Parliament. Receivers and Tryers of Petitions, for England, Ireland, Wales, &c., and for Aquitain and other foreign Countries, are appointed. The Commons " demorantz en pees " in the said Chambre de Peynte, the King retires with the Prelates and Nobles, to the Chambre Blanche, and there specially explains what he had before generally addressed to them and the Commons. The Commons are then admitted and specially informed of the same, and their advice is asked. The King addresses the Assembly, " vivil voce," against the encroachments of the See of Rome ; on which subject a Statute is made. On Saturday, Feb. 18, an Aid is granted, and the King thank- ing the Lords and Commons, dismisses them, (y) Jan. 27. {Quindene of St. Hilary.) A Council is isgg. held at Westminster, (z) May 4. {Monday, Morrow of Invention of the Cross.) A "Parliament," (Colloquium et Tractatus, u. a.), as- sembles in the Great Hall at Westminster. Writs are issued to the Archbishops and 17 Bishops, with the Clause, 23 Abbots, the Prior of Coventry, (the Prior of Lewes bsing excused from all future attendance at Parliaments and Councils), the Prior of St. John, to the Duke of Lancaster, 10 Earls, 41 Barons, 8 of the Council and 6 Magistri, to all the Sheriffs (omitting the Duchy) and the Warden. The Bishop of Ely, (Langham) 1-ord Chancellor, declares the reasons why the Parliament is called. The Prelates and " granlz " are ordei'ed next morning to the Chambre Blanche, the Commons to the Chambre de Peinte. Receivers and Tryers of Petitions are nominated as usual. Each Estate is specially informed by the Chancellor, and their advice is asked. His INIajesty had lately received notice that the Pope, in con- sideration of the Homage which John, King of England, hr.d formerly paid to the See of Rome for his Realm of England i.nd Dominion of Ireland, and of the Tribute by him granted to the said See, intended by Process to cite his INIajesty to appear at his Court, at Avignon, to answer for his Defaults, &c., where- upon the King desii-es advice of his Parliament. The Bishops, Lords and Commons declare. That neither King John, nor any (y) Rolls 38, E. 3. Dugdale. Rep. App. IV., fi,3G, P. H. 1., 295. The Rep. I, 327, states, that in the 38 Edw. 3, the Commons prayed, that all the Tenants of Lords, as well within Franchises, of whatsoever condition they should be, as without, should be assessed to the charges of Knights who were summoned to the Parliament for profit of the Realm, as other Freeholders ; for otherwise, the remainder of the Commons would be very heavily charged. The King answered, " Let it be done as has formerly been done." This proceeding probably took place in the present Parliament, which summoned in the 38tli, extended to Feb. 4, in the 39th year. There is no other Parliament of this vear on Record. (X) Fted. 17 Dec. 13G5. 130 EDWARD III. other King, could bring himself, his Realm and People under such subjection, Avithout their assent ; and if it was done, it was without assent of Parliament, and contrary to his Coronation Oath, and that they would resist and withstand such a Claim to the utmost of their power. On Monday, May 11, the several Ordinances, &c., are recited, and the Assembly is dismissed, (a) 1368. May I, Monday. A "Parliament," {CoUoquiixm et 4.2* Tractatus, &c.,) assembles at Westminster. Writs of Summons for " the first of May," are sent to the Archbishops and 19 Bishops, with the Clause, to 23 Abbots, the Prior of Coventry, and oi St. John of Jerusalem, to Edward, Prince of Wales, John, Duke of Lancaster, Edmund, Earl of Cambridge and Earls, 41 Barons, 9 of the Council, to the Sheriffs and Warden, (omitting the Duchy of Lancaster.) The King thanks the Members present for coming the first day, but, as many are absent, the King's Prolocutor, the Arch- bishop of Canterbury, (Dr. Langham) adjourns the Parliament for Three days, to Thursday, May 4. At the time appointed, the Archbishop opens the Cause of their meeting. The Prelates and Grantz are ordered to go to the Chambre Blanche, the Com- mons to the "Petite Sale." Receivers and Tryers of Petitions are appointed. On Friday, 5th, the day following, being assembled as usual in the Painted Chamber, the offer of Peace fi'om David Bruce, King of Scotland, on condition of being discharged from Homage, is considered and rejected. A considerable Subsidy is then asked, and granted, (h) On the 21st, the King gives thanks to the Lords and Commons for their coming, and that day, all the Lords and divers of the Commons dine with his Majesty, (c) 1369. June ^i Sunday. {Octaves St. Trinity.) A "Parlia- ^43* ment," (Colloquium et Tractatus, &e.5) meets at West- minster. Writs are directed to the Archbishops and 17 Bishops, with the Clause, to 2.3 Abbots, the Prior of Coventry and St. John of Jerusalem, to the Duke of Lancaster, 10 Earls, 35 Barons, 9 of the Council, to all the Sheriffs and the Warden. The members being assembled in the Painted Chamber, Wil- liam of Wickham, Bishop of Winchester, Lord Chancellor, opens the Parliament. The King of England having given up the (a) Rolls 40, E.3. Dugdale. App. Rep. IV, fi38. The Pari. Hist. I, 207, dates tliis Parliament from tlie30thof March, which appears to be an error. No Writs of Summons tested in the 40th or 41st years, Edw. 3, are yet discovered. That Parliaments were held seems probable from" the Letters Patent in the App. to the Rolls, 40 Edw, 3, di- rected to the Bailiffs, "probis hominibus,ettoticommunitati" of the Town of Chcpyng Toriton, Devon, stating that " whereas they had shown to the King, that that Town ought not to be buit/iened to send any men to the King's Parliament, and had not sent bctiire the 24th year of the King, when th March, when the Lord Chancellor adjourned the meeting. The business of the intervening period is not specified, but, from the numerous Pleas, which always occur in the Parliaments of these days, there can be little ditficultv in filling up such interval. (/; Feed. 1371. Rip. App IV., 619. 132 EDWARD III. specified Knigbts, Citizens and Burgesses, who were at the last Parliament, and to save ilie trouble and expence of the rest, on certain matters connected with tlie last grant. AVrits are also sent to 4 Bishops, 4 Abbots, 7 Earls, and (i Barons. Certificates are jjroduced, " that the Number of Parishes in England, would not answer the Tax of .£50,000 granted in the last Parliament." Thereupon, the Lords and Commons grant ]06s. for each Parish, including the former grant, excepting the County of Chester, and the Possessions of the Church, amortized before the 20th Edward I., and taxed with the Clergy to the Tenth. The Commons petition, "For that it had been declared to the King in the late Parliament by all the Earls, Barons and Com- mons, that the Government had for a long time been managed by men of the Church, whereby many mischiefs and damages had happened in time heretofore to the Disherison of the Crown, * and to the great prejudice of the Kingdom, that it would there- fore please the King, that Laymen of sufficient abilities, and no others, might for the future be made Chancellor, Treasurer, Cleric of the Privy Seal, Barons of the Exchequer, Comptroller or other Great Officers and Governors of the Kingdom, &c.«Si;c." The King answers, " He would do what seemed best to him, by advice of his Council." {g) Oct. 6. {Octaves St. Michael.) A Council, (Collo- quium et Tractatus,) meets at Westminster, (On Irish affairs.) The Bishop of Waterford and Lysmore, the Dean of Dublin and three others, are summoned, (h) ]372. Oct. IS. {15 St. Michael.) A « Parliament," (Col- 46 ' loquium et Tractatus,) is held at Westminster. Writs are directed to the Archbishops and 17 Bishops, with the Clause, to 25 Abbots, (including Oseneye and Thorneye) the Prior of Coventr}' and St." John of Jerusalem, to 2 Earls, 17 Barons, to John de Cavendish, Chief Justice, to all the Sheriffs and the Warden. Parliament is prorogued to Nov. 3, M. of All Souls. Writs for the Prorogation, include Edward, Prince of Aqui- taine and Wales, John, King of Castille and Duke of Lancaster, the Earl of Cambridge, (the King's Sons) 6 other Earls, 18 other Barons. The Bishops of Durham and Carlisle, the Earl of Angus, and 4 Barons, are excused personal attendance on ac- count of the necessary defence of the JNIarches of Scotland. Bichard, only son of Edward, Duke of Aquitaine and Prince of Wales, (the Black Prince), is appointed Custos of the King- dom, (7 years old.) {g) Rolls 45 E.3. Dugdale. Rep. App. IV., 6.50. P. H. I. 307— where grounds are assigned for believing this to have been a Committee of the last Parliament. The grant made by it, in addition to the former grant, as ap))licable to each Parish, was submitted to without complaint. In the Letters Patent of 48 Edw. 3, it is stated, that the "Magnates, Proceres, et tota Communitas regni," granted from each Parish lOfo. The transactions of this Council .iiid of the i)reccding Parliament, are entered on the same Holl, and the members continued as if it was one and tlie same Assembly. Stowe has preserved the Assessments in each county, witli the number of the Parishes. Not long after the answer given to the Petition of the Commons, Sir Robert Tliorp, one of the Judges, was made Chancellor in the room of William of Wickhani.and Lord Scroop, of Bolton, Treasurer, in place of the liisliop of ICxcter. Karnes says, it was tlien enacted that, in future, the Chancellor, Treas\ucr and Keeper of the Privy Seal should be Lavmcn. (*) Feed. 1371. Rep. App. lY. G53. A. R. 47 EDWAUD III. 133 November 3, Wednesday. Parliament meets in the " Chambre Blanche." M. John Knyvet declares the Cause of Summons. The Com- mons depart for the day. The King, Prince, Prelates, Dukes, Earls, IJarons, and Bannerets, remain in the Chambre Blanche. Nov. 0, Saturday, M. Guy Brian more especially explains the business for which they are met, to the whole Assembly, in the Chambre Blanche j when a Subsidy is granted by the Prince, Prelates, Dukes, Earls, Barons and Commons, towards the War. iVor. 23. An additional Fifteenth having been granted by the Estates, the King thanks them for their Aid. The Peti- tions of the Commons are then read and answered. Amongst others, a Petition of the Commons is granted, "That, hence- forward, no Lawyer ' pursuant busoignes en la Court du Koi ' nor Sheriff while in office, shall be returned as a Knight of the Shire, nor those now so returned have any Wages ; but that Knights, ' Chivalers ' and Serjeants ' des meulz Vanes du paies ' shall be chosen in full County." Leave is then given to the Knights to depart, and sue their Writs for Expences ; but the Citizens and Burgesses are ordered to remain, and they are prevailed upon to grant a continuation for a year, of an Aid, granted in the former year, of certain Duties on Wines and Merchandize coming to the Kingdom, (i) November 2S. {M. of St. Edmund K.) A " Parlia- 1373. ment," (Colloquium et Tractatus, u. a.,) is held at Westminster. Writs issue to the Archbishops and 18 Bishops, Avith the Clause, to 25 Abbots, (with Oseneye and Thorneye), the 2 Priors, 6 Eai-ls, 33 Barons, to Edward, Prince of Wales, to J. de Caven- dish, Chief .Justice, and 6 of the Council, to all the Sheriffs, to send 2 Knights " gladiis cinctos, seu Armigeros, digniores et pro- biores, et in actibus armorum magis expertos et discretos, et 7ion alter'ms condicionis," and two Citizens and Burgesses " de dis- cretioribus et magis sufficientibus, qui in Navigio et in exercitio Mercandisarum notitiam habent meliorem," and to the Warden. The Commons meet in Westminster Hall, and are ordered to their " Hostieux," till the next day, when Parliament assembles in the Painted Chamber, and JNI. John Knyvet, Lord Chancel- lor, declares the Cause of Summons, the state of the War with France, and the necessity for a Supply. The Commons, bj' the King's command, consult apart, and are to return on the following day, so as to be near the grauntz in the Chambre Blanche, if they wish their advice. They ask such assistance, and certain Bishops and Lords are named to treat with them in the Chamberlain's Chamber. The Consulta- tion lasts till Tuesday, the Eve of St. Andrew, Nov. 29, on which day, the King, Bishops, Lords and Commons, being again assembled in the White Chamber, the Commons deliver a Schedule of the Aid granted, beginning, " The Lords and Com- (i) Dugdale. Rep. App. IV. C53-G55. See Rep. I. 328, for " Banerettes," said to be present in this Parliament. The Proceeding of the grant from tlie Commons is a proof of the loose ideas then prevailing on Taxation. It seems to have been conceived, that tlie Persons immedi- ately to be charged might grant an Aid of Duties chargeable, in the. first instance, on themselves, though the charge might ultimately affect the whole kingdom. The dis- missal of the Knights was in direct violation of the Stat. 1.5 Edw. 2, &c. I 134 EDWARD III. nions of England have granted to the King in this present Par- liament, a fifteenth, &c." These Subsidies are granted, on Proviso, that no other Charge should be laid upon the People for two years; that what was granted might be spent in main- taining the Wars, and that no Knights of Shires, or Esquires, Citizens or Burgesses returned for this Pai'liament, might be Collectors for this Tax. The Petitions of the Commons are then presented, and answers are given. The first of these, reqviires a Confirmation of the Great Charters. The Commons are told, that those who would attend and have answers to their Petitions, and sue their Writs for expences, may remain, and the others may depart. " Et issint depart! le Parlement." Writs, tested, Oct. 4, require the Archbishops to cite a Con- vocation of their respective Provinces at St. Paul's and St. Peter's, at the earliest da}^, for a Competent Aid. (k) me. ii February 12." A "Parliament," (Colloquium et 'so' Tractatus, &c.,) is summoned to Westminster. Writs are directed to the Archbishops and 19 Bishops, with the Clause, to 23 Abbots, the 2 Priors, to Edward, Prince of Wales, to John, King of Castille and Leon, and Duke of Lan- caster, to the Earl of Cambridge and 8 J'-arls, 39 Barons, to Cavendish, Chief Justice and 8 of the Council, to all the Sheriffs, for Knights " cinctos gladiis," &c., to the Warden, and to the Sheriff of Bristol to send 2 Burgesses. The Parliament is prorogued to Monday after the F. of St. George, (April 23.) (0 April 28. Some Sheriff's not having returned their Briefs, and some Prelates, Nobles, Knights, Citizens and Burgesses not being arrived, the meeting is adjourned to the following moi-n- ing (29th) at Eight o'clock, when the Prelates, Dukes, Earls, Earons, Knights and Commons, Justices, Serjeants, &c., meet in the Painted Chamber, before the King. M. John Knyvet, Chivaler, Lord Chancellor, opens the Sessions, by declaring the Cause of Summons. The Prelates and Lords are then desired to consult hy themselves, and the Commons by themselves. The Commons retire to their ivonted Place, the Chapter House of the Abbey. A Committee of Lords is named to assist and advise (k) Rolls 47, E.3. Ffpd. 1373. Dugdalc. Rep. App. 1 V., 659-GG2. The importance of the Commons had now the effect ol'introdiieing an inaccuracy of I^anguagc on the KoUs, as well as in common transactions. The Legislative Assembly in the King's Parliament was frequently spoken of, and considered as the Parliament ; and this h.iViit increased as that business which had been the ordinary business of the early Parlia- ments, acting in the Character of a mere Council of the Crown and Court of Justice, decreased. Rep. I. 329. " The mcining of " issint departi le Parlement," was that the Commons were dismissed, as the Parliament might remain for all the purposes for whicli the presence of the Commons was not deemed necessary." " The distinct Assembly of the Clergy of one Province was not uncommon. The Privileges insisted upon by the Clergy under the sanction of the Pope, probably ren- dered distinct drnnts by the Clergy necessary, but they, in a degree, militated against the t'onstitutional Principle declared by the Stat. 15, Kdw. 2, wliich does not appear to have been always fully acted upon." (/) Dugdale. Rep. App. 1 \', liiyi-GC."). P. H. I., 318. This is the (irsf Special Writ to the Sheriffs of Rrislol. In the last Parliament, the Rurgesses of Rristol had re- quired that the said Town, with the Suburbs thereof might be a County of itself, with other matters. Which the King grants. See tliis Parliament noticed, l-'oed. 1377. T. R. 18 Feb., A. it. 57. I)ugdale"s Writs, say it was called for Monday after F. of St. Gregory, (March Vi^ which would be Marcli 17 ; but the Lords' Reporters liavc probably examined the Originals. EDWARD III. 135 with them. After lUie Consultation, the whole assembly unani- mously agree upon a Grant for a Subsidy. The Commons petition that llichard de Bordeaux, son of tlie late Prince of Wales and Heir to the Throne, may come before Farliament, that they may see and pay him due honour. He is presented on Tuesday, the Morrow of St. John. The Commons pray that he may be created Prince of Wales. Tliey are answer- ed, that it does not belong to the Prelates or Lords so to do, but to the King, and they promise their mediation with the King, to this effect. The Commons recommend an augmentation of the King's Council, to be continually near the King, to which, under certain Provisos, the King agrees, (m) The Commons, farther, protest against the conduct of tlie King's Ministers. They also pray, " That Justices of the Peace may be named in every County by the Lords and Knights of the said County, in Parliament, and sworn before the King's Council, and not be removed without consent of Parliament, and that they may be allowed Wages." It is agreed, that " they shall be named by the King and his continual Council, and, as to wages, the King will consider of it." (n) / The Commons pray that the King will please to establish by ^ Statute, that evert/ year there may be held a Parliament "de faire corrections en Roialme des Erreurs et Fau.rtees, si nitls y soient trojivez ;" that the Knights of Counties shall be elected by Common Election " de les Meilleurs gentz " of the same Counties, and not certified by the Sheriff alone, witliout due election, under a certain penalty, and that, in the same manner, the Sheriifs of the Counties shall be elected from year to year. " The King wills that they shall be elected by common assent of all the County." (o) April 21. (15 of Easter.) A Council is summoned to 1376. Westminster. Writs are issued to the " Gubernator et Gustos " of Ireland, and to 2 Barons of the Irish Exchequer, on the Reformation of the State of Ireland. A Convocation of the Clergy of the Provinces of York and Canterbur}', is ordered, at the earliest possible day, by Writs to the Archbishops, for a competent Aid. (;;) June 7. {Saturday after June 4.) A " Parliament" meets at Westminster. Philip de Courtenay, Admiral of the Fleet, " Persona Ecclesice de Hakeneye," and another, are summoned, {q) (m) It appears that this measure was adopted. " since the King, through age and weakness, was unable to govern." See Kennet in Daniel, p. 232. (n) Several impeachments and dismissals take place in consequence of this Petition of the Commons. P. H. I., 321. (o) Rolls, 50 Ed. 3. Hep. I. 329. "The King's answer seems to import, that all the Freeholders of the County, Suitors to the County Court, where the Elections ought to have been made, should be the Electors. The grievance, probably, ai)plied to the arbitrary conduct of some Sheriffs. It is remarkable that no statute to this effect ap- pears in any of the printed collections, though it seems to have been the first Declara- tion in Parliament by what assent the Knights of Shires should be chosen." (p) Kep. App. IV., 667, GG8. Feed. 1.376. Iq) Rep. App. IV., 6G8. The Chief Justice of Ireland and the Archbishop of Dub- lin, Chancellor of Ireland, are directed, by a Writ, to lew on the Counties, Cities and Boroughs, reasonable expences for those who attended the King's Council, coming and returning. Anotlier Writ commands the Mayor and Bailiffs of the Citv of Cork, to "compel '■ those, who refuse to pay the reasonable e.xpences of a Citizen of Cork, lately elected and sent to the Council. (GGy.) l^itU, 1376. A. R.. 50 136 EDWARD III. '377. Jan. 27. (15 o/" St. Hilary, and Tuesday after Con- 51* version of St. Paid.) A "Parliament" (Colloquium et of Fr- Tractatus, cum Prselatis, Magnatibus, et Proceribus) meets at Westminster. Writs are addressed to the Archbishops and 17 Bishops, with the Clause, to 21 Abbots, the two Priors, to Richard, Prince of Wales (Duke of Cornwall and Earl of Chester), to John, King of Castille, and Lionel, Duke of Lancaster, Edmund, Earl of Cambridge, (the King's sons) to eight Earls, Thomas de Wode- stok, " Constabulario Angliae," Henry de Percy, "Marescallo An- glise," to 34 Barons and " Chivalers," to JNIichael de la Pole, Admiral of the North Fleet, to all the Sheriffs for two Knights "gladiis cinctos," &c., to the Sheriff' of Bristol, to John de Cavendish, Chief Justice, and nine Judges and others of the Council, and to the Warden of the Cinque Ports, (r) Parliament meets in the Painted Chamber, in the presence of Richard, Prince of Wales, (ten years of age,) as Commissioner, who occupies the King's Seat. Dr. Houghton, Bishop of St. Davy, liOrd Chancellor, pro- rogues the meeting to the next daA', and then opens the session in a long harangue. RL Rob. de Asshton, Chamberlain of the King, next enlarges upon the various usurpations of the Pope. The Commons are desired to repair to the Chapter House, to treat on the Safety of the Kingdom, and how money may be most speedily raised with the least grievance of the People. Certain Lords are also appointed, from time to time, to confer Avith the Commons, for their better direction and information. After con- sultation, the Lords and Commons grant four-pence, by way of Poll, from every person of the Kingdom, male and female, above fourteen years of age, except mere beggars. They humbly prary to be excused, " that they were not able at present to pay more." Feb. 23, Monday. The Commons present many Petitions, and are dismissed. Among many other matters, they pray, "That Statutes, made in Parliament, may not be annulled, ex- cept by common assent in Parliament." It is answered, they cannot be otherwise repealed. Also, "that in time to come, no Common Aid or Charge be made, unless by common assent of the Prelates, &c., in full Parliament." The King answers, he is not willing at all to lay a charge upon the People without the Commons assent, except under great necessity, and for the defence of the Realm, and where he may do it with reason." («) Another Petition states, " For, that, of common riglit of every County of the Kingdom, there are and should be elected. Two Persons, to be at the Parliament, for the Community of the said Counties, save for Prelates, Dukes, Earls, Barons and such as hold by Barony, " et queux sont et serront somonez par brief de venir a Parlement" except (' fors pris ') Cities and Boroughs, which ought to elect for themselves such as should answer for them ; which persons, elected by the Commons of the said Counties, have their accustomed expences for the time of their stay, and, for that, have a writ to the Sheriff to levy the (>•) Dugdalc. Rep. App. IV, GC9. The Abbot of Evesham, tliought exempt by Letters Patent from personal attendance at all rarliaments, is rcqucsteil to be piescnt at this. L.c. (572. (,*) Pari. H. 1,328. EDM^ARl) iir. 137 amount. That it please the King to ordain in tliis Parliament, that such expcnccs he levied of all the Commons of the said Counties, as well within Franchises as without, except " fors pris" the Franchises of the Cities and Boroughs, and except of those who come also to Parliament by writ of Summons, and of their Tenants, who hold in Bondage." The answer is, " Soit fait come devant ad este use en ce Cas." (t) Another Petition of tlie Connnons is, " That no Statute nor Ordinance shall he granted at tiie Petition of the Clergy, if not by assent of the Commons ; and that the Commons shall not be bound by any Constitutions which the Clergy make for their own advantage, without assent of the Commons: for the Clergy ■will not be bound hy any of the King's Statutes, or Ordinances, made without their assent." It is answered, " Soit ceste niatir declaree en especial." A Convocation of the Clergy of the Provinces of Canterbury and York is summoned to St. Paul's, Lon- don, and St. Peter's York, at the earliest possible day. Writs are addressed to the Archbishops. ^^ Feb. 16." A Council is held at Westminster. Edmund de Arundell is summoned. (?<) (,t) RollsSlEd. 3. This Petition and answer resembled those in the 28th and 38th Edw. 3. From all these, it should seem that the wages of the Knights had not been loviodof those who were summoned by writ, or of their Tenants who held in Bondage. The two first Petitions aimed at charging all the Tenants of persons so summoned, the latter excepted tlieir Bond Tenants, who seem to have been considered, by the Lords, as Tenants of their respective Demesnes. In all these cases, the answer refers to usage. , The AVrit to the Shcnfls, 2 Edw. 3, commands, that " from the Community of the County, as well within liberties as without, certain expences should be paid." For the Citizens and Burgesses, from the Community of the City or Borough. Neither Writ -sptefying more clearly from whom the Expences were to be levied. This, in Cities and Boroughs, probably depended on Custom according to their different Constitutions ; and as it was reasonablf that those ivho had tho right of Election should pay the ex- pences, that right possibly generally produced the Custom. (Rep I., 330). See, also, on the " Common Right", asserted in the Petition." It seems manifest that the Constitution of the Legislative Assembly of the Country had undergone a change between the time of .John, and the .Tlst Edw. 3 ; and that the change had taken place so long before the 51st, as to create what might be called a Custom. The custom by which Kniglits of the Shires formed a part of the Legislature, was in effect declared and established as a Custom by the Stat. 15, Edw. 2. All the Tenants in Chief had no longer a right to demand Summons to Parliament. Either by law or practice, two persons elected by each County had been substituted for those Tenants in Chief, who had not Special Writs ; such persons, at length, were elected by all the Freeholders of the County, ■whether holding in Chief of the Crown or of others, for the Commons would not charge with the expences those who had no voice in the Election of such Representa- tives. By the Tenants in Bondage were probably meant Copyhold Tenants, and such others, perhaps, as were not Freeholders. (331). It seems from the Petition, that the Commons considered that holding by Barony alone, exempted no one from the Charge, unless he was also Summoned to Parliament by Writ. Many probably held by Barony who were not Summoned. (331). It is extraordinary that tlie Statute, \b Edw. 2, was never noticed in any of these proceedings. See Rep. I. 333, for the distinction of the Two Legislative Assemblies : one Spiritual, and the other Temporal, and the power of the Prelates as Members of both. («) Rep. App. IV, 671-672. Prynne, B. P. R., p. 19, says 19 new Boroughs were Summoned in this Reign, besides 2 other.s, which made no election. 13S RICHARD II. RICHARD II. (June 22, 1377-) l^'l October 13. {Tuesday, 15 St. MicJiael.) A Parlia- 1 ment, (Colloquium et Tractatus cum Praelatis, Magna- tibus et Proceribus,) meets at Westminster. AVritsai-e issued to the Archbishops and 19 Bishops, (with the Clause,) to 24 Abbots, includinjT tlie Abbot of St. John of Jeru- salem in England, tlie Prior of Coventry, to John, King of Castille and Leon, and Duke of Lancaster, (the King's L^ncle), to 12 Earls, 47 Barons, to all the Sheritfs, for Knights, " gladiis cinctos," &.C., to the Duke of Lancaster, or his Lieutenant for the Duchy, to the SherifFof Bristol for 2 Burgesses, to the Chief Justice, and 11 of the Council, to the Constable of Dover and Warden of the Cinque Ports, (y) The Assembly meets first in the " Chambre blankg " of the Palace at Westminster, and afterwards in the " Chambre de Peintee." The Archbishop of Canterbury declares the cause of Summons. Receivers and Tryers of Petitions are appointed for England, Ireland, Wales and Scotland, I'or Gascony, " et autres Terres el Pays de la ]\Ier et des Isles." Sixty-nine Petitions are pre- sented " par les Communites;" 14 from the Clergy, 9 from the City of London, and many others. The Commons being desii-ed to consult together, and advise how the necessary expences may be borne with the greatest ease to the People, &c., pray the King, " That for the great im- portance of the charge given them (' pur I'arduite de lour charges ') and for the weakness of their abilities, (' le feoblesce de lour Pouairs et Sens,') he will be pleased to let certain Pre- lates and Lords be joined with them in consultation, which is granted, and they name the King of Castille and Leon, Duke of Lancaster, whom tiiey choose " as their Chief Aid, ' Conforteur,' and Counsellor in this Parliament ;" 4 Bishops, 4 Earls, and 4 Barons, accordingly. JM. Peter de la Mare, Chivaler, Knight of the Shii-e for Here- ford, having "la Parole de par la Communite" in their name proposes several Ilegulations in the Government, and makes many requests ; among others, that eight sufficient persons may be appointed as Counsellors to be always with the King ; that what was ordained in Parliament shall not be repealed without Parliament. The Prelatesand Lords answer, that they will advise together, commanding the Commons, in the mean time, to go to their place, and to return on Thursday : when the Lords and Commons make a grant of Two Fifteenths and Two Tenths for two years. (f) Rolls of Pari. 111,23. Dugdal . Hep. .^pp. 1 V, 673. P. H. 1,335. RjciiAiiD ir. 139 Dec. 22. Alice Ferrers is brouglit before Parliament and ex- amined. Among many Petitions (as above), the Commons first pray that the Franchises and Liberties of the Holy Cluirch may be confirmed as tliey ought to be : That the Charters beconiirmed, and that Oiiioers and Counsellors, the Chancrllor, Treasurer, is.c., shall be made and provided by Parliament : Also, " That, whereas many are delayed in the K'nitjs Court of their demands, because it is alleged that the Petitions ought not to be answered without the King, and many are thus agyrieved by the King's Officers against Right, from ivhich grievance recovery cannot be had but by common Parliament, it is prayed that the King ivill hold a Par- liament once a year in a convenient ])lace, and that in such Parliament the Suits which have been delayed, and the Pleas or Causes on which the Jndgcs differ in opinion, shall be recorded and ended; and in like manner, the Bills be terminated, which are delivered in Parliament, as Ileason and Law require." It is answered, *' Let the Statutes be kept as to the meeting of Parliament ; and as to the place, the King will do his will. "With regard to the Pleas on which the Judges ditfer, let the Statutes already made be ol-served." The Connnons petition farther, that the accustomed wages to Members of Parliament for the Commons, may be levied of eveiy manner of ))erson, within Franchises and without, having Lay Fee within the same County ; and that no perron having l^ay Fee within the County shall he exempted ; but that accord- ing to the value of his Tenure, he shall be contributory to such Wages, and also to the Taxes already granted, so that the Poor Men of the People might be supported by the Lords (les Seigneurs) and others, who to that time had not paid to the Taxes. It is answered that those Lords will not depart from their ancient Liberty and Franchise. The Parliament sits from llith October to 28th November, (forty-seven days,) when the Commons are dismissed, Imt the Prelates and Lords continue to sit through the month of Decem- ber, (w) October 20. {JVednesday after St Luke, Evangelist.) 1378. A Parliament, (Colloquium et Iractatus, &c.) is held at ^'^' Gloucester. Writs are issued to the Archbishops and 19 Bishops, with the Clause, to 23 Abbots, the Prior of Coventry and St. John of Jerusalem, to the King of Castille and Leon, Duke of Lancaster, the Earl of Cambridge, Duke of Britany and Earl of llichmond, the Earl of Buckingham, Constable of England, and 1 1 other Earls, 47 Barons and "Chivalers:" To all the Sheritfs for (to) " Before the accession of Richard 2, a spirit of independence had been gradually rising amongst the body of the People. Their power and importance had risen in consequence of the sub-division of property. Various causes, and amongst others the Expences of the Wars, under Edw. 3, which had compelled him frequently to have recourse to his People for pecuniary aid, had at length given to the Legislative As- sembly and particularly to the Commons assembled in Parliament, a portion of that power which in time produced the present Constitutional System." (Kep. 1, .3.'5:)-G.) From the last Petition of the Commons, it appears, that the Lords not only claimed for themselves and their Tenants, an e.\emption from payment of wage^ to the Knights elected for the several Shires, whom they considered as not representing their Tenants, but also, perhaps, evaded the payment of some public Taxes. The Petition did not apparently seek to chaige the Clergy e.\cept in respect to their I^ay Fees, the rest of their Possessions being wholly free from any charges which were not the result of their own voluntary separate gift in Convocation. (.R. 31G.) l^O EICHARD II. Knights, "gladiis cinclos," &c., to the King ofCastille, &c., for the Duchy, to the IShei-iff of Bristol for two Burgesses, to the Sheriffs of liondon for four Citizens, to Joiin de Cavendish, Chief Justice, and Ki of the Council, to the Chief Justice " de Com- niuni Banco," and four others, and three Servientes Regis. The meeting is adjourned to the next day, and the Commons are ordered to return to their " Hosteux," and to come very earl}'. Oct. 21, Thursday. The King and his three Uncles of Spain, Canterhury and Bucks, the 2 ^Vrchbishojjs, the Earl of March and nearly all the Bishops and Earls who could " travailler," the Abbots, Priors, Barons and "Baneretts," Justices and Serje- ants, meet in the Great Hall of the Abbey of St. Peter. They send for the Knights of Shires, the Barons of the Cinque Ports, and the Citizens and Burgesses. The Bishop of St. Davj', Chancellor, " qu' avoit les Parols," opens the Sessions. He states first, that the Parliament was summoned for the honour and reverence of God and of Holy Church : Secondly, " pur ce que autre foitz a la priere des Seigneurs et Communites estoit ordeignez et assentiez que Parlement seroit tenuz chascun an." To the Commons, is assigned the House called the Chapitre, in the great Cloister of the Abbey. The}' are commanded to return the next morning, at Eight o'clock, lleceivei's and Tryers of Petitions are appointed. Oct. 22, Friday. The Assembly meets at 8 o'clock, a. m., when M. le Scrop more particularly exposes the Cause of their meeting. The Commons present M. James de Pekeryng, Chivaler, as having "la Parole pour la Communite." He j-equests, in their name, " That five or six Prelates and Lords may come to the Commons to treat with them about the Charge." The Lords answer, " They neither ought, nor will do it in that manner, which had never been but in the three last Parliaments; for the custom was for the Lords to choose a small number of six or ten, and the Commons as many of themselves, to treat together without noise ; and then report what they had done to their Companions ; and according to this method, the Lords will act, and no otherwise." To this the Commons assent. The Commons request, " that the King will please to shew them how and in what manner the great sums given for the War have been expended." It is answered, that though there never was yet any account given of Subsidies, or any other Grants made in, or out of Parliament, to the Commons, or any other but to the King and his Officers, yet the King wills and commands of his own motion, to please the Commons (not that it was right for him so to do, or that he was obliged to it, only by reason of their request now made), that some of his Council shall clearly shew them the Receipts and Expences, so as it shall not be drawn into an example for the future." The Com- mons having examined the Enrolment, are well satisfied with the account "as being honourable for the King and Kingdom." They then agree to a Grant, and present many Petitions and Requests. They, first, petition for the Liberties and Privileges of Holy Church. They pray, farther, that the Wages of the Knights for the RICHARD II. 141 County of Kent may be paid as other Knij^hts throughout the kingdom, by the Communities of the said County, and not as lieretofore by the Knights' Fees only, seeing that it is ordained to hold more frequent Parliainents than hitherto, which will be to the great charge of the Tenants of such Fees, if they should not have aid as prayed. " Soit use come avant ces heures ad este." (r) March ... A Convocation of tlie Clergy of the two ^^'^^' Provinces is ordered at St. Paul's, London, and St. *"2^' Peter's, York, for a sufficient Aid. April 25. {Monday, \b of Easter.) A " Parliament," (Colloquium et Tractatus, &c.,) meets at Westminster. \\ rits are issued to the Archbishops and 19 Bishops, with the Clause, to 23 Abbots, the 2 Priors, to the King of Castillo and Leon and Duke of Lancaster, Earl of Cambridge, Earl of Bucks, Constable of England, John, Duke of Britanny and Earl of Richmond, 1 1 Earls, 47 Barons, including 3 " Chivalers," to all the Sheritisfor Knights, " gladiis cinctos," to the Duke of Lan- caster, &c., the Sheritis of Bristol and London, to the Chief Justice and 11 of Council, and the Warden, (y) JNI. 11. le Scrope, Knight, Lord Chancellor, opens the Parlia- ment, stating the necessities of the nation, and desiring the Lords and Commons to provide accordingly. They take these matters into consideration, and besides other Subsidies, grant a Foil Tax to be paid by persons of both sexes, and of different ranks. Estates and degrees in the Kingdom. (^) The Commons Complain, "that the Knights of the Shires do not receive their full wages, as assessed on evei-y Town in each County ; that some Towns hold of the King and will pay nothing, though, their Tenure is not of ancient Demesne of the Crown ; and that some Towns, within Franchises, and which belong to Peers of the Realm, who hold by Barony, will pay nothing, because their Lords are in the Parliament for themselves and their men in proper person; and that they apply the words " Their iNIen " so largely, that although a Lord has in one Town only 4 or 5 Bondmen and 100 or 200 who hold freely, or by Court Roll, yet they will not contribute to the expences of the Knights." It is answered, " Let that be done which has been formerly accustomed." (a) {x) Rolls of Pari. 2 Rich. 2, III. 1378. Dugdale. Rep. App. IV, G76. Some doubt seems to have existed whether this was the Second or Third Parliament Rich. 2. The Pari. Hist. I, 349 says, " Dr. Brady and Mr. Tyrrel have misplaced this Parliament at Gloucester, making it the Second of this Reign, whereas the Statute Book and Sir Robt. Cotton, make it the third ;" and such this History makes it. But the Rolls place it before the Parliament held at Easter, and the Writs in the Report, gives it the same position. This Petition tends to support the opinion that the Knights were originally considered as representing onlythe 'I'cnantsby Military Service, and that these were the only persons intended by the Charter of John to have been summoned to a Common Council of the Kingdom, with the Earls and " Majores Barones," for assessing extra- ordinary Aids and Scutage &c. It seems also to prove that, in the 2d Rich. 2, all the Freeholders of the County voted for the Election of the Knights, as there would have been no just ground for the Complaint, if the Freehold Tenants of Lands holden by Knights' Service had alone voted. These Petitions shew that there existed great doubt as to the principle, and that usage alone had produced this part of the Constitution of the Legislative Assemblies. If any Law had existed, that Law and not usage, would have been referred to. Rep. I, 33S. (y) Rolls of P. Ill, Rich. 2. Dugdale. Rep. App. IV, 679. P. 11. I. 344. (z) Pari. H. I, 344, wliere see the Sums to be paid by all according to their different conditions. (a) Not only the Towns of the King's ancient Demesne, but all Towns which held 142 RICHARD II. The Commons farther pray, " That their Petitions may be answered before their departure, and that a Statute may be made to that eifect, to be observed ever after." (b) 1380. Januanj \Q. (Monday after St. Hilary.) A " Par- 's*' Hament," (Colloquium et Tractatus, &c.,) "meets at Westminster. Writs are directed to the Archbishops and 19 Bishops, with the Clause, 22 xVbbots, the 2 Priors, the King of Castille, &c., 13 Earls, 47 Barons (including 3 Chivalers), to the Sheriffs for Knights "gladiis cinctos " &;c., to the Duke of Lancaster, &c., to the Sheriffs of Bristol and London, to the Chief Justice, 11 of the Council and to the Warden, (c) Jan. 17. (Tuesday.) Parliament assembles in the "Chambre de Peintee,'' where the names of the Knights, Citizens, and Burgesses, are called over. IM. Richard le Strop, Chivaler and Chancellor, then declares the Cause of the Summons. Receivers and Tryers of Petitions are then appointed, and the Commons adjourn to their Place, and choose as their Speaker, Sir John Gildesburgh. They agree to a Subsidy, and " pray the King, that there may not be another Parliament called to charge his poor Commons, till a year after that time." (^d) The King and both Houses having resolved to enlarge the powers of the Justices of the Peace, the Prelates and Clergy, in Convocation, expressly protest against it, " That it had not, and should not pass with their consents." The King answers, " That he would not forbear, for their protestations, to make his Justices as he Avas wont, and by his Coronation oath was obliged to do." jNIany Petitions are as usual, presented " to the King and Council in Parliament." (e) Simon Sudbury, Archbishop of Canterbui'y, is appointed Chancellor, (fj ofth'- King claimed exemption, as the Knights were not their Representatives. If all Towns which held of the King sent tlieir own Representatives, it would have been inireasonable to charge them with the wages of the Knights also, unless the Freeholders in these Towns had had votes in the Election ofsuch Knights. The varying language of the difterent applications of the Commons, under Edw. 3, and Rich. 2, demonstrate that the Commons had no clear conception of any principles on which Representation was first instituted, in whom the right of electing Representatives of Comities was vested, or who ought to be charged with tlie Wages, and on what grounds. The Towns mentioned may have been only Market Towns, or Villages, wliicli did not send Repre- sentatives. The Cities and ISoroughs which did send seem to have been before ex- cepted. It appears, tliat the Lords who held by Barony, and were summoned to Parliament, clanned to represent all their Tenants, as well their Bondmen as their Freehold and Copyhold Tenants ; and that, even at this time, Teinirc Avas insisted upon as the foundation of Representation in Parliament, Ac. Tlic Commons seem to have considered the Knights of the Shires as representing all the Freemen of their Shires, and, therefore, to have conceived that all who had lands, ought to he contri- butory to the wages of the Knights, including those who held by copy of Court Roll, thougli it does not appear that such Tenants ever voted in the election of Knights of the Sliircs. Under such ditlerent claims and opinions, usage alone could decide the question. Rep. I. 33fi-7. {b) Rolls of Pari. 111. Rich. 2, No. 17, sub anno. (ri Rolls 111. a. 3. Dugdale. Rep. App. IV.-C82. (rf) P. 11. I., 3.57. (e) P. H. I., 357-8. The observation of Tyrrel on this proceeding of the Clergy is, that, "when assembled in Convocation, they were not then looked upon as a tlistinct Estate in Parliament, as some, without any just grounds, have supposed." The Rolls III. 85. contain an answer to a Petition on the subject of Iris/i ./Absen- teeism, which is worthy of notice. (/) The Pari. 11. 1., .'i.'is, says, this .ippointment of the Archbishop was then looked upon as a dt gradation to his dignity. RICHARD II. 143 A Convocation of the Clerajy of the Two Provinces, the " Suffraj^aiis, Deans and Priors of Cathe- dral Cliurches, Abbots and Priors and others, "Electivos," exempt and not exempt, also Archdeacons, Chapters, Convents and Colleges, and the whole Clergy of the Diocese," is commanded for the earliest day, at St Paul's, London, and St. Peter's, York, [g) November IS. {Monday after All Saints.) A " Parlia- '^^^'^■ ment," (Colloquium et Tractatus,) assembles at North- \ ' ampton. Writs are issued to the Ai-chbishops and 19 Bishops, with tlie Clause, to 25 Abbots, the 2 Priors, the King of Caslille, &c., to 10 Earls, 35 Barons and 1 Cliivaler, to the Sheriff's as before, to the Dulve of Lancaster, &c., "proDucatu," to the Sheriffs of Bristol and London, to the Chief Justice and 9 Judges and others of the Council, to 2 Servientes Regis, and to the Warden. (//) The Assembly meets in a Chamber of the Priory of St. Andrew. But " the roads being impassable from continual rain, ".many were not arrived, and an adjournment takes place to the following Thursday, Nov. 8. The Commons, in the mean time, are ordered to go " a leur Hostielx pour lour aisir." On Thursday, the Chancellor opens the Session, lleceivers and Tryers are named, and the Commons are afterwards sent to consult together in a separate Chamber of the Priory. Sir John Gildersburgh (M. John Gildersburgh, Chivaler), " quavoit la Parole par le Comune " declares the Commons to be very poor, and the present demands are " outrageous and insupportable," he prays that the Prelates and Lords will treat by themselves, and propound the ivays by which a reasonable Sum may be levied and collected. The Lords consult, and when agreed, order the Commons to come before them, and declare what they had resolved upon. After long consultation, the Commons propose, that if the Clergy, who occupy one Third of the Kingdom, will support one Third of the Charge, they will grant £100,000, so that the Laity shall be charged at 100,000 "jMarks, and the Clergy who possess a third part of the Kingdom, at 50,000. The Clergy answer, " That their Grant was never made in Parlia- ment, nor ought to be so ; and that the Laity ought not, nor could bind the Clergy, and the Clergy ought not, nor could, bind the Laity ; but, that it seemed to' them', if any ought to be free, it should be rather the Clergy than the Laity. They pray that the Liberty of Hol}^ Church may be saved to them entirely-, and that the Commons shall do what they ought on their part, and they will certainly do the same." The Commons then grant a Poll Tax on all the Laity, " very Beggars excepted." The Commons farther pray, " That the County of Chester, the Bishoprick of DurhaJii and the Cinque Ports, and all other " Semblables" Places in the Kingdom, which are not comprised in the Common Taxes, may, amongst themselves, be charged according to their possessions, in aid for the defence of themselves, (g) Rep. App. IV., C85. (A) Rolls III, 4 R. 2. Dugdale, Rep. App. IV, 686. 144 RICHARD II. and "de nous," as Reason requires. " The King assents to the Charge for the Cinque Ports, and as to Chester and Durham, will do what he can, saving their Franchises." (>) 1381. Sept. W. {Monday after Exaltation of the Cross.) '^' A "Parliament," (Colloquium et Tractatus,) is sum- moned to Westminster. Writs are issued to the Archbishops and 18 Bishops, and I Keeper of the Spiritualities, with the Clause, to 24 Abbots, the Prior of Coventry, to the King of Castille, &c., 10 Earls, 4G Barons and 1 Chivaler, to all the Sheriffs, as before, to the Duke of Lancaster " vel ejus Cancellario," to the Sheriffs of Bristol and London, to the Chief Justice, 7 of tlie Council and 4 Servi- entes Regis, and to the Warden. (Jc) This meeting is prorogued to Nov. 3. (Sundat/, Morrow of All Soiih,) in the " Chambi'e de Peintee," when W. Courtney, Bishop of London, Archbishop of Canterbury, Elect, Lord Chancellor of England, this day being Sunday, adjourns the Parliament to the following Monday, Nov. 4, and again to Wednesday and Saturda3', Nov. 9. On this last day, the names of the Commons are called over in the White Chamber, the Chancellor opens the Session. Sir Hugh Segrave, Treasurer, then addresses them, by the King's command. He states, among other things, that, in the late Rebellion, the King had been forced to grant to the Insurgents Letters Patent, under the Great Seal, enfranchising, to a considerable extent, those who were only Bond Tenants and Villeins of the Realm ; for which the King, knowing it to be against Law, desires them to seek Remedy, and provide for the Confirmation or Revocation thereof." " If they desire to enfranchise and manumit the Villeins by common assent, he will assent to it." Receivers, &c., are named, and the meeting adjourns to Monday, early on which day the Commons are again called over, and the Chancel- lor declares the Cause of Summons. The Commons retire to their accustomed place, (he Chapter House of the Abbey, and on Monday, 18, present M. Richard de Waldsgrave, Knight, their Speaker, whom desiring to be excused (first time) and discharged from the office, the King requires upon his allegiance, to stand, " as being chosen by his Compani- ons." Upon which, he makes the usual Protestation. The Lords and Commons, then, unanimously Resolve, "That all grants of Liberties and INIanu mission to the said Villeins and Bond Tenants, obtained b}"- Force, are in disinherison of them, the Lords and Commons, and to the destruction of the Realm ; and therefore null and void." The Commons petition the King that they may have certain Prelates and Lords to consult with them, on the business sub- (0 Rolls III, 4 Rich. 2. P. H.I. ,358. Rep. I, 338. " The answer of the Clergy shows how entirely they had separated themselves from tlie I>aity in their Convocations, and that these meetings were wholly unconnected with, and independent of tlie National Assembly in Parliament." Rc|). 1,339. The Cinijue Ports had sent Representatives from the 4'2d Edw. 3. The County of Chester, and the Bishoprick of Durham, did not, Wales did not. Probably Wales, and certain Liberties which were not within any Counties, were included uiider "Sem- blables." Rep. 1. c. The Capitation Tax now granted, occasioned tlie Insurrection under " \\ at Tyler and jack Straw." (A-) Dugdale. Rep. App. I V, G88-G91. Rolls HI, .5 R. 2. Pari. 11. 1, .103 et vjq. Kep. 1, 33'J-340-'tl. niCHAiii) II. 145 mitted to them, and being required to name the Persons, select 3 Prelates, the Duke of Lancaster, 5 Karls and 8 Barons, whom the King approves. The Commons also pray, " That the Prelates by themselves, the Lords Temporal by themselves, the Knights by themselves, the Judges by themselves, and all otiier instates singly, may be ordered to treat about their Charge, and that their advice may be reported to the Commons." It is answered, " That the King had charged the Lords and other ' Sages ' to commune diligently on the said matters; but the ancient custom and form of Parliament had alway been, that the Commons should first report their advice to the King and Lords of Parliament, and not the contrary ; and that done, the Lords' advice would be made known to them. The King wills that the ancient Customs and form of Parliament, be kept and observed." After the Conference, the Commons make Complaint of various abuses in the Government, as the causes of the late Commo- tions, and present many Petitions on grievances and for a general Grace and Pardon, stating, that considering the rancour of the People, they neither dare nor will grant any Tallage. The King replies, " It was not the Custom of Parliament to have a gene- ral Pardon, when the Commons will not grant anything. He will advise farther of Grace and Pardon, untill they shall do what belongs to them. It was customary to grant Pardons the last day of Parliament, when he answered their Supjdications and Petitions in Writing." The Commons, then, in full Parliament, with the Prelates and Lords, grant a continuance of the last Subsidy until Candle- mas next ensuing, and the King orders a Declaration of his Grace and Pardon. On the 13th December, on account of Christmas, and the approaching Marriage of the King and Coronation of the Queen, at request of the Commons, the Parliament is adjourned to Jan. 24. {Friday, before Conversion of St. Paul.) The meeting continuestillthe25th Feb.. when aSubsidyof wool isgranted. {I) A Convocation of the Clergy of the Two Provinces is ordered, at the shortest day, at St. Paul's and St. Peter's Churches, To pi-ovide a Subsidy, " compeleis et neces^arium." (tn') May 7. ( Wednesday, M. of St. John before Port Latin.) '-'''-• A " Parliament," (Colloquium et Tractatus,) meets at j Westminster. Writs are directed to the Archbishops and 19 Bishops, with the Clause, to 24 Abbots, the Prior of Coventry, to the King of Castille, &c., 9 Earls, 44 liarons, (uicluding 1 Chivaler), to all the Sheriffs of Counties, Bristol and London, to the Duke of Lancaster, or his Chancellor for the Duchy, and to the War- den, (ft) ,^1 Dugdale. In the Rolls, 5, Riih. 2. is a Summons to the Bailiff, and Community of the Town of Great Yarmouth to appear before the King in the Parliament at West- minster, on Monday, 10th day of February. {m) Rep. App. IV. 694. (n) Rolls .5, Rich. 2. Dugdale. Rep. App. IV. (194. Thi.-: Parliament is referred to in the Pari. H. I, note p. 3G2, as mentioned by Cotton, but omitted by Brady and Tyrrel, probably because " nothing material was done." It is, however, placed in a wrong year. u 146 RICHARD II. The meeting is adjourned to Thursday, Avhen M. Richard le Scrop, Chivaler, Chancellor, explains the canse of Summons On Fri) Rep. App. IV., t;u7. RICHARD H. 14T Jenisakm, to tlie King of Castille, &c., 9 Karls, -15 Rarons, (I Chivaler.) To all the Sheritis, as before, to the Duke of Lan- caster for the Duchy, to the Chief Justice, the Chief Baron of the Exchequer, 4 of the Council, «jlC., 2 Clerks, and to the Warden. Parliament assembles in the "Chambre de Peintee," when the names of the Knit^hts, Citizens and Burgesses are called over, and the Bishoj) of London, Lord Chancellor, opens the Meeting. Receivers, &c. are named, end the meeting is adjourned^ to Thursday early, in the Chambre Blanke, when the Bishop of Hereford declares more specially the causes of Summons. The Commons retire to the Chapter House, and, as usual, pe- tition to have some Lordsjoined with them, to consult ujion the high matters ofiered to their consideration, and they name certain Lords, who are entered on the Roil accordingly. After a Con- ference, the Lords and Commons for those in Parliament, as for all the Community, for all Dukes, Earls, Barons, Banerettz, Chivalers, Esquires and other Seculars, Lords of Manors, Towns and other places of the Kingdom, within and without Franchises, grant a Tenth and Fifteenth, "to be employed as the King, by the advice of his Council, and the Lords of the llealm, shall think fit." A Statute, levelled against John WicklifFe, having been passed in the last Session, under the Title, " An Act to Commis- sion Sheriffs to apprehend Preachers of Heresy, 6cc.," without the consent of the Commons, the latter humbly petition the King that such Statute ma}' be repealed ;" and it is done ac- cordingly, (p) Feb. 23. {Monday^ third week in Lent.) A " Parlia- isss. ment," (Colloquium et Tractatus,) meets at West- *-g''* minster. Writs are directed to the Archbishops and 19 Bishops, with the Clause, to 24 Abbots, to the 2 Priors, to the King of Castille, &c., 10 Earls, 46 Barons, (with 2 Chivalers), to all the Sheriffs, as before, to the Duke of Lancaster, or his Chancellor, to the Chief Justice, Chief Baron of Exchequer, 4 of the Council, and •2 Clerks, and to the Warden. The Bishop of London, Lord Chancellor, opens the Meeting. The Commons, as customary, petition to have certain Pre- lates and Lords joined in their consultations, and desire the Archbishop of Canterbury, 2 Bishops, 3 Earls, 3 Barons, which is accorded ; although " it vi-as, and is, and ought to be in the Election of the King to assign such Bishops and Lords, as he shall think tit, or others of his own proper nomination." After a conference, S'.r James Pickering, Speaker, declares their advice, petitioning the King, on the part of the Commons, to regulate his Household. The Commons pray that none may be allowed to depart from Parliament before their Petitions are terminated, and put in due execution ; and that the Executors, " des ditz busoignes (•«) Rolls III., fi Rich. 2. Dugdalc. Rep. .App. IV.GDV. P. H. 1, 371, where the Act for obedience to summons to Parliament is erroneously given as passed in this Parliament. , „ ^ ,, ■,,-,, r^ , ■ In the Rolls, 6 Richard 2, is a Writ exoneratmg the Burgesses of the V ilia, Colches- ter from sending Burgesses to Parliament for five years, in consideration oi the c.x- pences thev have incurred in fortifying their town, with walls of stone and hme. T, K. Westminster, 12 d. Dec. 148 RJPHARD II. fiuissent overtement estre connuz asvos dites Communes devant our (lepartir pur ent faire relagon a lour veisins en chascune partie, en grant confort de vos Communes avaunt dites." Warm debates ensue on the contest for the Papal Chair, be- tween Urban VI. and Clement XI., and, by consent of Parlia- ment, an Army is to be raised for Pope Urban, under the connnand of the Bishop of Norwich, (r/) 1383. Oct. 26. {Mondmj before F. of All Saints.) A " Par- /'7'*' liament," (Colloquium et Tractatus,) is held at West- minster. Writs are sent to the Archbishops and 19 Bishops, Avith the Clause, 24 Abbots, the 2 Priors, the King of Castille, &c., 11 Earls, 48 Barons, (with 4 Chivalers) ; to all the Sheriffs, as before, to the Duke of Lancaster, or his Chancellor, to the Chief .Justice, Chief Baron of Exchequer, 5 of the Council, and 2 Clerks ; and to the Warden. Sir Michr.el de la Pole, Lord Chancellor, opens the Session, in the '' Chambre de Peintee," excusing, first, his own unworthi- ness to the Place "he was forced to accept," and then generally addi"esslng tlie Assembly. He next particularly calls upon the Lords to "treat diligently by themselves, and laying aside all animosities, to report their advice from time to time," adding, that " his Majesty commands them to sit from Day to Day, to dispatch what they came for, and not to depart from Parliament without his Special Licence, under the Penalty that might ensue." The Commons Petition against the Bishop of Norwich and others, who are impeached. Nov. 24. The Commons with the assent of the Lords grant two half Fifteenths, and the Clergy " what became them." (?•) Nov. 12. [Morrow of St. Martin.) A Convocation of the Clergy of both Provinces is held, by command, at the Churches of St. Paul and St. Peter, For a sufficient Aid. (*) 13S4. jprii 29. (^Friday after St. Mark, Evangelist. ) A " Par- 7 ' liament," (Colloquium et Tractatus,) meets at Salisbury, (Novum Sarum.) Writs are addressed as at the last Parliament. None of the Barons of the Cinque Ports having arrived on the 7th day of May, they are, by fresh Writs, commanded to attend on the following Saturday. The Assembly meets in the great Hall of the Bishop's Palace, ■where Sir Michael de la Pole, Chancellor, declares the cause of the Summons, lleceivers and Tryers of Petitions are appointed, 17) Rolls III. G U. II., 1382. Dugdale. Rep. App. IV., 700. Pari. Hist. I. 373. (r) Rolls in.,(;K.2. Dugdale. Rep. App. IV., 703. Pari. H. I., 377, errone- ously called Nov. I, but adjouniments almost always took place from the first day named, to soiiu' days later, on aeiount ol't he non arrival of members. A Writ addressed to tlie Slierillof Surry, in connection with this Parliament, states, "That whereas you have elected Thomas Camoys, Chivaler, ' qui Banerettus est, sirut quamplures, Antecessorum suorum extiterunt,' such Banerctts being exempt from elections, as Knights, another is to be chosen." By anotlier Writ, tlic Slieriff of Hertford and Surrv, having chosen, &c., he is directed to exempt such person, as Chamberlain of the Oucen Mother, Prhicess of Wales. Rep. App. IV., 707. (s) Rep. App. IV. 706. RICHAUD II. 149 and I lie Commons come before tlie King, and petition, tliat cer- tain Lords, named, may be granted to them tor Conference, including the Duke of Lancaster and the Earls of Cambridge and Buckingham, his brothers, and 3 Bishops, 3 Earls and 3 Bannerets ; which is granted. The Lords and Commons then make a Grant of half a Tenth and Fifteenth, and with regard to certain Articles of Peace, the Commons declare " That it does not beseem them to give advice therein ; they humbly beg the King will do with the advice of his Council what seems best for his honour and profit and the " contort et aide " of his kingdom ; and the " Poor Commons " beg to be discharged from giving any answer on the ))erils and mischiefs which may happen, "que Dieu defende." Being urged, " Whecher they desire Peace or War," they answer, "an honourable Peace for the King," but they hope," he does not in- tend to give up his Territories gained from the French." It is said, " Peace could not otherwise be obtained," and being again pressed, they declare, " They rather choose Peace." {t) Nov. 17^ Jan. 2. Convocations of the two Provinces '384, are commanded at the Churches of St. Paul and St. ^'s^' Peter, on these days, For an Aid. Nov. 12, Saturdmj. {M. of St. Martin.) A " Parlia- ment " is summoned. The same Writs, as before, to Westminster, are issued. Being Saturday, the Parliament is adjourned to the Monday foUowinfr, 14th. (m) -. Nov. 15, (Tiiesdai/.) The Lord Chancellor, M. Michael de la Pole, states the Cause of Summons, and adds that four ways and means will greatly speed and shorten this Consultation : First, to be early in the House : next, to repel all matter of Melancholy and Env}'; the Third, to begin always on the most needful Enquiries ; and Fourthly, to pursue "them without admixiure of any other subject. A Grant of Two Fifteenths is made, and many Petitions are presented. A Convocation of both Provinces, for a Compe- 1385. tent Aid, is commanded for some day after Mid-Lent Sunday, March 12. {v) A Convocation for both Provinces is again ordered for Monday after the F. of St. Georore, Anril 25. {w) ^ ^ October 20. {Fridarj after F. St. Luke, Evangelist.) A " Parliament," (Colloquium et Tractatus,) is held at Westminster. Writs are addressed to the Archbishops and 16 Bishops and two Keepers, with the Clause, to the King of Castille, &c., to the King's Uncles, Edward, Uuke of York, and the Duke of Albemarle, 11 Earls, 48 Barons, to all the Sheriffs, to the Duke (/) Rolls in., 7 R. 2. Dugdak-. Rep. App. IV., 707, 710. P. H. 1., 3S0. (m) Rolls, R. 2, a. 8. Dugdalc. Rep. App. IV., 711. P. H. I., 382. (V) Rep. App. IV., 714. t«') Rep. App. IV., 714. A. R. 8 150 lUCHARD II. of Lancaster for the Duchy, to the Chief Justice and Chief Baron of the Exchequer, C of the Council and 2 Clerks, and to the Warden, (x) Sir Michael dela Pole, Chancellor, opens the Session, l^arge Grants are made, "by the agreement and consent of the King, Prehi.tes, Noblemen and Commons, in full Parliament assembled." The Laity having granted the Subsidies on condition that the Clergy shall give a certain sum, the Clergy protest that the Laity shall not Charge them. The Commons and many Lords say, that " the Clergy are grown to that excess of Pi-ide, that it would be a work of Piety and Charity to clip their wings and reduce them to an humility suitable to their Profession." The King throws out the Bill," saying, " he is resolved to leave (he Church in as good an estate, or better, than he found it." The Clergy then make a free gift. The Commons petition, that no Knight, Citizen or Burgess of Parliament be Collector or Assessor of any Tax granted in the present Parliament. Eilmund, Earl of Cambridge, is made Duke of York. The Earl of Bucks and Essex, is created Duke of Gloucester, and M. Michael de la Pole, Earl of Suffolk. 1385. A CoMUOc«if/o^^ is ordered for botli Provinces, 9 ' for a sufficient Aid, on the Eve of St. Simon and Jude, 1386. Apostles, October 27, and the Morrow of St. Hilary, *'9''' Jan. 14. (y) A. n A Convocation is ordered, as before, for the '^ F. of Translation of Edward, Confessor, Oct. 13, and for the 1st day of December, {z) 1386. October \. A "Parliament," (Colloquium et Tract- ^\q' atus, u. a.,) meets at Westminster. AVrits are directed to the Archbishops and 18 Bishops, (or Keepers), with the Clause, 25 Abbots, the 2 Priors, to Edmund, Duke of York, Thomas, Duke of Gloucester, (the King's Uncles), to the Earl of Kent, (his brother), to Robert de Veer, Marquess (if Dublin, and 8 Earls, 42 Barons and Chivalers, to all the Sheriffs, the Duke of Lancaster, or his Chancellor for the Duchy, to the Chief Justice, and Chief Baron of Exchequer, to 9 of the Council and 2 Clerks, and to the Warden. («) The Earl of Suffolk, (JM. de la Pole), Lord Chancellor, opens the Session. The Commons having resolved upon impeaching the Chancel- lor, the King retires. The Lords and Commons declare, " That they neither can, nor will proceed in any business of Parliament, till the King shall return, and shew himself, and remove Michael de la Pole from his Office." Thomas de Wodestok, Duke of Gloucester, and Thomas de Arundel, Bishop of Ely, are then sent, humbly to salute the King and to deliver the sense of both Houses to liim : " That they have it settled and confirmed in our ancient Constitution, I'rom a laudable and approved Custom, which none can gainsay, that the King ought to assemble the (J-) Rolls III., 9 R. 2. Diigdale. Hop. App. IV., 717. P. H. I., 384. (.V) Ucp. App. IV., 720. fa;) Rep. App. IV., 720. («) Rolls, 10 Rich. 2. Dugdale. Rep- App. IV., 721. P. H. 1., 390. RICHARD II. 151 Lords Nobles and Commons once a year, unto bis Parliament, as the'bigbest Court of the Realm, in which all Equity ought to shine clear as the Sun ; and wherein, as well Poor as llich, may find never failing Shelter for their Refreshment, by re- sttuingTranquillityand I'eace,and removing allkindsof Injuries, &c. This, moreover, is their Privilege, " That if the King will wholly estrange himself from his Parliament, lor the space of forty days, not regarding the vexation of his people, nor their grievous e.vpences, &c., it shall be lawful for theai to return to iheir own Countries." The King returns, and by advice and consent of Parliament, Thomas Arundel), or Fitzalan, Bishop of Ely, is made Chancel- lor, and the Earl of Suffolk is arrested, and placed in the custody of the Constable of England, and then impeached. The King makes many concessions to his Parliament. The Commons grant a Sut)sidy and present many Petitions. On Wednesday, the 28th November, the Parliament is dis- solved. Aug. 25. A Council is held at Nottingliam. 1387. There were present, the Archbishop of York, Robert de Vere, *• •*• Duke of Ireland, M. de la Pole, Earl of Suffolk, the Chief ^^ Justice of the King's Bench, and Nicholas Brembre, of London, Knight. Attempts are made to suborn the Sheriff's to return only such as the King shall nominate for the next Parlia- ment; and to obtain answers from the Judges to particular questions condemnatory of the decisions of the late Parlia- ment, (i) Feb. 3, Mondmj, {M. of Purificatmi.) A " Parlia- 1383. ment," (Colloquium et Tractatus,) meets at West- ^\i' minster. Writs are addressed to the Archbishops and 19 Bishops, with the Clause, 23 Abbots, the Prior of Coventry, to the Dukes of York, Gloucester and Ireland, 9 Earls, 45 Barons, to the Sheriffs, to send Two Knights, "gladiis cinctos, magis idoneos et dis- cretoSj et in Deiatis modemis mayis indifferentes,"' and I wo Citizens and Burgesses, &c. ; to the King of Castille, &:c., or his Chancel- lor for the Duchy ; to the Sheriffs of Bristol and London, to the Chief Justice of the King's Bench and Chief Baron of the Ex- chequer, 8 of the Council and 2 Clerks, and to the Warden. By a Second Writ to all the Sheriffs and the Duke of Lan- caster, the Clause relating to the Knights is withdrawn, as being " contra tbrmam Electionis anti([uilus usitatne ac contra liberta- teni Dominorum et Communitatis i-egni hactenus obtentam." They are, therefore, to be chosen " modo et forma prout anti- quitus fieri consuevit." (e) Thomas Fitz-Alan, or Arundell, Bishop of Ely, Lord Chan- (ft) P. Hist. I., 405. (c) Rolls in., 11 R. 2. Rep, App. IV., 724, 727. P. H. I., 410. " The Writ to the Duke of Lancaster, or his Chancellor in the Duchy, the Sheriff being the Officer ofthe Duke as having Palatine Jurisdiction, was the ordinary form of proceeding, the Chan- cery .of the Duke issuing a similar writ to the Sheriffof Lancashire. The County of Lancaster having sent members to Parliament before the creation ofthe County Pala- tine, and the Sheriff having then been the King's Sheriff, the County was not deprived of its franchise by the creation of the County Palatine ; but the Sheriff having become the Othcer of the Duke, the Writs were issiied to the Duke or his Chancellor, and not to the Sheiiff. By usage, therefore, the ("ounty sent members after the erection ofthe County Palatine, as by usage, Chester and Durham did not." Rep. I., 313. The Rolls contain the Brief to the Sheriti!> to omit the new'Clauae. 152 RICHARD II. cellor, declares the Cause of Summons. The Lords, Spiritual and Temporal, claim " as their Ijiberty and Franchise, that all greater matters moved in that Parliament, or to be moved in any future Parliament, touching Peers of the Land, shall be dis- cussed and moved by course of Parliament, and not by the Civil or Common Law of the Land used in Ihe lower Courts of the Kingdom ;" which Claim, liberty and Franchise, the King, in full Parliament, readily allows and grants. The Lords and Commons, then, make a Grant, with protesta- tion, that it was done of necessity, and that it might be no pre- judice to them for time to come ; and farther, they pray, that, notwithstanding this grant, tiie Parliament may hold on its course, and be adjourned if need were ; and that all things touching the said Parliament may be done and executed, as if the Grant had not been made till tlie end thereof, as in manner accustomed." Which request the King grants. Five Lords, " Appellants," then exhibit Articles of High Treason against the King's INIinisters ; who are accordingly judged and sentenced to death, or banishment ; which sentence both Houses swear to support, without Reversal. On Friday, the 20th March, on account of the Easter Devo- tions, Parliament is adjourned " in statu quo nunc est, continua- tum," to Monday, Morrow of the Quindene of Easter, April 22, (d) June 2,{Tuesday.) The Commons grant a Subsidy, June ^, {Wednesday.) After a JNIass " de 1' Seint Esprit," sung in the Abbey, and a Sermon by the Archbishop of Canter- bury, the Kingrenewrhis Coronation Oath, with great solemn- ity, in the Abbey. The Prelates do him Fealty, and the Lords Temporal, Homage. June 4, {Thursday.) (The 122d, day of Parliament). All the Assembly in Parliament return the King thanks for the Justice he has done them. He thanks them for their Grants, and the Commons are ordered to get their Briefs for Wages, (e) A Convocation of the Clergy of both Pro- vinces is commanded, for a sufficient and necessary Aid, on the 10th day of February, (fj 1388. September 9. {M. of Nativittj B. M.) A " Parlia- ^•^' ment," (Colloquium et Tractatus,) meets at Cam- bridge. Writs are issued to the Archbishop of Canterbury, the Keep- er of the Spiritualities of the Archbishop of York, 18 Bishops and 1 Vicar general, with the Clause, '2\\ Abbots, the 2 Priors, to the Uukes of York and Gloucester, !> Earls, 42 Barons, to all the Sheriffs and the Duke of Lancaster, the Chief Justice, Chief Justice of the Common Bench, the Ciiief Baron of the Ex- chequer, 4 of the Council and 2 Clerks, and to the Warden, The Bishop of Durham and Carlisle, the Earl of Percy, and (d) Rolls.ll Kicli. 2. TJugdale. In a Writ to four Individuals, this meeting is styled " a Council," or rather, they are directed to appear, "coram nobis et Concilio nostro," on the day appointed. He)). App. IV., 729. (e) See the Details of this Parliament, P. n. I., 410-440. It was called by some his- torians, "the Parliamentthatwrought wonders," by others the "merciless Parliament." The Rolls sav, after 120 days, large grants were made. (/) Rep. App. IV., 727.' niCHAKD 11. 153 7 Barons, are, by Writs, excused attendance, on account of the necessary defence of their Countries afijainst the Scots, (g) Aids are granted by the Laity and Clergy. Several new Statutes are made, and others confirmed. January 17. {Monday after St. Hilary.) A " Parlia- '39o. ment," (u. a.), meets at Westminster. ^\^' Writs are directed to the Archbishops and 19 Bishops and Keepers, with the Clause, 24 Abbots, the 2 Priors, to the King's Uncle, Joiin, Duke of Lancaster, to his 2 Uncles, John, Duke of York, and Thomas, Duke of Gloucester, his Brothers, the P>arls of Kent and Huntingdon, his Cousin, Earl of Arundell, 6 Earls, 43 Barons, to all tiie Sheriffs, the Duke of Lancaster for the Duchy, and to the Warden. (A) William of Wykeham, Bishop of Winchester, Lord Chancel- lor, opens the Session, declaring the King to be of full age, &c. Jan. 20. Thursday. All the Members of the " Grant Con- ceil " pray to be discharged from their offices. They are so discharged and challenge inquiry into their conduct. No faults being laid to their charge, they are all replaced. The Commons petition for due observance of the Statute of Provisors against the Exactions of the See of Rome. The King answers, " That as to the Impositions, he wills that no- thing be levied or paid in Charge or Damage of his Lieges or his Kingdom, and that he would require the Pope, by Letter, neither to do, nor attempt any Novelty, within the Kingdom, thenceforth, &c." The Archbishops, for themselves and Clergy, protest against any Statutes then made, or renewed, so far as they tend to re- striction of the Apostolic Power, (i) March 2, Wednesday. The Lords and Commons grant a Subsidy. The Duke of Aquitaine does Homage. The King's Cousin, Edward, eldest son of the Duke of York, is created Earl of Rutland, in full Parliament. November 12, Saturday. ( Morrow of St. Martin.) 1390. A " Parliament," (u. a.), is held at Westminster. *-|^«- Writs issue to the Archbishops and 19 Bishops, with the Clause, 23 Abbots, the Prior of St. John of Jerusalem, to the Dukes of Lancaster, York and Gloucester, the King's Cousin, Edward, Earl of Rutland, his Brothers, Earls of Kent and Huntingdon, his Cousin, Earl of Arundell, G Earls, 42 Barons, to all the Sheriffs, to John, Duke of Aquitaine and Lancaster, or his Chancellor for the Duchy, to the Chief Justice, the Chief Justice of the Common Bench, and Chief Baron of Exchequer, 8 of the Council, and 2 Clerks, {k) (g^ Dugdale. Rep. App. IV., 729, 732. This Parliament does not occur in the Rolls. P. H. 1., 440. (A) Rolls. 13 Rich. 2. Dugdale. App. Rep. IV., 732. P. H. I. 442. (0 It appears that a moiety of a Tenth upon the Clergy of the Diocese of Chichester, had been imposed by the Pope, to be levied for his use. Writs were addressed, in the King's name, to the Archbishops, &c., and to the Nuncio, stating that, by the Rights and Customs of the Kingdom, such impositions on the People could not be levied witli- out the common council and assent of the said Kingdom, and commanding to forbear levying such impositions. Richard himself seems always to have had recourse to the Common Council of the Realm to authorize any such imposition, whati'ver may have been his other errors. Rep. 1., 344. (k) Rolls, 14 R. 2. Dugdale. Kep. App. IV., 73.5. P. H. I., 44.5. where seethe Proceedings. This Parliament, according to Cotton, 3.56, was not dissolved till the 6tli of March. See note P. 11. 449. According to the Rolls, Dec. 2 was the last day. U 154 RICHARD II. The Bishop of Winchester opens the Cause of Summons- Receivers and Triers are appointed. Among other Acts, the.Statute of "Appropriations" is passed. On Saturday, 3d December, the I^ords and Commons make a grant. Petitions are then read and answered, and the Parlia- ment is dissolved. 1391. November 3, Friday. {M. of All Souls.) A Parlla- *]5* ment, (u.a.), meets at Westminster. Writs are directed to the Archbishops and 19 Bishops, with the Clause, 24 Abbots, the 2 Priors, to John, Duke of Aquitaine and Lancaster, the Dukes of York and Gloucester, 11 Earls, 40 Barons, to all the Sheriffs, the Duke of Aquitaine and Lan- caster, or his Chancellor for the Duchy, the Justices, Council and Clerks, as before, and to the Warden. (/) The Archbishop of York, (Thomas Arundel), Lord Chancel- lor, declares the Cause of Summons. Dec. 2, Saturday, the last day of sitting, the Lords and Com- mons (as they had also done in the last Parliament), desire the King, "That he would as largely enjoy his Prerogative, as any of his Predecessors ever did ; notwithstanding any Statute to the contrary ; particularl}', that of Edward II., made at Glou- cester ;" which they now repeal. Y^l' June 25. {M. of Si. John B.) A Council is heM at 16 * Nottingham. The Mayor, Sheriffs and Aldermen of London, " in propriis personis," together with 24 Citizens "de validioribus et magis sufficientibus," are summoned, (m) October 14. {M. of Translation St. Edward, King.) A " Parliament," (u. a.), is summoned to York. Writs are sent to the Prelates as before, to the 3 Dukes, 9 Earls, 39 Barons, to all the Sheriffs, Duke of Lancaster, Justices, Council and Warden, as before. The Parliament is prorogued, sine die, 8 d. Sept. (?i) 1393. January 20, Monday. {Octaves St. Hilary.) A " Par- \q' liament," (u.a.), meets at Winchester. Writs are directed to the Prelates, as before, to the Dukes and Earls, as before, to 40 Barons, to all the SlierifFs, Duke of Lan- caster, Council and Warden, as before. The Archbishop of York, Chancellor, opens the Session, which ends on IMonday, Feb. 10. (o) M. Philip Courtenay, who had been returned as Knight of the Shire by the Sheriff of Devon, prays to be discharged till certain accusations against him are tried, which having been granted, on the JNIonday following, he is restored. Convocations are commanded to be held for the Province of Canterbury, at the Church of St. Swith- in, Winchester, or elsewhere, on the Morrow of the (I) Rolls, 15 R. 2. Dugdale. Rep. App. IV., 738. P. H. I., 449. (?«) Rep. App. IV., 741. (ra) Dugdale. Rep. App. IV. ,741. (o) Rolls, IG R. 2. Dugdale. Rep. App. IV., 74(;. V. II. I., 450, where see the Vroceedings. niCMAun II. 155 Purification, Feb. 3 ; and for York, at the Church of St. Peter, on Monday before St. Peter in Cathedra, Feb. 17. (p) Jan, 21. {Tuesdmj, 15 of St. Hilanj.) A « Parlia- 1394. ment," (u. a.), is held at Westminster. ^j, ' Wi-its are issued to the Archbishops and 1(5 Bishops, with the Clause, to 24 Abbots, the Prior of Coventry, the 3 Dukes, 11 Earls, 40 Barons, to all the Sheriffs and the Duke of Aquitaine and Lancaster, to the Justices and Coiuicil and Warden, as before. On the following day, Wednesday, the Archbishop of York, Lord Cliancellor, opens the Parliament. On Thursday, the third day, the Commons present their "Commune Parlour," jNI. John Bussy, who is allowed. The Commons and Clergy make Grants, and the Parliament ends on Friday, the Gth day of March, {q) ......... Convocations are held, by command, on the 16 d. February and 1st day of March. (;•) Jan. 27. {fVednesday, 15 of St. Hilanj.) A " Parlia- 1395. ment," (u. a.), is held at Westminster, by Edmund, ^'iq' Duke of York, Custos of the Kingdom. Writs are issued to the Archbishops and 17 Bishops, with the Clause, 25 Abbots, the 2 Priors, 8 Earls, 29 Barons, to all the Sheriffs, and the Duke of Aquitaine and Lancaster, the Justices and Council, and to the Warden. The Writs specify as the Cause of Summons, the consider- ation of the best means to promote the prosperous government and happy Administration of Ireland. Thursday, 28. The King's Uncle, the Duke of York, is ap- pointed " Guardian." The Chancellor ojiens the Session, and directs the Knights and Commons to assemble on Friday, in the Chapter House or llefectory, and elect " celuy qu' averoit les Parols de par les Communes." -^riie Clergy and Commons make a grant, with the protesta- tion, " that they are not bound, ' stricto jure ' to grant the same, but purely out of their affection to their King." They then present many Petitions and are dismissed. («) Convocations, for the respective Provinces, are commanded to be held on the F. of St. Agatha, Feb. 5, and the Morrow of St. Matthias, Apostle, Feb. 25. {t) Jan. 22. {Monday in F. of St. Vincent.) A " Par- 1397. liament,'' (u. a.), is held at Westminster. ^20^* Writs are issued to the Prelates, as before, the 3 Dukes, 1 1 Earls, 38 Barons, to all the Sheriffs, and to John, Duke of Aqui- taine, &.C., as before, to the Sheriff's of the City of Vork, for 2 (p) Rep. App. IV., 748. (?) Rolls, 17 R.2. Dugdale. Rep. App. IV., 749. P. H. I., 452. It is said that after subduing the Rebels in Ireland, the King held a Parliament at Dublin. 454. (r) Rep. App. IV., 752. (*1 Rolls, 18 R. 2. Dugdale. Rep. App. IV, 752. P. H. 1., 1.54. (t) Rep, App. IV, 7.55. No Summons is extant for 19 R. 2. 156 RICHARD II. Citizens, (first time), to the Justices and others, as before, and to the Warden. («) The Bishop of Exeter, Lord Chancellor, explains the Cause of Summons. The next day, Tuesday, the Commons present their Speaker, M. John Bussy, whom the King allows. Wedtiesday. The Chancellor, Treasurer and Clerk of Privy Seal, Bishop of Chester and others of the Council explain to the Commons the more especial cause of their being called. The Commons pray the King that such Lords Spiritual and Tempo- ral as were absent may be sent for. The Chancellor answers, that it would occasion too long delay, but that those nearest should again be summoned. Friday, Feb. 2. The King sends for the Lords, Spiritual and Temporal, and complains that the Commons had entered upon matters not belonging to them, touching the King's E-egalia and State, and the lloyal Liberty. The Speaker is commanded to declare wiio brought in the Bill on these subjects. The Com- mons submissively make their excuses, knowing well that such Things do not belong to them, and give the name of Sir Thomas Haxey. They are pardoned by the King, who also surrenders to them a Grant they had made. Sir T. Haxey is condemned to death as a Traitor, but is reprieved on the intercession of the Prelates. A Convocation of the Clergy of both Pro- vinces, is ordered at St. Paul's, on the Monday after the F. of the S. Scholastica, Virgo, Feb. 12, and at St. Peter's, York, on the Monday after St. Matthias, Apostle, Feb. 26. A Convocation of the Clergy of York is ordered, on Friday after St. John ante Portam Latinam, May 11. (v) August. 1. A great Council of the King and Peers is held in the great Hall of the Castle, Nottingham, (w) 1397. September IT. (Monday after Exaltation of Cross.) \l' A " Parliament," (Colloquium et Tractatus,) assembles at Westminster. Writs issue to the Prelates, as before, to John, Duke of Aqui- taine and Lancaster, and the Duke of York, 10 Earls, 37 Barons, to all the Sheriffs and the Duke of Lancaster, the Justices, Council and Warden, as before, (.r) The Bishop of Exeter, Lord Chancellor, opens the Session. The next day, Tuesday, the Commons present M. John Bussey, as their Speaker, who is approved. The Commons then state, that " as several Judgements and Ordinances made in Parliament in time of the King's Progen- itors had been repealed and annulled, because the Estate of the Clergy was not then present in Parliament, they, therefore, pray that the Prelates and Clergy should make a Procurator with (m) Rolls, 20, R.2. Dugdale. Rep. App. IV, 755. P. H. 1,455. (w) Rep. App. IV, 758. (w)V. H. 1, 460. (x) Rolls 1\, R. 2. Dugdale. Rep. App. IV, 758. P. H, I., 462. RICHARD II. 157 BufScient powei" to consent in their name to all things and Ordi- nances in tiiis Parliament," and tliat all the Lords Spiritual should now give tiieir opinion and advice on this subject. The Spiritual Lords consent to commit their full power to a Ijayman, (a Lay-Persone), stating in the names of the Arch- bishops and Prelates and Clergy of botii Provinces, that by right of their Churches and Temporalities, having a llight to be pre- sent in all Parliaments to treat and dis])atch there for the state and honour of the King, &c., "■ Judicialiter justificand," they commit their full power to IM. Thomas de Percy, Knight, "so that whatsoever should be done by him in the Premises should be received at all future times." The King receives a Schedule containing their said power, which is entered of Record on the lloll of Parliament, (i/) TJtursday, 20 Sept. The Commons impeach Thomas Arundel, Archbishop of Canterbury, and it is awarded in Parliament, that he is a Traitor, and shall be banished. Other Peers, for- merly pardoned, are impeached by the Lords, Appellants, con- victed, and sentenced to death and banishment. Saturday, Sept. 29. Parliament is adjourned to Quindene St. Hilary, at Shrewsbury. The next day, being Sunda}', after Mass performed in the Abbey, the Lords Spiritual and Tempo- ral, before the Shrine of St. Edward, take an oath to maintain, without deceit, all the Salutes, Judgments, &c., of tliis Parlia- ment. The Knights hold up their hands in afhrmation of the same, and Sir Thomas de Peircy, for the Clergy, makes the same oath. Jan. 28. {Monday^ \b of St. Hilary.) The adjourned 1398. Parliament meets at Shrewsbury (Villa Salop.) ^g^* (y) Rep. I, 344. "It appears that the Prelates and Clergy had claimed, as a distinct Estate, a Negative on all Judgments and Ordinances in Parliament ; but the Proceed- ings in this Parliament generally demonstrate the prevalence of a violent party, and derogate from their authority in after times." " It was provided by Statute that any person attempting to annul the Judgments, Statutes or Ordinances of this Parliament should have execution as a Traitor. An oath is directed to be put on record that the Successors of the Prelates and Heirs of the Temporal Lords, before having Livery of their Temporalties and Lands, should make this Oath for ever. This seems to im- port that all Temporal Lords would for ever be Landholders, Tenants in Chief of the Crown. Probably all then sitting had such Lands, but many derived their rights to Seats from Grants by Letters Patent, without reference to Lands," 34.5. These pro- ceedings demonstrate the disposition of the Laity to resist the unconstitutional attempts of the Clergy to separate themselves from the Laity, and to claim the right, as a dis- tinct state, to have a negative on all the Proceedings of Parliament, and thus to place the separate Conventions of the Clergy as a controul on the general Council of the Realm assembled in Parliament. It had always been asserted that the Prelates had seats only in respect of their Temporal Estates in the Lands which they held as Baro- nies. It appears from these claims that the Constitution of the Legislative Assemblies was not then completely established. But it is said that the reason of this appointment by the Clergy was that according to the Canons, they could not be present in any Judg- ment of Blood. See Note P. H. I., p. 4G3. It appears that Sir Thomas Piercy, their Proxy, was one of the Judges ; whence Collier infers, that the withdrawal in cases of blood, was only a voluntary absence, as a Delegation to a Proxy must carry the same authority with the person lie represents." Note 470. Kapin'says (Ed. Lond. 1728, IV., 430.) The King had changed all the Sheriffs in England, and appointed none but such as had promised to be at his devotion ; as well as influenced those who had the chiefest power in the Cities and Boroughs. Holling- shead, Chron., p. 490, states, that the Lords and great men came to this Parliament ■with such numbers of armed men and attendants that there was not half Lodgings within the City and Suburbs of London for them. Many were obliged to lie in the Villages, 10 or 12 miles on each side the Town. The King had caused to be made, within the Palace at Westminster, a large House of Timber, covered on the top with tiles, but open at both ends that all men might see through it. The house was of so great compass that it could scarce stand within the Court of the Palace. It contained a Throne for the King and particular places for Bishops, Peers and Commons, as also for Appellants and Defendants, 158 RICHARD II. Writs are issuer), amongst others, to the Dukes of Aquitaiiie and Ijancaster, York, Hereford, Albemarle, Surrey, Exeter, Norfolk, to the filarquis of Dorset, 7 Earls, and 33 Barons, who are commanded to attend "cuni familia et gentibus statui con- gruis, et non cum multitudine gentium, nee alio modo quam tempore Domini Edwardi nuper Regis Angliee, Avi nostri, et nostro, antiquitus et communiter fieri consuevit." (.z) The Chancellor desires the Commons to advise iiow the ex- pences can best be provided for the defence of the kingdom, and other matters. On the same day, INIonday, the Lords and Com- mons determine, that the Answers of the Judges, in the 11th of the King, shall be held good and sufficient. 1"he proceedings of the Parliament in that year are reversed, and many Pardons re- voked and annulled. Ttiesdcnj, 29. The Commons petition for a general Grace and Pardon. Tlie Chancellor answers that the King will do nothing till he knows by their Grant, how the Commons act toward him. At the request of the Commons, the Prelates and Clergy ap- point W. le Scrope, Earl of Wiltshire, their Procurator, giving him full power to treat and do, with respect to all things in this Parliament, &c., as Thomas de Percy had done, {a) Sir John de IJussy, for the Commons, then prays that the greatest security may be given to the Acts of the present Parlia- ment. It is answered, that such was already done. The Lords and Commons then make a large grant, " for the King's life." On the last day, Thursday, Jan. 31, the Commons pray that the King will commit full power to 12 Lords, and G Commoners named, to examine, answer and dispatch, divers Petitions, and other matters, left unfinished. To which the King assents, (i) Convocations for the two Provinces are com- manded at St. Paul's and St. Peter's, on the 1st and 10th days of October (past), (c) 1398 A Convocation for the Province of York, is ^'22' now ordered, it being doubtful whether the last mandate was obeyed, to provide a competent aid, on the 1st day of September, {d) (») Rolls 21, R. 2. Dugdale. Rep. App. IV., 7G1. P. H. I., 482. On the 29th Sept., the King, in full Parliament, had created H. of Lancaster, Earl of Derby, Duke of Hereford, the Earl of Rutland, Duke of Albemarle, the Earl of Kent, Duke of Surrey, 1 arl of Huntingdon, Duke of Exeter, the Earl of Nottingham, Duke of Norfolk, Countess of Norfolk, Duchess of Norfolk, Beaufort, Earl of Somer- set, Marquis of Dorset, Sir Thos. le Despencer, Earl of Gloucester, Sir Ralph de Nevill, Earl of Westmoreland, Sir Thos. de Percy, Earl of Worcester, Sir W. le Scrop, Earl of Wiltshire. The 15 of St. Hilary in this instance does not include the day itself, but extends 15 days beyond it, and is therefore the 28th and not 27 Jan. The Parliament began on Monday 28, and from the Rolls wc learn, that Wednesday was the 30th and Thursdav the 31st. (a) Rolls 21, R. 2. Rep. I. 347. (b) P. II. I., 482-492. "The King and Committee of Parliament, thus appointed, go on with unlimited power to commit many arbitrary and un))recedcntcd Acts (498). But by driving on too fast, in a very short space, brought their unhappy Governor, as well as themselves, to utter destruction." (497). The piiicccdintis (if tliis Pavliannnit seem to extend to March 18, when the I-ords Spiiitvuil aiul 'I'empdval, and certain Knights of the Shires, in presence of the King, swear to observe the Judgments, Statutes and Ordinances, done, ordained and assented to, &c. Rolls, 373. (c) Rep. App. IV., 761. (d) Rep. App. IV., 703. 23 HENRY IV. 159 Jan. 27. {Monday after Conversion of St. Paul.) A ^^9'*- Council is held at Oxford, 22^ On the Schisms in the Church. Three Bishops, and2G Eccle- siastics, and otliers, are summoned, {e) Feb. 2^!. {Monday, third lueek in Lent.) AConvoca' Hon is ordered at York, {f) Sep. 30. {Morroni of St. Michael.) A "Parliament" 1399. (Colloquium et Tractatus) is summoned to Westminster. "NA'rits are sent to the Archbishops and 19 Bishops, with the Clause, 25 Abbots, the 2 Priors, to the Dukes of Lancaster, York, Albemaj-le, Surrey, Exeter, and the Marquis of Dorset, 10 Earls, 34 Barons, to all the Slieriifs and the Duke of Lancaster, the Justices, Council and Warden, (g) The King's Renunciation having been made, and his cession and deposition taken, the Parliament is dissolved. HENRY IV. {Sept. 30, 1399.) Oct. 6. {Monday, F. of S"- Fides, Virgin.) A Par- 1399. liament is held at Westminster. *• •*• Fresh "Writs, returnable in Six Days, are directed to the same persons as had before been summoned ; a Protest being made, that the shortening of the usual time, to save the labour and expences of the King's Lieges, should not be prejudicial, or form a Precedent, {h) The Archbishop of Canterbury, then, recites the past Trans- actions, and on the part of tiie King, adjourns the meeting till Tuesday, the 14th, the day after the intended Coronation,' Heceivers and Tryers of Petitions are then appointed. Oct. 14. The Commons present M. John Cheyne, for their Speaker, " Parlour et Procuratour," who is accepted, but, b}' reason of illness, being unable to serve, is replaced bv John Dorewood. " By assent of the Lords," they grant a Subsidy to the King. The Parliament then passes an Act repealing the whole pro- ceedings in the Parliament of Shrewsbury, 21 Rich. 2, and affirming those of 11 Rich. 2. Proceedings are also taken against the late Lords Appellants, who are deprived of their Honours, but restored by the King. The late King is adjudged to perpetual Imprisonment ; to which Judgment, the Commons request not to be considered Parties, as such Judgements belong solely to the King and Lords. {e) Rep. App. IV., 763. (/) Rep. App. IV., 764. ig) Dugdale. Rep. App. IV., 765. P. H. I., .502— where see, and in the Rolls, 1 H. 4, all the Proceedings on occasion of this Deposition. See also Rep. I., 349, &c. (A) RoUs, 1 H. 4. Dugdale. Rep. App. IV. 768. P. H. II., 5. 60, where areallthe Proceedings of this Parliament. 160 HENRY IV. It is answered, " that the Commons are Petitioners and Demanders, and that the King and Lords, of all time, had had, and outi^ht to have, of right, the Judgements in Parliament ; save that in a Statute to be made, or in Grants and Subsidies, or for the common profit of the Realm, the King will have their advice and assent ; and this order shall be holden and kept in all time to come." (i) The Commons present many Petitions, which are answered. 1400. February 9. A great Council is held at Westminster. •*• *• The Lords Spiritual and Temporal only are summoned, "pour eschuire aucune Parlement estre summoner," and to prevent the laying of any Tax on the Commons. The Peers consent to raise Forces at their own expence. (A) 1400. Oct. 21. {Wednesday before All Saints.) A " Parlia- 2 rnent" (Colloquium et Tractatus cum Prselatis Magnati- bus et Proceribus) is summoned to York. Writs are issued to the Archbishops, and 18 Bishops, (and Keepers of Spiritualities) with the Clause, to 25 Abbots, the Priors of Coventry and St, John of Jerusalem, to Henry, Prince of Wales and Duke of Cornwall, (the King's son) to the Duke of York and 10 Earls, 35 Barons, to all the Sheriffs as before, to the Chancellor of the Duchy of Lancaster, to the Chief Justice, the Chief Justice de Communi Banco, to 9 of the Council and 1 Clerk, to the Constable of Dover Castle, and Warden of the Cinque Ports, or his Lieutenant. (/) This Parliament does not meet. 1401. Jan. 20. (Thursday, 8ves St. Hilary.) A " Parlia- ^'^' ment" (u. a.) meets, by Prorogation, at Westminster. Writs are addressed to the Archbishops and 19 Bishops, with the Clause, 25 Abbots, the 2 Priors, to the Prince of Wales (Duke of Cornwall and Earl of Chester), to the Duke of York, 10 Earls, 35 Barons, to all Sheriffs of Counties, the Chancellor of the Duchy of Lancaster, the Sheriffs of Bristol, London, York, and the " Villa" Neivcastle (for 2 Burgesses, for the first time), to 2 Chief Justices, 9 of the Council and 1 Clerk, and to the Constable and Warden, (m) The Knights, Citizens and Burgesses are proclaimed by their names in the King's Chancery, in Westminster Hall, before the Chancellor and Steward of the King's Household. (0 Rep. I., 353. '"From all these Proceedings, it seems that the principles on which the Assembly of the Lords and Commons in Parliament had been constituted, had not then been very clearly settled. The Commons had concurred in the Judgment of Deposition, of which that of Imprisonment was not a legal consequence. As a mere Ordinance of Policy, it ought to have been an act of the whole Parliament. How- ever, this Disclaimer, and the Proceedings upon it, may be considered as finally set- tling, that the Characters of the Two Houses, though forming with the King, one assembly in Parliament, were perfectly distinct ; and particularly that Grants of Aids to the Crown should jirocfed from the Comvions. The previous grant was expressly made, "by Assent ol the Lords." The Constitution of the Parliament at this time was so far considered as different from that of the Common Council of the Realm, for assessing Aids and Scutages provided by the Charter of John ; in which no distinction appears to have prevailed." Rolls, 1. H. 4. 111. It appears by the Writs for Expences in Brady, App. No. 114, that the Parliament lasted from Sept. 30 to Nov. ID, and that the Members were allowed wages for 51 days, besides the time of coming and returning. {k) P.H. U, 01. (l\ Dugdale, who places this Parliament, first. Rep. App. IV, 770. P.H. II., 62. (»0 Rolls2, H.4. Dugdale. Rep. App. IV, 773. P.H. II., 62. HENRY IV. 161 On Friilay, the following day, the Chief Justice, hy the King's comniantl, declares tlie Cause of Summons, and orders the Commons to attend in time every day, and now to proceed to the Election of their Common Si)eaker, and to jjrcsent him, " Come le Manere est," on the next day, in the Chambre de Peinte, at 10 o'clock. On Saturday, they present Mr. Arnold Savage, who makes the accustomed Protestation for himself and the Commons, and prays that tlie Commons n)ay have good advice and deliberation without being required to answer on the most important matters till the end of the Session, which is accepted, and enrolled. Jiin. 25. The Commons return thanks for the declarations first made by the King and for his intentions and purposes, and pray to be excused for anj'thing said in Parliament. They are desired to present their Petitions in writing. On the last day of January, the Commons pray, that certain Petitions may be answered, which, being put in writing, the King Ijromises to answer. Feb. 2Ct. The Commons pray that the " Besoignes," done and to be done in this Parliament, may be enacted and engrossed be- fore the departure of the Justices, while they have them in their memory ; which is agreed to. Also, that as in man\ Parliaments, their common Petitions had not been answered before they made their Grants, they pray," that they may know the Answers first." The King, after a Conference with tlie Lords, answers, " That there was never any such use known, but that they should first go through with all other business ; which good custom and or- dinance, the King intends not to alter." After which, a Subsidy is granted. On the lOlh March, the last f/ff?/of the Pailiament, " the Com- mons kneeling before the King, beseech him to pardon them, if, through ignorance, the^-- have offended him," which the King grants. The whole Assembly then hear j\Iass together, and the Commons having offered their granted Subsidy, are dismissed by the Chancellor. («) A Convocation is ordered at York, before the I40i. Ascension, May 12. ^'^^' January 2^. {Mo7iday before Purification.) A "Par- 14.02. liament" (u. a.) meets at Westminster. "• ^' Writs are addressed to the Prelates, as before, to the Prince of Wales and Duke of York, 8 Earls, 32 Barons, to all the She- riffs, and the Duke of Lancaster, Justices and others, and War- den, as before, (o) Feb. 6. {Monday, first iceeli in Lent.) A Convocation of the two Provinces is ordered, at St. Paul's and St. Peter's, {p) (n) The Report, I. 354, observes, " the whole Proceedings in this Parliament, bear a nearer resemblance than those in foiiner Parliaments, to the proceedings at the pre- sent time. The general form of the Constitution of the Legislative Assemblies may then be considered as nearly settled ; the Lords, Spiritual and Temporal, being clearly acknowledged as a separate body, having distinct Powers and Jurisdictions ; and the Commons Ijeing also acknowledged as a Separate Body, having distinct Powers and Privileges; though all formed with the Iving, one Legislative .\ssemblv." (o) Diigdale. Kep. App. IV, 77G. P. H. II, 69. ip) Rep. App. IV, 778. i 162 HENRY IV. ^pril 6. ( Thursday, after Octaves Easter.) A Convo- cation is ordered at St. Peter's, York, (q) 1402. Sept. 15. {Morrow of Exaltation of the Cross.) A 3 ' "Parliament," (u. a.) is summoned to Westminster. Writs are issued to all the Prelates as before, to the Prince and Duke, to 9 Earls, 34 Barons, to all the Sheriffs (excepting of Newcastle) to the Chancellor of Lancaster, to the Justices and Council, and Warden, (r) This Parliament is prorogued to 1402. Sept. 30. {Saturday, Morroiv of St. Michael) ^^'rits, as before, include the Sheritf of Newcastle, and address the Chancellor in the County Palatine of I^ancaster. (s) The Knights, Citizens and Burgesses, are called over in the Court of Chancery, and the Parliament is adjourned to Monday, at 9 o'clock, in the Chambre de Peinte. Oct. 2, Momlay. The Chancellor declares the cause of meeting, and directs, that the Speaker, " Parlour," shall be presented next day, at 10 o'clock, lleceivers and Tryers are named. On the 3rd day, Oct. 3, the Commons present their Speaker, Mr. Henry de lledeford, as usual. Oct. 4, Certain Lords, the King's Officers, are sent to the Com- mens, to declare in a more especial manner, the cause of Sum- mons, that business may be more quickly dispatched. Oct. 10. (^Tuesday.) The Commons request to have four Bishops, four Earls and four Barons, to assist them in their con- sultations ; which the King grants, with this protestation, "that the same, as against form and custom, is done out of favour and not out of duty ;" which especial favour the Commons acknow- ledge. The Commons " icith the assent of the Bishops and Lords," make a large grant; and, on Saturday, the 25th Nov., Parliament is dissolved. A Convocation of the Clergy of both Pro- vinces, is ordered for the day of Meeting of Parliament, Sept. 30. {t) 140^ A Convocation of the Clergy of York is or- dered before the Octaves of St. Hilary. Jan. 20. (Octaves of St. Hilary.) A Council is held at Westminster. Fourteen Persons are summoned. Feb. 3. {Morrow of Purification.) A Council meets at Westminster. Eighteen Persons of the Sea Ports are summoned, (w) (y) Rep. App. IV, 775. (r) Dugdalc. Rep. App. IV, 778. (i) Rolls, 4 H. 4. bugdale. Hep. App. IV, 781. P. H. II, GO. It is said that tlie extensive Grant of the Commons put the King into such good humour that he invited the whole body of Commons to dine with him the next day. V. H. 11,72. (O Hep. App. IV, 781. (u) Rep. App. IV, 784. A. R. 4 HENRY IV. 163 "Dec. 3." A " Parliament," (u. a.) is summoned to ^^3. Coventry. ^•^' Writs are issued to the Prelates as usual, to the Prince of Wales and Duke of York, 7 Earls, 'M Barons, to all the Sheriff's, the Chancellor of the Duchy, the Justices, Council, and War- den. (v) This meeting is prorogued to Jan. 14. f Morrow of St. Hilary) at Westminster. 140*. Writs are directed to all the Prelates as before, to the Prince, *• '^• Duke of York and all others. (?«) "^ The Bishop of Lincoln (the King's Brother,) Lord Chancellor, opens tlie Session. After stat'ng the cause of' Summons, he de- sires the Commons to attend daily at Eight o'clock, and now to choose and next day, at Nine o'clock, to present, their Speaker. On the following day, Tuesday 15th, they present INlr. Arnold Savage, who is accepted in the usual form. The Commons are again ordered to be in their House, as will the Lords, at Eight o'clock at the latest. Among many other matters in this Parliament, the Sheriff of Rutland having returned one, who was not chosen for the Shire, he is commanded to amend the Return, and farther is committed to the Fleet, and to Fine and Ransom, at ihe King's pleasure. Jan. 2b, Friday. The Commons state, that, " according to the Custom of the Realm, the Lords, Knights, Citizens and Bur- gesses, coming to the Parliament by the King's command, are under his especial protection and defence, and ought not to be arrested for Debt, &c. ; and that they and their servants are frequently so arrested, &c., they pray that any person so attempt- ing anything against the custom aforesaid, shall make fine and ransom to the king, and double damages to the party injured." It is answered, " There was sufficient remedy in the case." An assault having been made on the Servant of Sir Thomas Brooke, a Knight for the County of Somerset, the Commons pray "extraordinary remedies in such cases, and that Pardons shall not be granted." The offender is required, by Proclama- tion, to surrender himself) " and in failure, he siiall be attainted and pay double Damages, and make Fine and Ransom to the King, and so it shall be done in future." A Statute is made ac- cordingly, {x) A Convocation is ordered at York before the F. of St. John Baptist, {y) " October 6." A " Parliament," (u. a.) meets at Co- uo*. ventry. ^* J*- Writs are addressed to the Archbishops and 19 Bishops, with the Clause, to 25 Abbots, the 2 Priors and the Prior of Christ Church, Canterbury, to Henry Prince of Wales and Duke of Cornwall, the Duke of York, 7 Earls, 37 Barons, to all the She- riffs, and the Sheriff of the City of Norwich, for 2 Citizens (first (ti) Dugdale. App. Rep. IV, 785. {w) Rolls 5 H. 4. Dugdale. App. Rep. IV. 787. P. Hist. II. 76. The Writ" for the Duchy of Lancaster, is not adclressed as before, " CanccHario Ducis," but " Cancellario Regis pro Comit. Palatine Lancastriffi." (.r) Rolls b H. 4. Rep. I, 354. P. H. II, 83, This Statute is said to be the " First Act of Privilege." (y) Rep. App. IV, 790. 164 HENRY IV. time), to the Chancellor of the Duchy, the Justices, Council and Warden. The Meeting is held in the Great Chamber of the Priory. Henry Beaufort, Bishop of Lincohi (the King's Brother), Lord Chancellor, declares the cause of Summons, and then desires the Commons to choose a S])eaker, and present him the next day to the King. Oct."]. The Commons present ^fr. William Sturmey as Speaker. They are ordered to attend daily at 7 o'clock, and the Lords Spiritual and Temporal, at 8. Friday, Oct. 8. With the assent of the Lords, the Commons make a large Grant. Several Petitions are presented and answered, and on " Fri- day," 19 ? Dec, the Parliament is dissolced by the Lord Chan - 1406. cellor. {z) A. R. ^^ February 15." A "Parliament," (u. a.) is sum- moned to Coventry. Writs are issued to the Archbishops and 17 Bishops, with the CI luse, 24 Abbots, the 2 Priors, the Prince, Duke of York, 7 Earls, ?)'A Barons, to all the Sheriffs as before, (omitting the She- riff of York), the Chancellor of the King for the County Palatine of Lancaster, the Justices, Council and Warden. By second VVrits, the place of meeting is changed to Glouces- ter, and by other Writs, stating the approach of a French Arma- ment at the mouth of the Thames, is prorogued to March 1, ( Monday, first week in Lent,) at Westminster, («) The Meeting takes place in the Chambre de Peintee of the Koyal Palace. Thomas de Longley, Clerk, Lord Chancellor, opens the cause of Summons, lleceivers and I'rj'ers of Petitions are appointed, and on the following day, Tuesday 2nd, the Commons come be- fore the King and Lords, and present their Speaker, " Parlour et Procuratour," Mr. John Tibetot, who excuses himself on account of his youth and other causes, but is confirmed by the King. The Commons are ordered to attend daily in their accustomed place at 8, and the Lords at 9. The same day, the Commons, v>ith the assent of the Bishops and Lords, grant a Subsidy. On Tuesday, the 23f/ March, the Speaker again comes before the King, and makes the accustomed Protestation, requiring the confirmation of their Liberties and Privileges, and that they may at any time send for any of their Bills from the Lords, for amend- ment of the same ; which is granted. He proposes also several llegulations in the Government. April Z. The "Parlour" again repeats his Protestation, and prays the usual Privileges ; which is entered on Record on the Roils of Parliament. (z) RollsG, H.4. Dugdale. Rep. App. IV, 790. P. H. II, 83. It does not ap- pear by the Writs, that the charge ag.ainst the King, for tampering in the election of Knights, has any foundation in truth. Walsiiigliam says, p. 371, "Direxit Brevia Vicecomitibus ne quosquam e Comitatibus eligerent quovisraodo Milites, qui in Jure Kegni, vel Docti fuissent vel A])i>renticii ; scd tales omniiio mitterentur ad hoc ne-go- tium, quos constaret ignorarc cujusque Juris IMcfhodiUu ; factumque ita est." From whence this Parliament got the name of the '■ Illiterate or Lack- Learning Parliament." It is more probable, say the Editors of the P. H., that it was so named by the Clergy on account of certain designs carried on against them, as other Authors call it " the Laymen's Parliament." Stowc 330. Speed 619. These designs against the Clergy arc noticed only by Walsingham, (n) Rolls 7 H. 4. Dugdale. Rep. App. IV, 703-5-6. P. H. 11,90. The Sheriffs of the City of Vork are omitted in all these Writs. HENRY IV. 165 Parliament is then, on account of the festival of Easter, ad- journed to the Qulndene of Kaster, April 25, and then for 4 days, on account of the absence of several members. Saturday, lo iMay, and following days to June 4, the Commons make many Petitions " par bouche;" and, on the 7th, the " Par- lour" again prays for liberty of speech and the^usual Privileges. On the last day, the Statute passes settling the Crown, after the King's decease, on his Eldest Son, and the Heirs Male of his ]5ody. June PJ. On account of the Hay and Corn Harvest, requiring the presence of JNIembers, Parliament is again adjourned to the Quindene of St. JMiciiael, Oct. 13, and leave is given to them to depart "pour lour solacer, etdisporter a lour plaiser;" and then, many being absent upon a call of their names, is adjourned again for four days. Nov. 18. The Speaker requires a confirmation of his first Pro- a. h. test ; which is granted. 8 Dec. 22. The Commons request a Communication with the Lords Spiritual and Temporal, and present a Petition on the Inheritance of the Crown. The Act of Settlement is repealed, and another Act made, whereby the Crown is entailed upon the King and his sons, in general Tail. Among the numerous Petitions of the Commons, which are granted, is one (No. '22) that all the Sheriffs, before the Election of Knights of the Shire, shall by open Proclamation in their se- veral Counties, give 15 days Respite, to the time and place. It is enacted also, "That at the next County Court after the Delivery of the Writ of Parliament, Proclamation shall be made in full County of the Day and Place of the Parliament, and that all there present, as well Suitors summoned for any cause, as others, shall attend to the Election of the Knights for Parliament, and, in the full county, they shall proceed to the Election freely and indifferently, notwithstanding any request or commandment to the contrary. And after they are chosen, whether absent or present, their names shall be written in an Indenture, under the Seals of all those that did choose them, and annexed to the Writ of Parliament ; which Indenture shall be holden for the Sheriffs Return of the said Writ. And that in Writs of Parliament for the future, shall be inserted this Clause; "et Klectionem tuam in pleno comitatu factam, sub Sigillo tuo, et Sigillis eorum qui Electioni illi interfuerunt, nos in Cancellaria nostra, ad diem et locum in Brevi contentum, certifices indilate." The same day, Wednesday, Dec. 22, the Commons pray that (A) This statute was contrary to the Settlement made in the 5th year of the King, and was therefore repealed in the same Parliament, and is not in the printed Collections. " According to the Language of this Instrument, the Knights. Citizens, and Burgesses, were considered as ' Procuratoreset Attornati'of all the Counties, Cities and Boroughs, and of the wliole People of the Kingdom, 'per Universitates et Communitates' of the same Counties, Cities, and Boroughs, and by the whole People of the same, law- fully constituted, according to the style, manner, and observance of the Kingdom. It was, therefore, assumed, that, by the'usage of the Kingdom, the Knights, Citizens, and Burgesses, though elected and returned only by some, were to be considered as, in effect, Procurators and Attornies for the whole, and had Power to act for the whole; and that, for this purpose, they were assembled before the King and before the Pre- lates and Lords, and all who according to usage, ought to attend the Parliament. This seems to have been intended as a Legislative Declaration of what was then con- sidered the true constitution of the Legislature of the Kingdom, established by Custom and Usage, to give authoritv to the Solemn Act for the Settlement of the Crown." Rep. I, 355. A. R. 9 166 HENRY IV. certain Lords, Spiritual and Temporal, and certain of the Com- mons may be present at the enactment and engrossing of tlie Rolls of Parliament; which is granted. The Parliament is then dissolved, (c) August. {Before F. of Assumption, August 25.) A Council is held at Westminster. Thirty-nine Abbots, Priors and others. Collectors of the Aids granted in the last Convocation, for various Archdeaconries in the Province of Canterbury, are sununoned. (d) 1407. '' October 20." A "Parliament," (u. a.) is held at Gloucester. Writs are issued to the Archbishops, and 17 Bishops and Keep- ers, with the Clause, 25 Abbots, the 2 Priors, to Henry, Prince of Wales, &c., the Duke of York, 8 Earls, .32 Barons, to the Sheriffs of Counties for 2 Knights, "gladiis cinctos," &c., 2 Citizens and 2 Burgesses, " libere et inditferenter per illos qui Proclamationi hujusmodi interfuerint, juxta formam Statuti in ultimo Parliamento nostro editi et provisi, ac nomina eorundem JMilitum, Civium et Burgensium sic eligendorum in quibusdam Indenturis inter te et illos qui hujusmodi Kleccioni interfuerint inde conficiendis, licet hujusmodi eligendi pra^sentes vel absentes fuerint, inseri, eosque, ad dictos diem et locum, venire facias, et eleccionem tuam in pleno Comitatu tuo distincte et aperte factam sub Sigillo tuo et Sigillis coruni qui Eleccioni illi interfu- erint nobis in Cancellaria nostra ad dictos diem et locum certi- fices indilate. Remittens nobis alteram partem Indenturarum priedictarum prtesentibus consutam una cum hoc Brevi." Also to the Chancellor of the County Palatine of Lancaster, and the (c) Rolls — 7 H. 4. This Statute was intended to settle the manner of Election of Knights for those Counties which then sent Members to Parliament, and to ascertain the Persons who were to elect those Knights ; and it was apparently intended, that the Election should be by all the Suitors at the County Court. Who were at different times such Suitors has been doubted ; but it has been admitted that they were now declared to be the Electors of the Knights. This declaration was deemed necessary to remove any doubt. The Commons had often desired a Parliamentary Declaration by whom the Wages of Knights were to be paid; and the answers had always re- ferred to usage. Upon some of those Petitions, it appeared, that the Peers insisted that their Tenants, being represented by them, were exempted from that charge. On the deposition of Richard, the Peers had assumed the Character of one of the Estates of the Realm, all the rest of the Laity comprehending the Tenants of those Peers, being considered as forming another and distinct Estate ; and this Third Estate was considered not as represented by the Second Estate, the Temporal Lords, but by the Representatives of the Commons in Parliament, and throughout the whole reign of Hen. 4, the elected Knights, Citizens, and Burgesses, were treated as Representatives of all the Commons of the Realm, forming the distinct Third Estate; the Temporal Lords appearing only on their own behalf as the Second Estate, of which they were the only Members. Thus gradually had the Constitution of the Legislature been formed ; consisting apparently, at first, only of those styled the King's Barons, in cases, in which the Royal Prerogative, assisted by its elected Council was not deemed competent ; and according to the Charter of John, including all the Tenants in Chief of the Crown generally, or all the Military Tenants in Chief, at least, whenever an Aid was to be granted. The Representative System seems to have been introduced gradually, probably from necessity, and finally established by usage, rather than by positive Law. Much uncertainty prevailed as to who were the Persons represented, and who the Electors ; and no definitive Law seems to have been made,declaring who should be the Electors oftheKnights of the Shire, till this Statute of 7 Hen. 4, api)arently intended to reduce buth to certainty, aiul thus to provide what has been considered the foundation of the System that has since prev.iiled. Rep. L 357. This is the longest Parliament which has been yet recorded. It continued by Pro- rogations nearly a year, an innovation in the ancient Constitution noticed by several Historians " as a great blot in this reign." HoUingshead says, " it was a great loss and damage to the Commonalty, for the expense of their Representatives was almost equal in value to the sum that was demanded for the Subsidy." Chron. 531. P. H. II, lOU. (ords, the King wills and gi-ants and declares, that it shall be lawful to the Lords to commune amongst themselves in that Parliament, and in every other in time to come, in absence of the King, of the State of the Realm, and of the Remedy necessary for the same; and that, in like manner, it shall be lawful for the Com- mons, on their part, to commune together of the State and Re- medy aforesaid : provided always, that the Lords, on their part, and the Commons, on their part, shall not make an}' report to the King of any Grant by the Commonsgranted, and by the Lords assented to, nor of thecommunications of the said Grant, before the Lords and Commons be of one assent and accord, and then, in man- ner and form as has been accustomed ; that is, by the mouth of the Speaker of the Commons. The King wills, moreover, by assent of the Lords, that the Communication made in that Par- liament shall not be drawn into example in time to come, nor turn to the prejudice or derogation of the Liberty of the Estate for which the Commons are come, neitiier then, nor in time to come ; but he wills that liimself, and all the other Estates, shall be as free as they were before." (/) («■) Rolls 9, H. 4. Dugdale. Rep. App IV, 801. P.H. II, lOG. (/) This Declaration seems to have placed the King and the two Houses, each in the separate and independent situation in which they now stand ; not as a novelty, but as a solemn Declaration of what had been accustomed, whatever proceedings of a con- trary tendency might have taken place. This Declaration, with the Statute, 15 Edward II., and the Statute m this Parliament as to Electors, and the repeated Decla- rations in this and former Parliaments of Henry 4, that the House of Commons as then constituted, was the Representative of the Third Estate, including all the Laity, except the Lords Temporal, and that these were a distinct Estate appearing personally in Parliament, seem to have completely settled what was to be deemed the true con- stitution of the Legislature, especially on the important point of Grants of Aid to the King, and the separate and distinct Affairs and Duties of the Two Houses, and their respective separate and independent Proceedings ; and also the relation the King was to bear to the Two Houses respectively, except only as the Privileges of the Clergy may have interfered. These Proceedings clearly distinguished the Legislative Assem- bly as constituted, 9 Henry 4, from that specially provided for granting Aids bv the Charter of John, and probably from every Assembly prior to that Charter, the iflem- 108 HENRV IV, The ParHament is dissolved Fri(\ay, December 2. ^^^^' Convocations of the Clerg^y of York are, by the King's Writs, ordered to be held at St. Peter's, or elsewhere, before the Annunciation, March 25, and before the F. of the Apostles, St. Peter and Paul, (g) 1410. Jail. 27. (15 of St. Hilary.) A " Parliament," (u. a.), *jf' is summoned to Bristol. Writs are sent to the Archbishops and 18 Bishops, with the Clause, 24 Abbots, the 2 Priors, to tlie Prince of Wales, &c., and Duke of York, (5 Earls, .32 Barons, to all the Sheriffs as before, includinsj the Sheritis of the City of York, to the C'han- cellor of the County Palatine of Lancaster, to the two Justices and Council, and to Henry, Prince of Wales, Constable of Dover Castle and Warden. (/;) Ky second Writs, the Parliament is ordered to meet at West- minster. The Bishop of Winchester, the King's brother, there being no Chancellor, declares the Cause of Summons in the Chambre de Peinte, and requires the Commons to elect a Speaker. On the following day, Jan. 28, they again jjresent " Thomas Chaucer," - who is accepted, the King adding, " That since now the Lords and Commons were come to an agreement, he expects the Com- mons will speak no unbecoming words, or attempt anything that is not consistent with decenc_v." On Saturday, the 15th March, the Vigil of Palms, the meeting is adjourned to the Quindene of Easter, April 7, at the particular request of the Commons. They state, that " as every good Chris- tian would desire to be at his own Parish Church and Home at the Festival of Easter in particular, to attend the Service of God, and to amend his own errors, &c., they pray that the King will prorogue the Parliament to the 15th of Easter." In a Petition of the Commons, complaining of the non-observ- ance of the Statutes of the 7th of the King, respecting the Elec- tion of the Knights of the Shire, it is stated, "That the Statute was made in Conservation of the Franchises and Privileges of the Election of the Knights of the Shires, and throughout the Ilealm, and by the King's Progenitors and himself from Parlia- ment to Parliament, confirmed for time of whicli memory did not run. The answer is, "that the Statute mentioned, and other Statutes of the King's Progenitors before made on the same mat- ter, shall be observed." On this Petition, the Statute is made, which adds Penalties to the Statute 7 H.4, but takes no notice of bers of all such Assemblies, as far as can be collected, having formed One Assembly, in which there existed distinctions of rank, but in which all appear to have had equal voice ; and all seem originally to have derived their ch.aracter, as Members, from the Tenure of Land holdon in Cliief of the Crown, and the obligations arising from that Tenure, and the Itight, in consequence, to be considered as representing, in that Assembly, all who held under them mediately or immediately ; the Crown having a right to charge with Tallage, bv its own authority, all its Tenants who were not en- titled individuallv to be Members of that Assembly. The change was gi adual, and in its progress not a'lwavs perceptible, b\it the fact appears to be certain, and in the Keign of Hcniv 1, cvidcnilv ccmiplctelv csUi'-lislieil. Kcp. I. p. 35!)-(;0. See also a general' view as to tlu< existing objects of I'arliamentary Assemblies, as distinguished from tlie former Courts of 'justice, and the Meetings of the King's Council. (g) Rep. App. IV. 803-4. _ „ „ ,^„ (7o Rolls, 11 Henry 1. Uugdalc. Rep, App. IV. 604, 807. P. H. II. 109. HENRY IV. 169 the Allegation of the Antiquity of the Franchises and Privileges mentioned. Hereby, not only the Sheriffs who are guilty of false Returns, are to be fined £100 for each offence, but the Knights so returned, are to lose their accustomed wages, {i) Nov. 3. {Tuesday, Morrow of All Souls.) A "Par- ^*l^- liament," (u. a.) is held at Westminster. is * Writs are directed to the Archbishops, 18 Bishops, with the Clause, 25 Abbots, the 2 Priors, to the Prince of Wales, &c., Duke of York, (J Earls, 32 Barons, to all the Sheriffs, including the City of York, to the Chancellor of the County Palatine of Lancaster, the 2 Justices, Council and Warden. (A-) The Commons are called over, as usual, before the " Seneschal de 1' Otel du Roy." Sir Thomas Beaufort, (Half-brother of the King) Lord Chancellor, by commission, "continues" the said Parliament to the next day. He then declares the cause of Summons, and desires the Commons to elect a Speaker. On the following day, Nov. 5, they again present "Thomas Chaucer," whose excuse not being allowed, he prays that he may speak under the usual Protestation. It is granted that he may speak as others had done, "but that the King will have no novelties introduced, and will enjoy his Prerogative." After three days, he gives his answer in writing, " That he desires no other Pro- testation than what other Speakers have made, and that if he shall speak anything to the King's displeasure, it may be imputed to his own ignorance, and not to the Commons ;" which the King grants. The Commons, hy assent of the Bishops and Lords, grant a Subsidy as in the two last Parliaments, proceeding "from their own good Will, and not of Duty." They make the first Tax upon Land. The Parliament ends on the 19th December. A Convocatio7i of both Provinces is ordered to assemble before the Octaves of St. Martin, Nov. 18. A Convocation of the Clergy of York, is ap- hi2. pointed to meet before the F. of St. Hilary, Jan. 13. (/) '^\^' February 3. (Morroto of the Purification.) A " Par- u\3. liament," (u. a.) is summoned to Westminster. Writs issue to the Archbishops and 18 Bishops, with the Clause, 24 Abbots, the 2 Priors, to the Prince of Wales, 5 Earls, 33 Barons, to all the Sheriffs of Counties, to the Sheriffs of Bris- tol, London, York, Norwich and Lincoln (first time), omitting Newcastle, to the Chancellor of Lancaster, the Justices, Council and Warden, (wi) (i) It is diflRcult, says the Rep. I. 3G3, to ascertain what was meant by the words " de Temps dont Memoire ne court." They probably meant a considerable length of time ; and the lapse of above 100 years, from the 23 Edward 1 to 11 Henry 4, would answer to the words in that sense. In many Statutes, they expressed a great length of time, without reference to what is now termed the Time of Legal Memory. (A-- Rolls 13, H. 4. Dugdale. Rep. App. IV, 812. P.H. II, 1U». The dates are taken from the Rolls, though these are occasionally erroneous. In the present Parlia- ment the day after meeting Nov. 3, is called Nov. 3, instead of Wednesday, Nov. 4. (i) Rep. App. IV, 812. (?«■) Dugdale. Rep. App. IV, 813. Walsmgham says this Parliament met, but that the King did not live to see the end of it, dying on the 'idth March. That the Knights, Citizens and Burgesses attended, is evident from the claim for payment of their Wages, in the following Parliament. 14 170 HENRY V. Convocations of the Clergy of both Pi-ovinces are ordered on some day before the Octaves of the Purifi- cation. («) HENRY V. {March 21, 1413.) 1413. May 14. [Three Weeks after Easter.) A "Parlia- "* i"' ment" (u. a.) meets at Westminster. Writs are issued to the Archbishops and 18 Bishops, with the Clause, to 25 Abbots, the 2 Priors, C Earls, 32 Barons, to the Shei'iffs of Counties, and of the Cities of Bristol, London, York, Norwich, Lincoln, and the Town of Newcastle upon T^aie, to the Chancellor of the County Palatine of Lancaster, to the two Justices, 10 of the Council, and the Warden, (o) The Bishop of Winchester, (the King's Uncle) Lord Chan- cellor, opens the Session in the Chambre de Peinte, and desires the Commons to go to their accustomed place in the Abbey, at seven o'clock next morning, and choose their Speaker. On the next day they present " William Stourton," who begs to be ex- cused for his small estate, insufficient knowledge, and his infir- mities ; and being afterwards disabled by sickness, he is replaced, on the third of June, by " John Dorewood," who receives the King's approbation. May 25. The Commons petition, " that Costs may be al- lowed to the Knights, Citizens, and Burgesses, summoned to Parliament in the 14th Henry IV., though nothing was done in that Session." The King replies, " That if, upon view of the Kecords, any the like Precedents can be found, allowance of their Fees shall be made." The Commons pray that the Statutes for Elections of Knights of Counties may be kept ; adding to them, that the Knights elected shall be Resident, at the time of the Election, in the Counties for which they shall be elected ; that the}' shall be elected by the Knights, Esquires, and Commons of the Counties, where they shall be elected, and not otherwise; that the Election shall be made in presence of the Sheriff, and not by the vote, assent, or commission (3Iandemcnt), of those absent ; and that the Election for Cities and Boroughs shall be of Citizens and Burgesses Resident and Enfranchised in tlie same Cities and Boroughs, and no others. The King agrees that the Knights of Counties shall not be elected, unless resident within the County on the day of the date of the Writ ; and that the Knights, (n) Rep. App. IV, 815 (o) Holls, 1 n..'>. Dugdale. Rep. .'Vpp. IV., Slfi. P. H. II. 127. In the course of the Heigii of lien, l, inucli had been done to ascert.".in the true Constitution oftlic Legislative .Assembly of the Realm, and to assign toils component parts tlieir respective Cliaraeters and Duties, and tlieir mutual Relations ; so tliat, at the close of his Keign, it may be said to liave approached nearly to what it now is. The Reign of his Son, chiefly employed in Foreign conquest, does not aUbrd much information. Rep. 1, 304. 'I'hc RolU call this day May 15, though Easter day being April 23, it must have been 14. HENRY V. 171 Esquires, and others, who shall be Electors, shall be also liesident in the same manner ; and that the Election of Citizens and Biu'gesses shall be as prayed. On this Petition and Answer is founded a Statute. (1 Henry V. ch. 1.) (;;) A Convocation for the Province of York is ordered at St. Peter's, or elsewhere, before the F. of St. Peter ad Vincula, Aug-. I. {q) ^^ Jan. 29." A "Parliament," (u. a.) is summoned to !*!*• Leicester. ^'i"* Writs are addressed to the Archbishops and 19 Bishops, with the Clause, 25 Abbots, the 2 Priors, to the King's Brother, Duke of Clarence and Earl of Albemarle, the Uuke of York, 9 Earls, 29 Barons, to all the Sheriffs of Counties and Cities, as before, to the Chancellor of the County Palatine of Liancaster, the 2 Justices, Comicil and Warden. (;•) The Parliament is prorogued, by other Writs, to Monday, " April 30," at Leicester. a. r. The Assembly is held in the Hall near the Church and the JMansion of the Freres Menours. The Commons are assigned a House called the Fermerie, belonging to the said l"'reres. All Petitions are to be delivered before the JMonday following, jMay 7' Tuesday, May I, the Commons present their " Parlour et Procuratour," " Mr. Wautier Hungerford," and grant a Subsid}'. A Petition of the Gentlemen and others, who hold their Lands by Knight's Service, within the Gyldable, in the County of Kent, states that the Wages of the Knights for that County, were not leviable of others within the County, according to the custom there, but only of those who held their Lands by Knight's Service, as -well within, as without Franchises; and lately, the Sheriffs levied the Wages only of those who held by such Ser- vice within the Gyldable, and not within the Franchises, con- trary to ancient custom and usage ; they pray that the King will ordain that the Wages shall be levied generally of all those who hold by Knight's Service, as well within, as without Franchises, except the Knight's Fees in the hands of the Archbishop of Can- terbury, and the other Lords, Spiritual and Temporal, who come to the Parliaments by Authority of the King's Writs. Tt is an- swered, " Let the Statute thereof be put in due execution, (s) (p) Rep. I, .3G4. The Rolls also give a Petition for levjing the expences of Knights, Citizens and Burgesses. (?) Rep. App. IV, 818. (?■; Dugdale. Rep. App, IV, 818-821. P. H. II, 1.34. Where see at length the Proceedings and various Speeches for and against a War with France. The KoUs, 2 H. 5, contain only the prorogued Parliament, as usual. ys) Rolls 2, H 5. Dugdale. The only Statute which appears, is that of 12 R. 2, c. 12, which, as well as the Petitions, shew, that much of the Law depended on usage. The County of Kent seems to have been the only one in which the wages of Knights were, by usage, paid only by those who held Knights Fees, and not by other Free- holders. In all the Counties, tlie Lords, Spiritual and Temporal, claimed exemption for their Lands: which claim was admitted by the Statute, except such Lands as were purchased, and then only, if such had not before paid. The exemption of the Lords Spiritual and Temporal, and of Cities and Boroughs w-hich sent Members, and the utage in the county of Kent, all originated probably in the supposition that the Lords represented their own Tenants, and that in the first constitution of elected Represent- atives for Shires, these appeared instead of the Tenants in Chief of the Crown bv Knights" Service, who were to be generally summoned, according to the Charter o'f 172 HENRY V. A. R. November 19. {Monday after Octaves of St. Martin.) A "Parliament" (u. a.) is held at Westminster. Writs are dh-ected to all the Prelates, as before, to the Duke of Clarence, &c., the Duke of Bedford and Earl of Kendall, the Duke of Gloucester, Earl of Pembroke, 12 Earls, 28 Barons, to all the Sheriffs and Chancellor of Lancaster, Justices, Council, and Warden. The Writ to the Sheriffs of Bristol directs the Citizens elected as Knights and Burgesses, to be elected as the Knights of the Shires. The meeting takes place in the Painted Chamber of the Palace. The Bishop of Winchester, (King's Uncle) Lord Chancellor, opens the Session. The Commons are assigned a Mansion, called Le Freytour, in the Abbey of Westminster, and having been desired to elect a Speaker, on the next day, Tuesday, present " Thomas Chaucer, Esquier," as " Commune Parlour." B// assent of the Bishops and Lords, they then vote a Supply, {t) A Convocation of the Clergy of York is or- dered before the Morrow of St. Hilary, at St. Peter's, or elsewhere, {u) U15. October 21. {Monday after St. Liike^ Evangelist.) 3 ' A "Parliament" (u. a.) is summoned to Westminster. Writs from John, Duke of Bedford, Custos, are issued to the Prelates as before, to 2 Earls, 17 Barons, to all the Sheriffs and Chancellor, the Justices, Council and Warden, as before. The Parliament is prorogued to November 4 . ( Monday after All Saints. ) John, Duke of Bedford, (Brother to the King.) presides. The Bishop of Winchester, (Uncle,) Lord Chancellor, declai-es the Cause of Summons. On Wednesday, the third day, the Commons present Mr. Richard Redman as " Pai-lour," and make a Grant, {v) ^4^16' A Convocation oi \\\e Clergy of York is or- ■^s"*' dered at St. Peter's, or elsewhere, before the Octaves ot St. Hilary. March 16. A "Parliament" (u. a.) is held at West- minster. Writs are issued to the Prelates as before, to the King's Brothers, the Dukes of Clarence, Bedford, and Gloucester, John. The usage must have commenced subsequently to that Charter, and on no other principle, than that the Electors were to pay the Elected. Before, and in the 2d H. 5, it was established that the Knights represented all the People ofthe Shires, and the ground of exemption for the Tenants of the I-ords was at an enJ. They no longer represented their own Tenants. The exemption had become a mere Privilege founded on usage. They had become a separate and distinct branch of the Legislature, having the character they now maintain. Rep. I. 3G.5, ivc. There seems to have been no positive Law extant, when the questions were first raised, who were to be the Electors, and who were chargeable with wages, and tliat the Legislature had no guide except usage, which was therefore the " Author of that Con- stitution of the Legislative Assembly, acknowledged to be the estabUshed Law ofthe Land." In this Parliament a Law passes against Wicklifife's Followers, " who read the Scrip- tures in English." (0 Rolls, 2 H. .■;. Dugdale. Rep. App. IV. 823. P. H. II. 143. (u) Kep. App. IV. K2(i. (») Rolls, 3 H. 5. Dugdale. Rep, App. IV. 827-830. V. H. II. 118. HENRY V. 173 6 Earls, 20 Barons, to all the Sheriffs and Chancellor, Justices, Council, and Warden, (ic) The Assembly takes place in the Painted Chamber, (" Chambre de Peinte,") when the Bishop of Winchester, Lord Chancellor, opens the Cause of Summons. On Wednesday, the Commons retiring to their House, the Freytour in the Abbey of Westminster, elect Sir Walter Beauchamp, Speaker ; who being allowed, with the Assent of the Bishops and Lords, they make a Grant. On Wednesday, 8th day of April, fourth week of the Par- liament, it is adjourned to Blonday, in three weeks of Easter, May 10, when they again meet, and the Cause of the Adjourn- ment is declared. The Commons state, among other Petitions, that the Wages of Knights ought to be levied as well within Franchises as without, and pray that the Sheriffs be authorized to levy those Wages accordingly, excepting the Demesne Lands in the hands of those Lords, Spiritual and Temporal, as well within I'Van- chises as without, who come to the Parliament by authority of the King's Writs ; considering that the said Knights in every County are elected, and come, as well for the said Franchises, as for the rest of the said Counties throughout all the Kingdom. It is answered, " Let the Statute, 12 Richard II., be kept in all points." (r) October 19. A '* Parliament'* (u. a.) meets at West- 14.16. minster. ^'^' AVrits are directed to the Archbishops and Bishops as before, to 23 Abbots, the 2 Priors, the 3 Dukes, 10 Earls, 24 Barons, to all the Sheriffs, and others, as before. The Bishop of Winchester, Lord Chancellor, opens the Session, and, on AVednesday, the third day, the Commons pre- sent their Speaker, Roger Flour, Esq., who is accepted. With the Assent of the Lords, they make a large Grant, and the Clergy do the same, (y) November 16. A " Parliament" (u. a.) meets at i^'^. Westminster. ^'^' Writs from John, Duke of Bedford, Custos Anglian, are addressed to the Archbishops and 19 Bishops, with the Clause, 24 Abbots, the Prior of Coventry, (the Prior of St. John being now, and for some time omitted,) the King's Uncle, Thomas, Duke of Exeter, 4 Earls, 14 Barons, all the Sheriffs of Counties and Cities, the Chancellor of Lancaster, the Justices and Council, and War- den, {z) Being assembled in the Painted Chamber, Thomas Langley, Bishop of Durham, Lord Chancellor, declares the Cause of Meeting. {w) Rolls, 3 H. 5. Dugdalc. Eep. App. IV. 832. P. H. II. 148. {x) But this Statute makes ancient usage the only guide. This constant adherence to usage offers strong ground for presuming, that the Origin of the Representation of the Counties, was the impossibility of assembling all the Tenants in Chief of the Crown, according to the Charter of John ; that before that Charter, and afterwards, until the Representation of the Sliires was established, those Tenants, generally, or those by Military Service, were deemed entitled to be summoned, perhaps for all purposes, but certainly for extraordinary Grants to the Crown, and that the substitution prevailed in consequence of usage founded on Convenience, not on any positive Law. Uep. I. 3G7. (y) Rolls, 4 H.5. Dugdale. Rep. App. IV. 835. P. H. II. 1.52. (») Rolls, 5 H. 5. Dugdale ; who calls the month September. Rep. App. IV. 838. P. H. II. 155. 1T4 HENRY V. On the third day, the Commons, under the usual command, elect and present their Speaker, lloger Flour, Esq., who, with the usual Protestation, is allowed. With the Assent of the Bishops and Lords, the Commons make a Grant. Troceedings are taken against Sir John Oldcastle, as a Heretic, and an adheient of Wickliffe. Parliament is dissolved on the 17th of Decemher. I'^iS' A Convocation for the Province of York is '5 " ordered at St. Peter's, or elsewhere, in the Octaves of St. Hilary, (a) 1*19« A Convocation oi i\ie Province of Canterbury '7 ' is ordered at St. Paul's, London, or elsewhere, on the 30th day of October, For a competent Aid. (i) October 16. A " Parliament" (u. a.) meets at West- minster. Writs are issued by the Gustos, to the Prelates as before, 3 Earls, 13 Barons, to all the Sheriflfs, Chancellor of Lancaster, the Justices and Council, and Warden, (c) The Bishop of Durham, Lord Chancellor, declares the Cause of Summons. Receivers and Tr^^ers of Petitions are appointed, as usual, for England, Ireland, Wales, and Scotland, with Gas- cony, and other foreign Dominions. The Commons present, for a thii'd time, lloger Flouer, Esq., their Speaker, and, on Nov. 13, ivith Assent of the Bishops and Lords, make a Grant to the King. 14^20. A Convocation for the Province of York is ■7^^* ordered for the Octaves of the Epiphany, Jan. 13. {d) December 2. [Monday after St. Andrew, Apostle.) A " Parliament" (u. a.) meets at Westminster. Writs from the Duke of Gloucester, Custos Anglite, are issued to the Prelates as before, to 3 Earls, 13 Barons, to all the She- riffs and others as before, {e) The Bishop of Durham, Lord Chancellor, opens the Parlia- ment. On VVednesday, third day, the Commons present their Speaker, Roger Hunt, Esq. A Statute is made, enacting, that whereas the Government of France is devolved on the King, which will require his frequent absence from England ; therefore if a Parliament shall be sum- moned b}'^ Writs of the King's Lieutenant, and the. King arrive soon after sucii Issue, yet that Parliament shall not be dissolved, nor new Summons made, but that it shall meet by virtue of the former. (n) Rep. App. IV. 841. (6) Rep. Apj). IV. 841. (c) Rolls, 7 11. f). Dugdale. Rep. App. IV. 842. P. H. 11. IGO. (rf) Rep. App IV. 844. (e) Rolls, 8 H. .'). Dupdale. Rep. App. IV. 845. P. H. II. 161. Where it is noticed, that the Ahridgment of the Hecords gives a list of Peers summoned to a Par- liament to be held at Westminster on the 2d day of March, 1420, a. r. 7, but takes no furtlicr account of it. The Writs in the present Parliament to the Chancellor of I^ancaster are in the Record at full length, and correspond with those to the Sherifls of Counties. Rep. App. IV. 848. A. K 8 HENRY VI. 175 The Commons pra^', that whereas they are informed, tliat their 1421. Petitions cannot be half engrossed before they are sent across the *• ^^ Sea to the King for his Assent, all such Petitions shall be an- ^ swered and terminated within the Kingdom in tiie present Par- liament, and if any remain, they shall be null and void, and so in all Parliaments. May 2. A " Parliament" (u. a.) is held at West- minster. Writs are issued to all the Prelates, as before, to the Dukes of Bedford and Gloucester, 6 Earls, 20 Barons, to all Sheriffs, the Chancellor of Lancaster, and all others, as before. The Bishop of Durham, Lord Chancellor, declares the Cause ofjMeeting; and on the fifth day, Tuesday, the Commons pre- sent Thomas Chaucer, Esq., as their "Parlour." (/) A Convocation oi the Clergy of the Province of York is ordered, for an Aid, at St. Peter's, or elsewhere, on the Morrow of St. Matthew, Apostle, Sept. 22. [g) ^^ December 1." A "Parliament," (u. a.), meets at Westminster. Writs from John, Duke of Bedford, Custos Angliie, summon the Prelates as before, 3 Earls, 12 Barons, all the Sheriffs and others, as usual. The Bishop of Durham, Lord Chancellor, opens the meeting. On Wednesday, tlie third day, the Commons present their Speaker, Richard Banyard, Esq., to the llegent, who being allowed, on the same day, luith the consent of the other House, they make a Grant to the King. (Ji) HENRY VI. {SejJt. 1, 1422.) Nov. 9. {Mo7iday before St Martin.) A " Parlia- U22. ment," (Colloquiimi et Tractatiis cum Prselatis, Mag- ^\^' natibus et Proceribus Regni), is held at Westminster. Writs are issued " per ipsum llegem et Consilium " to the 2 Archbishops and 19 Bishops, with the Clause, to 24 Abbots and the Prior of Coventry, to the King's Uncle, Humfrey, Duke of Gloucester, to the Duke of Exeter, to 5 Earls, to IG Barons, including two "Chivalers" and I Magister, to all the Sheriffs of Counties, Cities and the Tov/n of Newcastle, (the Chancellor of the County Palatine of Lancaster being omitted), to the Chief Justice and 10 Judges and others, and to the Con- stable of Dover Castle, Warden of the Cinque Ports, (i) (/I Rolls, 9 H. 5. Dugdale. Rep. App. IV. 848. P. H. II. 1G2, where see the Proceedings, relating chiefly to Subsidies, the Peace with France, and other matters. (g) Rep. App. IV. 851. (A) Rolls, 9 H. 5. Dugdale. Rep. App. IV. 8.51. P. H. II. 16.5. (0 Rolls, 1 H. 6. Dugdale. Rep. App. IV. 8.55. P. H. II. 170, where see the Commission and Proceedings, See also Rep. 1.363. 176 HENRY VI. A Commission, in the King's name, empowers Humphrey, Duke of Gloucester, the King's Uncle, to open, continue and end the Parliament. The Archbishop of Canterbury declares the Cause of Sum- mons, and, as usual, desires the Commons to choose a Speaker, and present him next day. Receivers and Tryers of Petitions are appointed for England, Ireland, Wales, Scotland, the Isles and foreign parts. On Thursday, the 4th day, the Commons present to the Duke, their Speaker, Roger Flouer, Esq., elected for the 4th time. Nov. 16. The Bishop of Durham is appointed Lord Chan- cellor. IMany other appointments are made. The Government is established during the King's minority, and, on the 18th Dec, the Parliament is dissolved. 1423. « October 20." A " Parliament," (u. a.), meets at ^'2' Westminster, in the Chambre de Peinte. Writs from the King, ai-e addressed to all the Prelates as before, to the Dukes of Gloucester and Exeter, to 5 Earls, 15 Barons, to all the Sheriffs, (omitting the Duchy of Lancaster), to the Chief Justice and 10 Judges and others, and "Warden, (k) The Duke of Gloucester is again appointed Lord President. The Bishop of Durham, Lord Chancellor, opens the Session, and after the customary forms, the Commons, on Friday, Oct. 21, present their Speaker, John Russel, Esq., who is accepted. On the 17th Dec, the Parliament is adjourned to Jan. 15., and '*^'*' continues sitting till Feb. 28, when a Subsidy is granted. Convocations of the Clergy of both Pro- vinces are ordered to be holden before the Quindene of St Michael, Oct. 13. (/) 1425. " Jpril 30." A " Parliament," (u. a.), meets at Westminster, in the " Camera depicta." Writs are sent to all the Prelates, as before, to Humj)hrey, Duke of Gloucester, to the Duke of Exeter, 5 J'-arls, 19 Barons, (including 17 " Chivalers," one " JNliles " and one "Magister,") to all the Sheriffs, and (again) to the Chancel- lor of the County Palatine of Lancaster, to the Chief Justice, 7 Judges and Members of Council, 2 Servieutes Regis, and the Warden. (;«) The Queen occupies the Throne, holding in her lap the In- fant King. The Bishop of Winchester, Lord Chancellor, opens the Session, and, in tlie usual course, on Wednesday, IMay 2, the Commons present Thomas Wauton, Knight, for then- Speaker (" Praslo- cutor.") In a case of Precedency of Peerage, the Duke of Gloucester, witli the Lords Spiritual and Temporal, sit as Judges, and "tvith the Commons," are all sworn to give upright Judgment, with- out favour or affection. (}.■) Rolls. 2 H. G. Dugdale. Rep. App. IV. 857. P. H. II. 176. (0 Hep. App. IV. Sb'J. (?«) Rolls, 3H.6. Dugdale. Rep. App. IV. 860. P. H. II. 184-187, &c. Ilall, Hollingsliead, and Fabian, give an account of tlie Procession of the Infant King, through the City, to the Parliament at Westminster. A. R 3 A, R 3 HENRY VI. 177 Oil Friday, 20tli May, Parliament adjourns till the following Tiiiirsday. Many Acts are passed, and on the last day, 14 July, a Grant is made. ^^ February IS" Monday. A "Parliament," (ii. a.), i*26. is held at Leicester. ^*4,"" Writs are addressed to the Prelates as before, to the Kintf's Uncles, the Dukes of Bedford and Gloucester, and to the Dukes of Exeter and Norfolk, 2 Earls, 23 Barons, of whom are 22 "Chivalers" and I " Maj^ister," to all the Sheriffs, Chief Justice and 9 Judijes, &c., and Warden, as before. The Bisliop of Winchester, Lord Chancellor, opens the Meet- ing, in the great Hall of the Castle. John, Duke of Bedford, is appointed, by the King's Letters Patent, Commissioner to prorogue and dissolve the Parliament at his pleasure. Feb.2Q. "Richard Vernon, Knight," is chosen Speaker of the Commons. March 8. John Kempe, Eishop of London, (afterwards Arch- bishoj) of York), is appointed Lord Chancellor. It is enacted, "That the King's Council shall have power to end all such Bills as are not finished by Parliament." March 20. The Chancellor adjourns the Parliament, by a Commission from the King, to Monday after the F. of St. George, April 29. June 1, the last day of the Parliament. By common assent, a Subsidy is gi-anted. («) October 13. (15 of St. Michael.) A "Parliament," its?- (u. a.), meets at Westminster. "^'g"" Writs are addressed to all the Prelates as before, again in- cluding the Prior of St. John of Jerusalem, to the Dukes of Glou- cester and Norfolk, 5 Earls, 21 Barons " Chivalers," to all the Sheriffs, to the Sheriff of Bristol, for 2 Burgesses -only, to the Chancellor of Lancaster, to the Chief Justice, J udges and others, and Warden, (o) Tlie King is present in the " Camera depicta," and the Arch- bishop of York, Lord Chancellor, declares the Cause of Meeting. On Tuesday, 14, the Commons come into the Parliament Chamber, and beg a day's delay. On the 15th, they present John Tyrell, as " Proelocutor." (n) Rolls, 4 H. 6. Dugdale. Rep. App. IV. 8G3. P. H. II. 191. The quarrel between Humphrey, Lord Protector, and Henry Beaufort, Bishop of Winchester, great Uncle to the Knig, is referred to this Parliament. It has been called " the Par- liament of Batts," from the Clubs, whicli the Adherents of each Party carried on their Shoulders. The Editors of the Pari. Hist. II. 199, speak of " this Session" as conti- nued to 30th January following, 1427, when the Archbishops of Canterbury and York, with certain Bishops and Abbots, " went to the House of Commons, then sitting ac- cording to custom in the Rifectory of Ike Abbey of Westminster." But the Parlia- ment met in Leicester, and sat there also on the adjournment. See pp. 191-198. The Kep. I. 3G8, gives the Petition of the Commons in respect of the City of Bristol, which had been made a County, 45 Edw. 3, that, up to 4 Hen. G, two men had an- swered, as well as Knights for the said County, as Burgesses for the said Town and Borough ; that in the present Parliament, two had been summoned and sent as Burgesses only. It is prayed that the persons returned might apjjcar for the County as Knights, and for the Town and Borough as Burgesses, iVc. " The King wills that no prejudice should arise against the Charter." In the following Parliament, nevertheless, the same deviation occurs from the accustomed form. (o) Rolls, G H. 6. Dugdiile. Ai>p. Rep. IV. 8G6. In the Pari. Hist. II. 199 to 20.5, there is much confusion of dates. The Editors call this Parliament a. r. G, 1428, but October, a. r. G, is in 1427. Aa 178 HENRY VI. 1428. Monday., 8th Dec. Parliament is prorogued to Jan. 27, 15 of St. Hilary. On Thursday, 25 March, the last day, a Subsidy is granted. Among the Commons' Petitions is one on the Election of Knights. It recites the 7 and 11 H. 4, for Penalties on Sheriffs, and prays that Sheriff's and Knights unduly returned, may have their answer and traverse against Inquests, &c., and not be en- damaged till duly convicted, &c. 1429. October 13. (15 St. Michael.) A "Parliament," (u. a ) "*8^' is summoned to Westminster. Writs are directed to all tlie Prelates, including the Prior of St. John, as before, to the Dukes of Gloucester and Norfolk, 7 Earls, 26 Barons (Chivalers), to all the Slieriffs, to the Sheriffs of Bristol for two, as Knights and Burgesses, to the Chancellor of Lancaster, to the Chief Justice and 9 Judges, &c., and AVarden. By Second Writs, the time of meeting is "abbreviated" to U29, Sept. 22, {Thursday, Morrow of St. Matthew) in the ^'b' Palace at Westminster, {p) The King presides in the " Camei-a depicta." The Arch- bishop of York, Ijord Chancellor, opens the Parliament. On Friday (23) the Commons announce their election of William Alyngton, Esq., as " Prelocutor," and beg a delay till JMonday 26, when they present him, in the usual form, to the King. On the \2th and 20th Dec, they make Grants. On this latter 1430. day, the Parliament is prorogued to Monday after St. Hilary A. R. next, Jan. 16. 8 On Feb. 23, the last day, a Subsidy is granted. The Clergy petition, " that the Bishops and inferior Clergy coming to, staying at, and returning from, ' Convocations,^ shall have the same privilege in regard of the protection of their Ser- vants, as the Nobles and Commons." The Commons petition, " That whereas Knights of the Shire, had of late been chosen by outrageous and excessive numbers of People and of small Substance, for the future, the said Knights shall be elected in every County b}' People resident and dwelling in the said Counties, whereof every one shall have in free Tenements, to the value of 40s. by the year, at the least, above all Charges ; and that they wliich shall be so chosen shall be dwelling and resident within the said Counties." A Statute is made thereupon ; and in the Parliament, a. r. 10, it is declared " That the said 40s. per annum must be Freehold in the same County." ((/) The Commons petition, also, that the Burgesses may have (p) Rolls, 8 H. 6. Dugdale. Rep. App. IV, 869-872. P. H. II, 205. (9) For the Act passed in consequence of this Petition of the Clergy, see Stat. 11, 238, c.l. The difference in the value of money then and now, and the proportion which the 40s. of 1430 should bear to the same sum in late and present years, may be ascertained by the price of Provisions in the 2 periods. In the reign of Henry .5, a. D. 141G, according to tabian's Chronicle, Wheat was so dear as to sell for 16s. the Quarter, and in 1422, it sold for 8s., so tliat 12s. may be called the average. In 1423, wheat sold for 8s., in 1425, at 4s., 1437, at .5s 4d., 1444, at 4s. 4d. In some intermediate years of very great scarcity, it had indeed risen to £1 : 6s. 8d. Of the 4 years above named, the average should be ;is. .5d. See the P. H. II, 169-372. As the Qualification of that day was placed by the Conations ihrmselves at the yearly freehold value of about Seven Quarters of Corn, the Constituencies of Counties may, by this standard, calculate wliat thcv have gained or lost by the practice wliich has been established since the vear 1430. HENRY VI. 179 their Writs to the Sheriff of tlie Shire to levy their Wages, 2s. per day, as was accustomed. It is answered, " the King will be advised." Also, " That all Cities, Boroughs, Towns, and Hamlets, and the llesiants therein, shall thenceforth contribute forever to the Expenses of the Knights elected, or to be elected, to the Par- liaments, excepting the Lords Sjiiritwal and Temporal coming to Parliament, and Churchmen, and those Cities and Boroughs, which find Citizens and Burgesses at the Parliament." It is answered, " Le lloi S'advisera." A Complaint of Breach of Privilege is made ; a Servant of one of the Bui-gesses having been committed to the Fleet on an ex- ecution of debt. He is ordered to be discharged, and to be ap- prehended at the end of the Parliament. (>•) January 12. {Fridaij before St. Hilary.) A " Par- ]43i. icimentj" (u. a.) assembles in the Camera depicta, West- -*•''• minster. Writs are issued by Humphrey, Duke of Gloucester, Guardian, to the Prelates, as before; to Humphrey, Duke of Gloucester, 5 Earls, 21 Barons (Chivalers), to the Sheriffs of Counties for Knights, to be elected " j)er homines in eodem Comitatu commo- ranteset residentes quorum quilibet habeat liberum tenementum ad valorem quadraginta solidorum per annum ad minus, et quod illi qui sic eligendi hierint, sint similiter in eisdem Cumitatibus commorantes et residentes, quodque illi qui habuerint majorera numerum ipsorum qui quadraginta solidos j)er annum et ultra expendere possunt, ut prsedictura est, per Vicecomites cujuslibet Comitatus per indenturas inter ipsos Vicecomites et praL'fatos electores inde conficiendas, sigillatas, Milites pro Parliamento retornentur, et quod quilibet Vicecomitiun Angliae habeat auc- torltatem Parliament! prsedicti examinandi super sacra Dei Evangeliaquemlibet hujusmodi Electorem, quantum per annum, expendere possit. Et si aliquis Vicecomes Milites de veniendo ad Parliamentum in contrarium (^rdinacionis ])r8edict?e retorna- verit, habeant Justiciarii ad Assisas, in Sessionibus suis Assis- sarum, potestatem, auctoritate supradicta, de et super hoc, &c. &c., tunc idem Vicecomes penam Centum Librarum incurrat, ac imprisonetur per unum annum, absque manucaptione, &c," also for Citizens and 13urgesses, to all other Sheriffs, the Chan- cellor of the County Palatine of Lancaster, the Chief Justice, 10 Judges and others, and Warden, (s) (»•) The Law on this subject apparently still remained in an unsettled state and de- pended on mere usage, founded on no principle, but simply on usage, charging only those who had been accustomed to be charged. This left the question of usage itself, open to dispute, and in the following year, 9th H. 6, an agreement was made between the Commons and the Inhabitants of Ely, and the Commons and Inhabitants of the rest of the County of Cambridge, by which, to put an end to long disputes, in consider- ation of £200 paid by those of the Isle of Ely, they were to be exempt for ever from payment of wages to Knights for the County, as they had claimed to be by custom ; and Lands were to be purchased with the money and charged with a third jjart of the expences of the Knights of the Shire for ever, and the Commons and Inhabitants with- in the Isle were to be discharged. This was again confirmed by the Act, 27 H. (i. In Cities and Boroughs great irregularity probably prevailed, for want of settled rules for the conduct both of the Sheritt's of Counties in issuing their precepts, and the return- ing officers in returning writs in Cities and Boroughs, and therefore it was enacted, in the 23d H. G, that the Sheriffs should issue precepts to the proper Officers of Cities and Boroughs, containing adirection, that in Cities, the Election should be by the Citizens of the City, and in Boroughs by the Burgesses of the Borough. But who should be deemed'Citizens and Burgesses seems still to have depended on usage, where not regu- lated by Charter of the Crown." Rep. I. 369. {s) Rolls, 9 H. 6. Dugdale Rep. App. IV. 875. P. H. II. 212. 180 HENRY VI. The Archbishop of York, being infirm, INIagister W. Lynwode, Doctor of Laws, declares tor him, the Cause of Summons. Satnrday, Jan. 13. The Commons beg a dehiy till Monday 15, when they present John Tyrrell, their Speaker, in the usual lorm. March 20. The last day, a Grant is made. 1432. May 12. (Monday.) A " Parliament," (u. a.) is held ^•q- at Westminster, by the King, in the " Camera depicta." Writs are issued to the Prelates, as before, the Dukes of Gloucester and Norfolk, G Earls, 24 Barons, and to all others, as before. (0 The Bishop of Bath and Wells, Loi-d Chancellor, declares the Cause of Meeting. Wednesday, 14. The Commons present John Russell, as Pielocutor. The Parliament sits till July 17, when a Subsidy is gi-anted. A Petition (No. 5) relating to the Statute of Elections, (a. r. 8.) prays an amendment of the same, so that the Tenements may be frank Tenements of 40s. in the same County. 1433. « July 8." A " Parliament," (u. a.), is held at West- ii ' minster, before the King, in the Camera depicta. Writs are addressed to the Prelates as before, to the Dukes of Bedford, Gloucester and York, fi Earls, 20 Barons, (including 23 Chivalers and one " JNIiles,") and to all others as before. The Bishop of Bath and Wells, Lord Chancellor, declares the Cause of Summons. July J]. The Commons present " Roger Hunt" as Pre- locutor. 1433. Auff. 13. The Parliament is "prorogued" on account of the A. K> 12 " In a grant to the King of 20s. for every Knight's Fee, there is an exception for the County of Kent, in which, the Wages of the Knights were charged by custom on Lands holden by Kniglits' service only, in favour of those Fees which were chargeable with the expences of the Knights of the Shire." Rep. I. 369. (0 Rolls, 10 H. 6. Dugdale. Rep. App. IV. 879. P. H. II. 216. In the Archte- ologia, vol. 24, p. 317, &c., are preserved some curious " Proceedings of the Corpora- tion of Lynn," in respect to this Parliament. From them we may probably draw the following conclusions. First, that the business which was committed to the Burgesses elected, appertained (exclusively ?) to the affairs of the Borough itself. Secondly, that though no positive Pledges were given by such Burgesses, it was cus- tomary for them to make a twofold report on their return home, first, as to what they had done in regard to the particular trust confided to them ; and, secondly, as to the general transactions of the Parliament, which, in these instances, they "ingeniously related," or "discreetly and seriously declared." That such a declaration should be expected in tho^e days can excite no surprise. There were probably no other means by which information, so important and interesting, could be obtained. Inter-com- munication was difficult and rare, and Morning and Evening Journals did not exist. Thirdly, that the Election of Burgesses was by a very hmited number of persons, not exceeding twelve, who were called by the Mayor, by four and by eight, from the 24 of the corporate body and tlie Councils, to the entire exclusion of the mass of the people. Many instances of this form of Election appear in tliese Proceedings. From them we may also make another inference which determines the doubtful day of the Feast of St. Margaret. It appears, on the following evidence, that this was kept on the 2()th of July. According to the Rolls, &c., the Parliament commencing on the 12th of May, 1432, terminated on the 17th of July. By tlu- I'l-ocecdings, it appears, that on July 23, 1432, one of tlie Burgesses gives an Account of tliat rarluuiicnt, wiiich, says the same record, "lasted from May 12 to Thursday before tlic Fea>t i>f St. INIar- garet, which is July 17." It continues, " and so the Parliament held 70 days, and tliere was owing to the Burgesses for their appearance for 73 days, &c." From May 12 to July 17, both inclusive, are but 07 days. Six days may have been added for joiirnies. At all events the Feast of St. Margaret is fixed to the 20th July, a date which appears to accord also with tlie periods of other Parliaments connected with that Festival. HENRY VI. 181 riague, to 15 of St. Michael, October 13 ; and on the first of November, Writs are issued for the immediate personal attendance of many Clergy and Nobles, who had neglected to appear, (m) The "Parliament sits till Dec. 21. A Convocation of the Clergy of Canterbury is ordered for the Morrow of St. Leonard, Nov. 7, by Writs from the King, {v) " October 10." A " Parliament," {u. a.) is held at ^^^l\ Westminster. 14 Writs are sent to the Prelates, as before, to the 3 Dukes, 8 Earls, 2(> Barons (25 Chivalers, 1 Miles), and to all others, {iv) The Bishop of Bath and Wells, Lord Chancellor, declares the Cause of Meetinfj; chiefly the lievolt of the Duke of Burgundy. Oct. 13. The Commons present their Speaker, " John Bowes." Dec. 23., the last day ? The Commons make very large gi-ants. A Convocation of the Clergy of Canterbury 1436. is, by writ from the King, ordered to meet at St. Paul's, \l' or elsewhere, before the Quindene of St. Trinity, June 17. {x) ^'^Jan. 21." A "Parliament," (u. a.), is summoned 1437. to Cambridge. ■^^5'^' Writs are addressed to the same persons, and to the Dukes of Gloucester and Norfolk. The place of meeting is, afterwards, changed to West- minster, (y) The King " in sede regia, in Camera depicta, juxta magnam Cameram Parliamenti, infra Palatium suum Westmonasterii sedente," the Bishop of Bath and Wells, Lord Chancellor, opens the meeting. He desires the Commons to bring their Speaker, at 8 o'clock, on the following morning. On Wednesday, 23d, the Commons present John Tyrell, " Chivaler," who, being disabled by sickness, is, on the 19th March, replaced by " VVilliam Boerley." March 27, the last day, the Commons make a Grant. They petition, that, whereas the Sheriifs often return, for Cities and Boroughs, persons not elected, the Sheriffs may be subject to a Penalty for such offence. A Convocation of the Clergy of both Pro- vinces, is, by the usual Writs, ordered for some day before the 1st of May. {z) A Conuocaieow, as before, is ordered "cum uss. (m) Rolls, 11 H. 6. Dugdale. Rep. App. IV., 883, 887. P. H. II., 221, 227. The Pari. Hist., 228, seems to tonfountl this Prorogation of Nov. 1, with a Summons for a fresh Parliament. There is, at least, no authority given for this Summons for the 8th July, and the prorogation to 15 days after Michaelmas, at Reading. The Duty of Tonnage and Poundage hitherto given for a certain time and now granted indefinitely, receives the name of " Customs," as usual and constant payments. (V) Rep. App. IV., 886. (iw) Rolls, 14 H. 6. Uugdale. Rep. App. IV., 888. P. H. II., 228. (x) Rep. App. IV., 891. (y) Rolls. 1.5 H. 6. Dugdale. Hep. App. IV., 891, 895. P. H. II., 230. The Rolls call the year 1436. (x) Rep. App. IV., 897. IG 182 HENRY VI. omni celeritate accomoda," by Writs, tested, 12 d. Feb- ruary, (a) 1*39- A Convocation is ordered at York, "cum omni celeritate accomoda, Oct. 6. \m. Nov. 12. {Morrow of St. Martin.) A " Parliament," ^18* (u. a.), is summoned to Oxford. Other Writs, change it to Westminster. Writs are addressed to the Prelates, as usual, including the Bishop of Winchester, commonly called " Cardinal of England," to Humphrey, Duke of Gloucester, the Dukes of York and Norfolk, C Earls, 2G Barons, (including 23 Chivalers, the Baron de Greystok, and 2 others), the Sheriffs and all others, as usual, (i) In the " Camera depicta," the Bishop of Bath and Wells, Lord Chancellor, declares the Cause of Summons. Friday, (2d day), the Commons having elected William Tresham, as Praelocutor, request to be allowed time till the fol- lowing day, (diem Sabbati) Saturday. Saturday, (3d day), they present their Prolocutor, in the customary manner, and his usual Protestation is ordered to be enrolled. Dec. 21. Parliament is adjourned to Jan. 14, M. of St. Hilary. The Commons by Assent of the Lords Spiritual and Temporal make a Grant. On the I6th Nov. last, a Return having been read to a Writ to the Sheriff of Cambridge for the election of Two Knights for the said County, and no Knights having been returned, for rea- sons sj)ecified in the Return, it is ordered that a fresh Writ shall be issued for the sending of such Knights, (c) A Convocation for the Province of York is ordered " cum omni celeritate accomoda," on the 12tli May. {d) I4i2. J^'^i' 25. {Conversion of St. Paul.) A " Parliament," (u. a.), meets at Westminster. Writs are issued to the Archbishop of Canterbury, to the Cardinal, Archbishop of York, to the Cardinal, Bishop of Win- chester, and all other Prelates, (omitting the Prior of St. John), to the 3 Dukes, 11 Earls, the Viscount de Beaumond, Chivaler, 27 Barons, (25 Chivalers and 2 others), to all the Sheriffs, in- cluding those of Kingston-upon-Hull, (first time), and all others, as before, (e) In the "Camera depicta juxta Magnam Cameram, infi-a Pal- atium, Westm.," the Bishop of Bath and 'Wells, Lord Chan- cellor, declares the Cause of Summons. On Friday, the second day, the Commons elect William Tresham, as Prelocutor, but request a delay of one day. On Saturday, Ihey present him, according to the usual forms. March 27, the last day of Parliament, they make a Grant. (n) Rep. App. IV., 897. (/;) licills, is 11. G. Uugdalc. P. H. II., 234. Rep. App. I V., 8,08. In the Writs is one to .)c}liii Sutton of Dinkiclcy, Knight, to attcnil the present I'arliament. T. R., apiKl Kcilynn, IT) d. Feb. (c; Rolls v., 18 11. (i. {d) Rep. App. IV., 902. (e) Rolls, 20 W. 6. Diigdalc. Pari. H. II., 238. Rep. App. IV., 902. 20 R. nENiiY VI. 183 A Convocation for the Provinces of Can ter- terbury and York is ordered, " cum omni celeritate ac ' comoda," by Writs, 26 d. January. (/) February 25. A « Parliament," (u. a.) is held at ^**J Westminster. 23 Writs are sent to the Prelates, as before, to the Dukes of Gloucester, York, Norfolk, Exeter, and all others, (g) The Archbishop of Canterbury, (late Bishop of Bath and Wells,) Legate, and Lord Chancellor, opens the Session. Feb. 2G. Friday. The Commons elect "William Burley," but beg delay. Feb. 27. 'Saturday. They present him in the accustomed manner. March 15. (19th day of meeting.) Parliament is adjourned to April 29, and the Commons make a Grant. June 5. It is again adjourned, as well on account of the Plague, then raging, as because the King, "attendens qualiter tempos autumnale, in quo Magnatibus circa suas recreationes et deductus, ipsisque Communibus, circa suarum IMessium congi-e- gationem, intendere competebat, similiter appropinquabat," to the 20th day of October ; when all now present are commanded to attend, punctually. Dec. 15. (a. R. 24.) The Parliament is again adjourned to Jan. 24, when all the same persons are required to attend. 1446 April 9. The Commons make a Second Grant. a. r. A Petition of the Commons states, that, " Whereas there has 24 been collected by the Sheriffs much more than enough money to pa}' the Wages of the Knights, which Surplus, they have kept for their own use ; it is prayed, that at the next County Couit, after delivery of the Writs to the Sheriffs for Expenses, the Sheriffs shall proclaim that the Coroners, Chief Constables and Bailiffs of every Hundred, and any others, shall attend to assess the Wages of the Knights, and that the Sheriff, or Under-Sheriff shall be obliged to attend, under a penalty, in presence of the above, and of the suitors of the said Counties then being present, and duly assess every Hundred, that the sum of the whole shall not exceed the sum due; and so for every Township, &c. It is answered, "Le Roi le voet." A Petition is also presented for a Remedy against assaults on Lords, Knights, Citizens and Burgesses, coming to Parliament. A Petition, on the Election of Knights, prays for the observ- ance of the Statutes, a. r. 1, Henry 5, for Citizens and Bur- gesses, " Resident and Enfranchised," in their resjjective Cities and Boroughs; and also for the keeping of another Act, 8 Henry G, for the manner of electing Knights. " Whereas, for their own advantage and aim, Sheriffs have not made due Elections, and sometimes have returned those who were not chosen, the Commons pray, that under his own Seal, the Sheriff may issue a sufficient Precept to Mayors and Bailiffs, or either, under a Penalty for due Returns from Sheriffs, j\f ayors, and Bailiffs, and that every Sheriff shall cause Election to be made in full County, between the hours of eight and eleven, a. m., under certain Penalties, &c." It is answered, " the King wills as is desired, so (/) Rolls, 23 H. 6. Dugdale. Rep. App. IV., 906. tg-) Rep. App. IV, 907. P. H. II. 239. The Rolls give theyear 1444. 1S4 HENRY VJ. that, hei-eafter, the Knights of the Shire, be notable Knights of the Shire for wliicli they are chosen, or else such notable Squires, Gentlemen of Birth, as be able to be Knights, and no man to be it, that standeth in the degree of Yeoman, and beneath." (A) A Convocation for the Province of York is ordered to meet " cum omni celeritate accomoda," by Writs from the King-, 26 January. (^) 1447. Februanj 10. (S<«- Scholastica.) A ''Parliament," 25 (u. a.), is summoned to Cambridge, but, by second Writs, is removed, and held at Bury St. Edmunds, in Domo Refectorii Abbacise sive Monasterii de Bury S. E. Writs are addressed to all Prelates, as before, to the Dukes of Gloucester, York, Norfolk, Exeter, Buckingham, Marquisses of Dorset and Suffolk, 7*I'"arls, Viscount de Beaumond, Chivaler, Viscount Bourgchier, and 28 Barons, to all the Sheriffs and others as before. The Writ to the Sheriffs of Counties has these additional words, " quod IMilites Comitatuum extunc eligendi, Milites notabiles de eisdem Comitatibus j)ro quibus eligentur, vel saltern notabiles Armigeri, Ilominesve generosi de natu eorundem Comitatuum qui habiles sunt Milites fieri, et nullus homo de gradu Valetti et gradu inferiori de essendo JMiles hujus- modi existant, prout in Statuto plenius continetur." James Fenys, Knight, Lord of Say and Sele, and John Beauchamp, Knight, Lord of Beauchamp, are also summoned. The Archbishop of Canterbury, Legate, Lord Chancellor, declares the Cause of Summons, and on the 4th day, Feb. 13, having begged a delay, the Commons present their Speaker, " William Tresham." (k) 1449. " Feb. \2, Friday:' A « Parliament," (u. a.) is held 27 at Westminster. Writs are issued to the Archbishop of Canterbury, Primate of ail England, to the Cardinal, Archbishop of York, the Bishoj) of Winchester and 18 other Bishops, with the Clause, to 25 Abbots, the Prior of Coventry, to the Dukes of York, Suffolk, Norfolk, Buckingham, G Earls, 2 Viscounts, 25 Barons, Chivalers, 9 Barons, Milites, 4 other Barons, Domini de, &c., to William Bonevyle, Mili-. Domo- Bonevyle de Cheston, to the Sheriffs, (in- cluding (first time) those of the Town (Villa) of Suthampton, and all others. (/) The Archbishop of Canterbury, Lord Chancellor, opens the Session. On the 4th day, Monday, Feb. 15, the Commons having re- quested a delay, present their Speaker, "John Say," and make a Grant. April 4, Parliament is adjourned to Wednesday, 7'^* o/ il/ay, Avhen all are required to attend. J\Iai/ 30, on account of the Plague which rages in London and Westminster, Parliament is again prorogued to June IG, at Win- chester. (/() Rolls, 23 u. fl. (i) Uep. App. IV. 911. (A) Rolls, 'is H. 6. Dugilale. Rep. App. IV. 9U-91.5. P. H. II. 245. (0 Rolls, 27 H. 6. Dugdale. Ut-p. App. IV. 918. P. H. II, 250. HENRY Vr. iOJJ Jul)/ IG, the last day, the Coiiinions make a Secuiul Gnuit. A Petition from the Inhal)itants of Ely, wlio had paid £6200 to be for ever released from the payment of Wages of Knights for the County of Cambridge, prays the King " to ordain their release and dischai-ge." The answer is " Le lloi le voet." A Petition is also presented on an assault on Sir Thom.as Parr, Knight, by " two Belyngehams, Dykenson, and Strykeland, of Yorkshire." (to) A Convocation of the Province of Canterbury- is ordered at St. Pauls, or elsewhere, " cum omni, &c." by Writs of May 12. (w) " November 6," ( Thursday.) A '' Parliament," (u. a.), ^**^- meets at Westminster. 28 Writs are directed to the Prelates, as before, including the Prior of St. John of Jerusalem, to the Dukes of Suffolk, Norfolk, and Buckingham, 8 Earls, 2 Viscounts, 34 Barons, (including Chivaltrs, jNIilites, " Domini de," and others), and to all the Sheriff's, (including, first time, those of the Villa iVotyngham), and the Chief Justice and all others, as before, also to llobert Hungerford, Sen., " JMiles." (o) The Archbishop of Canterbury, Lord Chancellor, declai-es the Cause of Summons, and on account of the infectious air of \yest- minster and its neighbourliood, by the King's connnand, remo%'es the Parliament to the City of I^ondon, in the House of the " J^'ratres Prsedicatores," Black Friars.? Saturday, Nov. 8, the Commons present their Speaker, John Popham, Knight Thursday, Dec. 4. The cause of removal having ceased. Par- liament is ordered to meet again at Westminster, on the follow- ing morning, at 8 o'clock. Dec. 17. {Monday before the Nativity.) The Chancellor, " before the Three Estates of the Knigdom," adjourns the meet- ing to Jan. 22, when all are commanded to attend. , . ^q Jan. 31. The Cardinal, Archbishop of York, is appointed Chancellor. March 30. {Monday before Easter.) Parliament is prorogued and adjourned to April 2!>, at Leicester, on account of the in- salubrity of the air. Here the Commons make a Grant. The Trial of VV. de la Pole, Duke of Suffolk, takes place. November 6. {F. of St. Leonard.) A " Parliament," ,j4,5o. (u. a.), meets at Westminster. a. u. Writs are issued to the Prelates, as in the last Parliament, to ^^ the Dukes of York, Exeter, Norfolk, Buckingham, Somerset, 9 Earls, 2 Viscounts, 38 Barons, (including Chivalers, Milites et Domini, &c.,) to all the Sheriffs (except Southampton) and others, the Chief Justice and 13 Judges, &c., and to William Fenys, Knight de Say. (/>) (»j) Rolls, 27 H. 6. (ra) App. Rep. 4, 922. (o) Rolls, 28 H. G. Dugdale. Rep. App. IV. 922 P. H. II. 253. (p) Rolls, 29 H. 6. Dugdale. Kep. App. IV. 927. P. II. II. 201, where the vear is given 1451, for 1450. Bb 186 HENRY VI. The Cardinal, Archbishop of York, Lord Chancellor, opens the bushiess. Monday, Nov. 9. The Commons present William Oldhall, Knight. Friday, Dec, 18. The King and three Estates being in full Parliament, it is adjourned to Jan. 20. 1451. April 29. The Parliament is again adjourned to May 5. Among the demands of the Rebels under Jack Cade, were the following Complaints, " That the freedom of Election for Knights of the Shires hath been taken from the People by the great men, who send Letters to their Tenants and Dependents to choose such men as the People approve not : That Collectors of the Taxes being made, for Bribes, by the Knights of the Shire, use many extortions to raise them : And lastly, that the Sessions being held in the farthest part of the Count}', East- ward, the People were forced to go five day's journey to them, to their great trouble and damage, which they desire may be settled in two places more conveniently." 1452 A Convocation for the Province of York is ^gj*' ordered, by Writs to tlie Cardinal, Archbishop of York, tested, May 7. {q) 1453, " March 6." A " Parliament," (u. a.), meets at ^3j^* Reading. Writs are sent to the Prelates, as before, to 5 Dukes, 12 Earls, 3 Viscounts, to3G Barons, including Chivalers, Milites, Domini, and others, to all the Sheriffs, (except Southampton), and the Chief Justice, and 13 Judges, &c., and the Warden, as before, (r) Parliament assembles " in Domo Refectorii Abbacise," where the Bishop of Lincoln, for the Archbishop, then absent, opens the Session. March 8, the Commons present Thomas Thorp, as Speaker. March 28, the Commons make a Grant, and the Parliament is adjourned to Ajyril 25, at Westminster. July 2. The Commons make another Grant, and the same day, the Parliament is again prorogued and adjourned, for the usual reasons of the Autumnal Season, to Nov. 12, at Reading. ji. R Nov. 12. At Reading, the Parliament is farther prorogued S2 to Feb. 11, the King not being able to attend. Feb. 11. The Parliament is adjourned to Feb. 14, and removed from Reading to Westminster, when Richard, Duke of York, is appointed Commissioner. Thomas Thorp, the Speaker, and another IMember, having been committed to prison in vacation time, at the instance of the Duke of York, certain of whose goods and chattels they had carried off", the Commons pray their Release. The Lords Spiritual and Temporal, not intending to impeach or hurt the Liberty and Privileges of the Commons, but equally, after the course of Law, to minister justice, put it to the Jus- tices, whether such persons ought to be delivered from Prison, by force and virtue of the Privileges of Parliament, or no. The Chief Justice, for the others, answers—" They ought not to an- swer that Question, for it hath not been used that the Justices should in any wise determine the Privileges of the High Court (a) Rep. App. IV 931. (r) Rolls, 31 H. C. Dugdalc. Rep. App. IV. 931. P. H. II. 2C8. HENRY VI. 1S7 of Parliament ; for it is so iiiifh and mighty in its nature, that it may make Law, and tliat is Law, it may maice no Law, and the determination and iords of Parliament, and not to the Justices. But as for de- claration of proceeding in the Lower Courts, in such Cases as Writs of Supersedeas of Privilege of Parliament be brought and delivered, there be many and divers Writs of Supersedeas of Privilege of Parliament brought into the Courts, but there is no general Supersedeas brought to surcesse of all Processes: for if there should be, it should seem that this High Court of Par- liament that ministereth all justice and equity, should ' lett' the process of the Common Law, and so it should put the Party complaining without remedy, for so much as Actions at Common Ivaw be not determined in this High Court of Parliament ; and if any Member of this Higii Court of Parliament be arrested in such Cases as be not for Treason, or Felony, or Surety of the Peace, or for a Condemnation had before the Parliament, it is used that all such persons should be released of such Arrests, and make an Attorney, so that they may have their freedom and liberty freely to entende upon the Parliament." Upon which, it is thoroughly agreed and concluded by the Lords Spiritual and Temporal, that the said Thomas, according to the Law, should remain in Prison, the Privilege of Parliament, or that the same was Speaker of Parliament notwithstanding; and that the Commons shall be commanded to proceed to the Election of another Speaker. FebAQ. The Commons elect Thomas Charleton, Knight. Tuesday, \Qth March. Before the Duke of York, the King's Lieutenant in this Parlianient, the Commons petition, that " a Wise Council of the right, discreet, and wise Lords and others," may be appointed for administering Justice and Equity. The Archbishop of Canterbury is appointed Loi'd Chancellor, in place of the deceased Cardinal. Certain Lords are appointed to confer with the King at Windsor. March 27 and April 3. Richard, Duke of York, is chosen " Protector et Defensor Anglire." April 16. A Loan is ordered to be made for the Kingdom. In the course of this Session, (Feb. 28,) the Commons petition against many Lords, who have absented themselves from Par- liament since the 14th of this month, " that they be sevei'ally fined, every Archbishop and Duke, £100, Bishops and Earls, 100 marks. Abbots and Barons, £40 ; the said Fines to be levied on their goods." Le Roy le voet. July 9. (Wednesday.) A " Parliament," (u. a.) meets UbS; at Westminster. ^^j** Writs are addressed to all the Prelates, as usual, to 4 Dukes, 11 Earls, 2 Viscounts, 30 Barons, (Chivalers, Knights, Domini, and others,) to all the Sheritfs, (including Southampton, and, first time, Coventry,) the Chief Justice, and all othei-s ; also, afterwards, to Will. Weste, Knight, and Thomas Stanley, Knight," "D"o- de Stanley." (*) (i) Rolls, 33 H. G, and App. V. 450-3-4. Dugdale. Rep. App. IV., 935. P. IT. II. 278. Many Peers had been slain in the battle of St. Albans, May 23, 14.55. It appears from the Rolls, that on the 5th July (a. r. 33) previouo to this Parliament, the King writes to the Sheriff of Kent, "hearing that sundry Persons are busy in 188 HENRY VI. The Arclibisliop of Canterbury, Lord Chancellor, opens the Session in the Camera Depicta. Jvly 11. (Friday.) The Commons present "John Wenlok, Knight." July 31. On account of the season, Parliament is prorogued to ■*• ^* Nov. 12, when the meeting takes place before the l)uke of °* York, Commissioner. JVov. 18. The Duke of York is appointed Protector. Dec. 13. Parliament is pi-orogued to Jan. 14, 145G. Thomas Young, a Knight of Shire, having been arrested and imprisoned without Indictment, and with loss of Goods, for matters said in Parliament, the Commons pray "a sufficient and reasonable Recompense." It is ordered, that the Lords of the Council provide accoi'ding to their discretion. 1456. Jan 14. The adjourned Parliament meets. A »• Feb. 25. Parliament is still holding. The Protector is exone- 3* rated. 1459. November 20. {Tuesday.) A " Parliament," (u. a.) 38* meets at Coventry. AVrits are issued to all the Prelates, as before, to 3 Dukes, 8 EarJs, 2 Viscounts, 35 Barons, (Chivalers, Milites, and others,) to all the Sheriffs and others, and to John Neville Dno- Neville, Militi. (0 The meeting is held " in Domo Capitulari Prioratus B. ]Marite," where the Bishop of Winchester, Lord Chancellor, opens the business. Nov. 22. (Thursday.) The Commons present their Speaker, Thomas Tresham. " The Sheriffs of last year having been commanded, by Letters of the Privy Seal, to proceed to elect Knights of the Shires, for the good and hasty speed thereof, petition that all such Elections be good and effectual as of Knights made by Writ or Writs direct, and that they may be discharged of any Penalties, &c., by force of Statute, 23 Henr^ 6, for holding Offices longer than a year, for any manner of Election of Knights, as well by force of the King's Writs, as by force of Letters of Privy Seal or otherAvise, and for Returns of the same, and for all manner of Returns of Citizens and Burgesses in their several Shires for this present Parliament, by any of them returned before the last day of this present Parliament " "Le Roy le voet." Dec. 20. Parliament is dissolved. A Convocation of the Clergy of both Pro- vinces is ordered, as usual, with all convenient speed. The Writs are tested, Feb. 12, a. r. 38. («) choosing the Knights, 'nothing to the honour ol'tlie I^abourers, but against their wor- ship," as also against the Laws and Ordinances of the Land. He wills and charges the Sheriff tliat he openly declare at the time of Election, that his will is, the said Shire has its free Election according to the Laws and Ordinances, and that if any man, of whatever Estate, Degree or Condition, attempt the contrary, he shall run in the King's grievous displeasure. It may be noticed here that the adjourned meeting of Jan. 14, 1456, is no where spe- cially recorded, but it is proved by the UoUs, 34 \l. G, p. 321, that Parliament was sit- ting on the 25 February. (/) Rolls, 3S H. fi. Dugdalc. Kcp. App. 1 V., PIO. F. H. II., 2SS, where the year is erroneously given IKiO. (.?0 Hep. App, IV., 945. EDWARD IV. 189 October 7, {Tuesday.) A "Parliament," (u. a.), ^/^J; meets at Westminster. <39 ' Writs are addressed to the Arclibishops and 18 Bishops, with the Clause, 25 Abbots, the 2 Priors, Dukes of York, Norfolk, i'lxeter, Somerset, 9 Earls, 1 Viscount, 3G Barons, &c., to all the Sheriff's of Counties, the Sheriffs of Ten Cities and Towns, the Chancellor of County Palatine of Lancaster, the Chief Justice and all others, (c) In the "Camera Depicta infra Palatium," the Bishop of Exeter, Lord Chancellor, explains the Cause of Summons. Oct. 10, {Friday.) The Commons present " John Grene," their Speaker. An act is jjassed annulling all the Proceedings of the last Parliament held at Coventry, as having been unduly summoned, and many Kniglits, Citizens and Burgesses having a])peared without any or due election, against the Laws, and the Liberties of the Commons, &;c." A Mandamus is sent to the Sheriffs to make Proclamation to this effect, " Auctoritate Parlianienti." Walter Clerk, the Burgess for Chippenham, having been arrested for a fine and imprisoned in the Counter, the Commons pray that the \Vai-den of the Fleet may be ordered to dismiss him, ix-c, saving to the Commons, their whole Liberties, Fran- chises and Privileges." Le llov le voet. EDWARD IV. {March 4, 1461.) ^^July 6." A "Parliament," "cum Praelatis, Mag- ugi. natibus et Proceribus Regni, Colloquium et Tractatus," ■*• '^* is summoned to Westminster. Writs are issued to the 2 Archbishops and I!) Bishops, with the Clause, to 25 Abbots, the Priors of Coventry and John of Jerusalem, to the Duke of Norfolk, 4 Earls, 1 Viscount, 31 Bai-ons, (including 28 " Chivalers," I "Miles," 1 "Armiger" and the Dominus de Clynton), to the Chief Justice and 13 Judges, &c., to the Sheriffs of Counties, with omission of the Qualification and Penal Clauses, as well respecting Knights, Citizens and Burgesses as Electors and Sheriffs, to the Chaiicel- lor of the County Palatine of Lancaster, to the Sheriffs of Lon- don, Bristol, York, Norwich, Lincoln, Coventry and of the Towns (Villae) of Nottingham, Newcastle-upon-Tyne, King- ston-upon-Hull, and Southampton, to the Constable of Dover Castle, and the Warden of the Cinque Ports. By Second Writs to the same, and to 8 other "Milites," the Parliament is prorogued to Westminster, Wednesday, Nov. 4. {w) (v) Rolls, '39 II. 6. Dugdale, Rep. App. IV. 945. P. II. II. 294, where again the year, 1461, is wrong. It is difficult to reconcile the Test of the Mandamus sent to the Sheriffs for such Proclamation, "Canterbury, August 8, 14G0," " Auctoritate Parlia- mcnti," with the Proceedings on this Subject which were had, according to the Rolls, on Friday the 4th day of the Parliament, which began Tuesday, Oct. 7, 14';o. The Pro- clamation may have been made at the first date, but by the Authority of what Parlia- ment does not appear. See P. H. II., 295. C!o) RoUs, 1 Edw. 4. Dugdale, Rep. App. IV., 950,953. P. H. II., 312, A. R. 2 1463 A 190 EDWARD IV. Nov. 4. The Assembly meets in the " Camera depicta infra Palatium Westm." The Bishop of Exeter, Lord Chancellor, declares the Cause of Summons. Nov. H, (Friday.) The Commons present their Speaker, James Strangways, Knight, who makes the usual Pi'otestations, and is allowed. An Act is passed, affirming the reign of Henry 4 to have been an Intrusion and Usurpation, and disabling the said Henry, Earl of Derby, otherwise called Henry 4, and the Heirs of his body, to enjoy any Inheritance, Estate or Profits, within this Realm, or Dominions of the same for ever, with a Provision for all men's Rights, except those who claim by gi'ants from Henry 4, Henry 5, ( de facto et non de Jure Reg. Ang), the pretended Henry G, (late in deed, not in right, King), in his usurped Reign Dec. 21, (Monday.) The Parliament is prorogued to . „„ May 6, at Westminster ; when the King being unable attend, the Parliament is dissolved, by his command. 2^ February 5. A " Parliament," (u. a.) is summoned ^1^ to York. 2 ' Writs are issued to the Prelates, as before, to 5 Earls, 37 Barons, and others, to John Markham, " Militi," Chief Justice, and 12 others, (Judges ?) to the Sheriffs of Counties, as last de- scribed, to those of 1 1 Cities and Towns, including, first time, the City of Canterbury, and all others, as before, (x) R. ''April 29." {Friday.) A "Parliament," (u. a.) is held at Westminster. Writs are issued as to the last. Previous Writs to the Sheriffs and others, (tested, Feb. 25, A. R. 'i), state that the last Parliament was prorogued to meet at Leicester, on the 7th day of March, and is now again prorogued to the 29th of April, for the following reasons, " We have called the Commonalty by authority of such Elec- tion as accordeth with our Laws and their freedom and liberty. Nevertheless, as we understand, that the Election of Knights of right many of the Shires of the same our land, for the said Parliament, hath not by the order of the said Laws, but contrary thereunto, and also to our peace and the said freedom and liberty, proceeded right inordinately, where- of to great and perilous inconvenience and evil example in our said Land might grow, if the same Parliament should have been kept. Wherefore, and also to intent, that, in time of Lent, appropriated to devotion, and purifying of every man's life to God's pleasure, we now apply us to give to our blessed Creator the loving that our mind, of possibility, can remember unto his Grace, for the bounty sliewed plenteously imto us to the joy and comfort of all our subjects, of whose disposition and inclina- tion to like devotion in the said time, and to give thanks to our said Creator for his grace, we be right desirous, we be determined not to hold our Parliament, &c., but by new Writs, &c., and therefore, and for the tender zeal and affection we have to the continuance of the said freedom and liberty, and to the Statute of the said Election ordained, charge and command strait ly all our subjects, that none of them presume to come to the Election (.r) Dugdalc. Rep, App. I V., 950. P. II. II., 322. EDWARD IV. 191 of KniTlits, but such as have interest therein, by Freehold, to the yearly value of 40s., according to the Statute, &c." (y) The Bishop of Exeter, Lord Chancellor, declares the Cause of Summons. . ^, . o i May 2. {Monday.) The Commons present their Speaker, " John Say." They make a Grant. JuneM. (Saturday.) The Parliament is prorogued to iVoy. 4. Nov. 4. The King being unable to attend, the Chancellor, by his command, " prorogues and adjourns" the meeting to Feb. 20, at York. 'There, in " Magna Aula infra Palatium 146*. Episcopi," he further prorogues the same to May 5, at York. May 5. A further prorogation takes place to Nov. 26, at York. 1464. A^oy.2G. The Parliament is again prorogued to Jan. 21, at a. r. "XTTpgf Yiiiiistcr. Jan. 21. The meeting of the "King and three Estates" 1465. takes place in the King's Palace, Westminster, when a Grant is a, r. made, for the Life of the King. Junes. {Wednesday.) A "Parliament," (u. a.) is i,V. held at Westminster. "^ Writs are issued to all the Prelates as before, to the Dukes ot Clarence, Norfolk, Suffolk, 9 Earls, :{4 Barons, (" Chivalers, ) to John ]Markham, Chief Justice, and 8 others, '• Milites," and 7 others, Judges, &c., of Council, (?) to all the Sheriffs, omitting the Clauses, and to all others, (^r) „,.,,., c The Bishop of Lincoln, in the absence of the Archbishop ot York, Lord Chancellor, opens the Session, in the "Camera ^Jwie'fi, {Saturday.) The Commons, after the usual delay of one day, present their Speaker, John Say, Knight. Julyl. The Bishop of Bath and Wells, Chancellor, by com- mand, prorogues the Parliament to Beading, on the Cth ot November, on account of the Season of the Autumn, and the prevalence of the " plagam pestilentise." Nov. 6 The King, in the presence of the Three Estates, in a Chamber "infra Abbaciam de Redynge," authorizes the Chancellor, to prorogue the Parliament to May 5, Thursday before 15 of Easter, of the following year, at Beading, " on ac- count of the present shortness of the days, and the nature ot the Season." . , , .^o May 5. The Parliament meets, and is again prorogued to libS. May 12, at Westminster. , .„ , „ /^ "^8 ' May 12. Parliament meets, and, on the IGth, the Commons make a Grant. . . The Commons present a Petition as to Sheriffs retaining office. « Sept. 22." A " Parliament," (u. a.), is summoned U69. to York. , .u T^ 1 P ^ Writs are issued to the Prelates, as usual, to the Dukes ot Clarence, Gloucester, Norfolk, Suffolk, 8 Earls, 31 Barons, ^,AiRolU 'IFdw 4 DuKdale. Rep. App. IV., 960, 963-4. P. H. II., 322. 328. lt'i^Vls^o°sUte'd'inThUlastpfacefthat I Co-location --' at London dunng one of these Sessions, in which the Clergy very willingly gave a Tenth to the Crown, in acn nowledgment for an extensive Charter lately granted them. ^%) Rolls, 7 Edw.4, Dugdalo. Rep. App. IV.,9b5. P. H. II-. 32^- 192 EDWARD TV. (" Chivalei's,") to the Chief Justice and to all others, tested, Aug. 10, and omitting the Qualification Clauses, (a) By Second Writs, Sept. 7> the Parliament is put off sine die, on account of the expected invasion of the French and Scotch, (i) 14.70. "November 26" A "Parliament," (u. a.), is sum- ^\q' moned to Westminster. gt Writs are sent to all the Prelates, the Dukes of Clarence, Hen. 6. Norfolk, and Suffolk, the Marquis "de -Montacute," 7 Earls, 49 23 Barons, (Chivalers, and Knight), and all others, (c) A. H A Convocation of the Clergy of both Pro- vinces is ordered, with all convenient speed. Writs (June 11) are directed to the Cardinal, Archbishop of Canterbury, Primate of all England, and to the Archbishop of York, Primate of England, (d) 1471 A Convocation (as before) is ordered, by ^ii"' Writs of 4 December, (e) 1472. ^'October 6." (Tuesday.) A "Parliament," (u. a.), ^'12' is held at Westminster. Writs, " per Breve de Sigillo private," are issued to all the Prelates, as usual, to the Dukes of Clarence, Gloucester, Nor- folk, Suffolk, 8 F.arls, 25 Barons, " Chivalers," to the Chief Justice and to all others. (/) Tlie Bishop of Rochester, in the absence of the Bishop of Bath and Wells, Lord Chancellor, declares the Cause of Sum- mons, in the " Camera depicta." Oct. 9. (Friday.) The Commons, as usual, present their Speaker, " William Alyngton." ]Voi\ 30. The Commons and Lords Spiritual and Temporal, make a Grant, and the Parliament is prorogued to Feb. 8, at Westminster. 1473. J^eb. 8. The Parliament is resumed, and continues sitting till April 8, when, after a Grant from the Commons, it is pro- rogued, on account of the festival of Easter, to Oct. G, at West- minster. An act passes to enable the King, notwithstanding this adjournment, to assemble the Parliament at any earlier day, by Writs of 20 days' notice, and then this Prorogation to be of none effect. Oct. G. The Parliament meets at Westminster, and continues 13 to Dec. 13, when it is prorogued to Jan. 20, by the Bishop of Durham, then Lord Chancellor. 1474. Jan. 20. Parliament again meets, and continues to Feb. 1, when it is again prorogued, by the Chancellor, to JNIay 9. A. R. 3Iat/ 9. The Estates of the Kingdom re-assemble, and con- 1* tinue sitting till the 28th, (Saturday, in Vigil Pentecost,) when (n) Dugdalc. Hep. App. IV., 969. (6) Rep. App. IV., 972. (c) Dugd.ilo. Rep. App. IV., 970. P. H. 11., .334. According to the Historians, Hall, Grafton and Habington, at this Parliament of Henry fi, Edward was declared a Traitor to his Country, a Usurper of the Crown, and had all his goods Confiscated. All his Statutes were revoked. Henry's power lasted only from Oct. 9, to March 27 of the following year. (d) Rep. App. IV., 980. ((•) Rep. App. IV., 980. (/) Rolls, 12, 13, 14 Edw. 4. Dugd.-ilc. Rep. App. IV., 980. P, II. II., 339. A. n. EUWAIID IV. 193 the Bishop of I.ineohi, Lord Chancellor, adjourns them to June G, at VVestnunster. June G. After sitting from tliis day to July 18, the Commons make a Grant, and Parliament is adjourned by the Lord Chan- cellor, on account of the Autumnal Season, to Jan. 23. Jan. •2[\. The Parliament resumes its business, and continues 14.75. till ]\Lu-ch 14, when the Chancellor, by the King's command, ^- «• returns thanks to the Three Estates, and dissolves the Parlia- '* ment. (g) A Petition, on Privilege, is presented by the Commons, in favour of William Hyde, " Squier," Burgess of Chippenham, who, after his coming, was arrested and imprisoned in the Counter and Newgate. The Chancellor is o.'-dered to direct a Writ to the Sherittis of London for his dismissal. A Convocation of both Provinces is ordered, by the usual Writs, (3 Dec, a. r. 12, 1472), to meet, " cum omni celeritate accommoda." {h) *^ Jan. 16," {Friday.) A Parliament meets at West- ^*'''^- minster, in the " Camera depicta, vulgariter nuncupata 17' Camera Sancti Edwardi, infra Palatium," [i) The Bishop of Lincoln, Lord Chancellor, declai-es the Cause of Summons. Jan. 19. (Monday.) The Commons, having on Saturday elected their Speaker, present " William Alyngton." An Act is made to repeal a Parliament holden anno 10 Edw. 4, or 49 H. G, with all the Acts therein made, and their Exemplifi- cations. A Petition of Privilege is presented against attachment of Persons; and an Ordinance is made for John Atwyll, a Burgess for Exeter, who had been condemned on many Informations in the Exchequer, to have as man}' Supersedeas as he pleased, until his coming to his own home." ^^ January 20:' {Monday.) A " Parliament," (u. a.), i*^S- meets at Westminster. 22 Writs are issued to the Prelates as usual, to the King's dear Son, Edward, Prince of Wales, the Dukes of York, Gloucester, Suffolk, Buckingham, the Marquis of Dorset, 7 Earls, 32 Barons, (Chivalers, Milites and others), and to all others as before. (A) The Archbishop of York, Lord Chancellor, declares the Cause of Summons, in the Camera depicta, "called the Chamber of St. Edward." (g) This is the longest Parliament that has yet occurred. It sat, with the several Prorogations, more than two years and a quarter. Three several Chancellors presided. (A) App. Rep. IV., 984. {i) Rolls, 17 Edw. 4. P. H. II., 3.53. There are no Writs discovered for this Par- liament. The year, in the Rolls, is 1477. (A) Rolls, 22 Ed. IV., where the year is 1482. Dugdale, whose Lists are corrected in the Report. Rep. App. IV., 984. The Writs bear the date, 22 and 23 Edw. IV. But, Nov. A. R. 22 was in 1482, and Jan. 1483, was still in a. r. 22. In the P. H. II., 363, it is said, " the Abridgement of the Records gives the names of Peers summoned to attend a Parliament at Westminster, Jan. 20, a. r. 23. But as no such Parliament appears on Record, it is probable, say the Editors, they never met, being prevented by the sickness and death of the King. All this is an evident error, as there was no Janu- ary in the 23 E. 4, this year of his reign lasting only from March 4 to April 9, 1483. The present Parliament is, no doubt, that to which the account alludes. c c 194 RICHARD III. Jan. 21. The Commons elect " John Wode," and on the following day, Wednesday, present him as their Speaker. Feb. 5. The Commons, by Assent of the Lords Spiritual and Temporal, vote a Supply. A Convocation of the Clergy of the Province of Canterbury is ordered, *' cum omni celeritate ac- commoda. Writs to the Archbishop, are tested, 3 d. February. (/) RICHARD III, (June 26, 1483.) *^*' Jan. 23. [Friday.) A Parliament is held in the ^'i'^' " Camera depicta," at Westminster. Writs of Summons are directed to Thomas, Archbishop of Canterbury, the Bishops, Abbots, Priors, to Edward, Prince of Wales, Duke of Cornwall and Earl of Chester, the Dukes of Norfolk and Suffolk, the Earls of Arundel, Kent, Westmoreland, Northumberland, Huntington, Surrey', Nottingham, Viscounts Lovel, Lisle, Lords Greystock, Scrope of Masham, Beauchamp de Beauchamp, Audley, Nevile of Bergavenny, Grey of Wilton, Stanley de la Strange, Grey, West de la Wan-e, Devereux de Ferrers, Scrope of Bolton, Lumley de Lomley, Stanley de Stanley, Broke de Cobham, Blount de Mountjoy, Stourton de Stourton, Sutton de Dudley, Dynham de Care-Dynham, Fitz- hugh, Zouch, Arundel de Alatravers, Dacres of Gillsland, Gray ot Powis, Hastings of Welles, Ogle de Ogle, Hastings of Hunger- ford, Chivalers ; to the following Judges, Sirs W. Husee, Knight, Chief Justice, Thomas Bryan, Guy Fairfax, William Jenny, John Catesby, Bichard Neell, Knights, lloger Towns- end, Thomas Tremayle, John Vavasour, Knights, and Morgan Kidwelly, Esq., King's Attorney -General. The Bishop of Lincoln, Chancellor, declares the Cause of Summons. Beceivers and Triers of Petitions are appointed. On Saturday, the Commons elect a Speaker, and ask when they may present him. They are desired to do so on Monday. Monday, 26. The Commons present William Catesby, who is accepted. An Act passes for the Settlement of the Crown on Richard and his issue. A Boll had been presented to Bichard, as Duke of Gloucester, by many Lords Spiritual and Temporal, and other Nobles, on behalf of and in the name of the Three Estates of the Realm, choosing him as their King and Sovereign Lord, but such persons not being assembled in form of Parliament, the Lords Spiritual and Temporal and Commons of the Land, now assembled in Parliament, pronounce and declare that the said Sovereign Lord was very and undoubted King of the Bealm of England. (0 Dugdale. Rep. App. IV., 988. With this Reign terminate the Writs collected in the Appendices to the Lords Ueport. HENRY VII. 195 The Eai-I of Richmond (afterwards Henry 7) the late Duke of Buckingham, and numerous other persons "unnatural subjects, rebels, and traitors unto oure Soveraigne Lorde Kyng llichanl the Thyrde," are attainted of High Treason ; and many other Acts are passed. Feb. 20. The Commons make a Grant, and the Parliament ends, (m) HENRY VII. August 22, 1485. Nov. 7. (Monday.) A Parliament is held at West- '*®^' . A..R. minster. i All the Prelates are summoned, as before, the Dukes of Suf- folk and Bedford, the Earls of Arundel, Oxford, Kent, Notting- ham, Wilts, Rivers, Derby, Huntington, Devon, Viscounts Lisle, Beaumont, Barons Greystock, Scrope of Masham, Beau- champ, Nevile of Bergavenny, Grey, Lumley, Broke of Cobham, Mountjoy, Stourton, Sutton of Dudley, Denham, Arundel of Matravers, Grey of Powis, Cliftbrd of Clifford, Fitzwalter, the Judges, Chief Justice Husee, Sirs T. Bryan, Guy Fairfax, John Catesby, Richard Noel, Roger Townshend, Humphrey Starky, Knights, John Suliard, J. Vavasour, and William Hode, Attor- ney-General. The Assembly takes place in the " Camera communiter dicta Crucis, infra Palatium Westmon." The Bishop of Worcester, Chancellor, declares the Cause of Summons, and orders the Commons to elect a Speaker. On Tuesday, they elect, and on Wednesday, present, Thomas Lovell. An Act is passed, " that the Inheritance of the Crown of En- gland shall be, rest, remain, and abide, in Henry, and the Heirs of his body ;" " omnium Praelatorum, Procerum, Magnatum, Nobilium, totius Anglise Plebis, electione et voto," or as the Pope's Letter adds, " Necnon Decreto Statuto et Ordinatione ipsius Anglise Regni trium Statuum, in ipso Conventu, Parlia- mento nuncupato." The attainders of Henry C, Queen Margaret, and the Prince of Wales, in the 1st Edw. 4, and the attainders of many of the King's friends are reversed, and many of his enemies are attainted. Parliament grants tiie usual Tonnage and Poundage, and the Subsidy on Wools, &c., and, on the 19th November, an Oath is taken by the Members, for the observance of certain Articles touching Petitions. («) (m) Rolls, 1 Rich. 3. Dugdale. Pari. Hist. II., 379— the Editors however err when, at p. 395, they say, there was no Speech from the Chancellor, ileclaring the Cause of the Meeting, nor any Speaker to the Commons mentioned, nor any notice of a Subsidy. All which appear in the KoUs. Hep. I., 371. The Act of Settlement farther states, " That the Court of Parliament is of such authority, and the People of the Land of such nature and disposition, as experience taught, that manifestation and declaration of any truth or right by the three Estates of the Realm assembled in Parliament, and by authority of the same, made before all things meet faith and certainty, quieting men's minds, &c." With Rich. 3, closes the History of the Plantagenets, who had extended through 14 Reigns and over a space of 300 years. {») Rolls, 1 Hen. 7. Dugdale. That the Parliament was constituted as in former A. R 4 196 IIENUYVII. U87. _j7oy. 9. {Friday.) A Parliament is held at West- 's ' minster in the " Camera dicta Crucis " AVrits are issued to all Prelates, 2 Dukes, 12 Earls, 3 Vis- counts, IG Barons, the Chief Justice, and 9 Judges. INIorton, Archbishop of Canterbury, Chancellor, declares, at gi-eat length, the Cause of Summons. Monday, \2th. The Commons present then- Speaker, John ]Mordaunt. Many Bills and Petitions are presented, and Acts passed. Among the last, an Act, giving the Star Chamber authority to punish divers Misdemeanors. A large Subsidy is granted towards a War with France, (o) 1489. Jaw. 13. {Tuesday.) A Parliament meets at West- minster in the " Camera Crucis." On Wednesday, the Commons elect, and on Thursday, pre- sent their Speaker, Thomas Fitzwilliam, Knight. Many Petitions are presented, and Acts passed. Feb. 23. A Subsidy is granted by the Commons ivith the assent of the Lords Spiritual and Temporal, 1490. The meeting is prorogued to Wednesday, 14th October, when A R. it re-assembles, and continues Proceedings to Tuesday, 4th of 5 December. It is, on that day, prorogued to INIonday, 25th of January, 1490, when business is resumed, and carried on to 27th of February, on which day the Parliament is dissolved, (p) 1491. Oct. 11. {Monday.) A Parliament is held at West- minster in the " Camera Crucis." Writs are issued to all the Prelates, to Arthui", Prince of Wales, (the King's eldest son,) to ij Dukes, the Marquis of Bark- ley, 9 Earls, 3 Viscounts, 24 Barons, the Chief Justice, and 10 others. The Archbishop of Canterbury, Chancellor, declares the Cause of Summons. On Tuesday, the Commons elect, and the following day, pre- sent their Speaker, Ilichard Empson. Nov. 4. (15th day.) The Chancellor prorogues the Assembly 1492. to Thursday, 2G d. Jan., 1492. On this day the King and Three A. R 7 7 Reigns is evident from these Lists given in Dugdale's Summons, and from the terms of the Pope's Bull confirming the Crown to Henry, as in the text. It will be recollected that Dugdale gives only Lists of the Nobility. The Writs for the Commons have not been edited. The Report L, 372 observes, that the great Income, which from various sources there enumerated, accrued to the Crown, rendered Henry in a great degree independent of that Parliament which had created his Title to the Throne, and particularly of the House of Commons, whose great influence had before been principally derived from the necessity for extraordinary aids to support the expenccs of the King. In the Lords House of Parliament, his influence was always predominant, the number of Temporal Peers having during his reign been generally about forty only, and in the early part of his reign not so many, and the Spiritual Lords having been therefore always the majority of the House. The object of his policy was to destroy the influence of the great Nobility, which had created continual disturbance, &c. The consequence was, that the power of the Crown in the latter years of Hen. 7, and in the reign of his Son, was above thecontroul of the Two Houses of Parliament, which bo.th these Princes used as Instruments of their Will." Lord Bacon, Life Hen. 7, gives the Proceedings of this Parliament. See also Pari. Hist. II., 402. (o) Rolls, 3 H. 7. Dugdale. Bacon, H. 7. P. Hist. II., 412. (/)) Rolls, 4 H. 7, where the year is called 1488. Stat, of Realm, n. e. 2. Bacon's H. 7, who says, " Certainly his times for good Commonwealth Laws did excel, so as he may justly be celebrated for the best Lawgiver to this nation, after King Edw. I." P. H. II., 425. HENUY VII. 197 Estates meet again, and continue sitting till the 5lh of March, when Parliament is dUsolveif. Many liills and Petitions are presented, and Acts'passed. (q) Oct. 14. [Wednesday.) A Parliament assembles at I'tSj, Westminster in the " Camera Crucis." ''jf* Writs issue to all the Prelates, the Prince of Wales, 2 Dukes, 1 1 Earls, 2 Viscounts, 26 Barons, the Chief Justice, and 9 others, including, as usual, the King's Attorney. The Cardinal, Archbishop of Canterbury, Chancellor, opens the Parliament. On Thursday, the Commons elect, and on Saturday, present their Speaker, Robert Drury. 3Iany Acts are passed, and Bills and Petitions presented, (r) Jan. 16. {Monday.) A Parliament is held at West- i^^'''- minster, in the Chamber " vulgarly called ' Crucis.* " "^il* Writs are directed to all the Prelates, the Prince of Wales, one Duke, one Marquis, 11 Earls, 2 Viscounts, 24 Barons, the Chief Justice, and 10 others. The Cardinal, Archbishop of Canterbury, Chancellor, declares the Cause of Meeting. On Tuesday, the Commons elect, and on Thursday, present their Speaker, Thomas Ingelfeld. A Subsidy is gi-anted. iMany Petitions and Bills are sent in, and Acts passed, (s) Jan. 2b. {Thursday.) A Parliament meets at West- i504. minster, " in Camera Magna vulgariter dicta Crucis, ^{9 ' juxta Capellam et Oratoria infra Palat. Westm." William, Archbishop of Canterbury, Chancellor, declares the Cause of Summons. On Friday, the Commons elect, and on JNIonday, the 5th day, present their Speaker, Edmund Dudeley. A reasonable Aid is demanded as due for making the King's son. Prince of Wales, a Knight, and for the Marriage of his eldest daughter, Mai-garet, to the King of Scots. (?•) Rolls, 7 H. 7. Stat. Vol. II. Bacon's H. 7. P. H. II., 431. Dugdale's Sum- mons. This Parliament is there headed a. r. 7, which is right. But the Test is a. r. 6. In this instance, Dugdale deviates from his usual course and might mislead. In the subsequent Writs, the Tests are omitted. This Parliament consents that a Benevolence shall be gathered and levied "from the more able sort." This was devised hy Edw. 4, for which he sustained much reproach. It w^as abolished by Act of Parliament under Rich. 3, and now by consent of Parliament, which had not been granted to Edw. 4, revived by Hen. 7. (r) Rolls, 11 H. 7. Stat., Vol. II. Bacon. Dugdale. P. H. II., 437, which, by error, calls the year 1497, though at the same time charging others with " very great mistake." The Writs for this Parliament are tested Westminster, Sept. 15, being a notice of only 29 days. The Report I., 372, says, "By an Act, 11 H. 7, all Lands within North and South Tindale were made gildable and parcel of the County of Northum- berland." The object of the Policy of Edw. 1, in uniting Wales to England, had been in a great degree defeated by mal-administration of the Government, and by various severe Laws made principally during the reigns of the Princes of the House of Lan- caster, by which Wales had become almost a strange country to England. The House of Tudor adopted a different policy, and by these Laws, 27 Henry 8, Wales was allowed the benefit of English Laws, \c. (j) Rolls, 12 H. 7, where the year is called 149G. Bacon. Dugdale. ThcP.H.II., 441, makes the year 1498. Seven years now elapse without a ParUament. On the subject of the Grants to Hen. 7, and his love of money, the Pere D'Orlcans remarks " Le Peuple Anglois, le moins docile de tout le Peuple's, a payer des subsides a scs Rois, etoit toujours en garde contre lui quand il s'agissoit de cet Article." 193 HENRY VIII. Many Laws are made, and Petitions presented. A Subsidy is gi-anted. (t) HENRY VIII. (April 22, 1509.) 1510. Jan. 21. {Monday.) A Parliament is held at West- *"^' minster. Writs are directed, as usual, to all the Prelates, to the Duke of Buckingham, to the Marquis of Dorset, the Earls of North- umberland, Arundell, Oxford, Surrey, Kent, Essex, Derby, Shrewsbury, to the Barons, Clifford de Clifford, Nevyle de Bergavenny, Hastyngs de Hastyngs, West de la Warre, Lomley de Lomley, Brooke de Cobham, Sutton de Dudley, Nevill de Latimer, Willoughby de Willoughby, Somerset de Herbert, Darcy de Darcy, Coniers de Coniers, Blount de Mountjoy, Zouch de Zouch, Bourghchier de Fitz-Waryn, Ormond de Roch- ford, Fennis de Dacre, Ogle de Ogle, Bourghchier de Earners, Grey de Wilton, Stourton de Stourton, Dacre de Dacre, Scroope de Bolton, Grey Domo-. Ferrers de Groby, Devereux de Ferrers, George Fitz-H ugh, " Chivalers." Also, to the Chief Justice, John Finiux " JMiles," and 9 others, Judges, and the King's Attorney. The Assembly meets in the Great Chamber of the Palace, near the Eoyal Chapel or Oratory, and, the King sitting on his Throne, W. Warham, Archbishop of Canterbury, Lord Chan- cellor, declares the Cause of Summons. Receivers and Tryers are appointed to sit in the Chamber of the Treasury. Jan. 23. (Wednesday,) at 10 o'clock, the Commons present their Speaker, Thomas Inglefield, who makes the usual protest- ation for Liberty of Speech, &c., and is confirmed. It is unanimously agreed by the Lords Spiritual and Temporal, to meet every morning at nine o'clock. Jan. 24. (Thursday.) Four Bills are presented and read. The first, as usual, to confirm the Liberties of the Church, &c. Feb. 23. (29th day of Session.) The Commons, u-ith consent of the Lords Spiritual and Temporal, gi-ant a Supply of 2 Tenths and 2 Fifteenths, and the Parliament being assembled in the " Camera Crucis," the Chancellor, in the King's name, returns thanks and dissolves the Meeting, (u) 15)2. ^gj. 4. (Thursday.) A Parliament meets at West- A. R, . , * 3 minster. Writs are issued to the Prelates, as usual, to the Duke of Buckingham, Marquis of Dorset, 9 Earls, 26 Barons, (Chivalers) to the Chief Justice and 9 others, Judges, &c. (0 Rolls, 19 H. 7, where the year is 1503. The Statutes say. Parliament met on the 16 d. Jan. Bacon. The Tarl. Hist. II., 444, makes the year 1505. (k) See the Authorities, Pari. Hist. 111., pp. 1,9. Dugdale. Hume. It is to be understood in the preceding Parliaments, as well as in those which follow, that the Commons were summoned as they liad heretofore been, though the Writs to the She- riff's, if extant, have not been published. The .lournals of the House of Lords commence with this Reign, but are as yet very impcri'cct. To supplv these dcticicnccs, a valuable .iddition is prefixed, in the Rolls of the Parliaments of 'the years 1, 5, U, 15, 21, 22, 23, 21, 26, 27, Hen. 9, and the first of HENRY VIII. 199 William, Archbishop of Canterbury, Chancellor, opens the Session in the Painted Chamber. Receivers and Tryers are appointed. Feb. 5. The Commons present Robert Sheffield, Knight. Feb. 18. The Lord Chancellor opens to the Bishops and Lords in an especial manner the causes of calling this Parlia- ment, namely, an intended War with France. Afterwards, the liord Chancellor with the Treasurer and other Peers, goes down to the lower House and acquaints the Commons with these Matters. The Commons vote a large Supply. March 30. Parliament is prorogued to Nov. 4, (a. r. 4,) when 1312. a further Grant is made. ^' "■• Dec. 20. The Parliament is again prorogued to 3 Jan. 23, (y) and thence to NoV. 7, a. r. 5. '^^^• Feb. 5. {Monday.) A Parliament meets at West- \^'^; minster. g Writs issue to all the Prelates, the Dukes of Buckingham and Suffolk, the Marquis of Dorset, Earls, 2G Barons, (Chivalers,) the Chief Justice, and 9 others. The Archbishop of Canterbury, Chancellor, opens the Session in the Painted Chamber of the Palace. Receivers and Tryers are appointed. Feb. 6. The Commons present their Speaker, Thomas Nevile, Esq., who, after the usual forms, is allowed. The names of all the Lords, Spiritual and Temporal, then present, are entered on the Journals, to the number of 91 ; a practice observed daily. Feb. 10. The Chancellor, with other Peers, goes down to the Commons' House, and declares more particularly the cause of meeting, exhorting them diligently to consider the King's neces- sary expences. Feb. 14. A Committee of the Lords is appointed to consult with the Lower House on the state of aiFairs. ■ April 5. (Thursday, 60th day of Parliament.) A Subsidy is granted, and the Parliament is prorogued. (?«) Nov. 12. Writs for this prorogued meeting are issued to all a. r. the Prelates, to 3 Dukes, the Marquis of Dorset, 10 Pearls, 2^ 7 Barons (Chivalers.) Several Proxies are allowed, as usual, for absent Lords. Queen Mary. The Parliaments recorded in the Journals are those of the years 1, 3, 6, 7, 25, 28, 31, 33,34, 35, 37, 38, and to these no further reference will be made in the notes. The authorities quoted confirm, or extend, tlie Record. Fragments of the Lords' Journals, which do not occur in the printed Collection, have been found in the British Museum, and are appended to the Report on the Claim to the Barony of L'Isle, 8vo., 1829, viz., of the 2d and 3d March, 3 Henry 8, 1512 ; 4th and 5th February, 27 Henry 8, 1536 ; together with Notes of Proceedings from the Gth to the 2Gth of that month. A Copy of Garter's Roll of the Peers present in the Parliament holden at Westmin- ster, " the iiij. day of February, the thirde yere of oure Sovraigne Lord Kyng Henry the viij.," is in the Ashmolean Library. Vide Gentleman's Magazine, Vol. 102, pt. 2., p. 200. (d) Dugdale. Stowe. Hume. Pari. H. IIL, 14. The adjournment to Jan. 23, is on the authority of Lord Herbert. Garter King of Arms' Original Roll of the Peers in Parliament, in the 5th Henry 8, is preserved in the College of Arms. Garter's Original Roll of Peers, in the Parliament held at Westminster, 5th Feb- ruary, 6 Henry 8, has been published by Thomas Willement, Esq., F.S.A., 4to., 1829. {w) Dugdale. P. H. IIL, 16, which calls the next Meeting a Prorogation, on the authority of the Lord's Journals, though the Writ of Summons in Dugdale indicates a new Parliament. Lord Herbert, in mentioning the Statutes made this Session, says, " And because divers being weary with sitting so long in Parliament did depart home, without license, they only remaining who factiously combined tliemselves, with inten- 200 HENRY VIII. The Lord Chancellor opens the Session, anJ adjourns to the next day. JVov. 15. A Bill relating to the Service due to the King by those who held Lands in Fee, or Annuities from the Crown, is passed by the Lords, and sent down to the Commons, who (pro- bably; throw it out, as it does not pass into a Statute. Dec. -20. " Being Thursday in the afternoon and the Vigil of St. Thomas," it is ordered, "That every Lord, then absent, shall pay Ten Pounds." Dec. 21. A Bill is brought into the House of Lords, concernhig a Subsidy to be granted to the King, and by the Lord Chancel- lor is carried to the Commons. Dec. 22. (Saturday, 41st day of Parliament.) A Bill for a general Pardon, with 9 exceptions, is passed, and the Lord Chancellor sending for the Commons, thanks them in the King's name, and dissolves the Parliament, {x) 1523. April 15. {WednesdayJ) A Parliament is held "in 14 Camera Magna infra Domum Fratrum Prsedicatorum in Civ. London," (the Black Fryers.) Writs of Summons are issued to 2 Dukes, 7 Earls, 1 Viscount, the Prior of St. John of Jerusalem, and to 18 Barons (Chivalers.) Dr. Tunstal, Bishop of I^ondon, Lord Chancellor, opens the Session in the Parliament Chamber. Receivers and Tryers are appointed. April 18. (^Saturday, 4th day) The Commons present Thomas More, Knight, as their Speaker, who, after the usual excuse and Protestation, is admitted. Cardinal Wolsey, Prime Minister, demands a Supply, and to hasten it, goes in State to the Lower House ; but is informed by the Speaker, that his coming thither was neither expedient nor agreeable to the ancient Liberties of that House. After much ^ ^ debate, the Commons, by Assent of the Lords Spiritual and 15' Temporal, make a Grant. May 21. The Parliament is adjourned to June 10. In this interval the Cardinal, by his Power Legantine, dis- solves the Convocation at St. Paul's, called by the Archbishop of Canterbury, and summons him and all his Clergy, to his Convo- cation, at Westminster, (an act never before done in England.) June 22. On a motion for an increased Supply, doubt arising whether the Yeas or Noes had it, the Hou?e divides, the Citizens and Burgesses by themselves, and the Knights on the other side. tion to gain the major part of voices in anything they desired to obtain, it was ordered that they should lose their wages, if they went without the leave of the Speaker and Common House, to be entered in the Book of the Clerk of Parliament." The Act 6 H. 8, c. 6, Stat. III., 124, says, " Knights, Citizens, and Burgesses shall not depart from Parliament until the Session be ended, without license of the Speaker under pain of forfeiture of their wages." The Editors of the P. H. III., 21, observe upon this, " The Wages were levied by the Sheriffs, and the most ancient writs for Knights Wages ex- tant are the 28, 29 and 32 Edw. 1. The first Statute concerning them is 12th Rich. 2, * That the levying of the Knights' Expences shall be as hath been used before this time.' In the time of Edw. 4, the Wages were 4s. per diem for Knights of the Shire, and 2s., at least, for Burgesses ; besides the charges of going and coming, Fees for Writs, &c." Andrew Marvel, M. P. for Hull, in the reign of Queen Anne, is said to have been the last person who received these Wages. (.rl Dugdale. Stowe. P. H. III., 22. According to the Statutes and Dugdale, no Parliament occurred for 7 years, a fact confirmed also by the Rolls, which pass from the year 5 Heu. 8, to 14. HENRY VIII. 201 The former affirm that the INIotioiiers are enemies to the Realm. Tlie Sjieaker calls tliem together, and it is at length agreed to grant tlie required Supplies. The King being inibrmed ot" the proceedings, threatens to behead a Member tor his opposition. On the next day the Bill passes. July 2Q, { Wednesday, WQth day.) The Plague raging more and more, especially about the King's Palace, at Bridewell, tlie Parliament is prorogued to ,the Friday following, (31st), at Westminster. Aug. 13. {Thursday, 130//i day.") "In Camera Parliament! infra Palatium ^yestm., at 9 p. m., the Chancellor dissolves the Parliament, (y) A great Council is held at Yorke Place, (z) ^^^s, Nov. 3, {Morrow of All Souls.) A Parliament is u' summoned to London, "apud Fratres Prsedicatores," '^^^• and then, on account of the Plague, adjourned to Nov. 21 4, at Westminster. Writs are addressed to all the Prelates, to the Dukes of Rich- mond and Somerset, the Uukes of Norfolk and Suffolk, 2 Mar- quisses, 9 Earls, 3 Viscounts, 27 Barons (Chivalers), to the Chief Justice and 8 others. Sir Thomas More, Lord Chancellor, opens the Session. Addressing the Commons, he says, " 'Fhat because they were a great number, and could not speak all at one time, the King's pleasure was, that they should resort to their own House, and there amongst themselves, according to ancient custom, choose an able person to be their Common Mouth and Speaker, &c."'' Nov. C. They present to the King, Thomas Audley, Esq., as Prolocutor, who, after the customary excuse and pi-otestation, is admitted. Articles are exhibited against Cardinal Wolsey ; and Bills are brought in for reforming the Abuses of the Clei'gy. (a) July 30. An adjourned Session is held. 1530. A Letter concerning the Abuses of tlie Church, is drawn up a. r. and addressed to the Pope. It is subscribed b_y the 2 Arch- 22 bishops, 2 Dukes, 2 Marquisses, 13 Earls, 4 Bishops, 23 Barons, 22 Abbots, 11 Knights and Doctors in Parliament. The Parliament is adjourned. Jan. 16. The Parliament re-assembles. issi. A Debate takes place on the King's Pardon for all Spiritual ■*•**• Persons concerned with the late Cardinal. March W. The Chancellor and a Committee of 12, commu- nicate to the Commons the Proceedings on the Divorce. Many Laws are made. (6) (y) Dugdale. Hume. Stowe. Baker, and the Authorities, P. H. III., 27— 35. On the 27th of April, Sir Arthur Plantagenet was created Viscount L'Isle ; Sir Maurice Berkeley, Lord Berkeley ; Sir William Sandys, Lord Sandys ; and Sir Nicholas Vaux, Lord Vaiix ; " the solemnity of their creation being at the King's Royal Palace of Bridewell." Stowe. See also the Cases and Proceedings on the Claim to the Barony of Vaux in 1836. (z) Stowe. (a) Dugdale. Hume. Stowe. P. H. III., 40, 55, which says, this Parliament, was prorogued to July 30. The Rolls and Lords' Journals contain no such Prorogation. (6) P. H. III., 79. Also Stowe. Hume. No Parliamentary Pawns or Writs of Summons between thp 22d and 28th Henry 8 are preserved, and the earliest entry on the Lords' Journals after the 7th Henry 8, is on 15th January, 25 Henry 8, 1534. Dd 202 HENRY VIII. 1532. Jan. 15. The same Parliament re-assembles, for the 4th time, A. R. After long Debates on the Exactions of the Clergy in their 2° Ecclesiastical Courts, it is resolved that these grievances shall be put in writing and presented to the King. March 18. The Speaker, accompanied by divers Knights of the Shire and Burgesses, goes into the King's presence and declares how the Laity are oppressed by the Prelates and their Ordinaries, and delivers in a Schedule of their Grievances, in writing. He further beseeches the King to consider the fatigue, charge and cost, his humble Subjects of the lower House have sustained since the beginning of this Parliament, and that it may please his Majesty ont of his princely berdgnitij to dissolve the Par- liament, that his Subjects may retire home to their own Counti-ies. The King replies, " If they expect any benefit in their Com- plaints, they must stay the time, or depart without a remedy." 1532. The Parliament, on occasion of Easter, (March 31), is pro- rogued to April 10, when it re-assembles. Several Acts are passed. In consequence of the Plague breaking out at Westminster, the Parliament is prorogued. 1533. Feb. 4. The Parliament re-assembles, and continues to A. R. May 15. (c) 2^ Several Statutes are made. '^^*' Jan. 15. {Thursday.) A Parliament is held (by 25* prorogation) at Westminster. Writs are directed to all the Prelates, to 3 Dukes, 2 Marquisses, 11 Earls, 1 Viscount, 33 Barons (Chivalers.) The first day is taken up in reading appointments of Proxies for the absent Loi-ds. After which the Chancellor adjourns the Parliament to Saturday, the 17th, then to Monda3% 19th Jan. Thirty Four Acts are passed. One of which ordains that all Convocations shall be henceforth called by the King's Writ, " That no Canons, Constitutions or Ordinances shall be made or put in execution within this Realm by authority of the Con- vocation of the Clergy, which shall be contrariant or repugnant to the King's Prerogative Iloyal, or the Customs, Laws or Statutes of the llealm." And that seeing the time of this Par- liament is too short, the King shall appoint thirty-two persons to survey the Canons and Constitutions, which may be ))re- judicial to the King's Prerogative, contrary to the Statutes of the llealm, and enormous to the People, for the Confirmation, or Abolition of the same. An Act also passes for establishing the succession of the Crown. March 30, (Monday, 75th day of Parliament.) Sir Thomas Audley, Knight, Lord Chancellor, commands the attendance of all the Lords Spiritual and Temporal, in their Parliament Ilobes, together with the Members of the House of Commons, at 2 o'clock, p. m., when being seated according to their ranks. Sir Humphrey Wingfield, Knight, Speaker, presents the Bills for the Royal Assent. The Chancellor returns an answer, and thanking both Houses, prorogues the Parliament to Nov 3, fol- lowing, when, without further notice, all ai'e commanded to attend, (d) (c) These various Meetings and Adjournments are noticed in the P. H. lU., 84 to 92, where, however, some confusion is admitted. The Meeting of Feb. 4, occin-s in Stowe atid Hume, V)ut the Authors of the P. Hist.,mentionins the same, make it follow one of April, l.'iSS, a. u. 24, which was, no doubt, the same Parliament. (rf) Dugdale's Summonses, 1533. Pari. Hist. III., 20. Stowe does not consider it a Prorogued Parliament. Baker places it anno 2ti. 2B HENRY VIII. 203 Nov. 3. The Parliament re-assembles. 1534. ]\Ianv Acts are passed, (e) ■*. r. Feb. 4. The Parliament, after a long prorogation, re-assembles. 2b INIany Acts are passed, particularly that for the Suppression ^^^o- of the lesser Monasteries. 27' This Parliament, of Six Years, is dissolved April 4. (/) June 8. A Parliament is held at Westminster. Writs are addressed to all the Prelates, to 3 Dukes, 2 Marquis- ses, 13 P.arls, 1 Viscount, 32 Barons (Chivalers.) The King being on his Throne, and the Lords and Commons attending. Sir Thomas Audley, Knight, Lord Chancellor, opens the Cause of Summons. The Commons are ordered to with- draw to choose a Speaker. Receivers and Tryers of Petitions are appointed. June 9. (Saturday.) The Chancellor acquaints the King and Lords, that the Commons beg a longer time to elect a Speaker. The House of Lords is, accordingly, by the King, adjourned to Monday. June 11. {Monday.) The Commons present Robert Rich, Esq., as Speaker.who excuses himself, and makes the usual Protestation for Liberty of Speech, &c. He is answered, and accepted. An Act passes for the succession, declaring the Issue of Queens Catherine and Ann, illegitimate, and legalizing that of Lady Jane Seymour. An Act also passes for utterly abolishing the Papal Power. Further Proceedings are also taken against the Clergy, especi- ally as to Non-Residence. it is also enacted, " That whatsoever Acts were made before the King's Successors were twenty-four years of age, they might, at anv time of their lives after, repeal and annul by their Let- ters Patents, Avhich should have equal force with a Repeal by Act of Parliament. July 18. The King passes the Bills which are ready for the Royal Assent. The'Sj^eaker makes an Oration, to which the Chancellor replies, and then dissolves the Parliament, (g) The statutes give only 22 Acts as passed, the Lords Journals 34. For the Act "For the Submission of the Clergy to the King's Majesty," see Stat. 111., 460, 25 H. 8, c. 19. (e) This date is from the Statute Books, the Lords' Journals, Hall and Lord Herbert. "According to the Preamble of the Statutes, says the Pail. Hist. 111. 113, this Session continued to Dec. 18; which is scarcely probable, as they met once more by prorogation on the 4th Feb., of the next year." But the Statutes make no mention of the "Termination of the Session. (/) Bishop Burnet calls this a Prorogation of 14 months. Pari. H. III. 114. Hume and Baker gives this date, 4 Feb. Stowe, the 28th Feb. Hume says the Par- liament was dissolved April 14, after it had continued by prorogations for six years. The P. H. says April 4. Neither gives the Authority. (^^ Dugdale. Stowe. Baker. Hume. P. H. 111. 118, which from Dugdale and the Feed. Angl., T. XIV, p. 56.5, gives the Writs as well to the Lords Spiritual and Temporal as to the High SheriflTs, Mayors, Bailiffs and Burgesses. It also cites the Journals, which here recommence. The Priors of Coventry and St. John of Jerusalem had been summoned to the pre- vious Parliaments of Henry, and attended this. The last day they were ever pre- sent in Parliament, was Thursday, the 18th July, 1536, 28 H. 8. That some delicacy was exhibited towards tliis latter Dignitary, appears from the excuse made on ac- count of illness, and the appointment of a Proxy for the Parliament commencing April 28, 1.539. Lords' Journals I. 101. . • v, . i The short restoration of the Prior of St. John under Philip and Mary, which took place with that of tlie Abbot of Westminstet, a. 4 and 5, Thursday, the 20tli Jan., 1556, and which, as regarded the Prior, terminated on March 3, 1.558, a. 1 Eliz., u scarcely to be deemed an exception to the general fact. 204 HENRY VIII. 1539. jp^-ii 28. {Mondmj.) A Parliament is lield at West- si ' minster. Writs are directed to the Archbishops, 18 Bishops, (with the Clause), and to 19 Abbots ; also to Thomas Audley, Chancel- lor, the Duke of Norlblk, Treasurer, the Duke of Suffolk, Seneschal. "• Hospitii Regis," the ftlarquis of Dorset, to 15 Earls, 1 Viscount (Lisle), 27 Barons (Chivalers.) After the solemn Ceremony of Mass, (as customary), the King, with his Nobles, proceeds to the Parliament Chamber, when the Lord Chancellor declares the Causes of assembling. Receivers and Tryers are appointed. Mr. Nicholas Hare is chosen Speaker, and is Knighted. The meeting is adjourned to Saturday, the 3d of May, at 9, a. m. May 5. A Committee is appointed " to pluck up and extirpate the diversities of opinions concerning the Christian Religion in this Kingdom." A Bill is also brought in, for the appointment of Seats and Places in that Assembly, for the King's Chief Officers, viz., the King's Vicar General in Spiritualities, the Lord Chancellor, Lord Treasurer and others ; that from thenceforth there might be no more dispute about them. In the case of certain Attainders and Executions, in which the accused Parties are not brought to trial, and which met great opposition in Parliament, the Judges give an opinion " That it is a new and dangerous Question ; That Equity, Justice and all sorts of I^aws require that the accused be heard; That, however, the Parliament being the Supreme Court of the Realm, from which there could be no Appeal, the validity of their Sentences, of what nature soever they were, cannot be questioned." ilff/y 13. The Lord Chancellor, Audley, brings in the Bill for the total Suppression of Monasteries. May 23. Parliament is prorogued to Friday, 30th May ; when it re-assembles. (17th da_%.) June 7. The Bill (called "the Bloody," or "the Lash with Six Strings,") for the uniformity of Belief, is brought in, and passes, June 10. Jitne 28. {Saturday, 40th day of Parliament and 24th after Prorogation.) The Lord Chancellor prorogues the Parliament to Nov. 3. (/») Nov. 3. {Monday, 41st day of Parliament.) The Parliament meets, but is prorogued, by Commissioners, to Jan. 14. 1540. J"n- 14 (Wedneaday.) A further Prorogation takes place to A. R. April 12. (i) SI April 12. (43d day.) The Parliament meets in the Parliament Chamber, in the Old Palace, Westminster. The Lord Chancellor opens the Session. (h) Dugdalc describes the Ceremony and Solemnities at length. The P. H. IJI. 135, gives the order of Procession from the same, and from tlie Journals, which in some respects differ. Stowe and Hume call the year, 1538. Baker brings this Session to July, and omits tlie prorogued meeting. The" last day the Abbots sat in Parliament was Saturd.-iy the 28th of June, 1539. Journals of Lords I., 121. The Abbot of Westminster was indeed a solitary instance of resloation under Queen Mary, but he sat no longer than Monday the 8th of May, 1559, in tlie roign of Elizabeth. J. of L. I., 578. The Statutes III., 726. 31 II. 8., c. x., give the Act for placing the Lords in Par- liament; & c. viii., That the King's Proclamations shall nave the force of Jets of Parliament. \i) Pari. Hist. 111., 155, 157. HENRY VIII. 205 May 8. A Subsidy is granted. a. n. May 11. {Tuesday, IGtli of Session, and 58th of Parliament.) 32 The Speaker, Sir Nicholas Hare, with the IMembers, comes up to the House of Lords.wlien the Chancellor prorogues the Meeting to May 25, when the Parliament re-assembles. The Act of Attainder of Thomas, Lord Cromwell, the Divorce of the King, and 7" Acts are passed. July 24. (59th of the Session, and 100th of Parliament. ) The King comes to the House of Lords, with the usual ceremony, in order to pass tiie Bills, and put an end to the Parliament. The Speaker of the Connnons addresses an Oration to the King on the Throne. (A-) Jan. 16. {Monday.) A Parliament is held at West- 1542. miiister. ^'33"^' Writs are issued to the Prelates, as usual, to Thomas Audley, Chancellor, the Dukes of Norfolk and Suffolk, Marquis of Dorset, 14 Earls, one Viscount, 26 Barons, (Chivalers,) the Judges, Serjeants-at Law, the King's Solicitor and Attorney, the Master of the Ilolls, and to the Sheriffs, and others. The Chancellor opens the Session. Receivers and Tryers are appointed. Jan. 20. (Friday.) The Commons present their Speaker, Thomas INIoyle, Esq., who is confirmed. Proceedings take place on the Attainder of Queen Catherine. Feb. 4. (Saturday.) Parliament is prorogued to Tuesday, 14th. Many Acts are passed. April 1. Parliament is prorogued to Nov. 3. A Member of the House of Commons having been arrested for debt, whilst the House was sitting, the King not only permits the Commons to release him, but punishes the Offenders. The two Sheriffs of London are committed to the Tower, one of the Bailiffs to a place called " Little Ease," and the rest to Newgate. Nov. 3. (Friday.) Parliament is adjourned to Jan. 22. a. r Jan. 22. (Monday.) Parliament meets. (Second Session.) 34 Many Statutes are made, and a Subsidy granted. 1543. May 2. A Bill for making Knights and Burgesses in the ■*. r. County and Cit^- of Chester passes into an Act. 34 May 12. (Saturday.) The King comes to the House of a. r. Lords, and prorogues the Parliament to Nov. 3. 35 Nov. 3. Parliament is again prorogued to Jan. 14. Jan. 14. (Monday.) (Third Session.) A Parliament meets, 1644.. by Writs issued to all the Prelates, the Chancellor, 2 Dukes, a. r. Marquis of Dorset, 14 Earls, one Viscount, 27 Barons. 35 Feb. 5. A Conference is held at eight o'clock, a. m., between a Connnittee of 12 Lords, and as many of the Commons, who, the next day, send up a Bill for altering the King's Stile. It is ordained, that the Stile of " King of England, France, and Ireland, Defender of the Faith ; and of the Church of England, and also of Ireland, in Earth, the Supreme Head," shall be united and annexed for ever unto the Imperial Crown of this Ilealm of England. Feb. 7. An Act passes for settling the succession. Many other public and private Acts pass. (k) P. H. III., In7-172. Garter's Original Roll of tlie Peers in this ravliamcnt is preserved in the College of Arms, 86 A. R 37 206 HENRY VIII. March 29. The Parliament is dissolved by Commission. (/) 1545, Jan. 30. A Parliament meets at Westminster. Writs are issued to Thomas Wriothesley, Miles, Dominus de Wriothesley, Chancellor, to the Duke of Norfolk, Treasurer, the Duke of Suffolk, " Magno ]\Iagistro Hospitii llegis, et Proesidi Consilii," to the IMarquis of Dorset, 13 Earls, (including the Great Chamberlain of England,) one Viscount, (High Ad- miral,) 27 Barons, Chivalers, (including the Keeper of the Privy Seal. (»i) Nov. 23. {Monday.) A Parliament assembles at Westminster. Writs are directed as to the last, omitting the Duke of Suffolk, and including only 25 Damns. («) Receivers and Tryers of Petitions are appointed. Dec, 14. A Subsidy is granted; and, Dec. 15, a Bill is passed by both Houses, for the Dissolution of all Colleges, Chantries, Hospitals, Free Chapels, &c. IManj' Acts are passed. Dec. 24. The King passes the Bills, and prorogues the Par- liament to Nov. 4. 1546. Nov. 4. The Parliament is again prorogued to Jan. 14. A R- Jan. 14. {Friday.) A Parliament meets at Westminster. 38 Writs are sent to the Lord Chancellor, the Marquis of Dorset, 1S4.7- 13 Eai'ls, one Viscount, 24 Barons, (Chivalers). The Duke of Norfolk, and his Son, Earl of Surrey, are at- tainted. Jan. 31. {Monday.) The Lord Chancellor declares to both Houses, the King's death, which happened " prime mane" on Friday, the 28th, and that the Parliament is dissolved, (o) (,1) Dugdale. Stowe. Baker. Hume. P. H. III., 173, which cites Rymer's Feed. T. XIV., 737. See, in the P. H., all the proceedings relating to this case of Privilege, and the King's Speech thereon. The affair is said to have occupied a fortnight. See also the Proceedings of the Privy Council, 1st April, 1542, Vol. VII., p. 332. Two Members of the House of Commons having brought a malicious accusation against the President of the Council of Wales, were committed to the Fleet ; but they claimed the Privilege of the House, and the Privy Council ordered them to be set at large, upon their bonds to appear before the Council once a week during Parliament, and from time to time afterwards. Proceedings and Ordinances of the Privy Council, 15th Februarv, 33 Henry 8, 1542, Vol. Vll. p. 30G. The adjournment from May 12, 1543, to the following Nov. 3, is taken from the P. H., p. 190, but the Writ, in" Dugdale, for June 14, a. r. 35, shows that some error is admitted here, which it is not easy to correct. It is, however, also impossible to recon- cile Dugdale's account, which states the 14th June to have happened on Monday. The Dominical Letter of 1643 is G. The Mondays, therefore, would be the 1 1th and isth. Neither does the necessary Letter C, occur otherwise than in 1340 and 15411. The only correspondence as to the year and day can be obtained by supposing that the 14th Jan., 1544, is meant, on which day, according to the P. H. from the Journals, a Parliament met, which is also noticed bv Hume .ind others. The Act for the Submission of the Clergy in Convocation of 8 H. 6, c. 1, and 25 H. 8, c. 19, is made more explicit for the examination and Keformation of the Canon Law, 35 H. 8, c. IG. , , , By an Act passed, 33 H. 8, c. 20, Attainder at Common Law is declared of equal force with Attainder by Parliament. Stat, 111., 1.57. By another Act, 34-35 II. 8, c. 13, Kniglits and Burgesses arc to have places in the Parliament for the County Palatine and City of Chester. Stat. III., 911. (m) Dugdale. The P. H. and Historians take no notice of this Session. in) Dugdale. Stowe. Baker. Hume. P. H. III. 202-209. (o) Dugdale. Baker. Hume. P. 11. III., 210. A. R. 38 EDWARD VI. 207 EDWARD VI. (^Jan. 28, 1547.) Nov ^. {Friday.) A Parliament is held at Westmin- ^547. ster. (I. First Session.) , . ^ . c. ^ Writs are directed to William Paulet, "Militi," Domino St. John, " Magno Magistro Hospitii llegis, ac Prsesidi Consilii, necnon Custodi Magni Sigilli," to tlie King's Uncle, Edward, Duke of Somerset, '' Gubernator Personse Regis, ac Regnorum et Dominiorum nostrorum quoriimcunque Protectori," to the Marnuisses Dorset and Northampton, to the Earls of Arundel, Oxford, Derby, Huntingdon, Sussex, Shrewsbury, Worcester Westmoreland, Bath, Warwick, (Magno Camerario Angliae,) Southampton, Bridgewater, to the Barons, John Russell, Domino Russell, Keeper Privv Seal, Tuchet de Audley, West de la Warr, Parker de Morlev, Devereux de Ferrers, Dacre de Dacre, Do- mino Souche, Scrope de Bolton, Stourton de Stourton, NeviU de Latimer, Broke de Cobham, Domino Sandes, Domino Con- yers, Grey de Powes, Grev de Wilton, Stanley de Blontegle, Domino Vaux, Domino "Wvndsore, Went worth. Borough, Mordaunt, Clvnton, Domino Seymour de Sudley, CMagno Ad- mirallo Anglia?,) Domino Parr de Horton, Domino Cromwell, AVharton, Evers, Domino Willoughbyde Parham, Domuio Riche, Sheffeild, Domino SheiFeild, Domino Bray, Chivalers. The Kino- sitting in the Parliament Chamber, with the Lords on both sides, and the Commons below the Bar, commands the Clerk of Parliament to read the Commission, appointing the Protector's Seat in Parliament. Lord Rich, Lord Chancellor, opens the Session. Sir John Baker, Knight, is Speaker of the Commons. Nov. 10. The Statute of Prerogative, 28 Henry 8, is repealed. Numerous important Bills are passed. Dec. 24. The Lord Protector gives assent to the Bills, and the Lord Chancellor prorogues the Parliament to April 20, next ensuing. (;;) „^, „^ ... ,.,„ April 20. Parliament meets, but, on account of the War with lo4-8. Scotland, is again prorogued to Oct. 15. a. r. Oct. 15. It is again prorogued to Nov. 24, on account ot the ^ " Plague," (the Sweating Sickness), to Nov. 24. (Saturdai/.) (Second Session.) The Parliament meets at Westminster. Writs are directed to Richard Riche, Chivaler, Chancellor, 2 Marquisses, 13 Earls, 2? Barons. Dec. 21. The Chancellor adjourns the House to Jan. 2, the Morrow of the Circumcision. Jan 2. The Parliament meets again. 1549. Jan 15. An Act is passed for Uniformity of Religion, tor a. r. allowino- Priests to marry ; and for better supporting the Pa- i rochial Clergy, besides other Acts to the number of 60, public and private. Col DuBdale P. H. 111., 216 and seq. With this Reign commence the Journals of thl^CoSmonsrwhfch "lace the beginning of the Varliament on Tuesday, Nov. 8. A. R 4 A. K. 208 EDWARD VI. March 12, A Subsidy is ganted, and on Thursdav, 14th, a Bill for a general pardon passes, and the Parliament is prorogued to Nov. 4. ((/) A. R. 2\^ov. 4. {Monday.) The Parliament re-assembles, (third 3 Session), and continues to sit every day during the Holidays, 1550. excepting Christmas Day. Many Acts are passed. Jan. 2. Proceedings are taken against the Protector, Duke of Somerset. Feb. 1. {Saturday.) The King comes to the House, and after giving assent to the Bills, prorogues the Parliament to April 21, next following. After a debate in the Commons House, it is carried that " Sir Francis Russel, being by the death of his elder Brother, Heir apparent to the Lord Russel, shall still abide in the House as he was before." (r) April 21. The Parliament is again prorogued to Oct. 10, and 1551. from that day, to Jan. 20, (1551), and again to March 2. It is further prorogued to Oct. 13, and again to Jan. 23. 1652. «^«'i' 23. (Saturday.) The fourth Session of the Fu-st Parlia- ment, commences at Westminster. 6 "Writs are issued to the Bishop of Ely, Chancellor, to the Duke of Northumberland, President of the Council, the Duke of Suffolk, Marquis of Winchester, Treasurer, Marquis of North- ampton, Great Chamberlain, 12 Earls, 1 Viscount, J. Russell, Keeper of the Privy Seal, and 29 Barons (Chivalers.) Many Acts are passed relating to the Clergy, and religious Observances, for the Relief of the Poor, &c. Feb. 22. It is ordered in the Commons, "That if any Burgess requires Privilege for him or his servant, he shall, upon dechira- tion, have a warrant, signed by Mr. Speaker, to obtain the Writ ; and for that Wm. Ward, Burgess of Lancaster, obtained a Writ of Privilege out of the Chancery, without a Warrant from this House, it is committed to Mr. Mason and others, to examine and certify, &c. March 18. It is ordered that Hugh Fludde, Servant to Sir A. Wvngefylde, shall have Privilege ; but on the 28th, on sup- plication of Gurdon,he is set without the Privilege, and the Sergeant is directed to deliver him Prisoner to the Sheriff of London. On the dissolution, he is ordered to remain a Prisoner in the Counter until he have satisfied or agreed with Gurdon. The Duke of Somerset is again attainted, and is beheaded. April 15. (Friday.) After 5 years, the Parliament is (/mo/trrf 6 by a Commission from the King, then ill " of the Measles and Small Pox." (s) A. n. (q) Dugdale. P. H. Ill , 233-248. The adjournments to Jan. 2, were made in the absence of the Lord Chancellor, by the Lord Protector, and one, by the Lord Keeper, without any recorded Commission from the King. (y) P. Hist, 1IL,248. It is said of this Session, that on the 21st of Jwrae, the Reso- lution of the Commons was adopted as to the eldest sons of Peers, who before were not allowed to be members of that House. But this must be an error as to date. From the Reign of Edward 4, if not earlier, the eldest Sons of Peers were occa- sionally summoned to the Upper House, in their Fathers' Baronies. (s) Dugdale. P. H. III., 253-264. The Journals of the Lords give this 23d Jan., 1051-2, as A. H. fi. The Commons, a. r. 5. Dugdale concludes the Parliament commenced on Sat. Jan. 23, 1552, thus— " Dissolu- tium fuit hoc Pari. 15 d. Aprilis, anno Kegni Reg. Edw. 6, Sexto." He then gives the "Pari, inchoatum apud Westm. primo die Martii a. R. u. Sexto," which must evidently be an error for " Septimo." But he gives also, " Parliamentum inchoatum apud V^'estm. decimo octavo die Septembris, a. R. R. Septimo." As the King died July A. R. 7, no sicch Parliament can have taken place. EDWAKIJ VI. 209 March 1. {JVednesday.) A Parliament meets at West- '•'^^s. minster. '7"' Writs are issued (o the Marquis of Winchester, Treasurer, 2 Dukes, 1 Marquis, 14 Earls, 1 Viscount, 31 Barons (Chivalers et Domini.) Letters are addressed to every Sheriff to the following effect, "We have thouglit it meet for the furtherance of such Causes as ai'e to be propounded to the said Parliament, for the com- mon weal of our llealm, tliat in the Election of sucli persons as shall be sent to the Parliament, either from our Counties as Knights of Shires, or from our Cities and Eoroughs, there be good regard had, that the Choice be made of men of (jravily and knowledge in Ihcir own Countries and Toivns, Jit, for their under- standinys and qua/ilies, to be of such a great Counail. And there- fore, since some jjart of the j)roceedings herein shall rest in you, b}' virtue of your office, we do for the great desire we have, that this our Parliament may bo assembled with Personages out of every County, of tcisdom and experience, at this present, will and command you that ye shall give notice, as well to tiie Free- holders of your County, as to the Citizens and Burgesses of any City or Borough, which shall have any of our Writs by 3()ur direction, for the Election of Citizens and Burgesses, that om- pleasure and commandment is, that ihei/ shall choose and appoint (as nigh as they possibly may) men of knowledge and experience, within the Counties, Cities and Boroughs; so as bytheAsemblv of such, we may, by God's goodness, provide (through the know- ledge and advice of the said Parliament) for the redress in the lacks of our Commonweal more effectually than heretofore hath been. And yet, nevertheless, our pleasure is, that where our Privy Council, or any of them within their Jurisdictions, in our behalf^ shall recommend men of learning and ivisdom ; in such case, their directions shall be regarded and followed, as tendino- to the same which we desire, that is, to have this Assembly of the most chiefest men of our Realm, for advice and good Council.'" The Sheriffs of Ham])siiire, Suffolk, Bedfordshire, Surrey, Cambridgeshire, Berks, Oxfordshire and Northamptonshire, are then desired to return certain individuals, wlioiii the King re- commends by name. The Parliament assembles in White Hall ; the Lords Spi- ritual and Temporal in their Eobes. A Sermon is preached, in the King's Chapel, by the Bishop of London ; and his Majesty, with divers Lords, receives the Communion. The King, with the Lords, then goes into the King's Great Chamber, where the Bishop of Ely, Lord Chancellor, opens the Session. March 2. The Commons present James Diar, Esq., as their Speaker. March 4. {Saturday.) At two, p. ii , the Speaker makes his Speech before the King, at the Waiting Chamber in the Palace. JNIany Acts are passed ; and a Bill for a Subsidy having, after great debates, in the Connnons, been sent up to the Lords on the 13th, is by them passed, March 17. The Bishopric of Durham is suppressed, and divided into two Bishoprics. March 31. (Friday.) The Parliament is dissulred. E e 210 MARY. MARY. {.July G, 1553.) 1553. October b, {Thursday.) A Parliament meets, in the 'i** Parliament Chamber, at Westminster. Writs are addressed to the Marquis of AVinchester, Treasurer, the Duke of Norfolk, the Earls of Arundel, Bedford, Derby, Sussex, Shrewsbury, Rutland, Huntingdon, Oxford, Worcester, Cumberland, Westmoreland, Bath, Pembroke, Devon, the Vis- count Hereford, Thomas West de la Warre, Chivaler, Broke de Cobhanij^Chivaler, NevilTdeLatymer, Chivaler, Zouche Domino Z^ouche, Parker Domino Morley, Chivaler, Riche Domino Iliche, Chivaler, Willoughby Domino W^illoughby, Chivaler, Domino Evers, Chivaler, Domino Darcy, Chivaler, Domino Wharton, Chivaler, Domino Bergavenny, Domino Sandys, Domino Mor- daunt, Chivaler, Domino Ogle, Domino Burghe, Domino Bray, Domino Vaux de Harroden, Domino Wyndesore, Chivaler, Grey de Wilton, Chivaler, Sturton de Sturton, Chivaler, Dacres de Gillesland, Chivaler, Stanley de Montegle, Chivaler, Tuciiet de Audley, Chivaler, Fenys Domino Clynton, High-Admiral of England, Darcy de Chiche, Chivaler, Domino Paget de Beau- desert, Chivaler, Domino Wentworth, Chivaler, Domino Conyers, Domino Stafford, Lumley de Lumley, Chivaler, Domino Talbot, Domino Fitzwauter. A Solemn Mass of the Holy Ghost is sung in Westminster Church, according to ancient custom. The Assembly then ad- journs to the Parliament House. The Bishop of Winchester, Lord Chancellor, opens the Par- liament. John Pollard, Esq., is elected Speaker. OcL 6. Dr. Novvel being i-eturned a Member for Looe, in Cornwall, and being also a Prebendai-y of Westminster, it is debated whether he shall sit in that House. A Committee re- ports the Precedents, and it is resolved, That being represented in the Convocation, he cannot be a Member of that House. He is expelled accordingly. Among other Acts, one is passed declaring the Queen's Legi- timacy. Oct. 21. [Saturday.) The Parliament is prorogued to Oct. 24. AH Acts in favour of the lleformation are repealed after a Debate of Six Days. Acts of Attainder are reversed, and others confirmed. Oct. 24. The Parliament is again prorogued to Dec. 5. Dec. 5. {Tuesday.) The Queen gives assent to 31 Acts, and dlssolces the Parliament. (/) 1554.. April 2. {Monday.) A Parliament (II.) is summoned ^"i"^' to Oxford, but is removed, and meets at Westminster. «) Journals Commons. Dugdale. P. H. III., 289-300. The Rolls of Parliament which are prefixed to and supply the deficiencies in the Journals of the House ol' Lords, conimenre Henry 8, a. d. 1513, and terminate with this Parliament. MARY. 211 Writs issue to the Marquis of Winchester, Treasurer, tlie Duke of Norfolk, 13 Earls, 1 Viscount, 34 Barons. Three days are taken up in reading Writs for apjiointing Proxies, and introducing new Peers. April b. The Bishop of Wincliester, Lord Chancellor, informs the House, that by reason of the high winds and inclemency of the weather, the Queen cannot, without danger, come down to AV^estminster, therefore he adjourns the Parliament to White- hall, to meet the next morning, at 9 o'clock. April 6. The Lord Chancellor declares the Cause of Meet- ing, lleceivers and Tryers are appointed. Tlie Knights, Citizens and Burgesses elect Robert Brooke, Esq., as Speaker. An Act is passed relating to the Queen's Marriage with Philip, of Spain. Another Act, confirming the Prerogative to the Crown, whether in the Hands of jNIale or Female. The Bishoprick of Durham is re-established. Several other Acts are passed. Mr. Beaumont, a Member of the House of Commons, having served a Subpoena on the Earl of Huntingdon in Parliament time, April 17, the Lords send some of the Judges to the Lower House with the Subpoena, and pray the Order of the House, for that offence. After debate, it is Resolved, that Eight Members of that House, shall declare to the Lords, "That they take the executing this Writ to be no breach of Privilege." May 5. {Saturday.) The Queen gives Assent to 15 Bills, and dissolves the Parliament, (u) Nov. 12. {Monday.) A Parliament is held at West- 1554. minster ^^ Writs are directed to the Marquis of Winchester, Treasurer, Mary. 13 Earls, 1 Viscount, 37 Barons (Chivalers et Domini.) a. r. Letters are addressed by the Queen to all the Sheriffs, " These 1 & 2 shall be to will and command you, that for withstanding such Malice as the Devil worketh by his Ministers for the Mainten- ance of Heresies and Seditions, ye now, on our behalf, admonish such our good loving Subjects, as by order of our Writs, should, within that County, choose Knights, Citizens and Burgesses, to repair from thence to this our Parliament, to be of their In- habitants as the Laws require, and of the ivise, grave and Catholic Sort; such as, indeed, mean the true Honor of God, with the prosperity of the Commonwealth," &c. &c. The Bishop of Winchester, Lord Chancellor, after the usual ceremonies, opens the Parliament. The Commons elect Clement Higham, Esq., one of the Privy Council, to be their Speaker, who, after an excellent Oration, is accepted. The Cardinal Pole's Attainder is reversed, and he is intro- duced by the Lord Chancellor. The whole Court of Parliament draws up a Supplication, de- claring their Sorrow for past Proceedings against the Pope; and all Acts against the Pope are repealed, o?i condition that he tvill confirm their Purchases of Abbey and Chantry Lands ! The former Acts against Heresy are revived. Jan. 15. A Bill is sent to the Lords from the Commons, to punish absent Members of the House of Commons. («) Journals of Lords and Commons, Dugdalc. r. H III., 302-310. 5312 ]MA11V. Jan IG. (Wednesday.) The Parliament is (/iiw/yet/. During this Session, a Voluntary Secession takes place of several J\Ienibers of the House of Connnons, who leave the House, when they see the Majority inclined to sacrifice every thing to the Ministry. For this, they are indicted by the Queen's Attorney-Cienei'al, in the King's liench. (w) 1566. OcL2\. {Monday.) A Parliament meets at West- 2"& 3 minster. Writs are addressed to the Marquis of Winchester, Treasurer, 14 Earls, 2 Viscounts, 31) Barons. The Bishop of Winchester, Lord Chancellor, opens the Session. Receivers and Tryers of Petitions are ai)pointed, including Gascony and the Isles. Oct. 23. The Commons elect John Pollard, Esq., as Speaker. C5n the death of the Chancellor, (October 24,) the Lord Trea- surer acts in his place. A Bill is revived concerning the absence of Knights and Bur- gesses in the time of Parliament. Oct. 28. A Subsidy is granted, as well as Two Fifteenths, which latter, having met with opposition, the Queen, by a iMcssage, gives them thanks, but refuses. The Bill for the Subsidy passes the Lords on the First Reading. Nov. 20. A Member of the Commons having been bound in liecognizance in the Star Chamber, to appear before the Coini- cil within twelve days after the end of Parliament, the Commons declare to the Lords that their Privilege is broken. On a Con- ference, tlie Chief .Justices, Master of the Bolls, and Serjeants, clearly aHirm that the Becognizance is no breacli of Privilege. Dec. 9. (Monday.) The Queen gives her assent to 24 Uills, and the Lord High Treasurer dissolves the Parliament, {x) 1558. Jan. 20. ( Thursday J) A Parliament meets at West- thi minster. Writs are addressed to the Marquis of Winchester, Treasurer, 13 Earls, 2 Viscoiuits, 39 Barons. The Abbot of Westminster and the Prior of St. John again take their Seats. (v)) Lords Journals I., 491. Dugdale. P. H. III., 312-335, which erroneously calls it Nov. 11. Lord Coke has preserved the names of the 33 Seceders, " to do honour to their memories." He observes, " That the High Court of Parliament subsisteth by its own I/aws and Customs ; and it is botli a Law and Custom of Parliament that all weighty matters moved for, concerning the Peers or Commons in Parliament assembled, ought to be adjudged and determined by the Court of Parliament, and not by either the Civil or Common Law of the Realm. Also, by another Law or Custom of Parlia- ment, the King cannot take notice of anything said or done in the House of Commons but by report of that Hou.sc, every Member of which having a judicial place, can be no witness." Six Mein])crs Mibmit to the Court, and pay their tines. The death of the Queen intcn-upts Uie .ludgmcnt against the rest. Among them was Plowden, the celebrated Lawyer. See tokcs hibtit., Part IV. p. 17, Sec. Also Strypes Memorials in. p. 1G5. (X) Dugdale. P. H. III., 311. Receivers were, as it appears, from ancient usage, still appointed for Gascony, and for other places long since lost to the Crown. This passing on the first reading, is the only instance that has yet occurred of such a Procedure. With regard to the next Parliament, Dugdale has committed an extiaordinary error. He gives the Parliament "inclioatum apud Wcstmon. die Luufe, xx.d. Januarii, annis quarto et quinto. Ph. ct Maria-, a. ii. irir)"." But the '20th of .January occurs on a Monday only in the years IbM'i and iritil, and Jan. in the 4tli and Tith ycir must have been IS.'iS, which therefore iscquallyirreconcilcable with his day of the week. The P. H. makes the next Parliament in tlu- Titli and (illi years, which is .hImi cridncous, as there were no months of January in theruli and (Ith V'. and M. Sec Commons Journals I. 47. MAKY. 213 Tlie Arclibisliop of York, Lord Chancellor, declares the Cause ul' Summons. 'J'he Commons present their Speaker, William Cordell, Esq. Jan. 24. The Ijords send a ^Message to the Commons desirincj a Conference, and tliat the Speaker, with 10 or 12 more, will meet a Committee of the Lords, consisting of'^^ Earls, 3 Bishoj)s, and 3 Barons. Twenty-one Commons meet the Lords, and con- ler on the Queen's Wants, and the State of the Nation. Feb. II). A Bill for a I^ay Subsidy passes the Lords. The Clergy in Convocation had taxed themselves with a Subsidy of i\s. in the Pound, to be paid in four years, which is confirmed by Parliament. Several Acts are passed. Feb. 22. (Tuesday.) It being the Queen's pleasure that the House shall not sit on the morrow, Ash-VVednesday, various Members are licensed by the Speaker to be absent on business. March b. (Saturday.) A Member affirming that he is re- turned a Burgess for Plympton, Devon, and having brought no Wan-ant thereof to the House, nor being returned by the Clerk of the Crown, by Book or Warrant, is awarded to be in the Custody of the Serjeant till the House have farther considered. March 7. (Monday.) The Queen gives her Assent to Sixteen Rills, and the Chancellor prorogues the Parliament to Nov. 5. (y) iVor. 5, (Saturday.) The Second Session of the Parliament t. c, « commences. Writs are sent to the Archbishop of York, Chan- cellor, ]Marquis of Winchester, Treasurer, W. Pa"-et, Keeper sf the Privy Seal, Duke of Norfolk, Marshall of England, Earl of Oxford, Great Chamberlain of England, 12 Earls, l' Yis- count, to the High Admiral of England, to the Chamberlain of the King and Queen, the Prior of St. John of Jerusalem, and 34 Barons, Chivalers. It is ordered that the names of the Knights, Citizens and Lurgesses be called on IMonday. iYof. 7. (Monday.) The Queen sends for the Speaker and orders him to explain to the Commons the Necessities of the Nation. The Commons come to no Resolution. JVov.9. (Wednesday.) The Bill for attendance of Knights and Burgesses in Parliament is discussed. ■yov. 10. The Servant of a Member attached for Debt, has Privilege. ^^^Jj: ^■*- '^''^® ^'^^''^ Chancellor with other Lords, Spiritual and remporah come down to the Commons' House, and thev occupy the places appointed for Privy Councillors. The Speaker leaves the Chair, and with the Privy Councillors in the House, Sits on the benches below them. The Lord Chancellor shews the necessity of a Subsidy and withdraws with the Lords. The Commons debate for two days, but adopt no Resolution. A^ov. !«. The frst Bill for the Restraint of the Press is brought in. Nov. 1 7. ( Thursday.) The Lord Chancellor sending for the Commons announces the death of the Queen, this day They are to resort to tiie Palace, where the Lords will come and cause Proclamation to be made of Lady Elizabeth, as Queen. (y) Dugrtalc, V. H. III., 350-354. 214 ELIZABETH. ELIZABETH. {Nov. 17, 1558.) 1659. J^^' 2^* {Monday.) A Parliament is held at West- A- R- minster. * Writs are issued to the Marquis of Winchester, Treasurer, the Duke of Norfolk, Earl Marshall of England, the Earl of Oxford, Great Chamberlain of England, the Earls of Arundel, Westmoreland, Shrewsbury, Derby, Worcester, Rutland, Cumberland, Sussex, Huntingdon, Bedford and Pembroke, the Viscounts Montague, Howard, &c.. Barons Bindon, Edward Fenys de Clinton, Great Admiral of England, W. Howard de Effingham, Chivaler,Camerario Hospitii, Nevile de Bergavenny, Tuchet de Audley, Stanley de Strange, (eldest Son of the Earl of Derby), Parker de ]\Iorley, Brooke de Cobham, G. Talbot, Chivaler, H. Stafford, Chivaler, Grey de Wilton, Scrope de Bolton, Sutton de Dudley, H. Hastings, Chivaler, Blount de JVIountjoy, Darcie de Darcie, Lumley de Lumley, Stanley de Montegle, W. Burghe, Chivaler, J. Paulet, D. St. John de Basing, (eldest Son of the Marquis of Winchester), R. Riche, Chivaler, AVilloughby de Parham J. Sheffield, Chivaler, J. Darcie de Chiche, Brugges de Chandos, Hastings de Lough- borough, Carey de Hunsdon, St. John de Bletso, Chivalers. Receivers and Tryers are appointed. Sir Nicholas Bacon, Knight, Lord Keeper and Lord Treasurer, in consequence of the Queen's indisposition, prorogues the Par- liament to Wednesday, 25th inst. Jan 25. The Queen attends, and the Lord Keeper opens the Session. Five new Peers take their Seats. The Abbot of Westminster sits the first day, but neither he nor any other Abbot or Prior afterwards. The Commons present Sir Thomas Gargi-ave as their Speaker. Jan. 30. A Committee of 24 Members is appointed to meet, and treat of a Subsidy. The validity of the Summons to the last and present Parlia- ment, in which Writ, the words " Supremum Caput Ecclesise " were omitted, is taken into consideration. The whole House agrees that such omission did not impeach the validity of the said Writs. An Act is brought forward for restoring the Supremacy to the Imperial Crown of this Realm ; and repealing divers Acts made to the contrary. After long debates and dissent, especi- ally from the Prelates, it is concluded in both Houses on the 22d March. Restitution is made to the Crown by nearly the same Members as in the last Reign. Feb. 20. Two Bills sent up by the Commons for a Subsidy, and for Tonnage and Poundage for Life, are returned by tlie Lords with Corrections and Amendments, to which the Com- mons agree. (s) Dugdale. P. H. III., 3,51-3.58, whcrcscc, also, the I..ist preserved by Lord Coke, or(l Willoughl)y,of Pariiam, tlien attending Parliament, to be tried at the next Assizes and Sessions, an injunction is desired, that none shall proceed in and to that trial, upon the pain of £500. Feb. 24. (Fridaij.) A Member of the Commons having come to the House being outlawed, and having defi-auded several per- sons under colour of Privilege, after examination by a Com- mittee, the Question is put, " Whether he shall have Privi- lege or not?" It is carried, by 112 against 107, that he shall still continue a Member. March 23. A Member of the House having gone before the Lords as Counsel with the Bishop of Winchester, it is taken to be a fault. He pleads ignorance of the Order, and is remitted. Ajyril 17. The Bill touching Knights and Burgesses, for attendance in Parliament, is debated. May 8. The Queen comes to the House. The Speaker re- quires the Royal Assent to such Bills as had passed both Houses, and the Lord Keeper dissolves the Parliament, (a) Jan. II. {Monday.) A Parliament (11.) is held at '563. Westminster. ^'5"' Writs are issued to the Treasurer, one Duke, one Marquis, nine Earls, two Viscounts, and 29 Barons, Chivalers. On account of the Queen's indisposition, Parliament is pro- rogued to next day. Jan. 12. After a Sermon at the Abbey, the Queen proceeds to the House, when the Lord Keeper, Bacon, opens the Session. Jan. 15. The Commons present their Speaker, " Mr. Thomas Wylliams, Esq.," who makes an Oration, and is accepted. The Oath of Supremacy is taken by all the JMenibers of both Houses. Jan. 22. {Friday.) Burgesses being returned of divers Bo- roughs not lately returned in the Chancery, Tregony, St. Jer- myns and Mawes, (Cornwall,) Mynhed, (Somerset,) Tamworth, (StatFord,) Stokbridge, (Southampton,) Mr. Speaker declares that the liord Steward agrees that they should resort into the House, to sheAv Letters Patent, why they should be returned in this Parliament. Feb, C. A Member's Servants, who had been imprisoned for a fray, are set at liberty, on entering sureties in a bond for £500, to appear personally in the Queen's Court, in Trinity Term next. Feb. 20. A Bill for a Supply is sent up by the Conmions, and, on the 23d, passes the Lords. Several Acts are passed, and Petitions presented for the Queen to marry. Ajivil 10. (In Vigilia PaschcB.) The Queen gives her assent to 31 Public, and 17 Private Acts, and the Lord Keeper pro- rogues the Parliament to October 2, next ensuing. (6) (a) Dugdale. Pari. H. IV., 363-436. Against a Bill for the Liturgy, Dr. Fecken- ham, Abbot of Westminster, the last of his order that ever spoke in that House, and Dr. Scott, Bishop of Chester, make orations. (b) Dugdale, 1.562. P. H. IV., 437, which gives the same date. Cambden, in Ken- net, p. 591, acquaints his Readers on the subject of the Subsidy, " That a Fifteenth and Tenth is a certain Tax on every City and Borough Towji ; not upon every man in particular, but a general sum in proportion to the computed wealth of the re- spective places. A Subsidy is what is imposed on every single person, as they are 21G ELIZABETH. Oct. 2. Parliament again assembles, but by reason of the Plague, then raging in the Cities of London and Westminster, is prorogued to Oct. 5, 1504, a. n., G. 156i Oct. 5. The Parliament is a third time prorogued to April ZQ, and again to Oct. 4, when it is a fifth time pro- j^ ^^ rogued. 7 * Feb. 7. The Parliament is, a sixth time, prorogued to 1566. Sept. 30, when the Meeting re-assembles. Writs are issued to A. R. the Treasurer, one Marquis, 17 Earls, 3 Viscounts, 41 Barons, 8 Chivalers. The Speaker of the Commons, " Mr. Thomas Williams, Esq ," being dead, a Committee is appointed to wait upon the Lords, to have their aid and assistance, for intimation of the affair to her Majesty, and to know her pleasure upon it. Her Majesty's pleasure is, that the Commons shall resort to their usual place, and choose a new Speaker, after the accus- tomed manner. Her ftlajesty's Solicitor-General, Richard Onslow, Esq., a Member of the Lower House, but who attended the House of Lords, is, after some proceedings and debate, elected by 82 against 1Q. He is approved. Oct. 22. In consequence of the Lord Keeper's infirmitieb, Sir Robert Cathn, Knight, Lord Chief Justice of the Common Pleas, is appointed to execute his office in Parliament. Oct. 30. A Committee of both Houses is appointed to petition the Queen about her iMarriage. Nov. 9. {Saturday.) Mr. Vice-Chamberlain declares her Majesty's express Commandment that they shall no farther proceed in their Suit, but satisfy themselves with her High- ness's promise of Marriage. Nov. 11. {Monday.) It is moved whether the Queen's Com- mandment is not against their Liberties. The " Dispute " is from 9, A. M. to 2, p. m., and is adjourned to next day. Nov. 12. {Tuesday.) The Speaker communicates a Special Commandment from her Highness to this House that there shall be no further talk of the matter, and if any person is not satisfied, but had reasons, let him come before the Privy Council there to shew them. Nov. 25. {Monday) Mr. Speaker declares her flighness's pleasure to revoke her two former Commandments, which re- vocation is taken of the House most joyfully, with most hearty prayers and thanks for the same. Dec. 1{>. A Bill for a Subsidy sent up from the Commons, passes the I^ords. Dec.2A. {Tuesday.) Word is brought from the Lords, that they have adjourned to jMonday. The Commons adjourn to Saturday, then to be called, to see and consider the Defaults. Dec. 28. {Saturday.) The House is called, and adjourns till Monday. Dec. 30. {Monday.) The House is called and adjourns till Thursday, because the Lords above have so adjourned. assessed by poll, according to the value of their goods and Lands. But neither one, nor other of these Taxes, is laid but by Act of Parliament." Among otlier Acts made tliis Session is one declaring the Authority of the Lord Keeper of the Great Seal and the Lord Chancellor's to be one. Henry S had, by Act of Parliament, consigned the first place of Honour among Laymen in Parliaments and Great Councils to the Lord Chancellor, the second to the Lord Treasurer, the tliird to the lyord President of his Majesty's Council, and the fourth to the Lord Privy Seal, "if of the degree of Barons of Parliament or above ;" and thev were to take place of all Uukes, except those of the IMood lloval. 13 ELIZABETH. 217 Jan. 2. (Thtirsilay.) The Defaults are calleJ, and twelve 16C7, Members allowed to make default. a. h. At three, i-. m., Mr. Onslow, Speaker, makes an Oration to ^ the Queen, and is answered hy the Lord Keeper. The Queen addresses both Houses, and declares that she seems not pleased with the doings of the Commons, for busying themselves in this Session with matters which do not aj)pertain at this time, "hut M-ith comfortable words," commands this Parliament to be dis' solved, (c) April 2. (Monday.) A Parliament (III.) is held at 1571. Westminster. M'rits are addressed to tlie Marquis of Winchester, Treasurer, and one other, 15 Earls, 3 Viscounts, .38 Rarons. After a Sermon at the Abbey, the Queen comes to the Upper House, and makes a short Sjieech. The Ijord Keeper, Sir Nicholas Bacon, then shews the cause of this Parliament. lie informs the Members "th.it they are to examine the want and superfluity of Laws; whether there be too many, which breedeth so many doubts, that the subject sometimes is lo seek how to observe them, and the Councellor how to give advice concerning them." lleceivers and Tryers of Petitions are appointed. April i. The Connnons present Christopher Wray, Esq , as Speaker, who is accepted. He makes a Sjieech of Two Hours. The Lord Keeper replies, and, among other matters, states, " that her Majesty having experience of late of some disorder and certain offences, they, the Commons, will do well to meddle with no Matters of State, but such as shall be ju-opouiuled unto them, and to occupy themselves in other Matters concerning the Commonwealth." It is agreed, that the Litany shall be read every day as in the last Parliament, and also a Prayer said by ]Mr. Speaker, as lie shall think fittest for this time, to be begun every day at half after eight, a. m., and, at that each, then making default, shall forfeit for every time, fourpence to the Poorman's Box. April 5, On the jireceding day, the Commons had been called over, and the Oath of Allegiance and Supremacy given to eacli Member, by Lord Clynton, the I-.ord Steward of the Queen's Household. This day they are again called over; and two Gentlemen, who had entered, without being returned by the Clerk of the Crown, are committed to the Serjeant's \Vard, and commanded to attend, next day, the <)rder of the House. A Committee is named to confer wUh the Attorney and Soli- citor General about several Boroughs, which had returned Mem- bers this Parliament, but sent none to the last. A Debate takes place on Abuses in Religion. April 7- A Committee is appointed to consider the amount, and time of yielding, some Relief unto her ^Majesty, to meet in the Star Chamber, on !\londay, (!)th) at two o'clock. April 9. (^Monday.) A Report is made concerning the validity of Burgesses, and it is ordered, by consent of the AUorney- General, that the Burgesses shall sit according to their Returns ; because the validity of the Charters of their Towns is to be ex- amined in another place, if cause be. fc) Commons Journals. Dugdale. P. Hist. IV., .52-85. The frequent Prorogations of this Parliament, ab anno in annum, are an innovation upon all former pr.actice. More than four years intervene between this Dissolution ami the following Parliament. Ff 218 ELIZABETH. 1671. A long (debate takes place relating to the Prerogative. A. B. April 10. (Tuesday.) Mr. Speaker reciteth a coinniantl from *3 her Majesty, to spend little time in Motions, and to avoid long Speeches. He moves, also, that, henceforth, Motions shall be brought in writing, (d) April ii. (Saturday.) Being Easter Eve, the House is ad- journed to Thursday 19th, and it is agreed that, from thence- forth, they shall come to the House at Seven of the clock every morning. April 19. (Thursday.) A Bill for the Validity of Burgesses not Ilesiant, is read a second time, and is committed after much debate. Mr. Warncomhe, (of Hereford,) recommends all those who are Burgesses to see to that Bill. It may toucii and over-reach their whole Liberties. Lords' Letters may henceforth bear all the sv/av. Mr. Norton explains the meaning of the Bill— to shame the imperfection of Choice, too often seen, by sending iinjit men ; and lest any thing might be obj'ected to the imperfection of Parliament, by reason of the Choice made by Boroughs, for the most part of Strangers, whereas, by the political Law, no man ought to be chosen Burgess for any Borough, but only Residents and Inhalitanis. The Choice should be of such as were able, and fit for so great a place and employment, without respect of Pri- vilege of Place, or Degree, iiy reason of his being a Burgess, it might not be intended or thought he was any thing tlie wiser. The whole body of the llealm, and the good service of the snme, were rather to be respected, than the private regard of Place, Privilege, or Degree of any person. Another Member says, " I run wholly with the pretence of the Bill, that Boroughs decayed may be eased or relieved, knowing assuredly the same honoin-abie for the Realm, and in many respects profitable and commodious to those who inhabit the Countries adjacent to such decayed Towns. TJie question shortly is, what sort of men are to come to this Court, and to public Consultation in Parliament ; whether from Country or Town, should come Home-dwellers, or otherwise men chosen by directions, it forceth not whom. I am surely of mind, that, neither for the good service of her Majesty, the safety of our Country, or the Liberty, which of riglit we may challenge, tiiis scope is to be given, or such looseness in choice to be permitted." Then, dividing the Classes of Sotiely into Three; 1st, the Ministers and Teachers of Beligion ; Secondly, the Nobility, Knights and Soldiers; and Thirdly, the Providers, Devisers and Executors of all things necessary, commodious or seemly (or a settled Estate, as Counsellors, Judges and INIinisters of the Laws, Tillers of the Earth, INIerchants, Victuallers and those Avho use Manual and Mechanical Arts, the Speaker declares, tliat of all these, regard, care and respect must be had, that being thoroughly consulted, the general and particular States may be known, if we mean to proceed for the ])ublic Weal. "This hath moved our Forefathers and on this ground hath it grown, that, in this Court, where we are to consider all, and as (rf) It may be observed tbattlic Parliamentary llistorv, from Sir Simonds D'Ewes's Diary, plaii's tbis on tlie 'MVh, the .Journals on April 10,' i ei,i/ai;etii. 219 vtccasion ni;iy serve, to ullci-, constituto or ix-rorm all lliiiigs, 1571. we know all sorts of men, so far as may be, to lielj) all. Some ■*• R. one, whom Observation, l'!xpci'ience, and due Consideration of '•* a jiarticular Coimlry liutli tauglit, can more perfectly open any (jueslion that may j^row thereof, and more eli'ectually reason thereupon, than the skillfullest otherwise whatsoever. And that tliey should be tiie very Inhahiters of tlie Countries, doubt- less was the true meaning of ancient Kings and our Forefathers, who began and established this Court. The old Precedent of Parliament Writs teaches us, that of everv Coinitry their own Burgesses should be elected, ine 6. It is reaJ a second time. 15(2. Ordered, " to sit at Afternoons from tliree to six, to proceed a. u, ox\\y with Private liills, and not to go to the Question of anv 14, such Bill if it concern a Town or Siiire, unless the Knights of such Shire or Sliires, or the Burgess of such Town or Towns, be then present." June 11. {IVrdnesday.) The Flouse adjourns to Tuesday, 24th. June 30. After sundry Proceedings against the Queen of Scots, the Queen, by the liord Keeper, prorogues the Parliament to the Feast of AU'Siiints, Nov. 2. {g) Feb. 8. {Wednesday.) After many Prorogations, the Second ^^-^q Session of the Fourth Parliament opens at Westminster. Writs a. r.' are issued to Cecil de Burghley, Chivaler, Treasurer, the Jlar- ]8 * quis of ^yinchesler, 17 Earl.s, 2 Viscounts, 38 Barons, Chivalers. Mr. Wentworth, ^lembcr for Tregony, makes a very long Speech in behalf of the Liberties of the Mouse, saying "among other things, " In this House which is termed a place of free Speech, there is nothing so necessary for the preservation of the Prince and State, as free Speech ; and without this, it is a Scorn and a Mockery to call it a Parliament House, for in truth it is none, but a very School of flattery and dissimulation. Two things, Mr. Speaker, do great hurt in tiiis place, the one is a Rumour that the Queen's Majesty liketh not such a Matter, whosoever jireferrelh it, she will be offended with him ; or the contrary. The other is a Message sometimes brought into the House, either of ccmimanding or inhibiting, very injurious to the freedom of Speech and Consultation. Free Speech and Con- science in this i)lace, are granted by a Special Law, as that, without which, the Prince and State cannot be preserved, or maintained. Mr. Wentworth is sequestered the House for his Speech, and benig committed to the Serjeant's Ward, as prisoner, is examined by a Committee, consistingof all the Privy Council of the House and other Members lie is afterwards adjudged to be committed close Prisoner to the Tower, there to remain until such time as the House should have further consideration of him. Feb. 9. The House resolves, that if any IVIember is employed in the service of Embassage, or in Execution, or visited with Sickness, he shall not lose his Seat in the House, nor any other be elected for it, during such time of St'rvice, &c. Also, the Lord Ilussel, son and heir to the Earl of Bedford, Burgess for Bridport, is ordered to continue a Member of that House, notwithstanding the newly acquired Earldom of his Father. ^ ^ A Committee is appointed to draw up a Bill for a Subsidy. Feb. I'd. (Monday.) Charles Johnson, Gentleman, is com- mitted to the Serjeant's Ward, for coming into the House, being no Member. Feb. 17. (Friday.) Upon sundry Motions, it is concluded, that according to old Precedents, Mr. Serjeant Ciefferey, one of the Knights returned for Sussex, may have a voice, or give his attendance, as a Member, notwithstanding his attendance in the Higher House, as one of the Queen's Serjeants, for his Counsel (g) Dugdale. P. H. IV, Ifi,i-1R.3. The Journal a of the Commons give none of the following Prorogations after that to the 24th June, 1572, and commence the 2a Session, with Feb. 8, 15".'), *. R. 18. 'the Lord Cromwell's Case of Privilege is given in the Lords" Journals, June 30. 224 ELIZABETH. 1576< there, as the place whore lie has lU) voice, nor, imieed, is any ■*• *• Member of the same." Feb. 21. (Tuesday.) A Report is made on the delivery of the Servant of a Member, " That the Commons found no Precedent for setting at large by the Mace, any Person in arrest, but only by Writ, and that it appeareth by divers Precedents, that every Knight, Citizen, or Burgess, who doth require Privilege, hath used in that case to take a Corporal Oath before the Lord Chan- cellor or Lord Keeper of the Great Seal ; that the Part v for whom such Writ is prayed, came up with him, and was his Servant at the time of Arrest made, &c." Feb. 27. {Monday.) Resolved. "That E. S,, Servant of A. Hall, Esq., be brought hither 'J'o-morrow, by the Serjeant, and so set at liberty, by Warrant of the Mace, and not by Writ." March 1. (Wednesday.) The said Servant is adjudged guilty of contempt and abusing of this Jlouse, by fraudulent practice of procuring himself to be arrested on the Execution by his own Assent andintentiontobedischarged, as well of his Imprisonment, as of the said Execution, and is committed to the Tower. ATarch 12. A Message is sent fr(mi the Queen, referring to the House the enlargement of Mr. Wentworth, which Message is most thankfully accepted by the whole House. Sir Walter Miidmay, Chancellor of the Exchequer, makes a Speech thereupon, distinguishing Freedom and Liberty of Speech, from licentious Speech. March 14. The Queen comes to the House of Lords. The Speaker presents the Bill for a Subsidy. The Queen passes all the Acts, and on the following afternoon, March 15, again attends, and, by the Lord Keeper, prorogues the Parliament to Nov. 5. Nov. 5. From thence by Twenty Four several Prorogations the Parliament is continued through the years H), 20, 21 and 22 to {h) ^581. ja„ \Q On this day, the Third" Session of the Fourth Par- liament opens at Westminster. Writs are issued to W. Cecil de Burghley, Chief Treasurer, Marquis of Winchester, 19 Earls, 2 Viscounts, 41 Barons, Chivalers. The Speaker of the Commons, Sir Robert Bell, T>ord Chief Baron of the Exchequer, being dead, they adopt the late Prece- dent, and appoint certain jNIembers to wait upon the liOrd Chancellor, and the House of Lords, requesting their aid and assistance for intimation of the matter to her ftlajesty. The Ijordsof the Privy Council, with others, and a select number of the Commons, represent the Case to the Queen. Ileceivers and Tryers of Petitions are ajjpointed, and the House adjourns to Jan. 18, when, by a Commission, the Chancellor is authorized to call the Commons before him, and command them to choose another Speaker. Jan. 20. The Commons present as their Speaker John Pop- ham, Esq., her ^Majesty's Solicitor-General, who is confirmed. The Jyord Chancellor, in his answer to the Speaker's Address claiming the usual Privileges, &c., gives him this Admonition, (A) Dugdale. Pari. Hist. IV, 184-227. IMr. Wcntworth's speech .is given by the Journalist (U. Ewes) ociU|)ies fourteen octavo pages. It will not be forgotten that the Journ,als, as well as the other Authorities, call this year, 1575, on the reckoning from March 25, so often noticed, and which lequires con- stantly to be kept in mind. A. R 23 ELIZABETH. 225 "Tliat tlio TIoiiso of Conimons should not (1o;il or intornicdillc 1581. vvitli ;inv Matters toucliing her JMajustv's rcraon, or Kst.xte, or a. a. Cluirch Cioverninent." 23 Jan. 21. (S/diird/ii/.) ]\[r. Pnvl IVcntworili, makes a Motion for a Public Fast and for daily Preaching. " The Fast for some one certain Day, but tlie rreacliiiig every Morning before the House did sit. Th;!t so, they, begiiniing their Proceedings with tlio Service and Worsiiip of God, he might the better bless them in all their consultations and actions." After a warm Debate, the Motion is carried by 115 to 100. A Fast is accordingly a])pointed in the Temple Church for the 2[)th. A Burgess indicted of Felony, is adjudged to remain in the House, unless he be convicted. Jan. 24. The Speaker declares himself sorry for the error committed by the House on Saturday, in resolving to have a public Fast, and shews her Majesty's great misliking of the Proceeding. He advises the House to a submission in that be- half, and moves them to bestow their time and endeavour, here- after, in matters proper and pertinent, and to omit all superfluous and unnecessary Motions and Arguments, with all due regard to th.e order of the House. The Vice-Chamberlain declares a l\Iess. Ordered, by the Loi'ds Spiritual and Temporal, that Lord Viscount Montague be committed to the Fleet till further order. The King, by Letter to the Commons, declines any further Subsidy at this time. It is Resolved, That the King's I^etter be Recorded for an everlasting Memory of his Majesty's Grace ; That all Knights of JAMES I. 249 Shires may take a copy and publisli it in their Counties ; and 1604. that at the end of'the Session, Mr. Speaker shallprcsent Thanks *• k. to his jMajcsty, in the name of the whole House, for his Grace 2 expressed in that Letter. June '27. ( Wednesday.) It i? moved, "tiiat the Commons' con- tribution, usual upon a Dissolution or Prorogation, of os. a Knif^iit, and 2s. (Jd. a Burgess, be collected." An amendment, that it be IDs. lor a Knight, and 5s. for a IJurgess, is negatived, by 120, against lliJ. The former usual Collection is to be made. June 28. A Doubt is moved as to a JMember called to the plnce of a Judge. ^ June 30. It having been delivered to tlie Lords' House, that the Lord Montague is sorry ibr his offence, and grieved at the displeasure of the Flouse, it is Ordered, That he be released from the Prison of the Fleet, and repair to his own House, until Mon- day, 2d July, and then repair to the Upper House, and make known his mislike of his former offence, &c. In the Commons, a long debate takes place on the imprison- ment of a Member, in the I'leet. The Serjeant at Arms demands the Pi-isor,er of the "\\^arden, who refuses, and being sent for, is himself conmiitted to the Tower for contempt. It is resolved to send as before, but the Speaker reminds the House, that all those so sent to enter the Prison, are, by Law, subject to an Action. After much debate and difficulty, the Vice-Chamberlain is pri- vately instructed to go to the King, and humbly desire he will be pleased to command the Warden, on his allegiance, to deliver up the Prisoner, not as petitioned for by the House, but as out of his own gracious Judgment. This is done, and the Warden, at the Bar of the Flouse, expresses sorrow for liis offence. Ju!i/ 2. (Monday.) The Lord Montague is released on his submission. July 7- The King comes to the House, and passes 120 Public and Private Acts, and after a long address from the Speaker, the Lord Chancellor, by the King's Command, prorogues the Par- liament to the 7th Feb., next, (t) Fell. 7. The Parliament meets again, but is prorogued to the 160j. 3rd of October, and then again to the 5th November. a. r. Nov. 5. (Tuesday.) The second Session of the First Parlia- 2 ment commences at Westminster. W^rits are issued to Thomas a. n. Egerton de EUesmere, Chancellor, the Marquis of Winchester, 3 23 Earls, 3 Viscounts, and 4G Barons. A Committee is appointed in the Commons, to consider the granti'ig of writs by the Lord Chancellor, during Prorogations. This night, the Upper House of Parliament isseaixhedby Sir Thomas Knevett. Johnston, servant to Mr. '^I'homas Percey, is there apprehended. Thirty-six Barrels of Gunpowder had been placed by him in the Vault under the House, with the pur- pose of blowing up the King and whole Assembly when they met. The Parliament is adjourned to Saturday, Nov. 9, at 9 o'clock, (i) Dugdale. P. H. V. 1-125 The Journals of the House of Commons are now much more copious and circumstantial than formerly. The Preface to the present Parliament is remarkable ; first describing the origin of Governments, then passing on to the institution of Parliaments, and " the custom, and in a manner the necessity, of assembling at the City of Westminster, adjoining to the City of London ;" stating also the cause of deferring the- meeting on account of the dangerous contagion of Pestilence which had prevailed, but was nowabated. Kk 250 " JAMES I. 1605. and then to 2 t-. m., when the Lord Chancellor opens the Session, A. B. The King makes a Speecli, saying, among other things, " As to S the nature of this Higli Court of Parliament, it is nothing else but the King's great Council, which the King doth assemble either u])on occasion of interpreting, or abrogating old Laws, or making of new, according as ill manners shall deserve, or for the public punishment of notorious ill doers, or thejiraise and reward of the virtuous and well deservers ; wherein these four things are to be considered. First, whereof this Court is composed ; 2ndly, what matters are proper for it ; 3rdly, to what end it is ordained ; and 4thly, what are the ways and means whereby this end should be brought to pass. As for the thing itself, it is com- posed of a Head and a Body. Tlie Head is the King, the Body are the Members of the Parliament. This Bod}"^ again is subdi- vided into two parts, the L^pper and Ijower House ; the u])per composed in part of Nobility, temporal men, who are heritable Counsellors to the High Court of Parliament, by the honour of their Creation and Lands ; and partly of Bishops, spiritual men, who are likewise by the virtue of their place and dignity Coun- sellors, Ijife Renters, or ad Vitam, of this Court. The other House is composed of Knights of the Shire, and Gentry and Bur- gesses of the Towns. But because the number would be infinite for all the Gentlemen and Burgesses to be present at every Par- liament, therefore, a certain number is selected and chosen out of that great body, serving only for that Parliament, where their Persons are the representation of that body. " Now the matters whereof they are to treat ought therefore to be general, and rather of such matters as cannot be well per- formed without the assembling of that general body ; and no more of these generals neither, than necessity siiall require. For as, in corruptissima llepublica sunt plurimae leges; so doth the life and strength of the Law consist not in heaping up infi- nite and confused number of Laws, but in the right interpreta- tion of good and wholesome Laws. If this be so, then, neither is this a place, on the one side, for every rash and hairbrained Feilow to propose new Laws of his own invention : nay rather could I wish these busy heads to remember that Law of the liacedsemonians, that whosoever came to propose a new Law to the People, behoved publickly to present himself with a Rope about his neck, and in case the liaw were not allowed, he should be hanged therewitJi ; so wary should men be of proposing Novelties, but most of all not to propose any bitter or seditious Laws, which can produce nothing but grudges and discontent- ment between the Prince and his People : nor yet is it, on the other side, a convenient place tor private men, under color of general Laws, to propose nothing but their own particular gain, either to the hurt of their private Neighbours, or to the hurt of the whole State in general. " The end for which the Parliament is ordained, being only for the advancement of Ciod's glory, and the establishment and wealth of the King and his People ; it is no place, then, for par- ticular men to utter there tlieir private conceits, nor for satisfaction of their curiosities, and least of all, to make shew of their eloquence, by tyning tlie time with long studied and eloquent orations. No, the reverence of God, their King, and their Country being well settled in their hearts, will make them ashamed of such Toys ; and remember that they are there, as sworn Counsellors to their King, to give their best advice for the JAMES I. 251 fiirtlierance of his service, and the fiourishiiig weal of his 1605. Estate. ' -A. R. "And lastly, if you will rightly consider the means and ways ^ how to bring all your labours to a good end ; you must rememlier that you are here assembled by your lawful King, to give him your best advices, in the matters ])ro))osed by him to you, being of that nature which I have already told, wherein you are gravely to deliberate, and ujion 3'our Consciences, phvinly to determine how far those things propounded do agree with the ■weal both of 3H)ur King and of your Country, whose weals can- not be separated. As you are to give your advice in such things as shall b}' your King be pro])osed ; so is it on your jjart your duties to propose any thing that you can, after mature delibera- tion judge to be needful either for those ends already proposed, or otlierwise for the discovery of any latent evil in the King- dom, which peradvenlure may not have come to the King's ear," The same day, {Nov. 9), the Parliament is prorogued to Jan. 2, and thence to January 21. {Tuesday.) In the Z,o?y/*", the Lord Chancellor 1606. directs the Clerk of Parliament to take special notice of ihe a. r. names of .such Lords as fail in their appearance during this 3 Session, iri/hout Licence from his Majesty. oA'* Jan. 23. In the Lords, the I^ord (]arew and the Earl of Arundell are introduced on Writ of Summons from the King. The Knight for Cambridgeshire having been chosen Sheriff since last Session, the Commons Resolve, he shall, nevertheless, attend. February 10. {T\Ionday.) The Supply is moved in the Connnons. Feb. 15. In the Lords, a Bill is brought in for the llestitution, &c., of Henry, Lord Danvers, Knight. Feb. 19. In the Lords, a Bill is read for the Confirmation of the Attainder of Lord Cobhani and G. Brooke, Esq., which passes April 15. Feb. 20. In the Commons House, it is stated, " There is an Act of Parliament /or (lie sitting of a Parliament every year to reverse the Judgments of other Courts.'''' March A. {Tuesday.) It is Ordered, in the Comynons, " If a Member of the Houses complain of another to a Privy Counsel- lor for something done in the House, the Committee for the Privilege are to examine it." March 10. A Bill passes the Lords, to reform the multitude and misdemeanors of Attorneys and Solicitors-at-Law, and to avoid unnecessary suits and charges. March 18. In the Commons, 258 Members are present and divide. March 25. Ordered in the Lords. The Gentleman Usher to a. r repair to all absent Lords and signify his Majesty's Pleasure and 4, Command for their more diligent attendance. March 2G. A Bill is read in the Lords for the attainder of divers offenders in the late most barbarous, monstrous, detest- able and damnable Treasons; and a Third Bill against Lord Cobham. Ordered. The Lords that come in -after Prayers to pay 2s. Gd. to the Poor man's Box, and such as do not come at all, to pay double. March 31. In the Lords, the Lord Chief Justice is appointed Speaker, during the Lord Chancellor's illness. In the Commons, a call of the House is ordered for Wednesday se'nnight. Scotiee S9 252 JAMES 1. 1606. April 4. (Fridai/ ) A IJill for choosing Knights and Burges- A. R. ses to serve in Parliament is Committed, after a Second Reading. *._ April 5. In the Lords, the Earl of Pembroke claims Privilege for his Servant. The Lords Stafford and Dudley have Licence of Absence from His JMajesty and give their Proxies. April 9. The Commons House is called over, and upon calling his name, every man present stands up. There appear in the House 299 ; and, in the House and Town, are 307. April 10. In the Lords, the Earl of Shrewsbury claims Privi- lege for his Servant. It is Ordered in the Com))ions, that every man shall attend, at 8, A. M., the Service of the House, that certain Bills may be put to the Question. April 12. The Lords Agree, that any liOrds of any of the Benches that desire to come to the Committee appointed for Conference on the Bill of Purveyors, &c., may come and have voice. April 14. By Message, the Commons leave the IMotion of the Lords, for deferring the IMatter of the Union to the next Session, to the consideration of their Lordships, to take the most convenient course. Ajiril 29. The Lord Chancellor, by command of his Majesty, admonishes absent Lords for their non-attendance. May 6. {Tuesday.) In the Commons, a Case of Privilege arises, relating to Sir John Wingfield. May 10. The Bill for a better Election of Knights and Burgesses is brought to the Upper House fi-om the Commons. May 17. In the Lords, it is Ordered, as the course of Pro- cedure of a Bill in the House, that, when a Bill hath been brought in the House, ])roceeded withall, and Rejected, another Bill of the same argument and matter, may not be renewed and begun again, in the same Session, and in the same House where the former Bill was begun ; but, if a Bill begun in one of the Houses, and there allowed and passed, be sent unto the other House, although it be then, on Reading, disliked and refused ; nevertheless, if the matter be thought tit to be proceeded with- all, and that it may be done better by a new Bill, it is holden Agreeable to the Order of Parliament, That a new Bill of the same matter may be drawn and begun again in that House whereunto it was sent as aforesaid ; ami if a Bill begun in either of the Houses and Committed, be brought in by the Committees, and thought fit, before the Third Reading, to be renewed, in respect that the matter may better proceed by a new Bill, it is likewise holden Agreeable to good Order, in such Cases, to draw a new Bill and bring it into the House. In the Commons, the Practice of the House is b id down, " That any man may speak after the Affirmative Question, and before the Negative." May 23. 'I'he Lords Resolve, that all Bills for Restitution in Blood, before they be admitted in Parliament (upon humble pe- tition) ought to have the King's allowance tor presenting such Bills, and then they are to be presented first and begun in the Higher House ; in regard of an error connnitted once or twice by Bills of this nature begun in the Lower House. May 24. In the Cnmmoits, a " Dispute" arises, " Whether to sit in the Afternoon, and whether it is in the Speaker to appoint it ; also, whether it is to be determined on a Question." It is JAMES I. ^^^ llesolved, not to put it to the Question, in tender regard of the 1^006. Orders of the House. ., » « ^ ir ;,• 4 * May 20. In the Commons, a Speaker affirms, that " .4 Multi- *^.^ Uide must on -on icith Reason or ivUhoiU Reason— in Parliament or ^^ (rut of Parliament." , ^, . o f • i * i May -^7. In the Lornday se'nnight." March 3. jNIr. Hyde, ])leading certain' businesses of his Clients, and other his pi-ivate occasions of profit and necessity, had made known to the House that he would go out of Town, and had taken his leave, in open audience, without Assent or Leave of the House. He is taxed therewith, and Rlr. Speaker is warranted to wi-itc to him ; also to other Lawyers gone down JAMES I. 255 in the same Circuit. They are forthwith to repair to the House, 1607. to prevent furtiier Question and Danger. a. r March 4. In answer to a Message from the Commons, the * . Lords state, " Tiiat as the strength of both Houses consists in ?!'* nothing more than the preservation of the right and privilege justly and properly belonging to either ; so, in that respect, the Lords are very tender in suffering any thing to pass unanswered, whereof there may arise the least misunderstanding. There- fore, although some words delivered by the Gentleman appoint- ed to speak for the Lower House, gave some offence, yet, all their Lordships did conceive they were only a I^apsus Linguae in his own person, to which any man may be subject ; but being spoken at that time and by a person qi;alified as their mouth, the Lords did not think it safe for them to conceal it from the Commons ; for if it had been otherwise taken than the Gentle- man's private action, they must have used that freedom which is necessary from one friend to another, telling them that they will never acknowledge any man that sitteth in the Lower House to have the right and Title of a Earon of Parliament ; though some private Gentlemen that sit as Burgesses for Cinque Ports, may have such an appellation wliere they reside. No more could they admit the Term of the Commons Court of Parliament ; because their whole House, without the Lords, can make no Court of Judicature. But now as to the matter itself, having said enough of tlie mistake, the Lords added they were very sorr^' to find so much reservation Against those that meant to use so much freedom; their I^ordships being so well persuaded of the Conup.ons good affection to the general cause, that they were and are willing still to offer conference, in general terms, even upon that particular Title of Naturalization. In the Commons, a Bill for the better attendance of Members is first Kead. March 7- A Member appointed on a Committee of the Com- mons, excuses himself, as directl}' against the Matter itself in opinion. He conceives it as a llule, that no man is to be employ- ed who had declared himself against it. It is Resolved, on Question, 'I'hat he is not to be employed. March 12. The Horse of a Burgess having been taken bv a Post Office Servant, to run Post, such Servant is committed to ■ the Serjeant's ward, during pleasure. March 23. The Speaker being sick. Motion is made to consider what is to be done on like occasion. No Precedent appears for choosing a Speaker from day to day. The King must give leave and approve, after choice made. It is argued, " If there be no Precedent, it is fit to make one. Time was when there was no Speaker but the Lord Chancellor, who was common mouth to the whole Court of Parliament." A Committee is ordered to search for Precedents. March 24. The Speaker again takes his Place. It being a. r- Coronation Day, the Alembers adjourn and attend Church. 5 March 30. The Earl of Cumberland claims Privilege for his Servant. March 31- iibout 2, p. m., the Loi'ds and Bishops, Speaker and Commons, attend his Majesty in the Great Chamber, at " Whytehall." The King addresses the Houses for hastening the Union, say- ing, among other things, " Studied orations and much eloquence on little matter, is fit for the Univei-sities j where not the sub- 256 JAMES I. 1607. A. R. 5 Scotiffi 40 Scotiae 41 160S. A. R< 6 Sco.42 1609. A. R. 7 ject that is spoken of, but the trial of his wit that speaketli, is most coniniendabie. On the contrary, in all great Councils of Parliament, iewest words, with most matter, do become best." He then adjourns the Parliament to Monday, the 20th of April. April 20. {Monday.} His Maje.sty is pleased to dispense with the Absence of the Earl of Derbie for ten daj's. April 21. On account of the small attendance, the Houses are adjourned to tiie 27th. Alay IG. {Saturday.) The Lord Chandois claims Privilege for his Servant, and a Habeas Corpus is ordered. May 20. The Earl of Southampton claims Privilege for his Servant, &c. May 28. The Earl of Bedford claims, Sec. June 4. (Thursday.) On a " Dispute" in Committee, it is said, " Every question by Voices in Committee bindeth and cannot be altered by themselves, but by the House it may. Every thing agreed and directed by the Committee ought to be reported, but not every thing spoken." June 9. A Bill " to avoid fraud and wrong doing in Private Acts of Pai-liament," is read a first time. The House is called by the general Book of Names, in order, as set down by the Clerk of the Crown at the beginning of every Parliament. The Party called, if present, riseth u}) bare-headed and answereth. If absent, he is excused by some in the House, and noted absent for some special reason expressed. Licentiatur ") Speciale Servilium llegis Excusatur gratia V Vice- Comes yEgrotat ) JNInjor If no man excuse him, he is noted, Deficit. The names deficient to be presented to-morrow. July 2. ( Thiirsday.) In the Lords, a Bill is passed and sent to the Commons, to make it Treason to counterfeit the Great Seal of Scotland. July 3. It is Ordered in the Commons, " That between this and the next Session of Parliament, the Clerk shall perfect his Jour- nal for these three last Sessions, and thai no Matter, or Message, or Conference, or Resolution of the House, shall be of Record or of force, till the same be perused and perfected by a Committee to be chosen next Session of Parliament, and till approved by the House ; and that, from hencetbrth, the Committee of Privileges do, every Saturday, in the Afternoon, peruse and perftjct the Book of Entries in all such matters, as aforesaid; and that, in regard to the great pains which the Clerk is to take in perfecting the said Journal, some course be taken next Session for his better encouragement. July 4. Lord Knivett de Escrick is introduced into the House of Lords by His Majesty's Writ. By His Majesty's conunand the Parliament is prorogued to the IGlh November. November 1(». On account of the Plague, Parliament is, by Commission, prorogued to February 10. It is, on this day, again prorogued to October 27. liOrd Clifton de Laighton Brumswood is admit- ted on His Majesty's Writ; and a further Prorogation takes place to February 9, when the Parliament is again prorogued to November 9, when a Sixth Prorogation takes place to JAMES I. 25T Februanj 9. {Friday.) Tlie Fourth Session of the •'^'^* First Parliament commences. V * "Writs aie issued to Thomas Egerton, Knight, Lord Chancel- Scotise lor, to 2 P'aris, (the Lord Treasurer and Privy Seal), the ^lar- '^•3 quis of Winchester, 21 other Earls, 3 Viscounts, 27 Barons, (.'hivalers. The Earl of Dorset and Lord Howard de Walden are intro- duced by Writs of Summons to Parliament. Feb. 10. The I>ord Chancellor adjourns the Houses to Feb. 14. The Earl of Salisbiu-y, Lord Treasurer, explains the King's necessities. The Commons agree to a Conference desired by the Lords, concerning a Supply. Feb. lo. The Lord Chancellor makes a JMotion concerning the I^aws in force, and their Amendments and Alterations. The Earl of Pembroke claims Privilege for his Servant, &c. Feb. 24. The Lord Chancellor declares that the matter of Contribution and Iletribution would, in his fjordship's Judg- ment, require Replies (to the Commons.) Wherefore, he moves, That, this day, the Talk may not be as at other times, the Ijords sitting in Parliament, when a man having spoken, his mouth is for that day shut in that Cause, but that the Dispute may rather be as a Committee ; which Motion is generally allowed. Feb. 27. A ^lessage from the Commons is received by the Lords, concerning a Book by Dr. Cowell, (the Interpreter), containing matter of scandal and offence to the High Court of Parliament. They desire a Conference for the examination and punishment of the said Pei-son. The Lords are willing to join in any course fit to maintain the honour of that High Court, and will choose Fifty Committees to meet a competent number of the Lower House on Friday next, in the Painted Chamber. Feb. 28. lleport is made in the Lords, that the Conmiittees ajipointed to acquaint His Majesty with the desire of the House of Commons, touching Tenures and Wardship, had done so. His Highness reserveth to himself (tanquam re Integra) the Power, Affirmative, or Negative, to grant the Petition made by the Lower House, or not to grant it, as, upon further delibera- tion, he shall see Cause. " He is so willing effectually to redress their grievances, that although he doubts not the good disjiosilion of his Posterity, yet is he desirous to provide, That if they should have Will they may not have Power, again to grieve the People." Agreed, that liespite shall be had till To-morrow, concerning the course to be holden for imparting His JMajesty's answer to the Lower House. In the Commons, a long Debate occurs on the Supply. The subject is put off, by a vote of 160 against 148. March 1. (Thursdai/.) In the Lords, a JMessage is received from the Commons, "The Knights, Citizens and Burgesses desire their Lordships, that a meeting may be of Committees of both Houses to receive the answer of the House of Commons, touching the IMatter of Supply and Support." March 3. Keport is made in the Lords from a Conference on Supply and Sui)port. The Commons conceive not how Supply may be done, other than by way of Subsidy, which being most proper to be moved In' the House of Commons, they will con- sider a meet Resolution and proceed therein in due time. For l1 258 JAMES I. 1610. point of Support, they hold the same to be most proper to be A'K. moved by the Lords, whereof they expect to understand from '' . their Lordships, when convenient. Scotioe lleport is made on Dr. Cowell's Book, with the Exceptions taken by the Commons as to the words Subsidy, King, Parlia- ment and Prerogative, upon which they apprehend Dr. Cowell has so unadvisedly enlarged himself, that the same was very dangerous and offensive. The Commons are called at Seven o'clock in the morning. March 0. The Lords, at the desire of the Commons, agree to a Conference on the matter of Tenures and the Dependants thereon, and for consideration of Dr. Cowell's Book. On the latter, the Clerk of Parliament is to search for Precedents, and certify the same to the House. March 8. The Lord Treasurer signifies to the Lords, that his Majesty had perused the Places in Cowell's Book, whereunto exception had been taken, and had called the said Cowell before him, and had heard his answer. Having duly considered the Errors committed by the Party, he was graciously pleased to deliver his Judgment and Resolution unto the Lords, to be im- parted to the Committee of the House of Commons, which the Lord Treasurer delivers to their Lordships, and is appointed to Eejiort at the Committee. Agreed. Three Lords (the Chancellor, Treasurer, and Privy Seal,) to Report to this House what shall be spoken by the Com- mittees of the liOwer House at the Conference, touching the matter of Tenures and Dependency on Tenures. March 12. Ordered, that all Sub-Committees in matter of grievances, sit from one to three, and then come in. Also, Ihat all Sub-Committees sit at Westminster, tiiat they may be sent for. March 14. It is determined, That there is no Precedent of Thanks to the King, but by the Speaker ; if to the Lords, by a Messenger. They send to infinuii the Lords that they mean to give Thanks by mouth of the Speaker, but think fit to acquaint their Lordships. March 23. The House to meet To-morrow at 7 ; at 10, to go to a Sermon in the Abbey, according to Custom, on Coronation day. A. R. March 29. It is Resolved in the Lords, That on the Matters 8 of Tenures and Wardships, the whole House shall meet as a Committee, and, hac vice, sit in order, as at other times of sit- ting ; and to treat and confer by way of Interlocution, no man to be barred or stopped by once speaking, but to speak oftener, as occasion may require. March W. According to His Majesty's pleasure, the House is to adjourn from Tuesday to Monday se'nnight. It is Resolved to call the House on Thui'sday after that Monday. March 31. One, not of the House, came in and stood awhile; a Question, whether he shall be called in and admonished, is carried by 100 against !)9. He is called in, and kneeling at the Bar, is admonished of his Contempt ; then, in favour, remitted. April Z. (^Tuesday.) The House adjourns to Monday IG, atH. April 19. The Lord Chancellor declares His Majesty's dis- pleasure at the slender appearance of the House, and the neglect of his Service. April 20. His Majesty gives an Answer on the subject of Tenures, &c. April 21. The Lord Privy Seal and divers other Lords Com- JAMES I. ^^^ nnltocsin tlic Little Chamber, near the Parliament Presence, 1610. are called into the House by the Clerk ot the Crown, to yield a.^k. their opinions for the adjournins ot the Court. g^^^^;^ Apr! 2(J. The absence of Lord ShefFeilde is excused bv the Lord Chancellor, and of the Lord Bishop ot Ealh and ^^ ells by the Lord Archbishop of Canterbury, accorduig to daily practice Ma>, I. ( Tuc.^j.) The Lords allow the return ot the Lord Bishop of Landaffb upon his statement that all his House are now in perfect health, though the Plague had been for eight weeks amongst them. ^ . ., r ^ ■ d <- e ^ May 3 Lord Stafford claims Privilege for his Servant, &c. The Commons, bv ^Message, desire a Conference on 1 enures, &c The Lords wiU meet them, but, lor the weightiness ot the matter, wish that the Committees may debate and answer Questions as occasion may require, and give Explanations, &c., but not so as to bind either House. ^ , ^ ^t .p j ^ +i,^ JIai/ 5. Privilege is claimed by the Earl of Hertford and the Lord Bishop of Peterburgh. ., ri c „„„„ May 7. In the Lorch; Report is made on the Conference. tvhich did not anszver their Eupectaliou. A Message m writing had been verbally read by the Committee ot tne Commons, by which the Lords were directly ban-ed from replying to any thing spoken, &c. There was no freedom of debate. To the Lords' Objections, the Commons return a written Answer ; " That on re-examination of the matter they iind no reason to alter their offer. Their purpose was to lay the burden on the Landed Men." • ^ i. ~ May 8 The Lords desiring a Conference, communicate by means of the Commons' Messengers, then in their House. _ The Commons "are willing, though it is not usual, to receive Messages by their own Messengers." MayU. The Speaker having brought a Message from the Kino- which he had received from the "Body of the Council, it ii' Resolved, "That this manner of receiving a Message ancl not directly from the King, should be no Precedent hei-ealter M«vl2. In the Lords% Bill is read, once, for restrain ng the execution of Canons Ecclesiastical, not confirmed by 1 arha- ^^^ jV«v 14. Mr. Speaker delivereth a Rlessage from the King, touching Messages by the Speaker, or by the Council to the Speaker, in His Majesty's name. It is referred to the Committee for Grievances. . , . , n 4. May 21. Both Houses attend his Majesty this Afternoon, at two, r. M., in the Great Chamber, on the King's Side, at the Court of Whitehall. May 23. Lord Norreys claims Privilege, &c. May 2G. The Lord Treasurer speaks concerning Supplies to his Maiestv, "the necessity for which increaseth daily." The Commons, by IMessage, propose to address his Majesty on several points concerning his Safety, (Recusants, Jesuits, and Oath of Allegiance.) The Lords agree to a Conference, and propose to shew tne Commons " the'difference between a free Conference and a dry Meeting." . „ , . i_ /-. P. m" The Chief Justice of the King's Bench, is, by Lom- missionj appointed Speaker, during the Chancellor's illness. June 2, {Saturday.) Lord Clynton is introduced in his Par- liament Robes, &c., by Writ of Summons. 43 '2 GO JAMES I. 1610. His Majesty's Pleasure is delivered, by the Lord Chancellor, A- R- that on Alonday (4th) the Court shall sit in the Room or Chamber ^ called Whitehall, in respect of tlie Prince's Creation, all their Scohse Lordships in their llobes, &c. June A. In presence of both Houses of Parliament, the Prince is created Prince of Wales and Earl of Chester. The Parliament is adjourned to the 7th, hora D. June 7- Proclamation having been made for all Persons to take the Oaths of Allegiance, they are taken this day by the Archbishop of York, the Lord Admiral, six Earls and one Vis- count, fourteen Bisho]is and eighteen Barons. June fj, 9, 12. The Oaths are taken by nine Earls, two Bishops, and six Barons. June 11. jMotion is made in the Coinmons, That there may be no Precedent to receive a IMessage from the King, by the Lords. June 16. An Order is made, in the Lords, as to the Precedency of the Baronies Le Despencerand Abergavenny. June 18. The Lords receive a Message from the Commons as to a Conference, which they (the Commons) accept, and wish, in the mean time, their Lordships would consider these three points : (1.) What more the Lords will offer unto the Commons, above the ten things already proposed, and above that which they of that House have thought on, to be yielded by way of lletribution. (2.) That the Lords will deliver unto them the lowest and certain price of those things which they shall have and con- tract for. (3.) AVhat Course may be taken, and what Projects their Lordships will propoiuid for levying that which shall be given, olfier than uj)on the Lands. June 19. Agreed, in the Lords ; the King to be made ac- quainted with the Message of the Commons, and his Pleasure to be learned concerning it, before Answer given. June 2}. The King answers, " His Majesty gives authority to this House to inform the Commons, that on Tuesday, in the Afternoon, their Lordships, by their Committees, will have Con- ference." The Commons agree to meet them in the Painted Chamber. June 21. Claim of Privilege is made by I^ord liisle. June 2(). His Majesty answers the Proposals. " He is pleased to require the Lords, in this Conference, to consider, that they are all as Peers, and equal with the Council, and that accordingly the}' will have equal and like respect and care of the Service, and be " Pares in Onere." Ijord Shetfeilde is added to the Committee for Conference, though not present when the Committee was named, 14th Feb. June 30. Ijord Hunsdon is allowed to return to the House, no Infection having been in his House for six weeks. Juli/ 2. (Mondai/.) The Lord Chamberlain claims Privilege for his Servant. Juli/ 3. In the Lords, Ar/rccd, after a Bill is put to the Qviestion,' no Lord may, by the Order anciently used, and still in practice, speak any thing to the same Bill. Ju/i/ 7« In the Lords, a Bill is read, for better Attendance, and for Trial of Causes in the Commons' House of Parliament. Jnti/ i). The llou.se attends his Majesty at Whitehall, concern- ing Impositions comi)laincd of by the Conunous, to which the King gives answer, severally. JAMES I. 261 .JhIi/ \1. The Coainioiis Nesolrc, Tliat. ;ill absent on calling 1610. llic House, shall pay, Kiut;iils, (;*■. <>(/., Burgoi-ses, 3»'. 4f/. a. r. Jii/i/ 14. On two Divisions, the Votes are V>2 against 51, and ^ . 15 against 15. The Spealcer's negative Voice decides the latter. ?o'"^ Juli/ Hi. Rlr. Speaker brings in a Paper received from his M(ijcs/i/''s own Hand. Jit/i/ 17. The I5ill of Supply is sent up. The King accepts, hi lieu ot' Tenures, &c., an annual j)aynient of £200,000. Jti/>/ l!). Hesolvcd, in the Commons, that the Clerk do continue his jjains in registering the Acts of the House. Resolved. Those who do not now jjay, to pay 20*. at the next meeting. Ten Pounds of what shall be collected, to be disposed of to the Poor. July 23. The King is present, and the Prince of Wales (first time). His Majesty makes a long Oration to the Houses. The Parliament is prorogued to Tuesday, lO'th day of October. October 16. {Tuesday.) The Fifth Session of the I610. First Parliament opens. '^'g'^' AVrits ai-e issued to Thomas Egerton, 2 Earls (Treasurer and Privy Seal), the IMarquis of Winchester, 21 other Earls, 3 Vis- countSj 48 Barons, Chivalers. Oct. 22. Jyreed, That any Lord, a IMember, though absent, may, in regard of jjarticular interest, respecting any Office or Special Service, be named a Committee. Ordered, All Lords now in Town, and not present, to be specially warned to give their attendance on Thursday. Oct. 25. Ayreed. The Lords to sit as a Committee, and the Debate to be by way of Interlocution, concerning the Contract with the King. Eleven JBishops, twelve Earls, one Viscount, twenty-five Barons, are present. Oct. 30. The Clerk of Parliament having received a Letter from the Under-CIerk of the Commons, requiring a Copy of the King's Answer to the Grievances, their Lordships cannot allow this manner of Deinand, which should have been by Motion to their Lordships themselves; but not to cause interrui)tion to the gi-eat business in hand, they ctfjree and order, that the Clerk of this House shall have Warrant to send the King's Answer, and that it be entered in the Journal Book, " That this Particular be not at any time drawn or used as a Precedent." December (j. (Thursdai/.) The King's Commission for a Pro- rogation of the Parliament to the 9th of February, is read. February a. (^Saturday.) The Parliament is i)wio/ye(/. (t?) 1611. A Proclamation is published stating the lleasons for this Dis- a. r. solution. 8 Whereas the King's most excellent Majesty, hath continued this Parliament together, longer than hath been usual, or might well have stood either with his important affairs of State, or with the public business of three whole Terms spent in the two last Sessions ; or with the occasions of the Country, where the service and hospitality of many persons of quality have been (t;) Dugdale, Feb. 9, 1610. Pari. Hist. V. 157-257. The Commons' Journals ar*^ deficient from Rlonday, 23 July, KilO, to Tuesday, 5 April, 12 Jac, 1614. It may be noticed, tliat tlie Journals of the Lords supply Lists of all the Writs of Summons delivered by Peers to the Clerk of the Parliament in each Session, as also Lists of all the Bills brouglit into tlie Lords' House, with tlic fate of each, distinguishing such as originate in this House, and such as arc sent up from the Commons. This List states also what Bills were still in Course of Procedure. 262 JAMES I. 1611. missing, and divers Shires, Cities, and Borough Towns have A.R. been burdened with allowances made to Knights and Burgesses 8 whom they employed ; besides the particular expence of the Nobility and others attending the Session : and all tliis in ex- pectation of a good conclusion of some of those weighty causes which have been there in deliberation, not only for the supply of the necessities of his IMajesty's Estate, but for the ease and freedom of his Subjects, in many things proposed by his IVIajesty in Parliament, far differing and far surpassing the favors and graces of former times, both in nature and value ; Ilis IVIajesty hath now resolved (for preventing of further troubles of all those that would prejiare themseh'es to be here, against the time limited by the last )n"orogation), to declare by these presents that they shall not need to give their attendance at the day appointed, for any services to be done as Members of this Parlia- ment, because his ^lajesty for many good considerations known to himself, hath now determined to dissolve this Parliament, by his Conuriission under his great Seal of England. Dated at Whitehall, 31st December, IGIO. 1614.. Ap?'il 5. [Tuesday.) A Parliament (II.) meets at ^\2' Westminster. Scotise Writs are addressed to Charles, Prince of Wales, Thomas '47 Egerton, Chiv. Chancellor, the Earl of Northampton, Keeper of the Privy Seal, the IMarquis of Winchester, 21 Earls, 2 Vis- counts, 4'J Barons, Chivalers. (iv) The TiOrd Admiral, Lord High Steward, comes to the Room called the Whytehall, or Court of Ilequests, and appoints 24 Privy Counsellors, to be his Deputies to Minister the Oath during the Parliament. About 1(J0 Knights and Burgesses take their Places in the Commons' House. On Message from the King, they repair to the Higher House. Thelloomis so full of Strangers, that no place is left for Members, " at which they much dislike." The King and Prince of Wales are present. His INIajesty and the Lord Chancellor successively address the Houses. jlpril 7. The Commons present their Speaker, Sir llandolph Crew, Knight. The Clerk reads one Bill, pro Forma ; and an order is made, That every Member of the Commons shall take the Sacrament at St. Margarets' Church, " which not one refuses." Ajiril 8. A Committee is appointed in the Commons to search for Precedents, whether any Attorney-General to any King or Queen, hath been chosen and served as ]Member of this House. A General Committee is named for Freedom of Elections, Privilege of Persons and S])eech. A General Committee of the whole House, for receiving Peti- tions, is ordered to meet every Tuesday, at 2, v. m. (w) Dugdale. Pari. Hist. V. 272. In this long interval, various schemes had been devised for raising money. Among other projects was that of Robert Carr, a Scots- man, the King's chief favourite and counsellor, who, from a low origin, waS first knighted, then created Viscount Koclu'ster, and afterwards Earl of Somerset. Ue proi)i>sed to erect a new Order of Dignity and Worship, called Baronets. Their num- ber to be 2U0, and their power and dignitv next to Barons. Their Title that of a Knight, which was to descend to their Posterity. ¥ov this they were to pay il.OOO a piece. The pretence was to plant Colonics in the North of Ireland, for which the Bloody Hand, the Arms of the Province of Ulster, was added, as a Trophy of the Baronets" Escutcheons. Another project was a State Lottery, the first in England. All which, not answering, a Parhament was called. The Journals of the Cr)mmons are from this time much more full than heretofore, and the labour of abridgment and selection becomes greater. JAMES I. 2C3 April 9. The Lnrils attonil His Majesty at the Banquctting 1614. House, to hear his further jileasuro and direction as to the a. u. business of" the Parliament. The King speaks thus ; 12 " First have a care to the great increase of Popery ; yet I Scotia would not have the Papists vaunt of their good Seed, since their ^"^ great Conquests areonly women and ignorant jjersons. Tiiey assail only the weaker, and get to them not such as they would, hut such as they can, and it is very remarkable, an ill cause is most vigilant and careful to defend itself; yet, as I sa}', do not pro- ceed to touch I^and or Liife, for as I noted, persecution was never a justifiable way of establishing religion, but by the execution of good Laws. " The state of Ireland, which I pretend not without just cause, 3'et without fear ; for thoxigh they can never be reduced to so perfect obedience without establishment of Religion, yet in the last trial of their Parliament, I have found many good subjects there, yet consider that the JNIembers most removed from the heart have most need of succour; they lie most obnoxious to harm, and as a prey to all Enemies of the Body ; and though none of my Ancestors could ever be called so absolutely a King of that Countr}', as I may, yet there must be great care had of those remotest parts of the Dominion, which have always been Enunctorics of England ; and wherein more has been spent in one year, than would, by frugality, be saved here in many. " AA^ith regard to tlie Elections of Parliament, I wholly disavow that I ever directly or indirectly, did prompt or hinder any man in the free election, nor did I ever put an}' confidence in a Party Parliament, and of this, 1 appeal to all the Sheriffs and Lords, let them accuse me freely. As touching Proclamations, so did I never intend them to have the force of Laws, but to pre- vent misgrief arising, wherein the Law hath no Provision, until a Parliament can provide. " The form I mean to hold in our proceedings, to avoid the long conferences between the Upper and the Lower House, which breed but delay, for sometimes the Lower House brought nothing but Tongues, sometimes nothing but Ears; I mean to propound to the Lords, matters proper to them by Bills, and the like to you, and to speak to you myself and receive your answers ; this to prevent unnecessary meetings, and to hasten our business, that we may proceed to the most urgent point. And I do pro- pose to continue this Parliament, to another Session at Rlichael- mas, when may be supplied any ?uch defect as this short time will not give leave, perhai)s, to be amended. For I will meet you often in this kind, to shew myself contrary to all Tyrants, who love not advising with their Subjects, but hate Parliaments. Most I desire to meet with you-, when I might ask you nothing, but that we might confer together freely, and I may hear, out of every corner of my kingdom, the complaints of my Subjects." April 9. The Lord Chancellor moves the Lords, " That such as make Proxies do record them 3" likewise, That notice be taken of such Ijords as have received writs of Summons and do not appear, to the end that His Majesty may be informed there- of; and, that notice be also taken of such Lords as be sick, and cannot attend. The Lord Chancellor signifies, That, if any Lord or Lords be here that have not already taken the Oath of Allegiance, His Majesty's pleasure is, that He and They do take it according to the Statute which appointeth the same, to be to them ministered 264 JAMES I. 1614. l)y Six of the Council at least, whereof certain to be of the A. R. Quorum. 12 In the Commons, Report is made from the Committee of Scotice Privileges. ' ~ It is moved, That they of Durham may have Knij^hts and Burgesses, for they are now bound to pay Subsidies, and yet have no benefit of the General Pardon. Resolved; Sir G. Selby, Sheriff of Durham, cannot be chosen Knight of the Shire for Northumberland. April 11. In the Lords, a claim of Privilege is made for the Servant of Lord Willoughby de Eresby. Ordered ; a writ of Habeas Corpus, &c. Yive Earls and Nine Barons take the Oath of Allegiance. In the Commons, Ordered, That no Bill be read a Second time until half-past Eight, or a Third time till past Nine. A Report is made as to the Attorney-General ; " That there is no Law against the Attorney-General sitting, but that which is against all Privy Councillors, Solicitor, Serjeant, and all Knights of Shires, not Resiants, or not Freemen." It is affirmed, " That no Attorney w^as ever chosen, nor anciently any Privy Councillor, nor any that took Livery of the King." Resolved ; That he shall for this Parliament remain in the House, but never any Attorney-General shall serve for the future. April 12. A Debate in the Commons, on a motion for a Supply is deferred because "divers JNIembers were not yet come." The House is first to be called, and tlie Communion received, as ap- pointed, according to the Primitive Church, &c." A Motion is made against a Slieriff of Wales, excluding one elected a Member, that he would not suffer tiiem to have any Burgess at all. There was no Burgess in Wales till 27 Hen. 8, then 12 Knights, 12 Burgesses; every Bui-gess to be of the .Shire Towns, according to the writ, " ct de Burgo vocat 1' Shire Town," or principal Town of Shire, but all others who have a voice in the Election, to be contributory. Mr. Thomas, tlie Recorder of Carmarthen being elected for this place, the Sheriff returns, "Nulius Burgus vocatus Shire Town unde Burgus eligi possit," whereby he may turn out all the Burgesses of Wales. Referred to the Committee. Ap7-il 13. Ordered in the Commons; The Sheriff of Northum- berland to be sent for after the Election of a new Knight, which is to be on the next County Day but one. The Speaker stops a Member " for the dignity and gravity of the House, that no interruption may take place till the Speech of the Party speaking be ended." Ruled. Ordered, upon the Question, " That nothing pass, by Order of the House, without a Question, and no Order, without a Question, Affirmative or Negative." April l-l. Question — "Whether all Mayors and Bailiffs re- turning themselves shall be removed ?" Resolved, "Yea." Ajml 15. A Motion for the Preservation of Memorials, Records, &c., is referred to a Committee for Privileges. April 18. {Monday.) A " Di.spute " takes jdace concerning Impositions and Taxes. It is said, " It was Ilcsulved in last Parliament that, by the I^aw, no Impositions might be laid without Authority of Parliament, and a Bill passed to that pur- l)ose. That the House consists of about 472, of whom 300 were JAMES I. 265 not in the last Parliament, whereof many are young. These 1614. should understand the true state of their right, to leave it for a. a. hereafter to Posterity. , ,. , c^ >?;.» A Bill is read a second time, for Repeal of one branch of the •-'^VT^ Statute, :}4 Henry VIII., for Wales, and'a Committee is appointed. An firder is made, that the Clerk shall set upon the House Door, the Orders for Committees to sit that day. Jpril 19. In the Lordu, a Claim of Privilege is admitted for the Earl of Sussex's Servant, and Proceedings are taken there- u])on. In the Commons, it is agreed. That this House is but halt a Court for making Laws, but a full and whole Court for exam- ining Returns, aiid all Matters within its Jurisdiction. Ordered, That the power of giving an Oath by this House concerning the Returns or Jurisdictions of the House, be referred to the Committee for Privileges. Precedents to be viewed, and a Report made. A. Motion is made for a plain Law to explain the Election of Knights and Burgesses. The danger to the House, by the loss of Records, is stated. A Motion is made, that if the Committee shall not find by Precedents that there is power here to minister an Oath, a Bill be drawn up and go to the Lords, with special recommendation. A Committee is appointed for drawing such Bill. The House adjourns over the Easter Holidays. Mav 3. (Tuesday.) In the Lords, the Lord Wentworth does, in the' presence of the I,ord Chancellor, and a competent num- ber of Lords of His Majesty's Privy Council and others, kneeling in the upper end of the House, freely and voluntarily take the Oath of Allegiance, provided in the Parliament, 3, .Tac. May 3. In the Commons, the ancient Order is stated, " That the Speaker ought first to rise, and go out with state, and not to be tied to any hour." Mr. Hyde says—" There is no power in the King to direct our proceedings, as was resolved in the last Parliament. We are here a free Council to proceed as we shall think fit." Sir Edward Sands " remembereth not in any Parliament for twenty-five years any mention, at a beginning of a Parliament, of Subsidies, except one, when Hannibal ad Portas. Queen Elizabeth never carried a Subsidy with one negative. The King had a Subsidy last Parliament, with one or two odd voices. If he should now gain divers Subsidies with so many negative voices, it would not be honourable." May 6. Ordered, that the Order for not going to the King, be entered and confirmed, for this Parliament. May 9. It is moved, "that Mr. Chancellor of the Duchy being an ' Undertaker,' contrary to the Privilege of the House, he be secluded till he give satisfection, &c." He is sequestered bv Order. "The House to meet To-morrow at Seven. May 10. In the Case of Mr. Chancellor, Mr. IV. Fanshaw says, " The Chancellor hath no power in Elections." Sir John Sammes. "Till Henry 1 V^., there was no Chancellor of the Duchy. That Court was established only by Henry IV., fearing the joining of it to the Crown might be prejudicial to him, doubting his Title to the Crown." Mr. Attorney. "The Pre.scription of the Chancellor is to INI m 266 JAMES I. 1614. have the Nomination of one of the Burgesses in every one of the A. a. Duchy Towns. It hath bQen so in his remembrance, and is 12 ancient. Error Temporum. A Bill should be brought to reform ^Tf»'* these Abuses." *' Mr. Davys. " This Question will have three good effects. It will be a Caution to Great ones hereafter, how they write ; En- couragement to Freeholders to use their own right in Elections ; a good Precedent for future ages, that this shall be punished in any, how Great soever." Mr. Serjeant Mo?ita(/ue. " Ex mails moribus bonse Leges. This is a fit subject for a necessary Law. In Richard the Second's time, all Elections were made by Letters, Avhich hindered all due Elections. That produced the Statute Edward IV., to make them ineligible when not Resiant in the Towns. He wishes all to be made incapable, that come in by Letter, for it is the only way to bring in Servitude." Mai/ 11. It is Ordered, " That the Member so elected be removed, and a new Writ issue for a new Choice." il/r. IlackwiU. " A Man chosen cannot wave, unless chosen in another Shire than where Resident." Mr. Fuller. " No Indentures were here sealed. After a Return made, there is no remedy but a new Writ." Sir A. Cope. "The Writ went to the Bailiff and Constable, not to the Bailiff and Burgesses, as it ought." Sir S. Sands. " The exception is not material. The Writ goeth to the Sheriff, and not to the Sheriff and Freeholders, though they are the Electors. Mr. G.'s waver is good, because he is no Burgess there. Sir W. Cope's return is good on the other's waver." Sir R. Maunsell. " Having a Freehold in the Shire, he cannot refuse to serve. The Bailiff confesses he got the names by private Solicitation." Sir Roger Owen, " It is clear the Election is void." Sir R. Hitcham. " The decision is absolutely Matter in Law. A Burgess elected, without consent of Electors, cannot wave ; with it, may refuse to serve. A Knight of the Shire elected, by consent of Electors, Freeholders, may refuse. The first IMan returned cannot be returned upon that Writ, because the con- trary was fully returned by the Writ, therefore. Sir W. Cope to continue till a new Writ." It is Ordered on the Question, " That the return of Sir W. Cope and Sir H. Wallop is not good," and that a Warrant issue for a new Choice, Slc. May 14.. Report is made from a Committee on the Matter of Knights and Burgesses of Durham. It is argued, but the dispute is stopped by the Speaker till the Bill is read. One, not of the House, is apprehended and committed to the Serjeant. May 10. The Archbishop of Canterbury claims Privilege for his Servant. May 19. " It is not lawful for any one at a Committee to speak against the Body of a Bill. One that has spoken against, cannot bo a Committee." May 20. The Committee of Petitions move. That the Com- mittee of Privileges may consider of a fit place for keeping the Records of this House. May2\. An Act for Knights and Burgesses to have place in Parliament, for the County Palatine of Durham, and Borough JAMES I. 267 or Town of Barnard's Castle, alias, Castle Barnanl, is read a first 16H. lime in tlie Commons. a. r JMati -I'.S. The Lords going into a Committee for a Conference '^. on " impositions," a Debate arises, " Wliether the Judges shall ?i'* give their ojnnions now, concerning Impositions." The Judges decline giving their opinions, "as upon Particulars in Judicial Causes, they are to speak and judge between the King's JVIajesty and his People, likewise between His Highness's Subjects; and in no case to be Disputants on any side." May 24. The Lords negative the Question, AVhether this House shall meet the House of Commons in a Conference on Impositions. In the Commons, The Sheriff of Noi-thumberland is repri- manded at the Bar. Mr. Speaker charges him with making undue Returns. The Sheriff" desireth, since they accuse him by advice of learned Counsel, to make his defence so. He is to be heard, 1 Hen. VII., for the matter in fact, and if question in mat- ter of Law arise, then to be heard by Counsel. He is to remain Prisoner with the Serjeant's man, so he comes home at night. May 26. In a " Dispute," Sir Edivard Sands says, " To go immediately to the King, wrongeth the Liberties of the Upper House. The Liberties of Parliament are three ; of Election in this House, of Freedom from Arrest, and of Speech. Words of Treason, or Matter of Felony, have no protection here, but are punishable by the King. Words of Scandal, or which may make Sedition between the two Houses, are punishable here. This is proved (1) by the usage of both Houses, (2) as prejudicial to the Liberties of this House, (3) as this House can challenge no l>iberty farther than the Lords ; where most Honour, is most Libert^"-, &c." Mr. Speaker excuseth his rising, and desireth he ma}' give his Reasons why it is not fit now to put this to the Question. It is ruled, he shall, upon Leave asked, speak his Reasons. May2T. Mr. Speaker having read a Letter from the King, it is argued. That it hath always been a Privilege of Parliament to choose in what business to proceed; That the King had been misinformed ; That pieces of Speeches and A ctions are carried too hot to the King ; That calling, dissolving, and proroguing Parliaments, is the King''s only power ; That Prerogative con- trary to the Law of the Land is void, &c. Sir S. Sands " hath been thirty years in Parliament. IMore bones are cast in this to divert the Proceedings of the House, than in all Parliaments he hath known." May 28. The Lords] receive a Message from the Lower House : " The Knights, Citizens and Burgesses having prayed a Conference concerning Impositions, &c., they have heard that the Bishop of Lincoln, to dissuade the Lords from such Confer- ence, used words inferring that the Blatters for such Conference were unsafe, striking not only at the Branch but Root of the Prei'ogative, and would give rise to undutiful and seditious Speeches, unfit for their Lordships to hear, tending to a danger- ous heat and distraction of both Houses, and to make an Alien- ation between the King and his Subjects. They desire their Lordships will join with them in some course to give them satisfaction for so great a wrong, and shall forbear all proceed- ings imtil they receive answer. The Lords will take the same into consideration, and answer by Messengers of their own. 268 JAMES I. 1614. May 30. In the Lords, Claim of Privilege is made and ad- A. R. mitted, for the Duke of Richmond's Servant. 12 The Lords send a AIessafi;e to the Commons respecting the Scotise Bishop of Tiincoln. Their Lordships do not think " Common Fame" a sufficient ground wherein they may proceed. Never- theless, wlien more certainly informed, in direct and express terms, what the words were, &c., they will proceed according to honour and justice, and give all good Satisfaction that may be. In the Commons, TXe]iOT:t is made of an Answer to his Majesty's Letter. May 31. In the Lords, a Claim is made for Privilege, in the case of Lord Compton's Servant. A Message is sent up from the Commons, touching the Lords' Answer. " Though the Commons do not take Common and Public Fame to be a sufficient ground or proof, by a legal and ordinary course of Justice to proceed, &c., they hold it enough to induce the Lords to take the matter into consideration. They desire, if the words alleged were not spoken, the Lords will so signify to that House, otherwise, they hope their Lordships will do as promised. They know not by what other course any un- dutiful Speech, uttered in this House or theirs, can be called in question." The Lords answer, " Having entered into consideration of the business, the said Lord Bishop did humbly entreat that he might be heard. He did make extreme Protestation that he did not speak with any evil intention to that House, expressing, with many tears, his sorrow that his words were misconceived, which submissive and ingenuous behaviour gave satisfaction to their Lordships, that his intention was not, as has been taken ; other- wise their Lordships would have proceeded to the censuring and punishing thereof with all severity. Nevertheless, their Lord- ships are of opinion, " That hereafter no member of their House ought to be called in question, when there is no other ground thereof than Public or Common Fame only." In the Commons, the Bill ibr Durham is "read a second time and committed. A Conference is agi'eed on, in the Painted Chamber, at eight to-morrow. The Lords' answer being deemed unsatisfactoi-y, a " Dispute" arises as to going to the King with a Complaint against the Bishop of Lincoln. June 3. {Friday.) The Commons still delaying a Subsidy, the Speaker brings a INIessage from the King, " That imless they forthwith jiroceed to a Supply, he will Dissolve the Parliament;" which Message they disregard. June 4. The Lords Morlcy and Eure claim Privilege, The Lord Chancellor declares. That no Privilege of Parlia- ment protects any man in case of Breach of the Peace. June 7- A Commission to Dissolve the Parliament is read by the Clerk of Parliament. It states, " Pro eo quod nullus Ilegalis Assensus, aut llesponsio, per nos prtestita fuit, nullum Pariiamentum, nee aliqua Sessio Parliamenti, habuit aut tenuit existent em." {x) 1621. January 30. {Tuesday.) A Parliament, adjourned '*i8' from the 16th and 5i3d, meets at Westminster. Scotiae 54 (.r1 Pari. Hist. V. 302. The Commons' Journals contain nolliing after the delivery of the Message by the Speaker, on Friday, June 3. JAMES I. 269 Writs issue to Charles, Prince ofAVales, Duke ot Cornwall and 1621. Vork, and Earl of Chester, to Francis, Viscount St. Alban's, a. r. Chancellor, Viscount Mandeville, Treasurer, Karl of Worcester, '8 Keeper of tlie Privy Seal, Marquis of Bucks, Hijrh Admiral, Scotise Mar(|iiis of Winchester, Earl of Oxford, (ireat Cliamberlain, ^^ Earl of Arundcll, Earl ]\larshall, Earl of Kichmond, Steward of the Household (Seneschal llospitii), Earl of Pembroke, Cham- berlain of tiie Household, 29 other Earls, 6 Viscounts, 4? Barons, Chivalers. (?/) A Proclamation, issued Nov. C, is, in part, to the following effect :— " Out of the care of the common good, whereof themselves are also particijiant, we do hereby admonish all our loving Subjects, that have Votes at Elections, that choice be made of Persons approved for their Sincerity in Ueligion, and not of any that are noted either for superstitious blindness one way, or of turbulent humours anotiier way, but of such as shall be found zealous and obedient Children to this their Mother Church. " And as to the Knights of Sliires, that they cast their eyes upon the worthiest IMen of all sorts, of Knights and Gentlemen that are Guides and Lights of their Country, of good Expe- rience, and of great Integi'ity: Men that lead honest and ex- emplary Lives in their Countries, doing us good service therein ; and no Bankrupts, or discontented Persons, that cannot fish but in troubled water. And as for Burgesses, thai, they make choice of them that best understand the state of their Countries, Cities, or Boroughs ; and where such may not be had within their Cor- porations, then of otlier grave and discreet IMen, fit to serve in so worthy an Assembly. For we may well forsee, how ill effects the bad choice of unfit men may produce, if the House should be supplied with Bankrupts and necessitous Persons, that may de- sire long Parliaments for their private protection ; as with young and inexperienced IMen, that are not ripe and mature for so grave a Council; or with Men of mean qualities in themselves, who may only serve to applaud the opinion of others on whom they depend ; nor 3'et with curious and wrangling Lawyers, who may seek Reputation by stirring needless Questions : but we wish all our good Subjects to understand this our Admonition. We no way mean to bar th ^ \ Feb. 26. Sir Edivard Coke (on question ot a Keturn) says, no man is a Burgess till returned of Kecord. In 7, li- 2, a Baron called bv Writ to Parliament, (till then all were called bv Writ) died before he came to the House. It was questioned whetlier he was a Baron or not. Resolved, No ; nor his Son a Baron, because the Writ was not returned, nor he sat in Parlia- ment. ' The Election is but an Inception; the Indentures are Progression ; Return, Consummation. One chosen dieth before thelleturn, thev may choose another by that Writ. There is no removing a Member, but where Practice or Abuse, (z) March \.\Thursday.) The Lord Archbishop of Canterbury reminds the House, that anciently, and till very late times, tins High Court did forbear 10 sit on Wednesdays and Fridays, for that the Lord .Bishops, on those days, did and were accustomed to meet and be busied in the Convocation. His Lordship moves that thev would be pleased not to meet or sit here in Council upon the said davs; which Motion is generally Allowed, with Provision, That the Lord Chancellor do propose unto the House on Tuesdays and Thursdays, whether the Court will sit next day or not, or shall be adjourned, as before by the Lord Arch- bish(>p of Canterbury was moved. March 3. The Commons send up a Message as to Sir Gyles Monipesson. . , A Report is made, that INIynehead, 1 Eliz., was incorporated with condition for repair of' their Harbour; that, from 5 Eliz. to 1 Jac, they sent Burgesses, but their Corporation and Liberties were seized about 43 Eliz. for breach of said Condition. They sent no Burgesses 12 Jac. Except they had Precedents before 5 Eliz., their election and return were void. (*) In the Commons' Journals is a blank from 19th to 26th of February, the Clerk being ill, and the Notes of his Son, acting as Deputy, not being admittea. N 11 ^74 JAMES 1. 1621. March 5, Sir Edumrd Coke. The Statute Majrna Charta, A. V. 29 cap., was confirmed thirty-two times. None to he im))rison- 18 ed, &f. It was called Magna Charta, not for the largeness, but Scotire f„j. tiig weight. All the old writers call it the Charter of ^* Liberties. March 6. Mr. Waincroft moves for an enlargement of the Room for ^Members of the House. On another Question, a division takes place of 188 against 1G9- March 7- Resolved, not to admit any Connnittee from the Convocation House to meet our Committee. To hear them at the Committee by their Counsel, or by themselves, as Parties interested. Mr. Glanvyle. There is a difference between an adjournment which both Houses may do for a moderate time, and a Proro- gation. Thinketh the Law to be, that the Royal Assent to a Bill, without a Prorogation, endeth not a Session. In the Commons, Privilege is claimed for His JNIajesty's Groom. March 8. In the Lords, Sir Edward Coke says. King Alured made an Act, with the advice of his wise men to have two Par- liaments every year. That was the only place where chief wrongs may be complained. Edward I. made an Ordinance to have a Parliament everj^ two years. Edward III., for reform- ation of Grievances, one Parliament every year. Duo in Uno: L^nuni in Duobus : Unum in Uno. March 9. Mr. Mallortj, will spare none, though they sit in Chairs. i\Ir. Speaker came out of the Chair without consent of the House. Sir R. Phillippes admonisheth the Speaker, that sometime he neglecteth his duty to the House, in intricating or deferring the Question. Mr, Nemjll must a little reflect upon ]Mr. Speaker, that he hath made plausible Motions abortive. Sir H. Manners. JMr. Speaker is but a Servant to the House, not a Master, nor a Master's IMate. * Sir H. Witlirington. Mr. Speaker is the fault of all their faults, by preventing them with rising. Sir TV. Ilerberte. He was required to sit still. He must respect the meanest, as well as those about the Chair. Sir Nathaniel . He may never rise out of the House at. an inconvenient time, nor at the ordinary time, if the House oppose it, without dividing it by Question. lAlr. Speaker is to go out of his Chair, and none to go out of the House. He is to attend again in the Afternoon. March 10. A Message from the King being brought by Mr. Attorney-General, it is Resolved, he should come up to the Table, and Mr. Speaker, and the whole House to be bare, while he delivereth it. March 12. The Clerk of Parliament being dangerously sick, is a humble Suitor, that Henry Elsyng, who hath a Patent for the Clerk's Place in lleversion, may be admitted as Deputy Clerk. Agreed. Agreed. The Deputy Clerk of Parliament to be sworn, and an (Jath devised by the Lords' Sub-Committee of Privileges. Agreed. The King to be moved not to grant any more Re- versions of the said Office, until the House be first moved therein. The Lord Chamberlain declai-es to the House, " That at the JAMES I. 275 last Conference with the House of Commons, two (/real Lords 1*521. (the Lord Chancellor and Lord Treasurer) sjjoke in their own a. r. defence; not heing allowed so to do when Committees are named, ^^. and the said Conference directed and limited hy this House; """rl'* Avhich was against the ancient Orders thereof. Therefore, his Lordship moves, that an Order may now be entered to prevent the like hereafter. 'J'he Motion is agreed to, with the addition, "That the said Lords shall give the House satisfaction, hy an acknowledgment of their error." The Lord Chancellor and I^ord Treasurer acknowledge, that, contraiy to the Orders of the House, they had sjioken at the last Conference, more than they had by direction of the House to do, and had erred therein. It is particularly ordered, that these acknowledgments be en- tered on the Journals It is moved and agreed to. That no Lords of this House are to be called Great Lords, because they are all Peers. The Lord Admiral moves, " That the ancient Order of the House was, that before any new business be begun, the matter in hand be first determined ; and this to be entered." lleport is made concerning Protestation upon Honour. The King having understood, that " The Peers conceived it to be a Privilege to protest only upon their Honour, and not to be put to their Oath ;" the Lords apjiointed to attend his JMajesty as a Committee of Privileges, answer, they had much Cause to think, that, in the time of divers of his llo^'al Progenitors, they had enjoyed that Privilege, though it had been invaded to their disadvantage, when they were not careful of it. His Majesty desires them to answer ingenuously, " Whether they think Protestation upon Honour, or Oath, to bind them more ?" The Lords answer, una voce, " Protestation upon honour, as being the same before God and before the world ; and in regard to the Trust given to their degree, a far greater Charge." The King willingly agrees to this Privilege, &c. &c. Mr. Weiitwortli moves, in the Commons, that all men are to have access to llecords, by Act of Parliament, 42 or 4(j Ed- ward III. Mr. D. Gooch. There is a difference between coming to search, by the Officer's Consent, paying his Fees, and by authority and command. 3Ir. Pije. Searching of llecords is dangerous, therefore, would have it prevented. Mr. Whatman. The Statute extendeth not to llecords con- cerning the King's Revenue. March 13. A Conference taking place between Committees cf the Lords and Commons, on Grievances, the Committee of the Lower House desires to be excused from entering into verbal Information and Disputes, as they have no Authority so to do, but humbly desire to return to their House for such Authority, and to meet again ; which being obtained, they request another Conference with the I>ords, on the subject of Monopolies and Grievances, on Thursday, at Nine, a. ji. ; when the Committees meet in the Painted Chamber. March 14. lleport is made of a Bill for Knights and Bur- gesses for the County Palatine of Durham, with Amendments. It is proposed that there be Knights for the County, Citizens for Durham, Burgesses for Barnard Castle, because it is the Prince's Town, and he desireth it, and for Hartipool, because it is a Port Town. Other Places are rejected, "because of pes- 51 27C JAMES I. 1C21. tering the House, and because these are incorporated by the A. «• 15ishop, and not the Kinsj." '°. Sir W. Earle and Sir W. Gravenor. The number assigned is rI'* too jfrreat. Durham should have no more than Chester, two Knights and twd Burgesses. Mr. Smith. Gloucestershire, far bigger, hath but two Knights, two Citizens, and two Burgesses. It is Resolved, Durham County to have two Knights, City, two Burgesses, Barnard Castle, two Burgesses. Plartepoole to have none. The Bill to be ingi-nssed. March 15. According to ancient Orders of the Upper House, the Afternoon Sitting begins with Prayers. Privilege is claimed for the Earl of Stafford's Servant. The Lord Chamberlain reports, The Commons had delivered in the Declaration of their Grievances, and the Capita of their Proofs in writing, sub Protestatione, that it was not to be a Precedent for them to deliver in their Proofs in writing here- after. In the Commons, Sir Ilobert Philips makes a Rejjort from a Committee appointed to examine into the Proceedings of the Courts of Justice. He then accuses the Lord Chancellor Bacon of Corruption, and opens the nature of the evidence against him. Resolved. IS'o Protection to be granted by an}' ; Service being the only Privilege in this House. March 16. The I^ords' Committees of Grievances find that the Testimony of certain Members of the Commons' House is fit to be taken on Oath. They inform the Commons, that, as Members of their Plouse, they will not send for them, but re- commend the same to their consideration. In the Commons, Mr. Glanvyle says, "This House has no power to take an Oath, Because it is presumed to know all Grievances to the Connnonwealth. The Judgment of this House, of matters of fact, is, therefore, not after to be ques- tioned. Ail are grounded upon JMatter of Record or '\^"riiing, except two or three. Sir John Jephson. A Member of this House may be examined in another Court if he will, so he thinketh, it may be done voluntarily here. Mr. No'ye. The Lords have no more reason to desire any of us to be sworn to any thing that we have delivered to them, and wherein we desire them to' join with us, than we have to crave to examine anv of them, for any thing we receive from them. Upon Question of Ihe Election for JNlynehead, it is alleged by Counsel, "That it challenged not by Charter, but Prescription, clearly from 5 Eliz From Edw. 4"till 33 Hen. 8, no llecords are kept, and thence ill kept." Resolved ; The Election is good. March 17. The Lords receive an Answer from the Commons, *' The Parties required having tendered themselves to be sworn, the House will not be scrupulous." March 19. Sir Robert Ley, Knight and Baronet, Lord Chief Justice of the King's Bench' is ajjpointed Speaker, pro tempore, during the indisposition of the Lord Chancellor. The Commons send uj) a Bill of Subsidy, with a Proviso, " That since it is not usual to grant a Subsidy at the beginning of a Parliament, they desire that it may not be drawn into a Precedent, &c., as tlie Royal Assent may be given by Commis- sion, or otherwise, for the'speedy levying of the same, the Par- 54 JAMES I. 2T7 liament still sitting." A Bill is read, in the Lords, for Confirm- 1621. ation of Subsidies'granted by the Clergy. a. n. Memorandum. l\y aiiciciil order oCtliis House, the Preamble '°. fixed to tlie Top of this Grant, and the Grant itself and the *""•"* Confirmation, fixed to some part of the same Grant, are to be re id the first time, and, the two otiier times, uolhing but the Preaml)le and Confirmation. Memorandum also. The Bailie aux Communs, is to be sub- scribed at the bottom of the Confirmation, and the lloyal Assent to be written at top of the Preamble. March 20. lleport is made in the Lords of a Conference re- specting the Lord Chancellor. P.M. Ordered, The Absents from Prayers in the Afternoon, are to pay as in the Forenoon. A Committee is appointed to receive Letters and other Writings from the House of Commons. Mr. Secretary brings a Message to the Commons for the Prorogation of Parliament to Tuesday, 10th of April. Marcli 21. Sir llobert Floyde is removed out of the House, as a Projector and IMaintainer of a Patent. March 22. In the Lords, on the motion of the Prince of Wales (who attended daily), it is Ordered, "That, by the Ancient Order of the House, no l^ord is to s])eak twice, but only to erp/uin himself, should some other Lord mistake his meaning." The Earl of Arundell shsws it to be against the Ancient Orders, for any Lord, whilst another is speaking, to disturb the House by talking. Ordered, upon a Motion for Precedents touching .Judicature, Accusations and Judgments, anciently used iu the High Court of Parliament, that a Committee be appointed to search among the llecords remaining in the Tower and elsewhere. A lleport is made in the Commons on the lleturns for Sand- wich, &c. The Bo 'ough standeth of a IMayor, .Jurates and Commons. 13y an order of Lord Cobham, Warden, confirmed by the Lords of the Counsel, the Mayor and Jurates only are to make Elections. The Commons are thus debarred from giving their voices, with threats and imprisonment. Sir Robert; Hatton is chosen by the Mayor and Jurates. Sir Edward Sands by all. The Election of Sir llobert Hatton is held to be void by the Committee and a new Writ ordered, but Ibrbornefor the present. In the case of Westminster, the question is, whether the election is void, because no Indentures are made between the Sheriff and Electors, but between them and the Eailiff. Sir Edivard Coke. Consuetudo optima Interpres Legum. The Election is clearly good. If the Eailiff of Westminster hath ever done it sithence the Statute, not to alter it. Carried by 108 to 155. P. M. Ordered, That the Sergeant-at-Arms go to the Upper House, and charge all Members of this House that are there, to repair instantly to this House, to attend the Speaker into the Upper Plouse, upon penalty of censure of the House. March 23. The Lords' Committee lleports on Precedents. In the Commons, Sir Thomas Wentworth having sent to the Hi"h Constable of York to desire the Freeholders to be at Yorke to "give their voices for Sir G. Y. and Sir T. W., " if they thought fit." The Constables omit this Clause, and only " will and require them" to do so, as was " the use." 51 278 JAMES I. 1621. They acknowledge their offence, kneeling at the Bar. A. R. March 24. It being Coronation Day, the INIembers go ^^. to the Abbey, at Nine, a. m., to hear a Sermon, and no Com- Scotiae mittees sit. March 2C. The King attends the House of Lords and makes a Speech, for which he is most humbly thanked by both Houses. It is Ordered, "That in respect of His ^lajesty's most graci- ous Speech, this day shall be yearly a Sermon Day throughout all England, esjiecially at Westminster, aud all the Lords in Town shall resort to it." ^ Ordered., farther, that in all future Parliaments, the Lords shall sit in their Kobes on the 20th of March, " in perpetuam rei memoriam." (a) In the Cojnmons, Sir Edward Sands, moveth for Pomfret, which in Edward I., and after, sent Burgesses. It afterwards decayed by the Wars. The King, 4 Jac, granted them a Charter, with llestitiition of all their Liberties and Privileges. It is committed to the Committee for Privileges. A Committee is appointed to enlarge the House, and keep out the Sun. P. M. The Lords being ready to give judgment against IVfr. G. Mompesson, send to say, if this House will come up and de- mand Judgment, or come up and hear it, they leave to the con- sideration of the House. Mr. Hakwyll. The Precedents are, the Commons sometimes have demanded it ; and, in some cases, when the Lords have given part of their Judgment, the Commons have required a Supply, as 50 Edward IlL, &c. At all Judgments, at the prayer of the Commons, the Commons are present. Sir Edvmrd Coke. AVhex'e the Commons complain to the Lords, they judge it, and the Commons are present. Therefore, JNIr. Speaker is to go up now, and say to them, that sithence the Lords have taken into consideration Sir G. !M.'s Case, &c. The Sj)eaker, with all the House, goes up to the Lords, and demands Judgment, which is pronounced by the Chief Justice, Speaker of the Lords' House. March 27- In the Lords, Ordered, " The Records of this Par- liament to be entered and enrolled, the Journal Book to be engrossed in Parchment, the Acts, Judgments and Standing Orders to be enrolled and kept in Parchment." Ordered. A Collection of Money to be made by their Lord- ships, to be distributed to the Gentlemen, who, at great pains, have searched the Records and taken Notes ; the said Notes and Precedents to be engrossed in Parchment and kept. A Report is made in the CoiiDnons, from the Committee of Privileges, that Pomt'ret, 2(j Edvvard I., sent Burgesses, and long after. By the Barons' Wars it grew poor, and, iO and 11 Henry VI., returned they could not send Burgesses, by reason of Poverty ; That 4 Jac, the King restored their former Liberties and Customs, &c. The Committee think a \\'rit should go forth. Ilchester sent till Henry V. Upon Question, Resolved, that both are to send. Sir Edii-ard Coke reporteth, from a Conference with the Lords, the King's Sjjecch to them. " That the Commons' House had shewn in this Parliament more respect and duty to him than any before." That the King spake pleasantly and pleasingly, " that the {n) For this Speech, sec Rushworth I. 24. JAMES I. 279 Parliament had bribed his son, he was so forward in furthering 1G21. all Parliamentary Businesses." a. r. ]\[r. Si'crctari/ says, " This is the happiest Parliament hitherto." 19 Both Houses adjourn to Tuesday, 17th of April. Scotiic April \'}. {Taesditij.) The Parliament again assembles. ^* April 18. The SherilF of Hindon having directed his Precept to the Burgesses, not to the BailitF, Sir J. 13avys and Mr. Antyll are elected. A second Precept is directed to the Bailiff of Dounton. All, but one, elect the former. Sir Edward Ludlow, with some other Out-dwellers and that one, elect Sir P^dward Ludlow. Three are chosen by several Indentures, and are re- turned. Sir J. Davys, on a double return, chooses another place. It is Resolved, that the Election of JMr. Antyll is good, and a new Writ ordered in Sir J. Davys' room. April 24. The King again addresses both Houses. Motion is made in the Lords, "That a great Cause is to be heard in the Star Chamber To-morrow." The Lords are contented not to sit, provided it be not drawn into a Precedent, but that this House, being the Supreme Court, may sit upon any Star Chamber day, notwithstanding the ab- sence of such Lords as do use to attend that Court. P. M. The Ijord Chancellor Bacon sends his Submission (Francis St. Albon, Chancellor). Agreed. This Submission does not give Satisfaction. The Commons expel from their House Sir John Bennet, Knight, .Judge of the Prerogative Court of Canterbury, for divers exor- bitant Oppressions and Bribery. April 2(J. Ordered, in the Lords, "This House will receive no Petition, unless exhibited b}' the Party himself, or commended from the House of Connnons." Sir Henry Fynes, Gentleman of the King's Privy Chamber, being arrested. Privilege is claimed for him. Ordered, a Writ of Summons for the now Earl of Hertford, his Father being dead. Ordered, The House to sit To-morrow, though a Star Chamber Day. The Bill for the Country Palatine of Durham, to have Knights, Citizens, and liurgesses, passes the Commons. A Motion is nrade on Ireland. Sir W. Jephson. The late Rebellion was caused by defects in the Government. Ireland is ready to throw off the yoke of England, and has as just cause as ever. There is a general de- fection to Popery. Religion is the best tie to Princes. Wrong, Robbery, and Oppression, are in the Guides and Lights there. Serjeant Davys, Ireland is a Member of England. A greater Reform has been there sithence the thing's time, than ever since the Conquest. We cannot make an Act of Parliament to bind Ireland. Sir Edward Coke. The Cause is weighty, our Proceedings must be wary. " An licet, an convenit," are the two main parts of all Consultations. Ireland was never totally reduced till the King's time. If Ireland, our back door, be not safe, we may be undone. Every Parliament has received Petitions of Grievances from Ireland. She is a Member of England. The Laws are like ours. A Writ of Error from Ireland into the Court of King's Bench there. A Parliament has been there sithence Poyning's Law, 10 Hen. 7. A Committee on Ireland is appointed. 54 280 JAMES I. 1621. April 30. The Lord Chancellor, by Letter, informs the A. R. House, he had received this "morning, their Lordship's Order for '9. a Writ of Svimmons to the new Earl of Hertford, but, on Thurs- ^^1'* ^^y "'^h^- received an Absolute Commandment, under H is Majesty's Royal Signature, to stay the Writ until Ills Majesty's further i/leasiire therein ; with a Clause, warranting hirn to give knowledge of this His Majesty's Commandment, if such a Writ were required. The F.arl of Montgomery and Lord Cromwell claim Privilege for their Servants. In the fpper House, the Prince of Wales reports "that, according to their requests, lie with certain Lords, had moved His ]\Iajesty to sequester the Great Seal from the Lord Chan- cellor, &c ;" to which the King consents. In the Commons, Sir Edicard Sands states the danger of Ire- land, chiefly from the state of Ileligion abroad, which is dispersed into six parts of Christendom. Half of it almost is gotten away, viz., the Alps, Bohemia with its iMembers and the Palatinate. Ireland, for Ileligion, is in the uttermost extremity of ruin. In many places is scarce one Protestant, for one hundred that were before. Sir F. Seymonr moves to petition the King, that we may ex- amine and inform him of the misdemeanors in the state of Ireland. Mat/ 1. (Tnesdai/.) Sir Edivard Sands moves for an order, that whenever it shall hereafter appear that the King is mis- informed of our proceedings, the Speaker, as mouth of the House, may inform him of it. Mr. A/ford is sorry the King should thus be daily informed of our consultations. Moves that the King may be intreated not thus often to interpose, which endangers the liberties of the House. Sir H. Poole moves a Petition to the King that he will censure those who thus misinform him. As to the creation of Baronets, he acknowledges the King's absolute power in disposing Honour. There was never hereditary Honour established among; the Commons before. May 2. The Chief Justice is, by Commission, appointed Speaker of the Lords. The King, by the Chancellor of Exchequer, sends the following Queries. First, whether this House hath power and to what extent, to examine and punish offences, not of Members of the House, on general grievances. Secondly, whether it may cen- sure a denying party without accusation upon oath. The King has been told that we are a Court of Ilecord, and have power to judge of ourselves in some cases, and in others, jointly with the Lords. The King desireth Precedents to wan-ant this and that a Paper be read here containing a Ilecord, 1 Hen. 4. Mr. Noye. No doubt in some cases this House may give judgment in matters of Returns and Members falling out, in view, in Parliament time, but for foreign business knoweth not how we can judge it. Knoweth not but the matter of Judica- ture remaineth above with the Lords. Knoweth not if we have used to give judgment except as above. Sir H. Poole, would be glad, if it could be made good that the Commons may judge of themselves. If once we were all one with the Lords, being now parted, our power of Judicature re- maineth. JAMES I. 281 Sir Edward Coke. There is no question but this is a House of 1C21. Record, and liath power of Judicature in some cases. We have *• «• power to judge of Returns and -Members. We make a War- ^^. rant to tlie Great Seal and have tiierefore a power of Record. Scotiae We may put a Member out of the House upon Record. One, **' no jNIember, otfending out of the Parliament, when he came hither and justified it, was censured for it. The King's Bench, nor any other Court, can judge in all cases. This Record of 1 Hen. 4, is but an Ordinance, no Statute. The power we had before, remaineth still, being not taken away by Act of Parlia- ment. In this case, an Ordinance bindeth us not. " Coram Magnatibus et Communitate." When the Lords will have our advice, we may join with them, as appeareth by this Record. The Lords may judge alone without the King, and it standeth with this Record. It is as hath been used, by the very words. When the King is there, then they join ; else, alone. Mr. Crew. No Question this is a Court of Record, and hath power to give an Oath, though we forbear in respect of want of use ; we may punish when the House is wronged. May 3. Tiie Knights, Citizens and Burgesses humbly demand judgment against the Lord Chancellor Bacon, which is given accordingly. 3Tay A. The Bishop of Rochester claims Privilege. The Commons having before taken proceedings against Edward Floyde (Lloyd), for scandalizing the Queen of Bohemia, the King's eldest daughter, having examined witnesses, given judgment and entered it as an act of their own, the Lords think it "trencheth deeply into their Privileges, for that all judg- ments do properly and only belong unto the Lords." Mr. Secretary informs the House, the King had commanded him to let them know his care about Floyde ; he gives his thanks to the House for their love of him and his Children, will give order for him to be examined by the Lords upon oath, and leaveth it to the judgment of the House, whether to insist farther upon their right of judging this business here, or go to the Lords, as in all other business of this Session. Sir H. Withrington thinketh not but we have power to give an oath, and as to Precedents, every Pi-ecedent had a beginning. Sir Thomas Wentworlh. The Judgment was rightl}' given. Execution may be stayed by the King, as in Judgments by the Lords. Sir Edward Coke. Judgment is not to be stayed for the Great Seal. Yet where Felony or Treason is, the King may stay the Proceeding. This Judgment is given for the King. Any man can stay his own Suit. The Judgment is not to be questioned. Ever}' man, though absent, is involved in it, as his own Judg- ment, though he is of a contrary opinion. It is already entered. As the only Part3% the King may stay the Execution. In Indictments, it is otherwise. A Committee is named to set down the Judgment in writing. May 5. The Lords Resolve " not to sutler any thing to pass which might prejudice their Right in this point of Judicature, and yet so to proceed as the love and good correspondency between both Houses may be continued." They send a INIessage in writing to the Commons, and a Conference is appointed for the Afternoon. Air. Serjeant Crew having opened the Precedent of the Parliament, 1 Hen. 4, sheweth that the Commons are not Judges in Parliament, but that Judicature belongs unto the o o 54 282 JAMES I. 1621. Lords. The whole House goes into Committee in the Painted A. R. Chamber. '9. On return, it is A greed, the Judges and King'sCounsel shall con- Scohse sider of what the Commons alleged for their right of Judicature. In the Commons, upon Debate, Sir George Moore says, As a Court of Record, we have Conusance of this Cause. We may judge it without Oath, as in divers other Cases. Dr. Gooch. This House may give Oath, though not necessary in every Judgment. First, vve may proceed by Oath, as in- cident to every Court of Record. There is no Precedent to the contrary. Secondly, it is not necessary to give Oath where the thing is notoriously known or confessed. Where " coram non Judice" it is void ; where it is unjust, yet it is good, till re- versed. So here still good. Thirdly, we have proceeded here bv Oath, the gi'eatest Oaths of the witnesses that could be. Tendering the Book is not necessary. There is no exception from want of Solemnity, where there is a Sovereign Court as this, from which is no Appeal. Mr. Hackivill. This Judgment is justum et juste. First, this is a Court of Record. It was confessed by the King in the first Session of Parliament, and by Statute, G Flen. 8. Secondly, it is a consequent and incident to a Court of Record to give an Oath. What we have done is equivalent to an Oath. Any man here shall speak upon his Allegiance, and, if falsely, we send him to the Tower and fine him. May!. The Lords having considered the Precedents, find they tend to prove ; (1) That the House of Commons is a Court of Record. (2) That they have ministered an Oath in matters concern- ing themselves. (3) That they have inflicted Punishinents on Delinquents, where the cause hath concerned a INIember of their House, or the Privileges thereof. The Question now is, whether that House may proceed to sentence a man, not a Membei% for a matter which concerns not that House, for which the Commons allege no Proofs, nor produce any Precedents. Their Lordships Agree, to shew, at a Conference, that the House of Commons has no Power of Judicature, nor Coercion, against any, but in matters concerning that House, May 8. In the Lords, the Speaker had received a Writ of Error (as Lord Chief Justice^ to reverse in Parliament a Judgment given in the King's Bench. The order is, the Lord Chief Justice of the King's Bench is to bring in the Record. He moves, whether it be the pleasure of that House, that He or one of the Judges do fetch and bring it in. Ordered. The Lords' Sub-Committees of Orders and Customs to consider, and set down the Form on Saturday. P. ]\I. The Lords Agree, That the Sub-Committees which are to meet the Commons, do not yield. That this Judicature which the Commons have done, may, in time to come, be a Pre- cedent to wrong the Privileges of this House. On the proposed Conference, Mr. Glanvyle, in the Commons, sa.ys. The House will suffer nothing, by yielding to the Lords that we shall not hereafter make use of this Precedent to strengthen our own Privileges. Mr. Solicitor. It can do no harm to this House to agree that no use of this Precedent shall hereafter be made, for increasing our power, or abridging the Lords. JAMES I. 283 May 9. On Question of a quarrel, in the House, between 1621. two Members, Sir E. Sands would admit no testimony of any a. a not of the House, without oath, whereof, no question, we have ^^^^^^ i)Ower. 54, Mr. Recorder. No doubt we may give an Oath now, yet no need, because the witnesses are Judges and not to be sworn ; not fitting now. Mr. Solicitor. No doubt we have power to give an Oath, yet not convenient, except special cause. 3rr. Crew. An Oatii is as incident to us as a Court of Record, as a Court Baron is to a IManor. Precedents are for it. Yet it is to be considered how now to use it. Mr. Wentworth. Mr. Justice Crooke in his Report, says, the Commons' House may take a Recognizance as well as the Upper House. Upon Question, " Mr. Coke for his contempt of the House in striking a Parliament man is to be sent to the Tower during the pleasure of the House," and kneeling at the Bar, he receives his judgment from Rlr. Speaker. il'/oy 12. The Lords having urged that the Commons are not Judges in Parliament, but that Judicature belongs to the King and Lords alone. The Commons allege their Right of Judicature. It is answered, the Question is not whether that House has a Right of Judicature in matters concerning themselves, but whether they may proceed to sentence any man not a Member of that House, and for a matter which does not concern them. The Lords determine, " That the House of Commons has no power of Judicature, no Coercion against any, but in matters concerning their own House. Sir Edward Coke reports from a Sub-Committee on the Con- ference respecting Floyde. They recommend a Protestation to_ be entered in the House of Lords, by consent of the House of Commons, "That the Proceeding lately passed in that House against Flovde, be not at any time hereafter drawn or used as a Precedent, to the enlarging or diminishing of the lawful Rights or Privileges of either" House, but that these shall re- main in the self same state and j)light as before. May 13. A Report on the Conference is made to the Lords. " The Commons out of their zeal, sentenced "Floud," but leave him to the Lords, with hope that this House will censure him also." A Protestation concerning the Commons' Judicature is made, by consent of the Commons' House. On view of the Precedents 22 Edw. 3, it is Ordered, " The Lord Chief Justice, on Monday next, to bring in the Record, mentioned in the Writ of Error directed to him." The Lord Steward and Lord JNIordaunt claim Privilege. May 14. The Lords give allowance to what the Sub-Com- mittee propounded. The Protestation is ordered to be entered as in the writing brought under the hand of the Clerk of the Higher House. May ](j. The Lords pass Judgment on Sir H. Yelverton, and the Commons accuse the Bishop of LandafF. May 18. The Earl of Northumberland petitions for his Writ of Summons. It is Ordered, to be made and sent. The Earl of Hertford also petitions. Ordered, to learn His Majesty's pleasure. In the Commons, a Report is brought from the Commons' 284 JAMES I. 1621. Committee of Privileges, "They of Pembroke stood upon it •A- "• they only had right and the Out-Boroughs none. The Out- ^^ Boroughs had been refused their voice. The Choice by Pem- 64 broke was held void. Hertford Borough desireth Burgesses having had heretofore. Also three Boroughs in Com. Bucks, Wendover, Amerdham and Marlow. (All" four are allowed, 4 May, 22 Jac.) On account of Whitsuntide, both Houses adjourn to Thurs- day, 24th. _ May 24. Restitution in Blood is made to Carew Raleigh, son of Sir Walter IJaleigh, late attainted of High Treason. His Majesty, by Message, is well pleased, that a writ be sent to the Earl of Hertford, so as the Earl do take his Place accord- ing to the new Creation of that Earldom, and not otherwise. 3Iai/ 26. The Lords sentence " Floud." Ordered, That, hereafter, no Gentleman shall be whipped, but in case where he shall abuse the Persons of the King, Queen, or their Issue, with base and unfit Terms. May 28. Privilege is claimed in the Lords, for a Yeoman of His Majesty's Guard. His iAJajesty, by Message, thinks fit to adjourn the Parlia- ment, for these Reasons : (1) The Season of the 3'ear, which by this great concourse of People, may cause Infection. (2) The use this time may have of Lieutenants of Shires and Justices, in the Country. (3) Because the Courts of Westminster have not had their Ordinary Proceedings this Session. (4) liecause the Profits of His Majesty's Revenue are, as it were, at a Stand. (5) The Omission of State. The Reasons wh}^ he will adjourn, rather than prorogue: (1) The Adjournment keejjs a kind of Being in the Parlia- ment. (2) "Whereas many good Bills are preferred and not passed, the Adjournment reserves them in the same state they now are. (3) It will keep many Laws in continuance, which will end with a Session, without a Special Proviso for the same. (4) His Majesty's free and general Pardon is not yet pre- pared, which His Majesty intends to the better sort of People, as well as to the meanest. (5) Being there are so many Bills exhibited. His Majesty cannot, in so short a time, apply his mind to advise, which to accept and which to refuse. His ^lajesty proposeth to reform divers Grievances, and ap- points Sunday next in the Afternoon to hear any thing concern- ing them. On JMonday, His IMajesty will send a Commissioner for adjournment. The Commons Resolve to request a Conference on this IMessage, May 29. The Commons, at the Conference, pray for a Peti- tion to His IMajesty for the continuance of the Parliament. The King, by INIessnge to the liOrds, considers it a Derogation of his l^rerogative to call, adjourn and determine Parliaments; and, of favour, he had made election rather to adjourn than prorogue. His JNIajcsty advises a select niuuber of Bills to be chosen, which he may pass, and either make a Session or Adjourn- ment at his pleasure, whereon His Majesty will advise with the JAMES I. 285 Judges, whether the Koyal Assent, by Commission, unto some 1621. Bills will put an end to a Session, or be but an Adjournment, a.r. His Majesty determines to hold Monday for Adjournment or 19. Prorogation. Scotiae Sir Edward Coke, in the Conjinoiis, reports from the Confer- ^* ence, that he hath satisfied the Lords in the difference between a Prorogation and Adjournment: That the King's Royal Assent to one or ten JJiils niaketh not the end of a Session, but the Signification of the King's pleasui'e to prorogue it: That the Parliament hath now sitten long and brought things to great perfection : That the Country People are not capable of dis- tinguishing between a Prorogation and Adjournment ; That he had rather give a double, treble, or quadruple Subsidy than break off now. Sir Edumrd JMontagiie obtains leave to speak twice. Same day, (P. M.) A Report is made in the Commons, from the Conference. The jNIaster of the Rolls is sent to acquaint the Lords, that the Committee are returned with grief from the Conference, and they are not now fit to send an Answer, but will To- morrow. May 30. Ordered in the Lords, " Hereafter, when any Censure beyond Imprisonment is agreed on, Judgment thereupon shall not be given at any time, but another day or sitting be taken, to consider thereof" In the Commons, Mr, Solicitor recommends not to refuse to do what we may, though we cannot do what we would. The times of beginning and ending Parliaments are in the King's power; we can deal only by Petition. An adjournment may be, yet with passing Bills. If any doubt, a Bili will help it. The Lords agi'ee to a free Conference. May 31. A Bill is read three times in the Lords and passes, " That this Parliament shall not determine by the King's Royal Assent to some Special Acts." The Report from the Conference expresses the lively sense and sorrow of the Commons' House on the Adjournment. On Motion, That the Judges do distinguish between the adjournment of Parliament by the King, and that by the Houses, the Attorney-General shews many Precedents, which are ordered to be read To-morrow. In the Commons, Sir Edward Coke (on the Adjournment) never heard of any end of a Session, but the Statutes of Con- tinuance and Repeal passed, and a Pardon, if a Subsidy. Sir II. Poole. There is no question now, but we may adjourn ourselves. This was doubted till Sir- Edward Hobby brought a Precedent of Queen Mary's time. Likely before to be done by the Queen, 27 j;iiz. A Commission for Adjournment is read first in the Upper House, and then sent down to this, by some Judges and the Master of the Rolls, and after they were gone, the House adjourned itself. A Committee was appointed to consider of the Laws made during that Session. The Parlia- ment still continueth upon an Adjournment, therefore we and our Servants are privileged from arrests and the Wages of Knights and Burgesses continue. A Special Act passed the Royal Assent, 11 Rich. 2, but with a saving, that the pass- ing it should be the end of a Session. When the King giveth his Royal Assent to any Bill, 33 Hen. 8, that niaketh it a Session, therefore in the Act for the execution of Queen Kath- 286 JAMES I. 1621. erine, there was a Special Provision in the Bill. In Queen A. R. Mary's time, an end of a Session was made on purpose for the 19. passing of a Bill, and they began another within three days cA* after. The difference is, when a Bill passeth the Royal Assent, and yet the House sitteth after, there is no end of a Session, Contra, where the Eoyal Assent is at the end, and the House sitteth not. Sir E. Coke. Regularl}^, every Court is to adjourn itself. To consider, therefore, whether the Commission be to Commis- sioners only to adjourn, or to Commissioners and the . To confer on this with the Lords, as a matter of great weight to the House. Sir Sam. Sands. The King having propounded an Adjourn- ment, that is fittest. There is danger else of the Bill of Con- tinuance and llepeal of Statutes. There is no great use of the end of a Session. The Adjournment to be made severally by the Houses. The Commissions are but declaratory of the King's pleasure. Mr. Secretary to view the Commission, 27 Elizabeth, whether it be only declaratory or absolute to adjourn it. Mr. Attorney-General and Sir W. Byrd bring from the Lords a Bill, that this Session shall not determine by his Majesty's Koyal Assent to some Bills. In the Conference, the Commons give many reasons to have an Adjournment without the Royal Assent, and desire that the Parliament might be so adjourned, that each House may have power to accommodate business against the next Access. A Bill is read a third time and assented to, but does not now pass into a Law, " That the County Palatine of Durham shall have Knights, Citizens, and Burgesses, to serve in the Commons' House of Parliament." June 1. (^Friday.) In the Lords' House, the Attorney- General shews the difference between an Adjournment and Prorogation ; and that the word " Prorogare" is often times used for " Adjournare," but the latter word never for the former. A Parliament being adjourned by the House, all Committees are still offeree, and Bills remain in statu quo prius; but an Ad- journment, by Commission from the King, determines all Com- mittees, and they cease till the next sitting of the Court ; but the Bills are preserved in statu quo prius. In the Commons, it is moved. That all our Privileges are to remain during this Adjournment. Sir E. Coke. This being but an Adjournment, Privilege is clear, both for Members and Servants. It is Ordered, upon Question, That if any Arrest or Breach of Privilege occur, a Letter shall issue, under Mr. Speaker's hand, for the Party's relief, as if the Parliament was sitting. Mr. Noye. There is no difference between an Acijournment for a long or a short time. An Adjournment is but an Entry of a Continuance, a Prorogation an End of a Session. If the King adjourn solely, the Parliament will be dissolved, because it is put to a day by matter of Record. Then, we cannot come to- gether without the King's pleasure, signified again, and, thus, many Statutes will fall to the ground. The terms Prorogare, Adjournare, make no difference in point of Law, but the enter- ing of it u})ou Record. Mr. Ilackivill remembereth the Precedent, 27 Eliz. A Com- mittee was appointed in interim. The Commissions were to six at least, yet the Lord Chancellor alone adjourned it. Adjornavit, JAMES I. 287 Continuavit, Proi-ogavit, are used in the Lords' Journals pro- 1621. miscue. At every end of a Session, the Lords, Commons, and a,r. King, in person, or by Commission, must be present foraju-^^. dicial Act. We were not present at the Adjournment in the ^1'* Higher House, 27 Eliz. °* Sir E. Coke. When Bills have passed both Houses, the King's Royal Assent is not to be given, but, either by Commission, or in Person, in presence of both Houses. June 2. According to the Order of the House (May 31), the Bishop of LandafF is admonished, in Convocation, by the Arch- bishop of Canterbury. The King comes to the House of Lords, (the Lords being in their Robes,) and makes a Speech, giving them thanks for ac- knowledgment of the King's power to call, adjourn, and to dis- solve Parliaments, and not for joining with the Commons in a Petition against an Adjournment. He had taken a Royal course, and all the Judges unanimously resolved, the course of Adjourn- ment propounded, was no discontinuance of any thing done in this Parliament. He gave much longer warning than any of his Predecessors had done, to the end that the most material Bills might be expedited, and had the Commons made a humble an- swer to him on the Adjournment, he would have granted them ten days longer, but now he will not yield to their request. Yet, it" the Lords think that Eight or Ten days more will expedite their Bills, he will grant it. After a Conference with the Commons, the Lords humbly be- seech his INIajesty to enlarge his offer to that day Fortnight, which the King grants, with the Caution, "That it be under- stood to be his own free offer to give this Election to the People, either to have an Adjournment, or a longer tiine to pass some Bills, and so to make a Session." P. M. Report is made in the Lords from a Conference, " The Commons humbly desire it would please his Majesty to adjourn the Parliament, the form of which tley leave to his IVIajesty." The Lords appoint a Committee to attend the King, and re- port this election of an adjournment on Monday, rather than a continuance of fourteen days, and then the end of a Session, with their Reasons. The House entreats the Prince, that his Highness will present the Thanks of both Houses unto the King's Majesty, for their election of an Adjournment or Prorogation. The Commons humbly request. That he whom the Lords shall appoint to be Speaker unto the King for them, may also be Speaker of the Commons. Motion is made that the Lords' Followers may enjoy their Privileges during this time of Session. The Judges are ordered to advise, and deliver their opinions on IMonday. Jime 4. The Archbishop of Canterbury reports from attend- ance on His Majesty. He had made known the election. &c. The Lords adopt certain Rules upon Petitions. The Judges deliver their opinions touching the Privileges of the House of Lords during the Session of Parliament, and be- cause it had not happened to their knowledge, that ever the House was adjourned for so long a time as now it was intended to be, they could not satisfy their Lordships of any Precedent for the continuance of their Privileges during all the time of this long vacation." Whereupon, their Lordships de- liver their opinions, " That the Lords do know that the Privi- 288 JAMES I. 1631. A. R. 19 Scotia 54 ScotisB 55 leffes of themselves, their Servants, and Followers, do continue, notwithstanding the adjournment of Parliament, and do adjudge the same to be observed in all points accordingly." His Royal Highness, the Prince, produces to the Lords the King's Commission for the Adjournment. The Loi'd Cliief Baron, with other Judges, delivers this Mes- sage to the Commons, " That it is his Majesty's Pleasure to adjourn the Parliament to the 14th of November, and that all Committees, Matters, and Business of Parliament, shall rest in the state as the}^ now are, until the next Meeting. In the Commons, Sir Edivard Coke, standing up, desires the House to say after him, and recites the Collect for the King and his Children, with some alteration. The Speaker then adjourns the House to the 14th of November next, in this place. His Majesty's Commission for Prorogation to I4th Novem- ber is read. JVovember 14. {Wednesday.) Writs were issued as usual, to the Prince of Wales, the liord Treasurer, the Lord President, the Keeper of the Privy Seal, the High Admii'al, the IMarquis of Winchester, .'13 Karls, 8 Viscounts, 47 Barons. (6) Mr. Speaker, with about 200 Members, appears in the Com- mons' House. By a Proclamation, the Parliament had been farther adjourn- ed to the 8th of February, but by a Second Proclamation, is to meet on urgent and important occasions on Tuesday, the 20th November. After Prayers, the Houses are adjourned, by Commission, to this day. A Motion, in the Commons, for three new Writs, is generally refused, this being only a day of Adjournment. Nov. 20. The Parliament re-assembles. The Viscounts Colchester and Bochford, and the Lords Brooke, Montague and Cranfield are introduced, by Patent, and take the Oath of Allegiance. Mr. Speaker attends the Commons at 9 o'clock. Prayers are read in the usual Manner, first by the Clerk, afterwards by the Speaker. The State of business and Committees, is considered. Nov. 21. His Majesty being indisposed, the I>ord Keeper, Lord Treasurer, and Lord Digby are appointed to deliver the King's pleasure to both Houses. In the Commons, an Act is read once, " For the Election of Knights, Citizens and Burgesses to serve in Parliament." U])on a Question, in the Commons, reiaXmg to Sir. J. Vaughan, made a Viscount of Ireland, Sir Edward Coke says, Sithence temp. Edw. 3, they have had Parliaments in Ireland. Before, and not sithence, they were bound by our Parliaments. If the King, by his Great Seal of Eng- land, make one a Baron of Dubleyne, he is by that, a Baron of England. Viscount Falkland was created under the Seal of Scotland. If Sir J. Vaughan is made Viscount, by the Seal of Ireland, he is a Baron there and none here. He is to be tried here as a Knight, and by twelve men, not " per Pares." In that case, would have him serve here. (6) Dugdale. Pari. Hist. V. 310-471. By Statute, 25 Charles 2, c. 9, the County of Durham is enabled to send two Mem- bers, and the City two. The Election for the County, to be as in other Counties. Tlie Election for the City, by the major part of the Mayor, Aldermen, and Freemen, present at such Election. JAMES I. 289 Sir II. Poole would have him and Viscount Falkland serve. 1621. A. R. 65 It is Resolved, to respite it. Nov. 2G. Lord Stafford complains of divers Forgeries of his '9. Hand, to Protections. '**=^^'* The Bishop of Lincoln, as Lord Keeper, and three other Bishops take the Oath. The Lo7-ds hear Complaints and redress Matters of Privi- lege. The Lord Treasurer having stated that his INfajesty requii'ed a great and speed}' Supply, the Commons defer the Question to the consideration of Grievances and draw up a long llemon- strance against Popery in general. The King having a Copy of the same before the House had sent it, writes a Letter for- bidding the presentment of the same. Upon which, they send a Second Remonstrance, which the King answers, but is advised by the Lord Keej)er, 'Williams, to soften his answer. For said the letter, " His Majesty rightly infers that these Privileges which they claim to be their natural Birth-rights are but the Favours of former Kings. For where were the Commons before Henry I. (?) gave them Authority to meet in Parliament, &c. ?" The King, finding the House of Commons has given over all business, writes again to the Speaker and to Secretary Calvert, to take off the edge of his "Sharp Expressions." Nov. 27. Sentence is passed on the Forgers, to stand in the Pillory, &c. Nov. 28. In the Lords, the Lord Gerrarde claims Privilege for his Servants. A Message is received fi-om the Commons : " They are in such readiness with their Bills, they desire a Session before Christmas." In the Commons, on the Second Reading of the Bill for Election of Knights, &c.. Sir George Moore moves, " That no IXIember of this House shall, during Parliament, be elected Sheriff." Sir II. Poole wishes provision against Letters, Solicitations, &c., for choosing Knights. By some Boroughs, Blanks are delivered, to put in what Bui'gess they will, to whom delivered. Men should not stand to be Knights ; but they should be chosen whom the County chooseth of itself, not they that desire it. This competition bringeth a great Charge. Sir Edward Coke would commit the Bill. It should not be clogged too nuich, for it will breed too many Questions here- after. He is against a certainty of £100 per annum, for a Knight of the Shire. That is certainly the way to make him £100 in Subsidy. Mr. Weston would have no Knights or Burgesses chosen under 21 years of age. He is unfit to make Laws who cannot dispose of his own Estate. The Bill is Committed. Nov. 30. In the Lords, the Judges give their opinion, " That in all Cases the Lords are to be sued by their Peers, unless they be excepted by particular Words." A Committee " for consideration of the Customs and Orders of the Lords' House and the Privileges of the Peers of the King- dom, or Lords of Parliament, with warrant to search for the said Privileges among the Records," having dejnited ftlr. John Selden for the said Search, wherein much pains had been taken, at gi-eat cost, and Copies of the Records be3n fair written in a pp 55 290 JAMES I. 1621. Book, and presented to their Lordships : such Book was left in A-n. the hands of Mr. John Selden at the last Recess, to be presented ^^. again at the Access, but was taken from him in a Search amongst °i'* 'I'S Papers, by His IVIajesty's Command, for Matters of State. The same Book having been restored and reviewed, many of the said Papers are found to be IXlissing. Ordered. The Sub-Committee of Privileges to have the same Authority to appoint Mr. Selden and others, to search and transcribe the Records, and to supply the defects of the said Eook. Dec. 1. {Saturday.') Resolved, by Order of the Lords' House, " A Bill cannot be re-committed after the Third Reading." Dec. 3. Proceedings are taken against tvvo, who had counter- feited Lord Rochford's hand and seal. In the Commons, a Subposna served on a Member is declared a breach of Privilege, and the Server is committed to the Serjeant for 3 days. Dec. 4. The Speaker reads a Letter from His Majesty, and the Commons debate four days on a Petition to His Majesty, "who is misled and misinformed." Dec. 12. Five Lords have claimed Privilege for their Servants. Mr. Secretary, from the King, commands the Commons to proceed with Bills and prepare to make an end of the Session before Christmas. Ordered. A Committee of the whole House to consider the Message, To-morrow. Dec. 14. In the Lords. Report is made touching the Freedom belonging to the Lords' Servants in time of Parliament. Agreed. If Complaint hereafter be made, the Party com- plained of shall not be sent for unless the Complainant put in Security to pay the Costs, if he proves not his Allegation. Agreed. No Motion to be entered as an Order, unless the Lord Keeper do first demand the opinion of the Court, whether the same shall be allowed or no, and then the same be set down as an Order and Read. Mr. Chancellor delivers a Message from the King, appointing Saturday se'nnight for the rising of the House, and in the mean time giving time to prepai'e Bills, He especially commandeth the Bill for continuance of Statutes. The Message is debated, as touching the Liberties of the House, which are affirmed to be but by toleration and per- mission. Ordered. A Committee of the whole House to consider of all things incident to or concerning the Privileges of the House. Dec. 15. The liOrd Archbishop of Canterbiu-y presents to the Lords a Book, being a Collection of the Privileges belong- ing to the Baronage of this Kingdom, &c., to be kept here as Memorials whereunto men may resort, as occasion may require, and make use thereof. Ordered, On Monday, a Committee of the whole House, and all the Judges in Town, to consider, " Whether a Nobleman shall Answer upon his Oath (as others) or only Protest upon his Honour," (the Lord Willoughby being pressed to answer upon oath in the Court of Wards.) Ordered. The Book of Privileges to be delivei'ed to the Lord Haughton, to see the same bountl, &c. Dec. 17. Two Earls claim Privilege for their Servants. JAMES I. 291 every Saturday Afternoon. 1C21. In the ComtiwJis, a Letter from His ]\fajesty to Jlr. Secretary, a. r. is twice read b}' the Speaker and ordered to be entered. 19_ Sir E. Coke. The King's Letter is gracious in general for our Scotiae Privileges, but wluit they are in Specie is the Question. ^^ A Debate ensues u]ion Privilege. Dec. liS. In the Commons, Wr. Secretary nioveth, That at a certain hour we proceed to business, whether tlie House be full or not. ]Mr. Speaker readeth a Letter from His Majesty, " The King desireth a Session, not for a Subsidy, but lor a Pardon." Resolved. "Thanks to be given to His Majesty for Ms gracious Letter." P. il/. The Draught of a Protestation concerning the Privi- leges of the House, is presented from the grand Committee. It is Alloived, and Ordered to be entered of Record in the Journals of this House. A Message is brought from the Prince and other Commis- sioners, that they have adjourned theii* House till Feb. 8, by the said Commission. Mr. Speaker. " This House doth adjourn itself from this day and place, till the 8th of February next, in the same place." 1622. Feb. 8. The Parliament is dissolved by Commission, (c) a. a. The Protestation of the Commons, in consideration of their ^^ Privileges, having been made, and recorded in their Journal Book, on the 18th Dec, the King in Council, sends for the Books and erases it with his own Hands, and a Memorial thei'eof is ordered to be entered upon the Council Books. The Kino- also issues a Proclamation with his reason for dissolving the Parliament. Several JMembers of the Commons are committed to Prison, (f/) .got Feb. 12. {Thursday.) A Parliament (IV.) meets at ^- "' Westminster. Scotiae Writs are addressed to Charles, Prince of Wales, &c., to the 57 Duke of Richmond, Steward of the Household, the Lord Treasurer, the President of Council, the Keeper of the Priv^' Seal, the High Admiral, the INIarquis of AVinthester, 'A") Earls, 7 Vis- counts, 47 Barons. (Total, lit); includmg 2 Archbishops and 24 Bishops.) (e) In consequence of the sudden death of the Duke of Rich- mond, a Relative and I-'avorite of the King, the Parliament is adjourned to the 19th, called the First Session ; on which day, the King, according to custom, delivers a long Speech, with the following admonition : — (/) "For matters of Privileges and Liberties and Customs, be not over curious ; I am your own kindly King. Ye never shall find me curious in these things; therefore do what you ought, and no more than your lawful liberties and privileges will per- mit, and ye shall never see me curious to the contrary. I had rather maintain your liberties than alter them in any thing. (c) Rushworth I. 52, places the Adjournment on December 19. Dugdale, 1621. Pari. Hist. V. 476. The Journals of the Lords, contain, as usual, a Note of IJills delivered into the Upper House, in the Parliament, 18 Jac. (rf) Sir Edward Cook. Sir Robert Philips, Mr. Selden, Mr. Pyra, Mr. Mallery, &c., whom the King calls " ill tempered Spirits." Rushworth I 55. (e) Dugdale, 1623. Pari. Hist. VI. 1-343. (/) Rushworth somewhat diBeis in this Speech, I. 115. The Journals give a much fuller Report. 292 JAMES I. 1624. Shew a trust in me, and go on honestly as you ought to do, like A. R. good and faithful subjects; and what you have warrant for, go "' on with, and I Avill not he curious, unless 3'ou give me too much ili'* cause. The next thing is to beware that you take not in hand the maintaining of idle questions among you ; which s])oils good business. liemember, beware of Genealogies, and curious questions as St. Paul speaks; and do you keep to the ground and gravity of the great business for which I called you ; and next, for all other things, that are for the great and good govern- ment of the Kingdom. Let not any stir you up to Law questions, Debates, Quirks, Tricks and Jerks, but continue yourselves in that honest IModesty, whereby you may have my prayers to God for you, anil procure the love of me, and a happy end to this Parliament." The King having ended, the Lord Keeper, John Williams, Bishop of Lincoln, and Dean of Westminster, desires the Com- mons, as usual, to elect a Speaker, lieceivers and Tryers of Petitions are ap))ointed, and the Parliament is adjourned to Saturday, 21st of Feb. [g) Feb. 21. The Commons present Sir Thomas Crew, Knight, Sergeant-at-Ijaw, as Speaker, who makes the usual Protestation and claim for Liberty of Speech and Person, &c., to which the Lord Keeper replies ; and, after reading a Bill, the House adjourns. • Feb. 23. The Lords'" House is called, and Proxies are admit- ted. The Lords desire a Conference with the Commons on the gi-eat business for which the Parliament is called, (the Spanish Match and the Palatine. ) The Conference being agreed on in the Painted Chamber it is removed to Whitehall, "already scaffolded," for better ease and hearing, and the Prince signifies his resolution to assist the Duke of Bucks in his narration. In the Commons, Sir James Perrott moves, " That the Mem- bers of this House, as in the two last Conventions of Parlia- ment, do receive the Holy Sacrament, a sign and symbol of our Unity and Charity." On Election of the Committee for Privileges, the Question is put, whether every man that will come, shall have voice. Resolved, No. The7i, whether the pei-sons denominated, only to be : Resolved, Yea. Feb. 24. It is moved to send to my I^ord Chamberlain to take order that none be admitted to the Conference but Members of that House, and the Serjeant of this House to take like care for Members of this House. Feb. 25. In the Lords, the Duke of Bucks, six Earls, and 4 Barons are introduced by Garter King at Arms. The Lord Keeper gives his lleport on the Duke of Bucking- ham's Negotiations in Spain. In the Commons, Sir JV. Fleehrood moves for three Boroughs in Buckinghamshire. Referred to the Committee of Privileges. It is Ordered upon Question, That all Petitions about Elec- tions and Returns shall be preferred to the Committee of Privi- leges within a fortnight ii-om this day, or else be silenced for this Session. A Committee is named to peruse the Clerk's book of Entries, (g) Tn the Commons' Journals, this Session is twice rcporteii, with some diflciences, which are embodied in the Text. JAMES I. 293 It is Ordered. If any Member of this House have a Servant 1624, that is a Popish Rerusant, or refuses to go to Church and hear -a-R- Divine Service, he shall presently discharge him, under pain of 2*. sequestration; except upon public motion, and special allowance Scotise of the House. Feb. 27. In the Lords'" Committee (of the whole House) the Duke's Statement is made. In the Commons, Sir Edward Coke. " Lex et Consuetudo Par- liament!. " There are four kinds of Proceedings. (1) by Bill. (2) by Judicature. (3) by Petition of Ilight against Abuse. (4) by Petition of Grace. He would have all join in one Peti- tion of Grace to His Majesty not to dissolve the Parliament, Avithout some Cause shewed. Freedom of Speech is the quint- essence of the four Essences. Sed Malus interpres rerum Metus. Ordered, A Committee to consider the Liberties and Privileges of the House. INIr. Chancellor of the Exchequer reports from the Meeting of both Houses at Whitehall. It is Agreed upon Question, by general vote of both Houses, that the Duke is acquitted fi-om all blame, &c. March 2. {Tuesday.) It is Agreed, That a man, after being duly chosen, cannot relinquish. March 3. Sir Edward Coke lays down two Rules for making Reports. (1 j Relatio dicitup plena, quando plena Veritas continetur. (2) Per divisionem, res melius aj)parent. March 4. The Lords Resolve to assist His Majesty in case of a War Avith Spain, &c., and the Commons concur. Marcli 5. In the Commons, a RejJort is made by the Com- mittee of Privileges on Elections. The Sheriff of Cambridgeshire not having made a due Elec- tion, the consequence is considered great to the Commonwealth, as thus, all Sheriffs may return whom they please. The Com- mittee do not think fit to admit Affidavits for judicial proof In this Case are Sixty-Three Affidavits and Certificates. Sir Edward Coke. When he was Speaker, and ever sithence till now of late. Affidavits were not used here. They are sworn only on one side, and drawn by Counsel. Pie moveth, That no Affidavit concerning any Election or Return ma^be accepted here. Mr. SherJJcld. Though we examine not on Oath, our power ■wherein he will not question, yet we may punish any that shall testify untruly. It is Ordered, u-pon Question, " All Affidavits, taken in any Court, concerning Elections, Returns, or any thing depending thereupon, shall be rejected, and not hereafter used." March (i. Both Houses wait on His Majesty at Theobalds, ■with an address advising to break off the Treaties with Spain. March 8. A Committee being appointed on a certain matter, it is Resolved, "■ That all that will come (except those inter- ested) shall have voice therein." March 9. A Bill in the Lords is rejected after the third Read- ing for an imperfection. Lord Montague moves the House to consider, whether it stand with the orders of the House to lay a Bill to sleej), after the third Reading, which may be a dangerous Precedent, and whether their Lordships would not rather send the Bill to the Commons, and signify the Defects, commanding a Supply thereof to be made by them, whei-eof there is a Pre- cedent. 294 JAMES I. J624.. The Bill is referred to the Judges as to the Defects. A. R. The Commons' House divides. Noes, 128; Yeas, 155. ^'. March 10. The Judges Report, It is Agreed, as it is a Pre- Scotise cedent of ill consequence to let a Bill sleep after it has passed ' by vote, to send it to the Commons with a jNIessage. A Debate takes place in the Commons, Two Denizens being returned INIembers. Sir Edward Coke. No Alien denizated can serve in this House. He that is naturalized, is by Act of Parliament, which maketh him a natural Liege man, but the words of the Denizations are, "tanquam Ligeus." We have assent to Naturalizations, not to Denizations. Many, under the age of 21 years, sit here by connivancv, but, if questioned, would be put out. March 1 1 . Privilege is claimed for a Servant of His Majesty. March 12. lleport is made of a Conference and of His Majesty's Speech. Both Houses advise a rupture with Spain. On a Question of Return, the Commons agi'ee, that Chippen- ham, from I Mary, chose only by Baililf and 12 Burgesses, but from ulto. Mar. and 1 Eliz., election was made by Bailiff, Burges- ses, Common Council and Congregation. All Returns till 35 Eliz. were by Ballivus, Burgenses et alii Homines. There are about 30 other Fi-eemen in the Town. (A) iS"*}- F. Seymour reports from the Committee to examine the Clerks' Books, That they found some things they thought not fit to stand. Power is given them to strike out what they think fit. March 13. In the Lords, the Earl of Derby claims Privilege for Sir Edward Osbaldeston, his Servant. March 14. The King replies on the subject of Spain, saying, inter alia: " I told you before this was the way to make me in love with Parliaments, and to shew mine inclination to continue them still, ^ly resolution is to make this a Session for the pass- ing of as many good Laws, as in convenient time may be pre- pared ; and at IMichaelmas, or a few days afterwards, to have a new Session, and another in the Spring. And, in the mean time, you may go down and acquaint yourselves with the Grievances of my People, and you shall see my care to make good Laws, and to reform Abuses ; that so my Subjects may find the good fi'uits of Parliaments, and rejoice in them." March 15. It is Resolved, upon Question, that the Bailiff of Chippenham is to amend a wrong Christian name, by mistake, inserted in the Return, not the Clerk of the Crown. 'J"he Committee are of opinion that others besides the Bailiff" and 12 Burgesses should elect. Mr. Barkelcy. That was an ancient Incorporation before 1 Marite, when a new Charter was obtained. In Edw. G, the Return is by Bailiff' and Burgesses " pro se et aliis." Ballivus et Burgenses, or Ballivus et duodecim Burgenses, is all one. Altering of Elections long continued, is dangerous. March IG. The Lords appoint a Committee to suppress the Outrages of their Servants, &c. March 17. The King exjilains certain expressions in his Answer to the Address of both Houses. Marcit, 1!J. A Report is made in the Commons from the Committee of Privileges. Winchelsey is an Incorporation. {)>) Pari. Hist. VI. 101. JAMES I. 295 Mayor, Juratcs and Freemen, now eight with the IMayor, the 1C24. Freemen eleven. It is agreed they ought to elect, though a a. r Decree had been made that whosoever was not resident within ^V 3 months should lose his voice. Scotife Resolved. The Mayor appears to have no Privilege upon equality of voices, Precedents are rather to the contrary. This Decree could not alter tlie Law. March v.). The Archbishop of Canterbury moves the House to take some order to forbid the Printing of Petitions ; for that scandalous Petitions are published, but not orderly presented to either House. Ordered, The Lords' Committees for Petitions to take Order for sucii Prevention. Agreed. The Lords' Committees have power to adjourn (ac- cording to ancient Order,) de die in diem, as often as they please. March 20. A Bill passes the Lords for abolishing Trial by Battail, <&c. March 22. The Committee of Privileges Report for Stafford. No publick warning having been given, the Election is not good. A new Writ ordered for Blechingly. This Borough is no Cor- poration. They have only to do witli the Election. The Pre- cept was not delivered to the Borough but to the Bailiffs, Resolved upon Question. The Bailiffs have nothing to do with the Election. None but Borough holders ought to have voice. March 23. Resolved upon Question. The Freemen and free Burgesses, Inhabitants of Dover, ought to have voice in the Election of their Barons to serve in Parliament. Resolved upon Question. The JNIayor, Burgesses and In- habitants of Arundell ought to have voice, &c. March 25, ^In a Declaration to the Houses, his Majesty says, " Though I have broken the necks of three Parliaments, one a. r. after another, I hope that, in this Parliament, you shall be I'e- 22 solved of the sincerity of my heart, and I, of your duties and affections, that this shall be a happy Parliament, and make me greater and hap])ier than any King of England ever was." On account of Easter, both Houses adjourn to April 1. April 1. {^Thursday.) The Lords desire a Conference on the Supply. Mr. Recorder. A Gentleman, of the House before, is returned again, whether is he to receive the Communion again ? Resolved, No. Aprils. Ordered, That the Knights and Burgesses of every place, by themselves shall present unto the House tiie Names of such convicted or justly suspected Popish Persons, as are in places of charge or trust in their several Counties and Boroughs. April 9. Report is made, tliat Chippenham, a Borough time out of mind, sent Burgesses Edward VI. A Return is made by Mayor and Burgesses at large, no certain number. Resolved. The new Charter alters not the Custom, and the Burgesses and Freemen more than twelve, have voice in Elections. Newcastle under Lyne. Custom. The Mayor, Aldermen, and two Bailiffs, and 24 and all Common Councilmen used to make return. By Charter incorporated with new name. JMade a Constitution, that the Mayor, two Bailiffs, and Chief Burgesses, should elect, and they have so elected. Resolved, upon Question. This late Constitution alters not the former Custom. Ajjril 12. A Message is sent from the Commons to the Lords, 296 JAMES I. 1624. to put off an intended Conference, "Because a Lord of that A. R. House had desired to be heard, by his Counsel, in theirs, in the 22. Afternoon ; which they had yielded to." On this, a Motion is ..cotije made in the Lords, to consider that it might trench deep into their Privileges for a Lord of that House to answer an Accu- sation in the Commons, either by his Counsel, or by an Answer in Writing. Upon the humble Request of the Lord Treasurer, (in question) the House gives him leave to send his answer to the Complaint of the Commons, if he pleased. An Order was then made, "That no Lord of that House shall, hereafter, without License, answer any Complaint in the House of Commons, either in Person, or by his Counsel." April 15. A Conference takes place between the Houses on a Complaint against the Earl of Middlesex, Lord Treasurer. Ajnil 17- The House of Lords adjourns to the 20th, on account of the Funeral of the Duke of Richmond, Cousin German to the King. Ajyril 20. Lord Tunbridge is introduced, and delivers his Writ of Summons. Ordered, upon Question, for a General Rule hereafter, " That, in Private Bills, there shall not be that general Clause for ail that will come to have voice. April 2L Ordered, That whosoever shall go out of the House to a Conference before the Committees, shall pay V2d. to the Serjeant. April 24. It is Ordered, That all IMembers of the Commons shall attend the House at half after Seven, and that Bills be put to passage by Eight. April 27. In the Lords, Report is made from a Committee a])pointed to search for Precedents in what manner parties com- plained of have answered here, &c. They have not found that any, though a Member of the House, did answer by his Counsel, and that divers. Members and others, have answered in Person, without Counsel, and Counsel was desired to M. de la Pole, Lord Chancellor, 10 Richard II. (i) April 28. Sir Edward Coke says, (upon a Question,) Things most general, and of greatest consequence, are fittest and safest to be spoken in Parliament. The setting down of the Juris- diction of Courts is the noblest work that could be done. April 30. Dr. Harrys is brought to the Bar, and, kneeling, is charged by Jlr. Speaker with indiscreet carriage about the Election of Biechingley, and with venting his Spleen in the Pulpit. It is Resolved, He shall come in as a Delinquent, upon his knees, and confess his fault, and upon Sunday Se'nnight in the Pulpit in his own Parish Church, shall also confess his fault, and that he is sorry for it and desires the love of his neighbours, and that he will avoid the like oti'ence hereafter. He is advised to bear no spleen upon this, to his Neighbours, and to forbear to question them upon Tythcs. He confesses at the Bar, &c. May 4. (Tuesdai/.) It is Resolved, upon Question, That Amersham, Wendover, Rlarlow and Hertford are to have Burgesses. The House refuses to give any direction for the manner of electing there, or who shall be the Electors. The Bill tor Burgesses for Durham, is re-committed, upon the Question, whether Barnard Castle shall have two or not. (i) Many ordinary Claims of Privilege in the Lords' House, are now and hereafter omitted, as the Proceedings were well established, and are all of a similar nature. JAMES I. 297 Sir Edward Sands. "The Kiii£^ can put ill Eurgcsscs for lC2t. 15;iriiar(l Castle without fliis House." a. m. Sir Edward Coke. Fortescue. At tlic first, were .'{00 IJur- 2'- gesses liere, suitable to the Seiiatus of liome, now we have Scotise almost five hundred. He questions, wlietlier the King can make ^^ Burgesses in a County i'alatine. Is for two Burgesses for IJarnard Castle. Alai/ fi. The Commons desire a Conference with the Lords, on IMonopolies, which is granted, that day, in the Painted Chamber. May 13. Sentence is pronounced against the Lord Treasurer, INIiddlesex, who, besides Imprisonment and Fine, is excluded for ever from Parliament, and is never to come within verge of the Court. ^fay 19. Proceedings are taken against the Bishop of Norwich, which the liords defer, " in respect of the shortness of time." A Message is sent from the Commons to the Lords to this effect. " That the Knights, Citizens, and Eurgesses, &c., under- standing that his INIajesty's pleasure is to put an end to this Session on Saturday next, 22nd instant, within which short time, neither that House, nor tiaeirs, can perfect those businesses which are begun, they humbly desire their Lordships to join with them in Petition to his 3Iajesty for a longer tune ;" for the following reasons, <*v:c. The Prince signifies unto the House, that such was his ]\Ia- Jesty's intention, but what his IVIajesty will do when he shall hear these Keasons, his Highness knows not. The House hiun- bly beseeches the Prince to move his iMajesty to give a longer day. The King agrees, at the request of the Prince, to prolong the Session to Saturday Se'nnight, so as neither House will entertain any new matter in the mean time. May 21. A Petition of the Commons for displacing Popish Kecusants is read in the Lords. An Answer is given, " That they take great contentment in the concurrence which has been between the Two Houses from the beginning of the Session, and which they doubt not will coritinue to the end. That their hearts go along with what is jirojiounded by the Commons. But that, &c., Notwithstanding, they do incline, if the Commons like it, to move the Prince privily to ac()uaint His ]Majesty with this, &:c. The Commons render their most humble Thanks to the Prince, That he was pleased, as of him- self, to intimate their Requests to His INIajest^', and hope it will receive a gracious answer. In the Commons, on a Report from a Committee of Privileges, it is agi-eed that in the Borough of Cicester, Glostershire, all the Inhabitants ought to liave voice. Resolved, That no consent of Parties, Competitors, can alter the legal course of Election. That where there is no Custom or Charter to the contrary, the Election is to be made by all the Householders. Upon another Question, Resolved, In a Borough not being a Corporation, there being no free Burgesses, nor Charter, nor Custom for Election, the Election is to be made by the House- holders, and not only by Freeholders. May 22. A Committee report as Resolved, That this House cannot amend the I^ords' Alterations without a Conference, but with a Conference they may. Resolved. A Conference with the Lords. May 24. The Subsidy Bill passes the Commons, containing sq 298 JAMES I. 67 1624. a Clause whereby the Treasurer.^ are to be nominated by Parlia- A. R. ment, a thing hitherto unprecedented. 22 May 2G, The Judges being appointed by the -Lords, give Scotioe their opinions on some points of Privilege connected with this Bill. The L.ords enter a Protest on their Journals, " Foras- much as this Act of Subsidy is in many things ditierent from the ancient form of a Subsidy IJill, &c., That nothing contained in this Act, shall take or give any Jurisdiction, Power, Privilege, or Authority to or from either of the said Houses of Parlia- ment, &c. May 28. The Earl Marshall makes a Report from the Com- mittee of Privileges, on the Question, " How far the Privileges of the Nobility do clearly extend, and concerning the freedom of their Servants and Followers from arrests ? These are to extend to all their menial Servants, and those of their family, and also those employetl, necessarily and properly, about their Estate, as well as their Persons. This freedom to continue 20 days, before and after ever}'- Session ; in which time, the Lords may conveniently go home to their Houses in the most remote parts of the Kingdom. That all the Lords, after the end of Session, be very careful in this point, and remember the ground of this Privilege ; which was, only in the ground, they should not be distracted, by the trouble of their Servants, iVom attending the serious affairs of the King- dom ; that therefore they will not pervert that Privilege, to the public injustice of the Kingdom, which was given them, chiefly that the whole llealm might, in this High Court, draw the clear light of justice from them. In which case, every one ought rather to keep within, than any way exceed their due limits. That, hereafter, before any Person be sent for in this kind, the Lord whom he serves, shall, either by himself, or by his letter, or by some message, certify the House upon his honor, that the Person arrested is within the limits of the Privilege before expressed. And for the jjarticulars, they must be left to the judgement of the House, as the case shall come in question ; wherein the House wants no means, as well by oath as without, to find out the true nature of the Servant's quality in his Lord's service. Thereupon, if it be judged by the Plouse contrary to the true intent, any iMember whatsoever must not think it strange, if, in such a case, both himself suffer reproof, as the House shall think fit, and his Servant receive no benefit by the Privilege, but pay the Fees : because the justice of the kingdom must be preferj'ed before any personal respect, and none to be S])ared that shall offend after so fiiir a warning. Ordered to be observed accordingly, with this alteration, viz., This freedom to begin with the date of the Writ of Summons, and to continue 20 days after every Session of Parliament. "'Ihe Lords of the High Court of Parliament also do hold it fit to consider of some Orders for the trials of such Persons as shall hereafter be brought before them, and come to Judicature. They do at this time order, that in all cases of moment, the Defendants shall have Copies of all depositions, both ])ro and contra, after the pid)lication, a convenient time before hearing, to prepare themselves : and also, that if the Defendants shall demand it of the House in due time, they shall have learned Coimcil to assist them in their defence, &c. This their Lordships do, because in all cases, as well Civil, Criminal, as Capital, they hold that all lawful helps cannot before just Judges, make one JAMES I. 299 that is guilty avoid justice .• and on the other side according to 1624. His Miijesty's most ffi-acious speech, God defend that an inno- a. n. cent man siioiild be conciemned. 22 " I-ikewise, for callinj^ a Member of this House to tlie Bar, Scotiae their Ivordships hold it tit, to be very well weighed, at what time and for what causes it shall be; the time beinir now short, Pre- cedents are to be looked out, and to be considered at the next meeting." In tlie Commons, a Question being put after a long debate and the voice being doubtful, the House divides. Seven being entered into the Committee Chamber, and refusing to give voice one way or another, they are sent for, and their names taken. The Resolution is stayed till those that were gone out i-eturn. The noes ai'e 14;}, the yeas 10'8. P. AI. Ordered; that all Petitions, of what kind soever, ex- hibited in Parliament be delivered to the Clerk, to be safely kept till next Session, without dishonour to them against whom preferred, or prejudice to the Petitionei's. Resolved ; upon Question. The Election in Pomfret, ought to be by the Inhabitant Householders llesiant. Resolved ; That Members of Colleges, Halls or Corporations at large, (Cambridge) not having Freehold saving in right of their Colleges, &c., ought to have no voice in Elections : That Fellows and Scholars having Fellowships and Chambers above 40s. a-year, ought not to have voice. Resolved, That Parsons and Vicars that have no other Free- hold but Glebe Lands, ought not, &c. ]\Iay 29. The King ])rotests as to the pretended Marriage of Edward, late Earl of Hertford, in Elizabeth's time. The Commons are admitted into the lloyal presence. The King being on his Throne, the Speaker addresses him ; to which Speech the King replies at length, saying among other things, "The Lawyers of all the peojjle in the Land are the greatest grievance to my Subjects; for when the case is good to neither party, yet it proves good and beneficial to them." He is fol- lowed by the Lord Keeper, who prorogues the Parliament to the 2d of Jiovember. Nov. 2. The Parliament is again prorogued to the IGth February. Feb. IG. The Parliament is a third time prorogued to 1625, March 15. a.r. March 15. The Parliament is a fourth time prorogued to 23 April 20 ; but the King dies on the 27th of March, a. r. 23. (^■) Scotia 58 (.k) A Note to the Lords' Journals, III. 426, says, " After the 16th of February, no further Entry is in the said Journal, but by search in the Minute Book of that Parlia- ment, in the Office, it a|)pe3retli, that on the said IGth of February, Parhament was prorogued to the loth of March following, and on the said 15th, to the 20th of April, before which day, (2Tth of March,) King James died, and so this Parliament was dissolved by his death. 300 CHARLES I. CHARLES I. (March 27///, 1G25.) 1625. ]\ja7/ 17. A Parliament is held at Westminster. (I.) ^■^' AVrits are issued to the Duke of Buckingham, High Admiral of England, the IMarquis of Winchester, the Earl ofArundell and Surrey (Earl JNIarshaU), the Earls of Northumberland, Shrewsbury, Kent, Derby, Worcester (Keeper of Privy Seal), Rutland, Cumberland, Sussex, Huntingdon, Bath, Bedford, Pembroke, Hertford, Essex, Lincoln, Nottingham, Suffolk, Dor- set, Salisbury, Exeter, INIontgomery, Bridgewater, Northampton, Leicester, NVarwick, Devon, Holderness, Carlisle, Denbigh, Bristol, Anglesey, Somerset, Holland, Bolingbroke, Clare, West- moreland, Viscounts ]\Iontague, Wallingford, Purbeck, Mauns- field, Maundevill (President of Council), St. Albans, Colchester, llochford, Andover, Tunbridge, Say and Sele, Barons Nevill de Bergavenny, Tuchet de Audley, Zouche, Berkley de Berkley, "Willoughby de Eresb}^, West de la Wai're, Parker de JNIorley and Montegle, Dacres, Scrope, Sutton de Dudley, Stourlon de Stourton, Herbert {Eldest Son of the Earl of Worcester), Darcie and jNIeynill, Vauxde Harrowdon, Windsore, AA'ent worth, ^lor- daunt, Cromwell, Evere, AVharton, ShefHeld, Paget, Dudley North, Howard de "Walden {eldest Son of the Earl of Suffolk), Wotton, Russell de Thornhaugh, Grey de Groby, Peter, Dan- vers, Spenser, Denney, Stanhope de Harrington, Carew, Arun- dell de Wardour, Tenham, Stanhope de Shelford, Noell, Brooke, IMontague, Carye, St. John de Basing, Grey de Werke, Deyn- court, Ley de Ley (Chief Treasurer of England), Roberts de Truro, Conway de Ragley, Vere de Tilbury, Chivalers. Lord Keeper, (Sir Thomas) I^ord Coventry. By several Writs, the Parliament is prorogued to May 31, June 13, and June 18. {I) June 18. {Saturday.) The King, from the Throne, addresses both Houses, and is followed by the Lord Keeper, Coventry. June 20. The Commons present their Speaker, Sir Thomas Crew. Resolved, in the Commons, The Committee of Privileges to hear Counsel and AVitnesses, and send for Records. June 22. The Earl of Clare is introduced to the Lords, Garter carrying the Patent of his Creation, and delivering it to the Lord Keeper. In the same manner are introduced, the Earls of BuUingbroke and Westmoreland, Lord Viscount Say and Sele, I^ords Ley, Deyncourt and Boberts. jyreed, All the Lords are to take the Oath of Allegiance. (1} Journals of Lords and Commons (as usual). Dugdalc. Pari. Hist. VI. 3-15-4W. Clarendon says B. I. p. !). Tho House of Peers consisted of the same men ;crtiiin fmni Saturday, May '-'Hth, 1(;24. Is is curious tliat the Pro- ceedings of the Session, l''el). 12, \'.'. 21 .lac. are twice detailed at lengtli, with variation,>i in the Journals. The .Amendments, \c., may liave proceeded from tlie Committee in the Clerk's Book of Entries. CHARLES I. 301 The lloU of Remenibrances for Orders is read, and a Clause, 1625. " That Hishops are oiilv Lords of rarliament, hut not Peers." a, r. The Orilcr on absence al Travers is renewed. In the Commons, Sir Benjumvi Iluchjard moves for a good har- mony between tlie King and Parliament, who, " having been bred tip in Fnrliaments, promises yreathj.'" . c ^i June 23. Both Houses petition for a last, on account ot the Plague. . , , . The Lords' House is called, beginnnig with the youngest Baron, and ascending. . A Sub-Committee is appointed to peruse and examine the Journal Book. , . .i -r. June 27. The Privileges of Parliament durnig the llecess, having been trusted to the Lord Keeper, he reports his Proceed- ings thereon. June 28. Ordered, Lords absent Avithout excuse, to pay os., Bisliops and Barons to pay as Earls. ^ , t i Certain Lords are appointed to take the Names ot the Lords present, at the Fast, on Thursday se'nnight. June 30. Lord Cavan, in Ireland, Son-in-Law of Lord Koberts, claims Privilege, on his Arrest. , ,. , . -n July 1. {Fridaij.) A Conference is held on abolishing 1 opery. July 4. The Commons petition for a llecess, at this " Sickly Season." . „. , . Sir Edward Coke, from a Conference, reports the King s An- swer. " He liad taken their safety more than his own into con- sideration, and when he should hear the Commons were ready with their 15iUs, for he would not hasten them, he would put an end to the Session." , . .• ,. i Resolved, in the Commons, to agree upon a time, to be intimated to the King, for our llecess, and the manner of it, whether by Adjournment, or with a Session and BiU to continue all things in statu quo. i. ..i ir ■ u*^ The Committee of Privileges reports the Case of the Knights of the Shire for Yorkshire. , , , ^ t^, , <. Mr. Glanvyle. If the Poll was demanded before Eleven, hut not granted before, then the Poll was not granted at all, because the time for Election was passed. July 5. The Commons grant Two entire Subsidies, but be- cause the Tonnage and Poundage is limited for one year, whereas former Grants to his Majesty's Predecessors, since the time ot Henry VI., were for life, the Lords will not pass the Bill. It is also Declared, " That all Charges mentioned there, (as in the Act of Sul)sidy, 21 Jac.) are to be deducted out of the Sub- sidies and Fifteenths, and to be paid according to that Act.' An Act is read a first and second time, in the Commons, \ 1 hat this Session of Parliament shall not determine by his IMajesty's Royal Assent to any Act or Acts of Parliament." It is committed to a Committee of the whole House. On the Yorkshire Election, Sir Thomas Wentu'orth says, ihe Sheriff had no power when new INIen were let in, to give them Oath, whether thev were present at the Election or not ; tor a Pra?munire, if he had, having no power by the Statute to minister that Oath, and so, impossible. Mr. Glanvyle. The Adjudication in case of Arundell was, that so many as came in during the Polling, had right of voice. So m the case of Glocester. , . c • P. JNI. On the third reading of the Act as to this Session, 302 CHARLES I. 1625. certain doubts arise. The Committee, with all the Lawyers, are A. R. to retire to the Committee Cliaraber. 1 July 7- A lleport is made in the Commons, on INIr. IMont- agew's Book, as caushig disturbance to the Church and Parlia- ment House. Resolved. He has committed a ereat contempt against this House, and to be committed to the Serjeant till next meeting. lleport from Committee of Privileges for Monmouthshire. INIr. AVogan, before the Vi^vit for Election, solicited divers for voices, threatened divers, otliers impressed for Soldiers, divers stricken, others hindered from coming to Election. Petition ; That the Sheriff who made the return was no Sheriff at all, for his Commission determined by the death of the Kuig, and was not r-enewed by the new King. The Bill for continuance of the Session is amended, and passes. On the following day it passes the Lords after a third lleading. Mr. Cholmeley, moves, First, whether it is lawfiil for the Sheriff to minister an Oath to those who shall come in as Electors after 1 1 o'clock. Secondly, whether the Sheriff may make Deputies to take the Oath ? July 8. The King notices the thinness of the House of Lords, and signifies his pleasure that those present shall not depart. July 11. Sir Edu-ard Coke, from a Conference, reports " That as both Houses had petitioned the King for a Re- cess this day, so his Majesty, respecting the paucity of the ]\Iembers of tliis House, and the danger of the Sickness (Plague), is pleased we shall recede tliis day." Sir John Elliot moves, " Tliat within thi'ee days after our next meeting, the House shall be called, and the Censure of the House shall pass upon all such as be then absent." Ordered. Sir Edward Coke is sent up with a Message, " That by ancient Precedents of this House, Adjournments have always been made by ourselves." ]\Ir. Speaker, with others, goes up. The Hoj'al Assent is given to some BUls, and they come down, with the Commission for Adjournment. INIr Speaker adjourns the House to Oxford, on the first day of August next. August 1. (Monday.) The Parliament meets at Oxford, in the Great Hall of Christ Church. In the Cmnmons, certain Members are admitted, though tliey have not received the Communion, which they are to do with all speed. Augtist 2. Proceedings are taken against INIontague. Sir Edward Coke. "We meddle witli him only for his contempt of this House, whereof we have Jurisdiction. We will not med- dle, ourselves alone, with adjudging his Tenets. Yet we may inform the Lords, where tlie Bishops are, and they to judge it. This is warranted by the words of the "Writ, " Defensioncm Ecclesi. wntin<5 to the Committee for IJeligion on ^lomlay next. a.u, Fv/j. 22. On/errd, in the Comtnons, Whoever shall stand in the 1 Entry and not take his place, shall forfeit \2d., to be presently paid to the Serjeant. Feb. 2S. Horace, Lord Vere, of Tilbury, is introduced. The P-arl of Devon clauns Privilege ior Arrest of a Suit, which is jrranted. Feb. 24. ]\f(ired, That there be a Committee of the whole Connnons' House to consider of the state of the King and King- dom. The King's settled Jlevenue to be looked over, and to see how any defects therein may be supplied. Ordered, ^fr. Chancellor of the Exchequer hath leave to acquaint his Majesty with the particulars of this Debate. Feb. 25. Viscountess Purbeck claims Privilege against an An-est. The Lords Agree to Four Orders. (1) No Lord to be absent at fii-st 3Ieeting of Parliament, except with leave from the King. (2) He that comes after Prayers, or comes not at all, to pay 5s. for every day's absence. (',i) After this Session, no Lord to receive above Two Pi-oxies, nor more to be numbered in any case voted. (4) All Proxies from a Spiritual Lord to be made to a Spirit- ual Lord, and from a Temporal, to a Temporal Lord. Feb. 27. A lleport is made, in the Commons, from the Com- mittee of Privileges and Elections, on the case of Sir Edward Coke. The Debate is put off. The Commons prepare Articles against the Duke of Bucks ; but delay the Supply, notwithstanding a Letter from the King. Feb. 20. James, Lord Ley, created Earl of Marlborough, is introduced, &c. March 1. {Wednesday.) Lord Willoughbv de Eresby, and the Earl of Oxon, petition touching the office of Lord Great Cham- berlain. March 2. Henry, Lord Ley, eldest Son of James, Earl of IMarlborough, is introduced, &c. The Lords of the Council of War have leave to appear and answer before the Commons, according to the tenor of the Act of Subsidy, 21 Jac. March 3. JMotion is made, in the Commons, for a Select Com- mittee to consider an indifferent course for naming of Committees, the number to be 12. March 4. The Duke of Bucks making earnest suit to have leave to satisfy the Commons, touching a Complaint, the Lords leave it to himself to do what his Grace shall think fit. Ordered, in the Commons, The Committee for the Clerk's Book shall have power to take out a Leaf where an Order is erroneously written, and to insert a reformed Order, nothing else being omitted. March f?. The House divides 22G against 166. The Yeas go out. March 9. Ordered, None shall go out of the House, when it riseth, before Mr. Speaker. March 14. Mr. Clement Coke having said, "It was better to die by an Enemy, than suffer at home," 'I'he King complains to the Commons of the " Seditious Speech," and desires the justice of the House against him and another, "that the King may not be constrained to use his Koyal Authority to right himself against these two Persons." R r 306 CHARLES I. 1626. The Commons defer the subject till the following day. A. R. In the Lords, the King having committed the Earl of Arundel 1 to the Tower, " for a Misdemeanoi", personal to his ]Ma,jesty, having no relation to matters of Parliament," it is Ordered, That the Lords' Sub-Committee of Privileges do search for Precedents for the commitment of a Peer of tliis Realm, during the time of Parliament. March 20. The Earl of Derby petitions touching the Earldom of Ox on. Report is made on the Title of the Competitoi-s. March 22. The Lords aqree, that the Earldom of Oxon is descended, and ought of llight to come to the Heir ]\Iale, and that the Baronies of Bolbecke, Sandford, and Badlesmere, are in his ISIajesty's disposition. The Earl of Bristol, after two years' resti'aint, without trial, &c., petitions for a Writ of Summons. The Commons debate, " Whether Common Fame is a gi-ound sufficient for them to proceed upon," as a Basis of certain Queries concerning the Duke of Bucks. It is Resolved in the Affirmative, and to jn-oceed against the Duke. They Resolve, also, to grant a Supplv. March 24. Ordered, The Lords' Committees for Petitions have power to reject any Petition, \vithout Report thereof first made to the House, notwithstanding the Order of the 23rd of February. A. R. March 2^. Algernon, liord Percy, is introduced, on his Writ. 2 The Judges report their opinions concerning the Office of Great Chamberlain. Two decide for Lord Willoughby and three for the Earl of Oxon. The Lords determine. That the Duke of Bucks " shall not answer " to another Complaint made in the House of Commons. The Lords humbly beseech His Majesty to send a AVrit of Summons to the Earl of Bristol, as also to those other Lords whose Writs are stopped, except such as were made incapable to sit there by Judgment of Parliament, or some other legal course. March 29. The King addresses both Houses at Whitehall, at 9 o'clock. " He came there to shew the Gentlemen of the House of Commons their errors or unparliamentary Proceedings in this Parliament." The Lord Keeper says, " Never King was more jealous of his Honour, nor more sensible of neglect and contempt of his Royal Rights, which His Majesty will by no means suffer to be violated by any pretended colour of Parliamentary Liberty ; wherein His INIajesty doth not forget that the Parliament is his Council, and ought to have the Liberty of a Council. But, His Majesty understands the ditFerence between Counsel and Con- trolling, and between Liberty and the Abuse of Liberty, &c." " Remember, adds the King, Parliaments are altogether in my power, for their calling, sitting and dissolution. As I find th.e fruits of them good or evil, they are to continue, or not to be." March 30. The King, by a INIessage to tlie Lords, explains part of his Speech of yesterday. The King sends a AVrit to the Earl of Bristol, but, by Letter, signifies " That tliougli His Majesty gives way to the aAvarding of tlie Writ, his meaning is thereby" not to discharge any former directions for restraint upon his Lordship's coming hither, but A. K. CHARLES I. 307 that he is to remain under tiic same restriction as before, and liis 1G26, personal attendance is to be Im'borne." The Kintf, by Message to the Lords, charges the Earl with several high Oti'ences. The Lonk desire a Conference in the Painted Chamber. The Commons' House is turned into a Grand Committee on the JMatters propounded by His ]Majesty. March 'A\. The Lords Resolve, That the office of Lord Great Chamberlain is come and descended to the Heir General of the last Earl of Oxon. The King requires his Counsel may be heard touching his Title and Claim to the gift of the said office. lleport is made in the Commons, from the Conference. A Select Committee is appointed for a Satisfactory Answer to His ]\Iajesty that their Proceedings have been Parliamentary, and for a llemonstrance to His JMajesty on their Privileges. April 1. {Saturday.) The Earl of Nottingham claims Privi- lege against a Trial proceeding, 6s:c. Spencer, Lord Compton, is introduced on his Writ. P. INI. After Argument fi-om Counsel, the Lords Agree, " That the Office of Lord Cireat Chamberlain is descended unto Lord Willoughby, as Cousin, and Heir General unto Henry, last Earl of Oxon, deceased." The Counsel for His Majesty's Title find no fit ground to offer to their Lordships. April o. An Engrossed Remonstrance to His Majesty is read. Resolved, That the House be now called. Ordered, The Clerk of the (!rown shall, this Afternoon, make pei-fect the Book of the names of the j\Iembers of this House, according to the Returns made to him in Chancery. The King appoints this Afternoon, between one and two, in the Gallery at Whytehall, to receive the Remonstrance. The Commons attend and in their Remonstrance declare "That neither the words mentioned in his Majesty's ^Message, nor any other of seditious effect, wei'e spoken by Mr. Coke, as hath been resolved by the House without one negative Voice. However, he did let fall some words which might admit an ill construction, but being generally and instantly checked, forth- with explained himself and his intention ; that, for the present, we forbore to take them into consideration, which since we have done, and the eifect had before this appeared, if by importunate busmess of your Majesty's service, we had not been interrupted; and the like with regard to Dr. Turner. " Concerning the Duke of Buckingham, it hath been the ancient, constant and undoubted right and usage of Parliaments, to question and complain of all Persons of what degree soever, found grievous to the Commonwealth, &ic., &c. " Lastly, we most humbly beseech your ^J ajesty graciously to conceive, that, though it hath been the long custom of Parliament to handle the matter of Supply with the last of their businesses, yet, at this time, &c., we grew to the Resolution, for a present Supi)ly, well known to your INIajesty." P. INI. The King's Answer is reported in the House. He would not now give answer, but expects and desires that the Commons would adjourn, as the Lords had done, to the 13th. Upon the Question, whether the House shall adjourn until To- morrow Se'nnight, twice put, the House divides. The Yeas go out. Yeas, loO; Noes, 120. 308 CHAllLES I. 1626. They adjourn till April 13, Thursilav, in Easter week. A. K. April VS. {Thursdd?/.) Robert, I-onl Willoughby, Lord Great 2 Chamlierlain, comes into the House, with the Staff of that office, and takes his Place above all Barons, according to the Statute, 31 Hen. 8, c. 10. April 15. Robert de Vere, Earl of Oxon, is introduced on his Writ, &c. April 18. Certain Forgers of Peers' Protections, are sent- enced to the Pillory, &c. Report is made touching the Commitment of Peers during the sitting of Parliament. Precedents against, 18 Edw. 1, 15 Edw. 3, 50 and 51 Edw. 3, 20 Ric. 2, Art. 8, 4 Hen. 4, n. 13, 5 Hen. 4, Art. 71, 8 Hen. 6, n. 57, 31 Hen. 6, n. 28, 34 Hen. 8, 1 Car. (Vaux.) Precedents for commitment for present offence to the King, though neither Treason, Felony, nor Breach of Peace : 28 Eliz. (Earl of Arundell), 5 Eliz. (Earl of Hertford), 25 Hen. 8, (Bishop of Rochester), 28 Hen. 6, (William Larke), 1 Hen. 4, (Bishop of Carlisle), 5 Hen. 4, (Earl of Northumberland), 15 Edw. 3, (Archbishop of Canterbury), 3 Edw. 3, (Bishop of Winchester.) The Lords answer all these latter Precedents, and it is Agreed by the whole House, " That no Lord, Parliament sitting, or with- in the usual times of Privilege, is to be imprisoned or restrained, without sentence or order of the House, unless for Treason, Felony, or refusing to give Security for the Peace." Ordered, A Remonstrance to his Majesty to enjoy the same. April 19. Ordered in the Lords, That if, hereafter, any shew his Pi'ivilege, he is not to be detained, but set at libert_y ; but if he be under ai-rest before Privilege be shewn, then he is not to be delivered but here at the Bar. April 22. In the Commons, the Debate is resumed upon the Question, " Whether Common Fame is a ground for the Com- mons' House of Parliament to proceed upon ?" Mr. Littleton. This is not a House of definitive Judgement, but of Information, Denunciation, or Presentment, for which Common Fame is sufficient. A great difference between Com- mon Fame and Rumour. The general voice is Common Fame. The voice of many men is a good ground of Imprisonment for Treason, or Felony, 7 Eliz. Dyer. But I may not say he is a Traitor or Felon. Mr. Selden. The Question is, whether this House may pro- ceed to transmit to the Lords, upon Common Fame. Else, no great man shall, for fear of danger, be accused l)y any particular man. This course of Accusation is held in all the Courts in Christendom. Resolved, upon Question. Common Fame is a good ground of Proceeding of this House, either to enquire of here, or transmit the Complaint, if the House find cause, to the King or Lords. April 24. The Lords do not think fit the Duke of Bucks shall answer in the House of Commons, upon the same respects as their former Order, 28th JMarch. A Sub-Committee, of Twelve, having been named to consider the state of the great l)usiness in hand, (the Impeachment of the Duke of Bucks,) and reduce it into form, It is Ordered, That no Member of the House shall be present at the Debate, Disposition, or Penning of the Business, by the Select Conunittee, but only to be present at liie Examhiation, and that without interposition. CHARLES 1. 309 .Ipril 25. A Motion is made against leaving Gloves, &c., for 1626^ ^'^S"//28''^Keport is made from the Lords' Committees of 2 ^Vn^That if a reer, having leave of the House to be absent from Parliament, give his Pi^xy, and afterwards comes and sits again, his coming doth determine that Proxy, and his Licence ot ^^M"if •I'peer having leave to be absent, makes his Proxy and returns, he cannot make a new Proxy, without new Leave. Ci) AU OlHcers of this House should set down what lees they claim due, and shew the same to the Sub-Committee, and they consider thereof, and report to the Grand Committee. The Lords agree. „ ^ . ., ^ \ £• -n Ordered. The Sub-Committee of Privileges to search for 1 re- cedents, what hath been usually done, when any Peer hath been sent for to be brought before their Lordships; and how a Peer, sent for, shall be demeaned. , , ^ x, ^, r^ ■.._ April '>i) Keport is made to the Lords, from the Committee of Privileges, that, according to Precedents, 50 Edw. III., 18 Jac. and 21 Jac, Peers accused by the Commons did all answer in ' ^May h^^Mondaij.) The Attorney General opens the Charge against the Earl of Bristol, in the Lords. May 4. Lord AVimbledon is introduced. ^ , .^ ■ , ^ Report is made on the Precedent for trying the Earl of Bristol, Man G ' The Attorney General desires the attendance of the Clerk of the Crown in the King's Bench, at reading the Charge again-t the Earl of Bristol. The Lords retuse, and Order, ihat this Cause shall be retained within this House. In the Commons, upon Question, twice put, the voice being doubtful," the " Yea" yields, rather than go out. May 8. The Earl of Bristol desiring Counsel, the King de- sires the Lords to proceed with caution, that the ancient funda- mental law (against aUowmg Counsel to Defendants in Cases "f Treason or Felony) may receive no prejudice or blemish. 'J'he Commons request a Conference by a Committee of both Houses concerning the Impeachment of a Great Peer, &c. The Lords " accept not a Conference, but a Meeting, at 2, p. m., by a Committee of both Houses, in the Painted Chamber. May 9 The ancient Order of the Lords' House is read. That no Man shall speak twice, unless to explain, and that, not without leave first obtained. . i • *i, t ^^ Ordered. If any desire to speak again or explain, the J-ord Keeper shaU demand of the House first, whether leave is given. Resolved. None may speak again to the same matter, thougii unon new Reasons ; and none to explain unless his former Speech was mistaken, and he hath leave given. If the Cause requires much Debate, then the House is to be put into Committee. Ordered. Every Lord is to sit in his due Place when the House is to be put into Committee. r. .i ^ Mr Poole tenders a Bill in the Commons about an Oath to be administered to the Members of the Commons' House of Par- The Bill, " An Act to avoid Suspicion of Injustice in any Member of the Commons' House of Parliament," is twice read, and committed. of 310 CHARLES I. 1626. A Debate concerning the matter disputed yesterday, the Mes- A. R. sage for committing the Duke of Bucks, is resumed. 2 Upon some words spoken by Mr. Dyett, it is Resolved, upon Question, The words have given just offence to the House, and that he be sequestered during its pleasure. Upon another Question, before division, tlie Noes yield, but the Yeas will not accept it, desii'ing to be numbered. The House divides. Yeas 225, Noes 106. May 11. The King takes exception to the Lords' Message touching the release of the Earl of ArundeU, which desires a present answer. The Petition is altered. Upon a Question twice put. Whether the Yea or Noe shall go out, much debate arises. A llule is made, " That whosoever will have a thing, must go out, and so get it." The Noe yields, and a Division is spared. 3Ia?/ 12. Sir Dudley Diggs and Sir .John Elliott having been imprisoned by order of the King for supposed treasonable words used at a Conference and for other matters, the Lords clear them by Protestation, and the Commons Resolve "not to do anymore business till they are righted in their Privileges." Those gentle- men are released from the Tower, the Judges having given their opinion, " That their Restraint was an arrest of the whole Body, no reason being given to the House for it, and that a breach of Privilege must follow." il/ffT/ 15. Sir Francis Leeke petitions the Lords against his eldest Son, Lord Deyncourt, for arrears of Rent due on a Lease. He is 94 years of age, and his son, the Lord, refuses to answer his Suit in Chancery, by Privilege of Parliament. The Lords Order the Suit to proceed notwithstanding the Privilege of Parliament, and on payment of the Arrears between this and the next Term, to be stayed. The Lords inform his Majesty that the Earl of Bristol should have Counsel, according to a general order, 21 Jac, touchmg allowance of Counsel to Delinquents questioned in Parliament. May 17. His Majesty is pleased to allow that the Earl shall have Counsel, though against a fundamental Law, Custom and use of Parliament. His Majesty is not satisfied with the general Order, nor that Counsel should be allowed without his Majesty's Licence. 3fai/ 20. The King still delaA-ing the release of the Earl of ArundeU, it is Ordered, in the Lords, That a Committee of Privi- leges do consider how farther to proceed with dutiful respect to his Majesty, and yet for the preservation of their Privilege, &c. Ordered,' the Clerk to read every Order first in the House, before it is entered. A INIotion is made, in the Commons, ""Whether Sir John Elliot be to come here, having been accused of high Crimes, ex- trajudicial to the House." He is sent for and takes his place. Wishing to withdraw, the House refuses to order his withdrawing. Mai/22. Edward, Lord Kymbolton, Oliver Tregoze de Heighworth, and Dudley Carleton de Imbercourt, are introduced into the Lords' House on their Writs and Patents. May 23. Tlie Commons Resolve, upon Thursday next at rising of the House, to adjourn until Thursday in Whitsun week. Upon Question, The House to be called on Friday next. Upon Question, Those who shall then make default, without just excuse, shall pay £10, besides further punishment as the House shall inflict. CHARLES I. 311 May 24. The l-onls Order the Duke of Bucks lo have King's 1626. Counsel. ■*• *• Upon Question, the taking of Tonnage and Poundage witliout 2 Assent of Parliament, to be pi'esented to his Majesty by the Commons, as a Grievance. May 25. The Lords Order that all business shall cease, and consideration be taken how their Privileges may be preserved to Posterity. The Commons'' House adjourns until Thursday next, at Eiglit o'clock, with a saving of all Committees specially ordered to meet, or proceed in any businesses. June 2. (Friday.) The King sends a Message concerning the Earl of Arundell, promising to declare the Cause, or admit him to the House, by AV'ednesday Se'nnight. Ordered, in the Lords, all other business to cease. Ordered, the Commons' House to be called, and no excuses made till the House is fully called, and then to be heard. The Forfeitures to be disposed as the House shall think lit ; and if any failing, and his excuse not allowed, shall not pay the forfeit within a week, a Serjeant-at-Ai-ms to be sent for him to come to tiie House to answer: and after the House called over, the De- faulters to be presently called. June 3. j\Ir. More having said in the Commons' House, " That we were born free, and must continue free, if the King would keep his kingdom," adding, " as, thanks to God, we have no occasion, having a just and pious King ;" the King represents these words to the House. A Committee is appointed to examine the matter, and though cleared of ill intentions, he is committed to tlie Tower for four days, and enlarged on a iMessage from his Majesty. June 5. Upon Question, Whoever is absent without leave on call of the House, shall pay £10, at least. Upon Question, All such INIembei's as, by information to the House, without a call, shall appear to absent the Service of the House, by going out of Town, shall incur the like Penalty. June 8. His Majesty takes otf the restraint from the Earl of Arundell, who appears in the House, and returns Thanks to his Majesty and their I^ordships. June 9. A Letter from the King, to hasten the Supply, is delivered to the Speaker. Upon Question, Sir Edward Coke standing de facto returned a INI ember of this House, shall have Privilege agamst a Suit in Chancery commenced. June 13. A Bill is read a second time, and committed, in the Commons, concerning divers Privileges of Parliament. The Lords make an Order against Asperity of Speech in the House. June 14. The Speaker presents a Declaration to his Majesty, in answer to the King's Letter on the Supply. June 15. A Commission is signified by the Lord Keeper for the Dissolution of the Parliament. The Lords petition his Majesty against dissolving the Parli- ament. The King answers, " That his llesolution is to hear no ]\Iotion for that purpose ; but that he will dissolve the Par- liament." The Ijords, who came to intercede for a longer sitting are an- swered, " No, not a minute ;" and the Parliament is dissolved. The King publishes a Declaration, containing his Reasons for 312 CHARLES I. 1G36. the Dissolution of this and the foregoing Parliaments, and a I?e- •A.R. monstrance is prepared by the Commons in vindication of their 2 Proceedings. A Proclamation is issued, June 30, for burning this llemonstrance. (w) ^^^'^- January 29. A Great Council is held at Whitehall. Sir Robert Cotton speaks at great length, and advises the calling of a Parliament. " If a Parliament be the most speedy, assured, and safe way, it is fit to conceive what is the best way to act and work it to the present need. If the time of the usual Summons, reputed to be forty days, be too large for the present necessity, it may be shortened, since it is against no positive Law ; so that care may be had that there may be One County Day, after the Sheriff hath received the AYrit, before the time of sitting." (o) 1628. j^arch 17. (Monday.) A Parliament (III.) is held 3 * at Westminster. Writs are issued to James, Earl of Marleburgh (Treasurer), Earl of Manchester (President of Council), Duke of Bucks (High Admiral), the Marquis of Winchester, Earl of Lindsey (Great Chamberlain), the Earl of Arundel and Surrey (Earl Marshall), the Earl of Pembroke (Steward of the Household), Earl of Mont- gomery (Chamberlain of the Household), to 5 other Earls, the Earl of Worcester (Keeper of Privy Seal), 41 other Earls, 9 Viscounts, 45 Barons, (p) After a Sermon at Westminster Abbey, the King comes to the House of Lords, at Two, p. si., and sending for the Commons, addresses both Houses, partly to the following effect. (n) Pari. Hist. VI. 410, VII. 1 to 320. This Parliament is omitted in Dugd.ile. It appears that Sir Edward Coke had been zealous in his opposition to the Court, and was pricked a Sherift' to disqualify him from taking his Seat. On the day before the Dissolution, it is Resolved by the Commons, " That Sir E. Coke, standing, de facto, returned a Member of that House, he should have Privilege of Parliament in a Suit commenced against him in Chancery by the Lady Clare." The Declaration of the King and Kemonstrance of the Commons, together make up all that can be said, on either side, for the King and Parliament. (o) " It appears, by the Writ of Summons, 14 Edward 3, tliat in case of absolute ne- cessity, a Parliament might be called within less than forty days." Pari. Hist. I. 233. See Rushworth I. 471, for Sir Robert Cotton's Speech. (p) From the date given to this Parliament by Dugdale, it may be well to impress on the Reader's recollection, the notice so often given of tlie different computations as to the commencement of the year, and also of the errors frequently committed by Historical Writers who are considered of good authority. He dates it on Monday, the 7th of March, 1027. But the 7th of March occurred on a Monday only in the years 16-25 and 1G31. The 17th of March is on a Monday in the year 1628. Rushworth, Cla- rendon, Dugdale, made constant use of the year of the Anglican Church, which began on the 25th of March, and was adopted from the 12th century, and continued, as the Civil, Ecclesiastical, and Legal Year, till Jan. 1, 1753. Rushworth says, I. 476, " As fast as Writs came to the Counties and Boroughs to choose Members for Parliament, those Gentlemen who suffered for the Loan, were chiefly in the People's eyes to be elected to serve for them in the ensuing Parliament, to present their grievances, and assert their liberties. He gives the Names of the Gentry, who, by Order of Council, were set at liberty about this time. A Letter discovered, from a Jesuit to the Father Rector at Brussels, concerning the ensuing Parliament, (p. 478) says, " You shall see this Parliament will resemble the Pelican, which takes a pleasure to dig out with her beak, her own bowels. The Election of Knights and Burgesses hath been in such confusion of apparent Faction, as that which uiberties, to the ])reservation whereof, he holds himself in conscience as well obliged, as of his own Prerogative." June 3. Mi: Rouse charges Dr. ]\fanwaring for preaching two Sermons, asserting, " That the King's Koyal Command, imjiosing Taxes and Loans, without consent of Parliament, did so far bind the Conscience of the Subjects of the Kingdom, that they could not refuse the payment without peril of Damnation, and tiiat the Authority of Parliament was not necessary for raising Aids and Subsidies." The King's Answer to the Petition of Right displeases the Commons, and, after a Debate, th'^y vote a Remonstrance. In these Debates, the Serjeant is ordered to attend on the outside of the Door of the House, and no man is to otier to go out, upon penalty of being sent to the Tower. June 4. The King, by INIessage, signifies that he shall put an end to the Session on the 11th. Tn the Lords, a Bill is introduced concerning the Title, Name, and Dignity, of Earl of Arundell, and for annexing the Castle, Honour, Manor, and Lordship of Arundell, with the Titles and Dignities of the Rarony of Fitz-AUen, Clun, Oswalstreye, and IVIatravers, &c., being now parcel of the Possessions of Thomas, y.url of Arundell and Surrey, Earl INIarshall of England, to the same Title and Dignity' of Earl of Arundell. The Commons proceed to make a Declaration against Dr. ]\fanwaring. Mr. Pijm, in a very long Speech, makes the fol- lowing Observations : — " The best form of Government is that, which doth actuate and dispose every part and member of the State to the common good ; and as those parts give strength and ornament to the whole, so they receive from it again sti'engthand protection in their several stations and degrees. " If this mutual relation and intercourse be broken, the whole Frame will quickly be dissolved, and fall in pieces ; and instead of this concord and interchange of support, while one part seeks to uphold the old form of Government, and the other part to introduce a new, they will miserably consume and devour one another. Historians are full of the calamities of whole States and Nations in such cases. " It is true, that time must needs bring about some alterations, and every alteration is a step and degree towards dissolution. Those things only are eternal, which are constant and uniform. Therefore, it is observed by the best writers on this subject, that those Commonwealths have been most durable and perpetual, which have often reformed and recomposed themselves according to their first institution and ordinance ; for by this means they repair the breaches, and counterwork the ordinary and natural effects of time. " There are plain footsteps of those Laws, in the Government of the Saxons; they were of that vigour and force, as to outlive the Conquest ; nay, to give bounds and limits to the Conqueror, whose victory gave him, first, liope ; but the assurance and pos- session of the Crown he obtained by composition; in which he bound himself to observe these, and the other ancient Laws and Liberties of the Kingdom, which afterwards he likewise confirmed CHARLES I. 323 by Oath at his Cornnation ; and from liim the said Oblifration 1628. descended to his Successors. It is true, they iiavc often been a. ii broken ; but they iiave often been confirmed by Charters of * Kings, and by Acts of Parliaments ; but the I'etitions of the Subjects, upon wiiich tliose Charters and Acts were founded, were ever Tetitions of llight, deuianding their ancient and due Liberties, not sneing for any netv. "Those liiberties of the Subject, are not only most convenient and ])r()fitable to the People, but most honourable and necessary for his JNIajesty. It hath been, upon another occasion, declared, tliat if those Liberties be taken away, there would remain iio more industr}', no more justice, no more courage. For who will contend, who will endanger himseltj for that which is not his own ?" It is Ordered, that the House shall meet at Seven, and every JNIan absent at Prayers, shall pay 121-/. to the Poor. June 5. A Message from the King requires the Lords to adjourn to the next day. The Lorcis fearing a Dissolution, name a Select Committee to represent to his ^lajesty the danger likely to ensue if the Parliament should now be dissolved, but the Privy ('ounsellors satisfy the House that there is no cause to apprehend a sudden Dissolution. The King also sends a ^Message to the Commons, not to in- terfei-e with affairs of State ; which occasions great Debates, in the course of which, the Speaker interrupts Sir J. Elliott, say- ing, " There is a Command laid ujion me, to interrupt any that should go about to lay an Aspersion on the Ministers of State." Sir Dudley Diggs. "Unless we may speak of these things in Parliament, let us arise and begone, or sit still and do nothing." Sir Kath. Rich. " We must now speak, or for ever hold our peace ; for us to be silent, when King and Kingdom are in this Calamity, is not fit." The House declares, " That every Member of the House is free from any undutiful Speech from the beginning of the Parlia- ment to that day ; and Orders, That the House be turned into a Committee to consider what is fit to be done for the safety of the Kingdom, and that no man go out upon pain of being sent to the Tower." The Speaker desires Leave to go forth for half an hour, which is granted, and the House forms a grand Com- mittee. jMany " Heads " are adopted, concerning lleligion, Misgovernment, &c. On the Speaker's return, he brings this ^Message from the King, " That his Majesty commands for the present, they ad- journ the House till To-morrow Morning, and that all Commit- tees cease in the mean time." The House is accordingly adjourned. June G. A Message from the King is delivered to the Lords and Commons. The Commons proceed upon Grievances. June 7. The King grants his Writ of Summons to James, Son and Heir apparent of William, now Earl of Derby, by name of James Strange, Chivaler; and the Heralds rank him in the Place of the Ancient Barons of Strange. Anne, Countess of Castlehaven, eldest Daughter and Co-heir of Ferdinando, late Eai-1 of Derby, deceased, claims the name and Title of the said Barony. The Lords Order the said Writ of Summons to be no way prejudicial to the said Right and Claim. 324 CHARLES I. 1628. In a Conference between the Houses, it is agreed to address A. B. the King, " That he woiihl be pleased to give a clear and satis- * factory Answer, in full Parliament, to the Petition of Right." At 4, in the Afternoon, the King comes to the House of Ivords and the Commons attending, he commands the Clerk of Parlia- ment " to cut out his former answer from the Journals" and, desiring the Petition to be read, says,"]My Maxim is that the Peo- ple's Liberties strengthen the King's Prerogative, and that the King's Prerogative is to defend the People's Liberties. I have shewn m3^self ready to satisfy your demands, and have done my Part, wherefore, if the Parliament have not a happy conclusion, the sin is yours, I am free from it," and then gives the Answer, " Soit Droit fait come est desire," on which, the Commons " give a great and joyful applause." (,?•) June 10. The King sends a Message to the Commons, " His Majesty is well jileased that your Petition of llight and his Answer, be not only recorded in both Houses of Parliament, but also in all the Courts of Westminster: and his pleasure is, that it be put in Print, for his Honor, and the Content and Satisfaction of his People ; and that you proceed cheerfully to .settle businesses for the good and Reformation of the Common- wealth." JJy another Message, the King, on Petition of the Lords, is graciously pleased to give some tew days longer for the disposal of business in both Houses, so as the Petition of llight and the Subsidy may go hand in hand together By Order of the Lords, Dr. ]\law, &c., or Precedent, the Person of any Lord of Parliament had been attached, and the then attachment appeared derogatory and prejudicial to the ancient Privileges of the I^ords of this llealm, with the Proviso (then made) that, if, at any time after, shall be shewed sufficient matter, &c., that the Per- sons of Lords of Parliament ought in any case to be attached, then such attachment to take place. Precedents for the attachment of Lords since 14 Eliz. were one, 18 Eliz., and most in King James's time. The Committee find that some Lords not knowing their liitrhts had submitted, and some were not attached, though so Ordered. They are of opinion that a Declaration like that of 14 Eliz. should be made, That the Lords ought to enjoy their ancient and due Privileges, with a similar Proviso. It is generally Assented, That the Peers of the Land shall enjoy the same Privileges, &c.,as in the Order, 30 June, 14 Eliz., with the Proviso, as in the case of Lord Cromewell. In the Commons, Mr. Holies states, " That since the last com- plaint, his Warehouse was locked up by a Pursuivant, and that yesterday he was served with a Subpoena to appear in the Star Chamber, and, since, he received a Letter froiai Mr. Attorney, that it was a mistake." Sir Humphry May. " This proceeds from some great Error, for I will assure vou this never proceeded from King or Council." Mr. Selden'. "This is not to be reckoned as an Error; for, questionless, this is purposely to affront us, and our own Lenity is the Cause of this." The Subpoena is read, but the Letter not suffered to be read. The ^Messenger who served the Subpoena is sent for, and a Com- mittee appointed to see the Information in the Star Chamber, with Power to send for Persons or Records. A general order is agreed on, " That all the Committees that have Power to send for Parties, shall have power to command any of them as they shall think fit, to attend the House at such times as they shall think fit." u u 330 CHARLES I. 1629. Feh.\l. Ordered, in the Commons, Every Member to attend, A. a. and none to go out of Town, &c. * Feb. 12. The Lords Order the Lord Deyncourt to pay certain sums decreed in Chancery, under Penalty of Commitment to the Fleet, and the I^ord Keeper to put this order in Execution, notwithstanding the Privilege of the said I^ord. In the Commons, on a Complaint that the licensing of Books was now only restrained to the lUshop of London and his Chap- lains, who often refuse their Licence, and " poui-suivant " those who print Orthodox Books : 3Tr. Selden says, " The refusing to license Books is no Crime, but the licensing of had Books is a Crime ; or the refusing to license Books because they are written against Popery, or Arminianism. There is no Law to prevent the printing of any Book in England, only a Decree in the Star Chamber. There- fore that a man shall be fined and imprisoned, and his goods taken from him, is a great invasion on the Liberty of the Subject." Feb. 14. 'Hhe Lords appoint a Committee for a Bill to prevent the decay of Churches and Chapels, and to provide a sufficient stipend for Curates. In the Commons, a Debate takes place on a Member of that House appearuig to answer before the Lords. Mr. Selden says, " The use was, that no Commoner should be called to the Higher House, but it will trench upon and disadvantage the Privilege of this House ; and until the 18th Jac, there never was a Pre- cedent to the Conti'ary." He moves, that this be considered by a Select Committee. It is Ordered, " that Sir John Ipsley shall not have leave to answer to the Lords' House." Feb. 16". The Lord Privy Seal is appointed Speaker during the Lord Keeper's Absence. Feb. 19. The Eai'l of Leicester claims Privilege for certain Pi'oceedings in execution of a Commission, in a Cause, within the time of Privilege of Parliament, when the Earl's Commis- sioners could not attend. The Lords Order, that all Depositions taken by the Commission awarded out of Chanceiy shall be suppressed. The Lords petition the King, " to add some maintenance to the Supportation of the Earldom of Oxon." It is Questioned, AVhether the Son of an Earl, called by Writ, ought to take place, in this House, according to his Father's ancient Barony. The Committee of Privileges is to consider this, and so of the son of a Viscount, and ot a Baron, having two Baronies. The Commons debate on the seizure of a Member's Goods for Tonnage. Feb. 21. It is Ordered in the Lords, that a Trial in the King's Bench, as to Lands, concerning the Ijord Goringe's Servants, shall be stayed, during Privilege of Parliament. At a Committee ot Privileges in the Commons, Mr. Littleton asks, " Whether a Member or the House hath his goods privi- leged upon a Prorogation, being seized for the King ? All Privileges are allowed for the benefit of the CommonAvcalth ; the Parliament's Privilege is above any other, and the Parlia- ment only can decide Privilege of Parliament, not any otlier Judge or Court. A Man may not distrain for Bent in Parlia- ment time, but for all arrearages after the Parliament, he may distrain. He is not to l)e impleaded in any Action Personal, or his goods seized in the Exchequer, Both by llecord and Act of CH/VRLES I. 331 Parliament, lie is in the King's Royal protection. It might be 1629. liifii Treason to lovelace, Paulet de Hinton St. George, Harvye de Kidbroke, Brudenell, Maynard, Coventrie, Howard de Escrick, Goring de Hurst-Perpnint, Mohun, Savile de Pontfract, Botiller, Leigh de Dunsmore, Herbert de Powes, Herbert de Chirbury, Cottington, Finche de Fordwiche. (e) (e) On the 22nd of .January, 1G34, the Lord Viscount Wentworth, Lord Deputy of Ireland, writes to his Majesty a Letter, advising the calhng of a Parliament in that Kingdom ; but it does not appear whether that advice was taken. Rushworth, I. P. H. 208. On Thursday, the 20th of June, 1633, the King opens a Parliament, in the Parliament House, at Edinburgh. He made his Speech, and the Parliament proceeded to choose the Lords and Members of the Articles according to their usual manner. The Bishops being to nominate the Temporal Lords, there were elected three Lords suspected to be Popish. These Lords, and Members of the Articles, consisted of eight of the Clergy, eight of the Nobility, eight Barons, and eight Burgesses. The manner of Election was thus: (.n The Noblemen elect the Clergy. (2) The Clergy elect and choose the Noble- men. (3) The elect Clergy and Noblemen elect the Barons. (4) The elect Clergy, Nobility, and Barons, elect the Burgesses. The Officers of State make up that body which devise, contrive, and form, all Acts that are to pass in Parliament, which being so presented are passed without difficulty. These Members convene daily till Friday, 28th of June, when the whole Parliament met and passed several Acts, and are then dissolved by the King. Kushworth, I. P. 11.182. Another Parliament is held at Edinburgh, May M, 1G39, by the King's Commission, directed to John, Earl of Marr, and others. This Parliament is continued, by various Prorogations, to 14th of January, 1C42. Rushworth, III. pp. 782,885, 932, 95o, 994, 1004, 1007, 1025, 1042, 1057. An Irish Parliament is holden at the Castle of Dublin, in 1(140, as appears from the Letter of the Council of Ireland, bearing date the 23rd of March, in that year. Rush- worth, III. 1097, &c. Dugdale calls the year of the present English Parliament, 1640, A. n. 15, which must be wrong. The Historians, Rushworth, Clarendon, &c. and the Pari. Hist. (VIII. 397, 482) make it 1640, which is A. R. 16. Clarendon erroneously says, (p. 44) the Parliament commenced on the 3rd of April. Speaking of the Dissolution of the former Parliament, in the 4th year, this last Author (p. 2) says, " It was determined, with a Profession and Declaration, that since, for several ill ends, the calling again of a Parliament was divulged, however his Majesty had shewed by his frequent meeting with his People, his love to the use of Parliaments, yet the late abuse, having for the present, driven his Majesty out of that course, he shall account it presumption for any to prescribe any time to his Majesty for Parliaments." During the long intermission of eleven years, many impositions were practised on the People to supply the funds which were denied by Parliament. The most remarkable of these Taxes was the affair of Ship Money, on which, see Rushworth, II. 335, 344, 352, 364, 453, 480 to 605, 727, 975, 985, 991, 1395, and App. 159 to 265, &c. The first Writ for Ship Money was 20th of October, 10 Car. 1034. Nevertheless, by the testimony of all contemporary Historians, England was never more prosperous or happy. " There quickly followed the Dissolution, (says Clarendon, p. 22,) so excellent a Composure throughout the whole Kingdom, that the like Peace and Plenty, and^universal Tranquillity for ten years were never enjoyed by any Nation ;" and again, p. 25, " From the dissolution of the Parliament in the 4th year, to the be. pinning of this Parliament, which was above twelve years, this Kingdom, and all his Majesty's Dominions (of the interruption in Scotland, somewhat shall be said in its due time and place) enjoyed the greatest calm, and the fullest measure of felicity, that any people in any age, for so long time together, have been blessed with, to the wonder and envy of all the other parts of Christendom." With much enlargement on this subject, and at p. 26, the Author adds, " In a word, many wise men thought it a time, wherein those two adjuncts, which Nerva was deified for uniting, ' Impcrium et Libertas,' were as well reconciled as it is possible. But all these Blessings could but enable, not compel xis to be happy. We wanted that sense, acknowledgment, and value ofour own hap- piness, which all, but we, had ; and took pains to make, when we could not tind our- selves miserable, &c. &c." In Vol. II. p. 1105, Rushworth has supplied the Names of the Knights, Citizens, and Burgeses of the Counties, Cities, and Borough Towns of England and Wales, and the Barons of the Ports, summoned to sit in Parliament, holden at Westminster, 13th day of April, 1640, in the 16th year of the Reign of King Charles. The numbers are as follow : — New Windsors 2 Reading B 2 Wallingford B 2 Abingdon B 1 Co?ntr(ii/ 2 Dunchevit, or Lances- ton B 2 Leskard B 2 Lostwithiel B 2 Truro B 2 .Berf/o^rf (County) ...... 2 Town 2 Buckingham C 2 Town ... 2 Wicombe Borough 2 Alisbury B 2 Agmondesham B 2 AVendover B 3 Merlowe B 2 Berkshire • 2 Bodwyn B 2 Hclston B 2 Saltashe B 2 Camelfoid B 2 Port-pigham, or Wcst- lowe B 2 Granipound B.., 3 Eastlow B 2 Penrin B 2 Trcgony B o CHARLES I. 335 AccordinfT to ancient custom, Proclamation is made in the 1610. Lobbv of the House of Commons hv Order of the liord J»-"- 16 Bossing B 2 St. Ives B 2 Fowey B 2 St. Jermins B a Michell B 4 Newport B 3 St. Mawes B 2 Kellington B 2 Cumberland S; Carlisle City 2 Cambridgeshire 2 Cambridge Univ 2 Town 2 Cheshire 2 Chester City 2 Derbyshire 2 Derby Town 2 Devonshire 2 Exeter City 'J Totnes B 2 Plimouth B 2 Barnestaple B 2 Plimpton B 3 Tavistocke B 2 Dartmouth B Clifton-Hardnes 2 Bereaston B 2 Tiverton B 2 Dorsetshire 2 Pool Town 2 Dorchester B 2 liyme-Regis B 3 Waymouth B 2 Melcomb- Regis B. ... 2 Bridport B 2 Shaftsbury B 2 VVarehara B 2 Corfe Castle B 2 Essex 2 Colchester B 2 Maiden B 2 Harwich B 2 Gloucestershire 2 Gloucester City 2 Cirencester B 2 Tewksbury B 2 I{u7itingtonshire 2 Huntington Town 2 Haitfordshirc 2 St. Albans Town 2 Hartford Town 2 Herefordshiie 2 Hereford City 2 Lempstcr B 2 Webley B 2 AVri^ 2 Canterbury City 2 Rochester City 2 Maidstone B 2 Queenborough B 2 Lincolnshire 2 Lincoln City , 2 Boston T 2 Grimesbv T 2 Stamford T 2 Grantham B 2 Leicestershire 2 Leicester T. .„ 2 Lancashire 2 Preston in AndemesB. 2 Lancaster T 2 Leverpoole B 2 W'igan B 2 Clithero B 2 Newton B 2 Middlesex ■ 2 Westminster City 2 London City 4 Monmouthshire 2 Monmouth T 2 Northamptonshire 2 Peterburgh C 2 Northampton T 2 BracUley B 2 Higham Ferrers B 1 Nottinghamshire 2 Nottingham T 2 East Retford B 2 Norfolk 2 Norwich C 2 Lynne Regis T 2 Great Yarmouth T. ... 2 ThetfordT 2 Castle Rising B 2 Northumberland 2 Newcastle-upon-Tyne Town 2 Morpeth B 2 Berwick r 2 Oxfordshire 2 Oxford Univ 2 , Q 2 Woodstock B...".! 2 Banbury B 1 Rutland 2 Surrey 2 Southwarke B 2 Blechenley B 3 Rvegate B 3 Guilford B 2 Gatton B 2 Haslemere B 2 Staffordshire 2 Litchfield B 2 Stafford T 2 Newcastle-upon- Lyne B 2 Tamworth B 2 Shropshire 2 Salop B 2 Bruges, or Bridgenorth 2 Ludlow B 2 Great Wcnlocke 2 Bishops Castle 2 SotUhampton 2 Winton B 2 Southampton T 2 Portsmouth B 2 Yarmouth B 3 Peterfield B 2 Newport or Medena ... 2 Stockbridge B 2 Newtowne B 2 Christchuich 2 Whitchurch B 2 Limmington B 2 Andover B 2 Suffblke 2 Ipswich B 2 Dunwich B 2 Ortford B 2 Aldburgh B 2 Sudbury B 2 Eye B 2 St. Edraondsbury B. ... 2 Somersetshire 2 Bristol C 2 Bath C. 2 Wells C 2 Taunton B 2 Bridgewater B 2 Mvnhead B 3 Ilchester B „ 2 Milborne Port B 2 Sussex 2 Chichester C 2 Horsham B 2 Midhurst B.. 2 Lewes B 2 Shoreham B 2 Bramber B 2 Steyning B 2 East Grimsted B 2 Arundel B 2 Westmerland 2 Appleby B 2 Wiltshire 2 Salisbury B 2 Wilton B 2 Downton B 2 Hyndon B 2 Heytsbury B 2 Westbury B 2 Calne B 2 Vize B 2 Chippenham B 2 Malmsbury B 2 Kricklade B 2 Bedwyn B 2 Ludgershall B 2 Old Sarum B 2 Wotton Basset 2 Marleborough B 2 Worcestershire 2 Worcester C 2 Droitwich B 2 Evesham B 2 Bewdley B 1 Warwickshire 2 Coventry B 2 Warwick T. ; 2 Yorkshire 2 York C 2 Kingston upon- Hull T 2 Knasborough B 2 Scarborough B 2 Rippon B 2 Richmond B 2 Hcydon B 2 Borough-bridge B. ... 2 Thurske B 2 Aldburgh B 2 Beverley B 2 Pomfret B 2 CINQUE POUTS BAUONS OF. Hastings B 2 WinchelseaB 2 Rye B 2 Rumney B 2 Hycth B 2 Dover B 2 Sandwich B 2 WALES. Anglesey Bewmaris B. ... Brecknockshire . . Brecknock T Cai diganshire Cardigan T Cairmarthenshire Cairmarthen T. .. Caimarvonshire , . 333 CHARLES I. 1640, Steward, " That all :Members should take the Oaths of Allegiance A «■• and Supremacy, before him, or they could not take their Seats ^^ in the House." He also giv^es orders, " That if more were re- turned than there ought to be, none should be sworn, until it should be decided by the House who were duly elected ; and that no Earl's eldest Son should be called by the Title of Vis- count ; also, that the eldest Son of the Earl of Kent be not called Lord Ruthyn, but Lord Grey only." The King and Charles, Prince of Wales, are present. The King opens the Session, and the Lord Keeper, Sir John Finch, addresses both Houses. April 14. The Convocation begins at St. Pauls. April 15. Serjeant Glanvill, Speaker of the Commons, is accepted. The Commons being summoned to the Upper House, and informed by a " Quarter- ]Master AVaiter upon his jNlajesty, and not by the Gentleman Usher of the House of Lords, whose duty it was, that the King was staying for them to confirm the Speaker," they represent the impropriety, but obey the Sum- mons rather than make the King wait. A Bill is read in the Commons, and the House adjourns till the following jMorning, at Eight o'clock. (/) April 16. Lord Jlowbray is introduced and delivers his Writ to the Lord Keeper. He is placed at the upper end of the Baron's Bench. Lord Herbert de Cherbery is placed between Lord Powis and Lord Cottington. The Lord Keeper receives Aw Patent of Creation from Garter, and kneeling down, lays the same upon the Chair of Estate. He is then brought to his Place as a Baron. Lord Cottington, created since last Parliament, having never sat in the House, but having neglected to bring his "Writ or Cairnarvon T 1 Denbighshire 1 Denbigh T 1 Flintshire 1 Flint T 1 Glamorganshire .... 1 | Pembroke T 1 Cardifte T 1 Mo7itgomeryshire .... 1 Merionethshire 1 Montgomery T 1 Pembrokeshire 1 Badnoi shire 1 Hartfordweston T 1 ' Radnor T 1 It will be observed that in eleven instances there are supernumerary returns, amount- ing to 12 Members, so that the Members for England, including the Cinque Ports, weie 476, and for Wales 24„ total 500. (/) The old practice of Parliament was to meet at R and rise at 12, that the Com- mittees on whom the greatest burden of the business lay, might have the afternoons for their preparation and dispatch. It was not thecustoni to enter upon any important business in the first fortnight, both because many members used to be absent so lorg, and that time was usually thought necessary for the appointment and nomination of Committees, and for other Ceremonies and preparations that were usual ; but there was no regard now to that Custom, and the appearance of the members was very great, there having been a large time between the issuing out of the Writs and the meeting of the Parliament, so that all Elections were made and returned, and every body was willing to fall to the work. Much the greater part of the Members had never before sat. Clarendon II.. 44. Rushworth II., 1114, &c., is very particular in the details of this Parliament, sup- plying the principal Speeches, and, be-ides the lists of the Commons, a Catalogue of the Lords Spiritual and Temporal summoned by the King's Writ, (p. ll.ifi.) It appears, that, of 62 Earls, 21 had been made since the first of King James, and 22 since the first of King Charles ; of 5 Viscounts, 2 had been made by King James, and 2 by King Charles; of 51 Barons, 13 were made by King James, and 18 by King Charles. There were present also the King, Prince Charles, and the Duke of York, 1 Duke, (Buckingham), 1 Marquis, (Winchester), 26 Bishops, some Lords .is Privy Council- lors, though not Peers of England, such as the King called for his assistance ; and, sitting on the Woolsack, all the Judges, the Barons of the Exchequer, 4 Masters in Chancerv, the King's learned Council, the Serjeants, the King's -Mtorney-Goneral, and the Officers of the Upper House, the Clerk of the Crown, the Cleik of the Parlia- ment, the Usher, the Yeoman Usher. CHARLES I. 337 Patent, is excused. It is Ordered, That this shall not he a Tre- 1640. cedent' beinir done out of favour to him. , „ , , .. \n' It is Moved, That, in repu-d the Convocation House doth sit ^» To-morrow, tlie House do adjourn till Saturday. This is not Ar/reed, IJec-ausc the High Court of Tarliament is not subordinate to anv other, but, on account of the Lord Keep- er's ill health, such adjournment may take place, April 18. The Lord Chief Justice of the Kings Bench is appointed Spcakei; during the Lord Keeper's Absence, by Com- mission from the King. ,,, -i. Lord Viscount Campden delivers his Writ. His Highness the Prince of Wales' Writ is read. Lord Audley comes in upon Restitution. His Patent, ot 3 June, !) Car. is' read. He is placed above Lord Strange. Lord Cottington's Patent is delivered, but not read. A Committee is appointed on the use, in the Prayer Book ot the House, of the words "Thy Catholick Church of England, which, as understood of the Catholick Faith professed by the Church of England, are aUowed to stand. ^ ,^ „ , The Sneaker of the Commons makes a Report of the Speeches delivered bv the King and Lord Keeper, which is entered on the Jimrnals, with the Proviso, " That it was done by his Majesty s Special Command, and shall be no Precedent to following Sneak- ers, but upon like Special Command, or the desire of the Tnt Debate upon "Grievances," Mr. Pym divides them into three Classes ; First, into those, which, during these Eleven Years' interval of Parliaments, are against the Liberties and Privileses of Parliament : Se.coiully, Innovations in Matters ot Religion: Thirdly, Grievances against the Property of our Inquiry is made into the Proceedings against IVIembers of the last Parliament, and the affair of Ship Money. . „ . -i „^„ Amil 20. The Lords direct the Grand Committee of Privi eges to consider the Oath of Allegiance before their Lordships take it. The Commons Resolve, "That the Speaker refusing to put the Question, the last day of the last Parliament, on a verbal com- mand from his Majesty, signified to this House by the Speaker, to adjourn, and no adjournment made by this House, is a bieach of the Privilege of this House." , . ,^ . ^ ^ ^, , • !„..„„ They make a Representation to his [Majesty of that violation of their Privileges. „ „ , . c Anril -n The Lord Archbishop of Canterbury reports from the Grand Committee ; " The ordinary days for the Convocation of the Clergy to sit, are Wednesday and 1-nday, from 8 or 9 till 11 ; but thSy may sit on any days, or at any hour, so it be with- out prejudice to this Honourable House. But this House is alwavs free to sit or not upon Convocation Days, as thev see raiis'p and the Lords Spiritual are ever to move by the Eortl Keeper, upon Tuesdays ind Thursdays, Whether this Honour- able House will sit the day following or not, that so they may dispose of themselves and their Affairs accordingly. Bv Command, the Speaker and Commons attend the King m the Banquetting House, Whitehall. The Lord Keeper urges them to hasten the Supply. ^ ^ . ^ ., V5„„„i,, The Commons Resolve to prefer Grievances to the ^"PP/J- April n The Earl of Strafibrd is introduced, and delivers Ap his Patent. X X 338 CHARLES r. 1610. In the Commons, Mi\ (ilinne reports from the General Coni- A. R. mittee of Grievances, " That it is present etl to them by the 16 Knights, Citizens, and Burgesses, that the Ship Money is com- j)laiiie On a Conference, the Lords Answer, That such Peers as shall be desired, shall be examined by themselves, and all Assistants of their House, when required, shall be examined upon oath, in presence of such Members as the Commons shall depute. Dec. 4. The Houses approve of a Cessation of Arms, between the two Kingdoms, for a month longer. In the Commons, Ordered, Whoever does not take his Place, or moves out of it, to the disturbance of the House, shall pay 12^., to be divided between the Serjeant and the Poor, and who- ever speaks loud, &c., the like. Dec. 5. Resolved in the Lords, That the Lord General be desired by Message from this House, to remove all Command- ers, &c. which are Papists, or suspected, and to put Protestant Officers in their Place; and his Majesty to be moved for it. Motion is made for restoring Malton and Allerton, which foi*- merly sent. Dec. 7. Resolved, The Charge of Ship-Money is against the Law of the Realm, &c., and the Petition of Right. Resolved, The Extra-judicial Opinions of the Judges published in the Star Chamber, &c. are the same. Resolved, The Judgment against IMr. Hampden, &c., the same. Dec. 8. Repo7't is made on New Windsor. Question whether Election in the Inhabitants in general, or in the INIayor, Bailiffs and some few of the Town. The Place was incorporated by name of Mayor, Bailiffs and Burgesses, in Edw. 4. Sir Thomas Row and Mr. Waller are chosen by the Mayor and Special Officers. In Edw. 4 time, the Return was by Mayor, Bailiffs and Burges- ses. In later time, by Mayor, Bailiffs and Commonalty. The Charter being an Incorporation of Inhabitants, they of right ought to choose and not the special men. Resolved, The In- habitants of the Borough of Windsor have all generally Right to Election of Burgesses, &c. Dec. 11. Ordered, The Towns of Malton and Allerton to be restored, &c. Dec. 15. The Lords consider, whether the Lord Montague and other Lords Recusants being indicted for Recusancy during the sitting of Parliament, it is to be held as a Breach of Privi- lege. An Order is made that the said Lords shall be allowed their Privilege and the Indictments be stopped during the continu- ance of the Parliament. In the Commons, it is Resolved, The Clergy of England con- vented in any Convocation, Synod or otherwise, have no power to make any Constitutions, Canons, or Acts whatsoever in mat- ter of Doctrine, Discipline or otherwise, &.C., without common consent of Parliament. Resolved, Those lately made, with the King's Licence, do not bind the Clergy, Laity, &c. Dec. 16. The Commons farther Resolve, "That such Constitu- tions, &c., contain many matters contrary to the King's Pre- rogative, the fundamental Laws and Statutes of tiiis Realm, the Rights of Parliaments and the Property and Liberty of the Subject, and are matters tending to Sedition and of dangerous consequence;" also, that the several Grants made by the Clergy in Convocations and Synods, are contrary to the Laws, and ought not to bind the Clergy." CHARLES I. 345 Dec. 13. It is Ordered \\\ the Lordx, That the Order of the 164-0. Houso he kept, thiit none hut Earls and the liords' Committees *• ['• do sit at the Table in the I'ainied Chamber at a Conference, and '^ that then, the Judges be not covered. A Committee of the Commons takes into consideration the Breaches of Privilege in the lust Parliament, and that, 3 Car ; Tlicv accuse Fiaud, Archbislio]) of Canterbury, of High Treason; also, (Dec. 19), the Bishop of Kly, of Idolatry and Superstition ; also, (Dec. 22), tiie I^ord Keeper of High Treason, (who is sequestered Parliament), and Six of the Judges j also, (Dec 24), the Bishop of Bath and Wells. Dec. 21. In the Commons, the Lord Keeper desiring to be heard on certain complaints against him, is admitted, and addres- ses the House. Onleird, That this Admission be not drawn into a Precedent for future times. Resoh^ed, That he be impeached, &c. Dec. 22. The Lord Chief Justice liitlleton, by the King's Commission, supplies the Speaker's Place in the Lords. The Lords direct that Precedents shall be found of the man- ner of proceeding against Peers. Dec 23. In the Commons, two Subsidies (additional) are voted, to such uses as the House shall appoint, awl to be received by Com- missioners named by them. Dec. 29. The Lords Resolve, That no Lord, who is a Mate- rial Witness, shall sit as a Judge in the same Cause. Dec. 30. ^Mr. Vaughan, being of Counsel in a Cause depend- ing in the House of Lords, before he was a Member of this Parliament, obtains Leave from the Commons, to be still of Counsel in the same Cause. Dec. 31. It is Ordered in the Lords, That the former Order shall have full force, concerning Protestation upon Honour. Ordered, The Dowagers and Widows of Hecusant Lords, not convicted, shall have Privilege of Parliament. Ordered, That every liord do sit in his Place. January 1. (Friday.) In the Commons, An Act for the County iQi\, Palatine of Durham, &c., is read a second time and Committed, a. r. Jan. 5. The Commons declare a constant Bule, "That Mr. la Speaker is not to go to his Chair, till there be at least Forty Members in the House." Jan. 7. By Command of his Majesty, the Earl of North- umberland, General of the Army, reads a Letter from the North, on the AVants of the Arm}'. Jan. 11. The Lords con4der a Bill concerning buying Places of Judicature, and receiving Pensions from Foreign States. Jan. 12. The Lords Resolve to request his Majesty, That the Judges may have their Patent, " Quamdiu se bene ges- serint," and not, " diu'ante bene placito." The Commons Order, That the Chairmen do set up Notes every day where the several Committees are to sit. Jan. 13. Henry Pierpoint de Holme Pierpoint, Chivaler, is introduced on Writ, (11 Jan., \U Car.), and is placed next above Lord Brudneil. Jan. 14. His Maje.sty "graciously condescends " as to the Judges. Jan. 15. The King claims the Baronies of Hastings and Ruthin. Jan. lij. The King recommends tlie Anabaptists to the Justice of the Lords. 346 CHARLES I. 1641. The Lords direct Sir John lienthall to take care that these •*• "•• Persons appear betbr their House on Monday. 16 Ordered, That Divine Service shall be ]jerformed as appoint- ed by Acts of Parliament, and no Rites or Ceremonies other than those established by the I^aws of the Land; and all such as disturb, &c., to be punished. Jan. 18. The Sectaries are admonished hy the Lords, and are commanded to repair hereafter to their several Parish Churches, or be severely punished according to Law. Jan. li). A Bill (read first Dec. 24) "For preventing Incon- veniences by the long Intermission of Parliaments," is again read, and ordered by the Commons to be Ingrossed. On the next day it passes. (/) Jan. 20. The Lords receive a Subsidy Bill and the Triennial Act, from the Commons. They Resolve, That all Records of Ship Money shall be vacated. Jaiu 21. The Commons exclude four Members as jNIonopolists, and Order new Writs. Jan. 23. In the Lords. Report is made on a Conference touch- ing the Reprieve of Goodman, condemned for High Treason. Jan. 25. The King addresses both Houses at AVhitehall, "He foresees the great Inconveniences that may arise by the slow pace of this Parliament in those businesses that most im- port the welfare of this Kingdom, therefore lays before them the state of affairs, to quicken not to interrupt their Proceed- ings," &c. " Know that I shall readily concur with you to find out and reform all Innovations in Church and Commonwealth, and consequently, that all Courts of Justice shall be regulated according to Law j my intention being to reduce all matters of Religion and Government, to what they were in the purest times of Queen Elizabeth. IMoreover, what Parts of my Revenue shall be found illegal or grievous, I shall willingly lay down, relying entirely on the Affection of my People." " I must tell you, however, That I make a great difference betwixt Reformation and Alteration of Government; though I am for the first, I cannot give way to the latter. The Bishops may have overstretched their Power, which if you find, correct and reform the Abuse according to the wisdom of former times ; and so far I am with you. Nay, farther, if you shall shew me that Bishops have some temporal Authority, inconvenient to the State and not necessary to the Church for the support of Epis- copacy, I shall not be unwilling to persuade them to lay it down. Yet I cannot consent to the taking off their voice in Parliament, which they have enjoyed under so many of my Pre- decessors, even before the Conquest, and ever since ; and which, I conceive, I am bound to maintain, as one of the Fundamental Institutions of this Kingdom." " There is a Bill given in for frequent Parliaments. The thing I like, that is to have often Parliaments, but to give power to Sheriffs and Constables and I know not whom, to do my Office, that I cannot yield. (l) The Bill of Subsidies, and that for Tricnni.il Parliaments, .ire sent up to the Lords together. They both (juickly |)ass, and are transmitted to the Kinj;. Clareiidmi, II !,()!>, says the King made no jjause in passing the Subsidy Bill, hiDiscIf nut comiili/ing t/te consequence of it, and none about him having tlie cuur.age to represent it. I'rom that time, all Money Bills were disposed of in the same maimer. See Pari. Hist. IX. 1,'')7, and Rushwortli, II. l.'iU, &c., for Lord Dighy's and Sir B. Kudyard's Speeches on frequent (Triennial) rarliaments. CHARLES I. 347 "But I am content you shall have an Act for this purpose, 1641. but so reformed, that it trench not ujjon my Honour, nor u|)on *• h. the inseparable Right of the Crown concerning Parliaments. •'^ 1 have commanded my learned Counsel to wait on you, my Ijonls, with such Propositions to this j)urpose, as I hope will give contentment; for I ingenuously confess, that frequent Parliaments are the best means to ]n-eserve that right under- standing between me and my Subjects, which I so earnestly desire." Jan. 27. Robert Rich, de leez le Rich, Chivaler, is introduced on Writ, (26 Jan., 104 1), and placed next above Lord Wharton. J(in, 2!). Ordered in tlie Commons, A Warrant for a new Writ for Sarum, instead of jNIr. Herbert, Solicitor when returned, and now Attorney-General to his Majesty, and in that respect, to sit as Assistant in the Lords' House. Jan. 'SO. Two Persons, who, " sitting the Parliament, have ploughed uj) a Warren of Lord IMounson, a Member, to the breach of the Privileges of this House," are sent for, by the .Conmions. Feiiruari/ 1. {Monday.) The Judges give their unanimous oi)inion, concerning the Titles of the Baronies, Hastings and Ruthin, " That there cannot be a ' Possessio Fratris ' in point of Honour." Resolved in the Lords, "No Peer of this Realm can drown or extinguish his Honour, but that it descend to his Descendants, neither by Surrender, Grant, Fine, nor any other Conveyance to the King." Feb. 3. The Lords pass, with some Amendments, the Bill to prevent too long Intermission of Parliaments, and send it down to the Commons. All the Bishops forbear to vote on the Earl of Strafford's Cause. Feb. 4. The King declares, " That he reprieved Goodman, the Priest, as he is informed that neither Queen Elizabeth, nor his Father, did ever avow that, in their times, any Priest was executed for mere Religion, as in this particular Case. Yet, seeing he is so pressed by both Houses, he doth remit tliis case to them. The Lords renew the Cessation of Arms with the Scots. The Commons Resolve, That Seaford, having sent to three several Parliaments, in former times, shall be restored. Francis iNevill, Esq., a Member, having after the last Dis- solution, answered before the Council Board, against Members of the House, words spoken by them in Parliament, upon which they Avere committed to Prison ; for his great offence and breach of Privilege, is committed to the 'J'ower during pleasure. Sir W. Savill, for the same offence, is sent to the Fleet. Feb. 5. The Lords Resolve, That Charles Longevile, Esq., shall be admitted to the Title of Lord de Grey, and bis Majesty be informed thereof. Feb. 9. The Lords Resolve, That the Judgment in INIr. Hamp- den's Case concerning Ship Money and the Extrajudicial Opini- ons of the Judges shall be vacated. It is moved in the Commons, " Whoever shall call any Member to the Bar, upon unjust occasion, shall have a good P'ine." Feb. 10. Lord de Grey is introduced by Writ, (6 Feb. IG Car.) The King is present. It is Ordered, That the Lords employed by his Majesty con- 348 CHARLES I. 1G4I. cerning the Propositions, shall give this House an Account -*• «• thereof. 16 j'^j. 11, The Commons Order, That a Member of this House shall be permitted by the Benchers of the Middle Temple, to take the Oaths of Supremacy and Allegiance, and be dispensed with for keeping his vacations during Privilege of Parliament, and after the Parliament, shall do his Exercise, and not lose his Seniority. Feb. 12. The Commons impeach Sir Kobert Barckley, Knight, one of the Judges of the King's JJench. Proclamation is made for Lord P'inch's appearance, late Lord Keeper, to answer the Commons' Accusation of y igii Treason. Feb. 13. The Lords' Amendments to the Triennial Bill are Ordered in the Commons to be Ingi'ossed, without Committal. Feb. 15. The Bill is passed and carried up. The Commons Resolve, That the Borough of Cockermouth shall be restored. Resolved, A new Writ for Bossinny, and six days' notice to be given to the Electors, after the Precept is received. Ordered, A Person to be sent for as a Delinquent, for speaking scandalous words against a Member. Feb. 16. The Royal Assent is given to the Bill for Triennial Parliaments. The Lords send a Message to the Commons, " They are so full of joy for his Majesty's gracious Answer to the Bill, they desire this House will join in expressing their most humble Thanks. They will intimate to his AJajesty, that there may be Hinging of Bells and Bonfires through the whole City. The Commons heartily accede, {m) The Triennial Bill. " Whereas by the Laws and Statutes of this Itealni, a Parliament ought to be holden at least once every year for the Redress of Grievances ; but the appointment of the time and Place for the holdinij thereof hath always belonged, as it ought, to his Majesty, and his Royal Progenitors; and where- as, it is by experience found, that the not holding of Parlia- ments accordingly, hath produced sudden and great mischiefs (m) This Triennial Act, " For preventing of Inconveniences happening by the long Intermission of Parliaments," Stat. V. 54 — 16 Car. c. I. — evidently had in view the Interval between the calling of Parliaments, rather than the duration of Parliaments themselves, though this made a part of the Statute. It warranted an Inteimission of threeyearsshortoftifty days at least: nay, if strictly interpreted, an Inteimission of Three entire years, since no new Parliament need be called till three years had expired from the last day of the last meeting. The Provisions of the Act do not, therefore, meet the requirements of the Preamble for the holding of a Parliament at least once a year. The duration of this Triennial Parliament might be only tifty days, or it might be less, by assent of his Majesty, and of both Houses in Parliament assembled, or it might be continued, by adjournments or prorogations, for Three years, but could not extend beyond this term. Lord Digby, in his Speech, Rushworth, II. 1352, fully explains the meaning and in- tention of this Act. " Let no man object any derogation from the King's Prerogative. We do but jiresent the Hill It is to be made a Law by him. His honour, his power, will be as conspicuous in commanding at once that a Parliament shall assemble every third year, as in commanding a Parliament to be called this or that year. I doubt not but that glorious King Edward the Third, when he made those Laws for the yearly calling of a Parliament, did it with a right sense of his dignity and honour." Clarendon, 111. 93, says, " Since it was evident that great inconveniences had befallen the kingdom by the long intermission of these Conventions, and that that inteimission could not liave hajipened if there had not been some neglect of what had been settled by former Laws, there w.is some colour of reason for those Clauses, by which the Crown could in no case suffer but by its own defaults " I'his Act was repealed. Hi Car. 11., " as in derogation of his Majesty's just Rights and the Prerogative inherent to the Imperial Crown of this Realm for the calling and assem- bling of Parliaments, and as it mialit be an occasion of m;mifold mischiefs and incon- veniences." CHARLES I. 349 and inconveniences, In time to come, be it enacted, that the 1G41. said Laws and Statutes shall be henceforwainl duly kept : a. ii. That it'a Parliament be not summoned and assembled before the JC 3d of Sept. in ever)' Third year, then a Parliament shall assemble and be held on the 2(1 ^Monday in Nov. following : That if the Ijord Chancellor shall fail to issue out Writs, pursuant to the directions of this Act, then the Peei's of the Realm shall meet at the usual place, at the (^Id Palace of Westminster, and they or any twelve, or more, shall issue out AVrits in the King's name ; That in case of default by the Peers, the Sheriffs, JNIayors, Bailiffs, &c., shall cause Elections to be made : And, in their default, the Freeholders, Citizens and Burgesses, shall proceed to the Election of Knights, Citizens and Burgesses, in such manner as if Writs of Summons had been duly issued : That no Parliament henceforth to be assembled, shall be dissolved or prorogued within 50 days after the time appointed for their meeting, nor adjourned but by consent of either House respect- ively, who may aj)point each their Speaker. Feb. 17. The Lords make an Order for the production of Papers concerning Foreign Nobility, and Baronets of Nova Scotia, to debar them of any Place in this Kingdom. Feb. 19. The liords' Committees are to consider the Institu- tion and Power of the Star Chamber. Feb. 20. The Lord Keeper Littleton is introduced on his Patent and Writ, (I!) Feb., 10" Car.), as Baron of jMounslowe. Feb. 22. Sir Francis Seymour, created Baron de Trowbridge, is introduced, and delivers his Patent and Writ, (19 Feb., l(j Car.) He is brought in by the Lord Great Chamberlain, and the Lord IMowbraye, deputed I^ieutenant by the Earl Marshall, his Father, and placed lowermost on the Barons' Fonii. It is Moved, That Lord Mowbraye shew by what Authority he is his Father's Lieutenant. His INIajesty approves the Resolutions the Lords have taken concerning Four Propositions from the States, and desires their liOrdships to proceed in the Treaty. Feb. 24. 'I'he King, without his Robes, comes very unexpect- edly, to hear the Charge against the Earl of Straflbrd, and his Answer. The Lords are also unrobed. Feb. 25. The Judges that go the Circuits are discharged from attendance at the liords' Committees. Feb. 26. Sir John Bankes, Lord Chief Justice of the Com- mon Pleas, is made Speaker of the Lords, by Commission from the King, the Lord Keeper being sick. The Lords' Committee of Privileges are Ordered to consider. Whether a Peer of this Realm shall be tried for his Life out of Parliament. Feb. 29. The Lords Order, that the Records concerning Ship Money, &c., be vacated as against Slagna Charta, and that this Order be entered in the Joiunals. 'March 1. {Monday.) In the Lords, a Committee is appointed '' against Innovations in Religion.'''' In the Commons, a division occurs of 190 against 189. Alarch 5. In the Lords, Lord Andover moves to abolish the Star Chamber. Marchi). It is Moved, in the Lords, " That the Lords, at Commit- tees, do sit according to their Dignities, and the Order of the House." March 10. The Lords make an Order against Printing unli- censed Books. 350 CHARLES I. 164-1. The Commons Resolve, upon Question, " That the Legislative A. R. a"d Judicial Power of the Kishojis in the House of Peers in Par- 16 lianient, is a great hindrance to the discharge of their Spiritual Functions, prejudicial to the Commonwealth, and fit to be taken away by IJill ; and that a Bill be drawn accordingly." March 11. The Commons Resolve, " That, for Bishops, or any other Clergymen whatsoever, to be in Commission of the Peace, to have any judicial power in the Star Chamber, or in any Civil Court, is a great hindrance, &c. &c." March 12. The Commons Order, Martial Law to be set up, for Governing the King's Army in the North. March 13. The IVIarquis of Huntley, being the King's Ser- vant, is admitted to his Privilege. The Commons acquaint the Lords, " That, if, at any time du- ring the evidence on the Earl of Straflbrd's Trial, his Counsel shall interpose, the Members of this House appointed to manage the Evidence, must desist, because it will not become them to plead against Counsel." Alarch 17- The Commons ask a Conference on disbanding the new Irish Army, disarming English llecusants, and removing Papists from the King's Court. The Lords Agree " to disarm and remove English Papists." March 1!). It is Ordered, in the Lords, that the Ilecord be brought of the Trial of Peers, 4 Edw. III. and 1 Ric. II. A Committee is to consider, " Whether the Lords Bishops and Lords Tempoi"al, may give their Proxies in Cases of Blood." March 20. The Lords Order, " That for this time, and in this case, (Earl of Stratford's) those Lords that have Proxies of absent Lords, shall make no use of them, saving to themselves, the Rights of Peers." The Bishops declare, they likewise will not, at this time, make any Procurator for themselves, saving to themselves their Rights. March 22. The Commons Resolve, " That for Bishops, &c., to have employments as Privy Councillors at the Council Table, is a great hindrance, &c. &c." The Earl of Stratford's Trial commences in Westminster Hall. March 23. Both Houses advise his Majesty to disband the new Irish Army. 1G41. April 2. (Friday.) The Lords reverse the Sentence in the A. r' Star Chamber, against Lambert Osbaston, Clerk, and restore 17 him to his Church Preferment j as also that of the Bishop of Lincoln. April 6. The Commons Resolve, " That during this Session of Parliament, neither the King's Army, nor the Trained Bands of Yorkshire, shall advance, without special Order of his Majesty, by advice and consent of doth Houses of Parliament," April 10. The Commons consent to a Cessation of Arms with the Scots, for a month longer. April 14. The Earl of Bristol, by Command, signifies his INIajesty's desire, that the Scottish, English, and Irish Armies, may be disbanded, and all things put into a Settled Peace. In the Commons, a Bill is read, for the Reformation of Disor- ders and Abuses in the Election of Knights, Citizens, and Bur- gesses of Parliament. AjMl 20. The Commons Report, that the Proceedings on IMr. Pryn's Case were illegal. April 2G. Mr. llo'llis having said, "That some Propositions were dishonourable, and that this House hath not only cnlei-- CHARLES I. 351 taincd tlicm half-way, but embraced them" he is suspended the 1641. Commons' House during this Session of Parliament. a. a. April 'IT. A Bill is brought in to line the Members of the hite 1^ Convocation. l\[(iy 1. {Sntnrday.) The Bill (called the Root and Branch 15111,) for restraining Hlshops, and others in Holy Orders, ii-om intermeddling in Secular A iiairs, passes the Commons. It is argued, "that the Passing of this Act is the only EXPEDIKNT TO PRESERVE THE ChURCH." Mr. Hyde opj)oses it, " as changing the whole Frame and Con- stitution of the Kingdom, and of the Parliament itself. From the time Parliaments began, there had never been one Parliament, where the Bishops were not part of it. If they were taken out of the House, there would be l)ut two Estates left. There was nobody left to represent the Clergy, and yet they must be bound by the determinations, &c." ' Ordered, All INIembers of the Commons coming after Eight, shall pay 12r/., and if absent the whole day, 5.9., unless with License. May 3. Great INIullitudes of Citizens of I^ondon repairing to the Lords' House for an Answer to a Petition they had sent in, his jMajesty requires both Houses to take some speedy Course to settle tlie Peace, and prevent these Tumults. A Protestation, for the Defence of the Protestant Religion, is taken by the whole Commons' House, and sent up to the I^ords. The names of those who take it are entered on the Journals. May 4. Tlie I^ords approve, and take the Protestation. ^lay 5. The House of Commons send notice to the Lords of a Plot to dissatisfy the Army with the Parliament. The Commons Resolve, " That if any Man whisper, or stir out of his Place, to the disturbance of the House, Mr. Speaker shall present his name, and the House shall proceed against him." Ordered, That all jNIembers in Town, and not sick, do ajipear To-morrow, at Elglit, and their non-appearance shall be accounted a Contempt of the House, and no INIember shall leave Town, without special License. The King having (^lay 3) spoken in favour of the Earl of Strafford, the Commons insert a Clause in the Subsidy Bill, " That neither the passing of that Bill, nor any other, shall determi)ie the Session of Parliament." Ordered, That a Bill be prepared, " to declare and assure the Continuance of the present Parliament, from adjourning, proroguing , or dissolving, unthout consent of both Houses." May (>. It is Ordered, in the Lords, " That all Ports of Eng- land be forthwith stopped, saving the Lord xUlmiral's Juris- diction." In the Commons, The Bill for the Continuance of the Parliament is twice read, and, P. M., being Reported, with Alterations and Amendments, is, again, twice read, and Ordered to be Ingrossed. May 7- The Commons pass the Bill, and send it up. The Lords read and Commit the Bill. May Q. The Lords having proposed an Amendment, "That the time should be limited and not left indefinite, and that Parliament should not be dissolved within Two Years, except by consent of both Houses, that time being sufficient to provide against any Accidents that were then apprehended," they, on representation, are induced to abandon it ; and pass the Bill. May \(i. Certain Recusant Lords being willing to take the 352 CHARLES I. IG41. Protestation, so far as concerns the Civil Part of it, so that they *• R. might be dispensed with for the Mutter of Religion ivhich binds their 17 Consciences, the Lords give way- The Lord ^Marquis of Winchester, Earl E-ivers, and Lord Audley, make Protestation accordingly. The King, bi/ Commission, gives his Royal Assent to the Bill for the Attainder of the Earl of Strafford, and to the " Act for preventing inconveniences lohich may happen by the untimely adjourning, pro- roguing, or dissolving of this present Parliament." (n) In the Commons, Mr. Pym having acquainted the House, " That there were divers Informations given of desi)'3rate designs, hoth at home and abroad, against the Parliament, and the Peace of the Nation, and that the Persons engaged therein are under an Oath of Secrecy : That there is also an endeavour to disafFect the Army, not only against the Parliament's Proceedings, but to bring them up against the Parliament to overawe ihem : That there was also a design against the Tower, and endeavours used for the Karl of Stratford's escape : That these combinations at home have a correspondency with practice abroad ;" This day, all the jV venues to the Parliament House are searched, on the apprehension of a Plot. The King writes for a Respite of Lord Strafford, which is refused. May IL The Lords name a Committee, to open all Foreign Ijetters. May 12. The Lords pass the Subsidy Bill, for the further relief of his Majesty's Army, and the Northern Parts of the Kingdom. Harwood and Drinkwater, for Contempt of the House of I^ords, (n) Stat. V. c. VIT. p. 103. See the Act to prevent inconveniences which may happen by the untimely proroguing and dissolving the present Parliament. " Be it eriacteii and declared, &c., that the present Parliament shall not be dissolved unless it be by Act of Parliament to be passed lor tint purpose ; nor shall be at any time or times during the continuance thereof prorogued or adjourned, unless by Act of Parliament, and the Houses shall not be adjourned unless by themselves, or by their own order." Rush- worth, II. 1382. See Pari. Hist. IX. 272, for observations on this assent of the Kmg. Together with the Bill of Attainder, says Clarendon, III. pp. 86-89, another Bill was passed by the King, of almost as fatal consequence to the King and Kingdom, as w.is that of the Earl. This motion, which was to remove the Landmarks, and to destroy the foundation of the Kingdom, met a universal reception and concurrence. ,\ Com- mittee was immediately appointed to prepare a Short Bill, which, in less than an hour, was brought into the House, twice read, and committed ; an e.Kpedition scarce ever heard of before in Parliament. The ne.\t day it was engrossed, and carried up to the Lord?. After this Act, the Commons took miicb more upon them in point of their Privileges, than tliey had done, and more undervalued the concurrence of the Peers, though that Act neither added any thing to, nor extended their jurisdiction : which jurisdiction the wisdom of former times kept from being limited or defined, there being then no danger of excess; and it being much more agreeable to the n.iture of the Supreme Court, to have an unlimited Juri diction. But now, they called any power they pleased to assume, ''a Branch of their Privilege;" and any opposing or (picstioning that power, " a Breacli of their Privileges," and they were the only proper Judges of their own Pri- vileges. On the yth of May ( Sunday), the King having many Scruples of Conscience concern- ing the Bill of .Attainder, took the advice of his Privy Council, at Whitehall See the opinions then advanced, Pari. Hist. IX. 271. But a Letter from the Earl of Stralford to the King, seems to have determined him. In this, the Karl says, " 1 do most humbly beseech your Majesty, m prevention of mistakes, which may happen by your refusal, to pass this Bill, and by this to remove (praised be God, 1 cannot say this accursed, but 1 confess) this unfortunate thing, fiirth out of the way, towards that blessed Agreement which God, 1 trust, shall ever estiUilish between you and your Subjects. Sir, my consent shall more acquit you herein to God, than all the world can do besides. To a willhig man there is no irijury done." On May 11th, the King, in a Letter by his own hand, earnestly desires a Respite lor the I'.arl," but the Lords refuse to comply. On the fol- lowing day (12th) the Larl is beheaded. CHARLES I. 353 are sentenced to the Pillory, wearing a Paper on their Heads IG-H, " For disobeying and using scornful Speeches against an Order of a. n. the Upper House of Parliament." '''' May 13. The King attends, the l^ords being in their Robes of State. He gives his lloyal Assent to the Subsidy Bill and 2 others. May 14. Lord St John, of Bletso, is introduced on Writ, and placed next below Lord Hunsden. The Lords' House is called, from the youngest Baron upwards. The Commons Order, That their House shall meet at Seven. May 20. Edward Barlow, a liomish Catholic Priest, is appre- hended, and by the Lords committed to the Common Gaol of J^an- caster, with an Order to proceed against him at the next Assizes. By desire of both Houses, the King gives the I>ord Lieuten- ancy of Yorkshire to the Karl of Ksssx ; for which the Lords return Thanks. May 21. In the Commons, it is Ordered, That the Knights, Citizens and J?urgesses do give an Account, with speed, of the names of such Popish llecusants as are in their several Counties. Two Divisions occur of 53 against 48, and of 78 against fif). Sir Edward Bering brings in a Bill, " For the utter abolish- \x\(f of all Archbi.4iops, Bislio]is, their Chancellors and Comis- saries; Deans, Deans and Chapters ; Archdeacons, Prebendaries, Chanters, Canons, and all other their Under-OtHcers." It is moved with great warmth, "That the Bill might not be read," "That it was against the Custom and Rule of the House that anv Private Person should take upcm him, without having first obtained the leave and direction of the House, to bring in a new Act, so much as to abrogate and abolish any old single Law; and therefore, that it was wonderful presumption in that gentleman, to bring in a Bill that overthrew and repealed so manv Acts of Parliament, and changed and confounded the whole Frame of the Government of the Kingdom." Other Members press that it ma^- be read, which is done accordingly. No Question being put, the Bill is dropped. May 2-i'and 25. The Lords Debate on the Bill for restraining Bishops, &c., from intermeddling in Secular Affairs. They Resolve, (1) That the Archbishops and Bishops shall have suffrage and voice in the House of Peers i?i Parliament. (2) That the Archbishops and Bishops shall not have suffrage and voice in the Court of Star Chamber, when they are called. (3) That no Archbishop, or Bishop, or person in holy orders, shall be a .Justice of the Peace. (4) That no Archbishop, Bishop, nor other, &c., shall be of the Privy Council to the King, or to his Successors, (o) They desire a Conference with the Commons on the Subject. May 27. In the Comrnons, a Bill "for the Extirpation of Epis- copacy'''' is twice read and Committed to a Committee of the whole House. Mr. Taylor, a Member, saying, " that the House had not his consent to pass the Bill of Attainder of the Earl of Strafford, for that it was to commit Murder with the Sword of Justice ;" by a Resolution of the House, he is committed to the Tower, and declared incapable of ever being a Member of that House. (o) See Pari. Hist. IX 291-327, for excellent Speeches by Bishop Williams and Lord Newark against the Bill. 354 CHARLES I. 1641. May 28. On the humble request of liOrd Kymholton, the A. a. Lords allow him to petition the House of Commons, concerning *7 some Lands, with a Savinj^ of the Privileges of the House, it beinj? done with I>eave first obtained. It is Ordered by the Lords, That no Petition shall be received until the further pleasure of the House be delivered by Order, excepting only Publick Petitions, and such as concern the Privi- leges of this House, and the Peers and Members of Parliament. In the Commons-, tlie Committee on Episcopacy sits. Mr. Hyde is put in the Chair, " That he might not y'lve them trouble hij frequent Speaking, and so, too much obstruct the ex}yediting of the Bill." After a debate of Seven hours, it is JResaloed, " That every day as soon as the House is resumed, the Chairman sliall Report the several votes of that day, which the House shall determine before it rises." (p) Mag 29. The Cammatis Report the National Debt to be £77:^,900. June 2. (Wednesday.) The Lords Order, That the Committee for Petitions shall dismiss such as are proper to be relieved in Courts of Justice, and retain those that are without Remedy in any other Place, but in Parliament, A Bill is brought in to the Commons, "For better enabling Members OF Parliament to discharge their Consciences IN the Proceedings of Parliament." On the Report of the Bill of Tonnage and Poundage, the Commons Resolve, " That this Grant of the Subsidy shall be to certain Commissioners, for the use of our Sovereign Lord, the King." June 3. Report is made in the Commons, from a Conference with the Lords on the Bill for Restraint of Bishops, cVc. "Tlie Lords conceive that we understand not unlawfulness by any Law to have votes, but Convenience or Inconvenience. If we had thought it absolutely unlawful, we should not have excepteord Chief Justice of the King's Bench. The Commons adopt Resolutions on the Breaches of Privileare. 3 Car. {t) ^ A i\I otion is refused, " That a Member, at his own request, may decline his Election, and a new Burgess be chosen in his stead." July 9. The Commons Resolve, (1) That all I^ands, Possessions, and Right of all Deans, and Deans and Chaptei-s, shall by this liill be committed to the hands of Feoffees, to be nominated in the Bill. (2) That all the Lands and Possessions of all the Archbishop- ricks and Bishopricks of England and Wales, except the Im- propriations and Advowsons, shall be given to the King. (.4) That all the Impropriations and Advowsons, &:c., shall be committed into the hands of Feoffees, as the Lands of Deans and Chapters. July 10. It is Resolved, in the Commons, " That a competent Maintenance shall be allotted out of the Lands, &c., of the Cathe- dral Churches, for a fit num])er of Preaching jNIinisters, for the service of every Church, and a ])roj)ortionable allowance for the reparation of the said Churches ;" also, " That such Ecclesiastical Power as shall be exercised for the Government of the Church, shall be transferred into the hands of Commissioners to be named in the Act." July 12. Thomas Payne, an Attorney, who told the Earl of Thanet, " It was false and a Lye," is committed to the Custody of the Gentleman Usher, &c. (f) Rushworth, I. App. 56. 360 CHARLES r. 1641. A Bill of Tonnage and Poundage passes the Lords. A. R. lleport is made to the Lords of his JNIajesty's Answer respecting 17 " 111 Counsellors." " His Majesty knows of no 111 Counsellors ; which should both satisfy and be believed, He having granted all hitherto demanded by Parliament ; nor doth he expect that any should be so unadvised, as, by Slanders or any other ways, to deter any that He trusts in Publick Affairs, from giving him free Counsel, especially, since Freedom of Speech is always demanded, and never refused to Parliaments.''^ The King explains, that by Slander, He does not mean it of either House of Parliament, or any Member thereof In the Commons, it is Ordered, " That in all Parochial Churches of England and AVales, where there is on the Lord's Day no Preaching in the Afternoon, if the Parishioners will maintain a Conformable Lecturer at their own charge, the Parson or Vicar shall give way, unless the Parson will preach himself." July 13. The Lords Resoh-e, That the Commission and In- structions of the " Court of York," are illegal in the Creation and Execution. The Speech of Lord Digby, on passing the Bill of Attainder against the Earl of Strafford, having been printed and published, It is Resolved, in the Commons, " That the publishing that Speech by Lord Digby, after a Vote passed in this House on the said Bill, is scandalous to the Proceedings of tliis House, and a Crime." Ordered, The Book to be burnt by the comm.on Hangman. Ordered, No Member of this House shall either give a Copy, or publish in print any thing that he shall speak here, withotit leave of the House. A Division takes place, Yeas 114, Noes 128. Resolved, To move the Lords to petition his Majesty to forbear to confer any Honour or Employment on Lord Digby, who has deserved so ill of Parliament. July 15. The Lords pass an Act for Confirmation of the Sub- sidies granted by the Clergy. The Confirmation, subscribed by the Clerk of Parliament, " Soit bailie aux Communs," is sent down to the House of Commons. The King, at the Lords' request, having consented to receive Committees of both Houses touching the Queen's Journey, who, if he pleased, was to be present, appoints Four o'clock this day, in the Banquetting House, "Whitehall. July 17. The Queen answers the Petition of both Houses, that she would not go out of the Kingdom, "Nothing but her health would make her resolve of this Journey." She finally (21) resolves to stay. July 19. Hawell, a "Warden of the Tower, being arrested, de- sires Privilege as the King's Servant. The Lords refer it to a Committee. The Gentleman Usher is, by Order, to take care that no People are admitted into the Lords' House, Morning or Afternoon, be- fore the House sits. July 20. The Commons add Five Propositions to their Former Ten. The Lords approve them, and the King (finally) assents. Ordered, All that are gone out of the House in this disorder, to ?ay 2s. a piece to the Poor, and certain JNIembers to go up to the 'ainted Chamber to take the names of such as had gone thither, and would not come in on Summons. The Commons send up an Impeachment against the Bishop of Ely, and a Declaration against Inigo Jones, for pulling down St. Gregory's Church, near St. Paul's. CHARLES I. 361 July 21. The Lords appoint a Committee to consider of a 1641. better Maintenance for the Puny Judges. ■*. a. His Majesty consents to Five of tlie Propositions. Tlie Lords' Order, at tlie desire of tlie Commons, "That this House shall not llesolve of anv llecess, unless there be two days' warnin" to debate it, and it be moved in the Morning, so that there be a full House, and that before a llecess be resolved on, there be a Conference with tlie House of Commons." Ordered, That the Dean and Prebendaries of Durham, on sight of this Order, do forthwith present Peter Smart, M.A., Senior Prebendary of Durham, according to custom of the said Church, unto "the Vicarage of Aycliff, &c. &c., and restore him to the Fourth Prebend of Durham. July 22. Ordered, All ^Members are enjoined "to deliver out no Copv or Notes of anv thing in the House propounded or agitated." Ordered, All Stationers and Printers, and others, to take the names of Persons bringing any tiling to be printed, sold, or uttered, and of the Authors. _ - Ordered, That thev be ready, from time to time, to give ac- count of such Persons, or be subject to the same Penalty as the Authors. , . . . J . . ^, Jnly 23. The Commons desire the Lords to jom m desiring tlie City 'of London to make them a Loan of £40,000, besides the £13,000 latelv received. . July 24. In the Commons, a Bill is twice read and committed, concerning Printing, Importing, and Allowing Books. Resolved, "Mr. llenrv Percv and others did conspire to draw the Armv, and emplov it against the Parliament, by force and dread to' compel the said Parliament (of INIarch and April last) to agree to certain Propositions, and to hinder and interrupt the ProceediiT's, &c." July 20." The Commons Order, That no Publick Bill shall pass but between the hours of Nine and Twelve, and that if any man move the Members contrary, he shaU incur the Censure of the House. ^ Juh/ 27 Tlie Lords read a Rill twice, For preventing vexa- tious Proceedings touching Knighthood. It passes on the 31st. The King sends a Message concerning a Regency during his Absence in Scotland. An Act jiasses the Commons, declaring the late Proceedings touching Shipmoney, to be unlawful and void. Julv 20. The Lords reject a Bill, " For securing the true Relig'ion, the safetv and honour of his IMajesty's Person, the just Rights of the Subject, and the better discovery and Punish- ment of Popish Recusants." ... The Commons Resolve, " To desire the Lords to join m a Petition to his IMajesty, that he will be pleased to grant a Com- mission to One or more Persons, as Custos Kegni or Locum Tenens, during his Absence, and especially to grant a Power to give the Royal Assent in Parliament, and do such other things as the King might do in Parliament, such Commission not to determine tfll his Majesty's return to the Cities of London or Westminster, or he be present in Parliament." Jtily-60. The Commons Resolve, "That whatsoever Person shall not take the Protestation, is unfit to bear oflice in Church or Commonwealth." . Resolved, That a Bill be brought in, " That no man who will not take the Oath of Alleyiance and Supremacy, shall give a Vote 3 A 362 CHARLES r. 1G11, in any Parliament in England, in matter of Religion and Church A. 11. Government.^' 17 August 2. {Monday.) The I^ord Keeper of the Great Seal, Speaker, takes tlie Protestation. The Lords desiring a Conference, the Commons answer, " That Avhereas this House hath received a ISIessuge from your Lord- ships for a present Conference, without any expression of the subject or matter of that Conference, which is contrary to the constant course of either House, therefore, this House cannot yield to a present Conference." On a Second Message from the Lords, the Commons agree. At the Conference, two Questions are propounded by the Lords. (1) Whether a Printed Paper, touching the Protestation, be the Votes of the House of Commons ? (2) Whether it was printed by their Commands as expressed in the Paper ? Aug. 3. The Lords receive for Answer, " That for the print- ed Paper, it appeareth, that it is entered, in terminis, in their Journal jjook, and by this, their intent was to discover what their opinion was of such as should refuse to take the Protest- ation, as a Shibboleth to discover true Israelites : That they Resolved the votes to be printed ; and the printed Paper deliver- ed at the Conference, they do avow, allow and justify." August 4. A Letter sent from the Speaker of the House of Lords in Ireland to the Speaker of the House of Lords in England, is conceived, by the Lords, to intrench upon the Jurisdiction and Privileges of this House. By Order, a Committee is to shew it to the King, and desire he will be pleased to stay the xVcts of Grace, dvic, until this matter be determined in this House. A Committee is apjjointed to search for llecords and Pre- cedents concerning " Ireland's Dependency on this Kingdom." The House is called, and the Absent Lords are Ordered to pay 20s. to the Poor Box. The Commons, by a IMessage, impeach the 13 Bishops who made the Canons, &c. The Lords Resolve, That a Parliamentary Power by Commis- sion to do such things (in the King's Absence) as should be thought fit by tlie Parliament, is preferable to a Commission given to a Cvistos Regni. Aug. 5. I>ady Margaret Wooton, Baroness of Marleigh, com- plains of an Indictment and Conviction of llecusancy prosecuted against her, contrary to the Privilege of Parliament. Ordered, A Certiorari to return the Indictment into this House, and a Writ of Error to reverse the Conviction. Aug. 6. The Lords Order the Warden of the Fleet to be freed from Actions for false Imprisonment, being only a Minister to obey what was enjoined him. The Lords send in Proposals for a Limitation of the Power of the Custos. A Committee of the Commons Reports, " That it was the ancient and constant Course, from and in all times, to have a Locum Tenens, in the King's Absence, Parliament sitting, not limited to any particular matter." Aug. 7. iMxCi Capell is introduced, and delivers his Patent and Writ, ((i Aug., 17 Car.) He is placed by the Lord Cireat Chamberlain and by Garter, next below Ia a declaratory Protestation be entered into, by both Houses, loi tne Saim of these Privileges and Liberties, and that a Petitionary 372 CHARLES I. 17 1641. Kemonstrance be drav/n up, and pi-esented to his Majesty about A. R. them." (x) The Lords Order S. Hector to be attached "for Printing the Proceedings of Parliament." Dec. IT. The Lords Order a Declaration " That no Religion shall be tolerated, but what is established by Law." Dec. 18. On the request of both Houses, the King agrees to a Fast, or day of Humiliation /or the Miseries of Ireland. Dec. 20. The Karl of Salisbury has Leave from the Lords to prosecute some business depending in the House of Commons. The King, at Whitehall, answers the Petition and llemon- st ranee. The Commons Resolve to print their Petitions, &c. The King also publishes his Answer, and a Declaration, wherein he says: "For the preserving the Peace and safety of the Kingdom from the designs of the Popish party, we have and will still concur with all the just desires of our People in a Parliamentary waj^ ; for the depriving of the Bishops of their vote in Parliament, we would have you consider, that that right is grounded upon the fundamental Law of the Kingdom, and Constitution of Parliament. This we would have you consider; but since you desire our concurrence herein, in a Parliamentary way, we will give no further answer at this time. For any legal innovations that may have crept in, we shall ■willingly concur in the removal of them. If our Parliament shall advise us to call a National Synod, which may duly examine such ceremonies as give just cause of offence to any, we shall take it into consideration, and a])ply ourself to give due satis- faction therein ; but we are very sorry to hear, in such general terms, corruption in Keligion objected ; since we are persuaded in our conscience, tiiat no Church can be found upon Larth,that professeth the true Keligion with more purity of doctrine than the Church of England doth; nor where the Government and discipline are jointly more beautified, and free from superstition, than as they are here established by Law ; which, by the grace of God, we will with constanc}' maintain, while we live, in their puritv and glory; not only against all invasions of Popery, but also from the irreverence of those many Schismatics and Sepa- ratists, whei-ewith of late, this Kingdom and this City abounds, to the great dishonor and hazard both of Church and State ; for the suppression of whom, we require your timely and active assistance. We have already given 3 ou sufKcient testimony, that there is no man so near unto us in Place or atfection, wliom we will not leave to the justice of the Law, if you shall bring a particular charge and sufficient jiroofs against him ; and of this we do again assure you ; but, in the mean time, we wish you to forbear such general as])ersions as may reflect upon all our Council, since you name none in particular." The Commons pass a Eill, " For the relief of Poor distressed Protestants driven out of Ireland by the Ilebel Pa])ists." It is Resolved, upon Question, " Jn no case, a Protestation ought to be desired by any JNIember of this House, or be admitted by this House, if desired.'^ Dec. 21. 'i' he Commons send up Propositions concerning the Parliament of Ireland, That it be prorogued or adjourned, &c. The Lords receive a Petition from the Lords and Gentlemen (,r) Clarendon, IV. 207. CHARLES I. 373 of Ireland, now in London, shewing " the universal desolation Ifi^l. in all parts of the Kingdom, made in Plantations of British *• "• Settlers, wheresoever tlie barbarous Irish Rebels have come, to '''' the utter destruction of tiie Persons there inhaliiting, and to the extirpating of the Reformed Protestant Religion, there set uj), through the Roval care and piety ot King James and his present jMajestv, and jireserved, by the greit industry and pious en- deavours of near forty years traA'ail, by those who have spent their whole lives in reducing that Kingdom to Civility, which is now so utterly desolated by Proceedings so matchlessly cruel, that no age, nor story, can parallel their Inhumanities, &c., &c. Thousands of bleeding Protestant Souls have long languished in exjiectation of Aid from this Kingdom, &c." At a Conference, the Lords propose their vote, that 10,000 English Soldiers, in addition to as many Scots, are necessary, to suppress the Rebellion in Ireland. The Coitimons answer, " It is not the course of Parliament, nor hath been practised, for one House to ca])itulate with the other; that their actions are free, as without conditions, so with- out Cajiitulation, and they desire it may be so no more." The Lords licso/re, nem con., " That the above Forces shall be sent into Ireland." Dec. 23. The Lords refuse to join the Commons in a Petition for the Removal of the Lieutenant of the Tower, and the ap- pointment of Sir John Conyers, "As the// will not meddle ivith the Prerogative." The Commons send up their Reasons, and the Lords put off their Debate. Twenty-Two Peers protest against this Decision. The Commons Order, Thanks to be given to 3Ir. Calamy and IVIr. Marshall for their Sermons yesterday, (Fast Day) at St. ]\Jargaret's, Westminster, and vote them each a Piece of Plate of £20. Dec. 24. The Lords join the Commons in a Petition for a INIonthly Fast. The liishops represent by Petition, " That their Bishopricks are freed, by Letters Patent, from paying any Tenths, but they have paid £00 Poll Money, and have deposited other monies for payment, according to a proportion of Double Tenths." The Lords Order re-payment to be made of all above the £60. Dec. 27. Riots and Tumults increasing about the Doors of the Parliament, the Lords send the Gentleman Usher with a ]\Iessage to the People, " The House dislikes their coming in niultiiudes, and commands them to be gone. If they have re- ceived injury or hurt from any body and will represent the names, their I^ordships will see Justice done them." The Lords desire a Conference with the Commons, and that they would for the dignity of Parliament, join them in a Decla- ration for the suppressing these Tumults. This is reported to the Commons, and as soon laid aside, "For the handlint/ of other 3latters of more importance." The Lords again ask a Conference, that the Commons may join with them in a Declaration against the increasing insolence and assaults of the mob. The Conference is refused, and several Speeches are made in justification of the jiopulace. " They mast not discourage their Friends. They must at this time make use of all their Friends.'" Air. Pymme says. " God forbid the House of Commons should proceed in any way to dishearten people to obtain their just desires in such a way." 374 CHARLES 7. 1641. The liOrds having directed " a Writ to issue to appoint A. R. watches to hinder the unlawful conflux of People to the disturb- 1' ance of their consultations," the House of Commons discharges the Constables, {y) Dec. 28. Tlie Lords Resolve, upon Question, " That this Parliament is, at the present, a Free Parliament." Dec. 29. The Judges Report, That the best way to suppress the Tumults, is by 13 Hen. 4, c. 7- Tlie Commons agree to the Proposition for preventing Tumults by all good and lawful ways, but refuse the Declaration. They agree to a Guard, if commanded by the Earl of Essex. The Lords Order the Under Sheriff and two Justices to attend the House, to suppress the Riots. The Commons desire Right against Lord Digby, who had said, "The House of Commons have invaded the Privileges of the Ijords' House, and the Liberty of the Subject, and that this was no free Parliament." The Lords Order, That none, but Members, do wear any weapons, near the Houses of Parliament. They join in a Petition for a Guard under the Earl of Essex. Dec. 30. The Bishops " called by his Majesty''s Writs to attend in Parliament," jjresent a Petition and Remonstrance to the King and Lords. " They are violently menaced, affronted, and as- saulted by Multitudes of People, in coming to their Service in that Honourable House, and since the 27th of December, have been under a forced and violent absence, &c." The Lords desire a Conference on this Petition, "as it extends to a deep intrenching upon the fundamental Privileges, and the very Being of Parliaments." The Commons Resolve, " To accuse the Twelve Bishops, in the name of this House, and of all the Commons of England, of High Treason, for endeavouring to subvert the Fundamental Laws of the Kingdom, and the very being of parlia- ment, BY preferring THAT PETITION, AND MAKING THE Protestation expressed in it." The Lords, upon this, Order, " That they be committed to safe Custody in the Tower." The Bishop of AVinton disclaims the Petition. Dec. 31. At a Conference, Mr. Pymme speaks against Lord Digby, " who had said the present Parliament was a forced one, and that the Acts, and Votes, and Laws, that should be enacted therein, without the Votes and Assistance of the Bishops, were void and of none effect, and not binding on the Subject." He states three grounds against him. First, As it was a great breach of the Rights and Privileges of Parliament ; Secondly, It in- trencheth much on the Prerogative of the King, and abridges his Royal Power; Thirdly, It is the first step to bring into the State an arbitrary and tyrannical form of Government." 1642. January 3. {Monday.) The Houses meet after an Adjourn- A. u. ment. 17 (y) See Clarendon, IV. Ill, on the miserable consequences of this conduct, by which 'all obstacles of the Law were removed, and the people taught a way to assemble law- fully together ill how tumultuous a maiuier soever. " These irisurrcctions by this means were so countenaiued, that no industry or dexterity of the Lord Mayor of London could give any cheek to them, but instead thereof, himself (with great and very notable courage opposing all their fanatical Humours) grew to be reckoned in the first form of the Malignants, (the term imposed upon all those they meant to render odious to the People,) insomuch as his house wa» no less threatened and disquieted by the tumulu than the House of Lords, &t." CHARLES I. 375 .The Attorney General, by a Message from the King, charges 1642. I>ord Kynibolton, and Five Members of the Commons, with a. r. High Treason. 17 The Lords appoint a Committee, to consider, " Whether an Accusation of Treason may be brought into their House by the King's Attorney General, against a Peer of Parliament." Counsel are assigned to the twelve Bishops. lleport is made of a Conference for removing the King's Guard, and a Complaint of the Commons as to a Breach of their Privi- lege, by searching the Studies and Chambers, &c. &c., of some of their Members, without consent of Parliament. Jan. 4. A Conference is held on a Breach of Privilege in that a Guard of Soldiers was stationed at Whitehall. The King sends a Serjeant at Arms to the Commons' House, to arrest the Five Members charged, who not being delivered up, the King, in person, demands them. Taking the Speaker's Chair, and not seeing them, his Majesty asks the Speaker where they were ? Falling on his knees, the Speaker answers ; " I have neither eyes to see, nor tongue to speak in this Place, but as the House is pleased to direct me, whose Servant I am here, and I humbly beg your Majesty's pardon, that I cannot give any other answer than this, to what your Majesty is pleased to de- mand of me." The King retires amid the cry of Privilege, Privilege, and the House is adjourned till the following day, at One o'clock. Jan 5. It is Ordered, in the Lords, That the Kecord of all Capital Proceedings in Parliament, from 4 Edw. III., unto 19 Edw. IV., also the Close Roll, in the Earl of Kent's Case, 4 Edw. III., be brought to the House. The Commons Resolve, " That his Majesty coming to their House was a high Breach of the Eights and' Privileges of Par- liament." Mr. Pi/mme, and others, speak upon the Articles exhibited against the Members, and on Privilege of Parliament. It is said, "That his coming to the House was the highest Breach of Pri- vilege of Paiiiament that could be made ; and that the arrestint^, or endeavouring to arrest any Member of Parliament, was a high Breach of their Privilege; and that the person, who was so ar- rested, might lawfully rescue and redeem himself; and that all who were present, and saw the Privilege of Parliament so vio- lated, might and ought to assist the injured person in his defence, and to procure his liberty with force." On the other hand, it is said, " That they must take heed, that they did not out of tenderness of their Privilege, which was, and must be, very precious to every man, extend it farther than the Law would suffer : that the House had always been verv severe upon the breach of any of their Privileges, and in the vindicatino- those INIembers who are injured, but that the disposinn- men to make themselves Judges, and to rescue themselves or others might be of evil consequence, and produce ill effects, at least if it should fall out to be that the Persons were arrested for Treason or Felony, or Breach of the Peace, in either of which Cases there could be no Privilege of Pai'liament." (z) The Commons send up a Message to the Lords, on this sub- ject. The Houses adjourn to Tuesday, 11th of January, appointing (x) On Breaches of Privilege, see Clarendon, IV. 130. 376 CHARLES I. 1642. Committees to sit, in the mean time, for Vindication of their A. R. Privileges, &c. J7 Jan. 11. The King sends an Answer respecting a Guard. " He will command the Mayor of London to appoint two hundred men of the Trained Bands of the City, to wait on the Houses of Parliament, to he commanded by the P'arl of Lyndsey, Lord Great Chamberlain, who, by his Place, hath a particular Charge of the Houses of Parliament, and of whose Courage, Integrity, and Sufficiency, none can doubt," The Lords Order the Sheriffs of London and Middlesex to send two Companies of Trained Bands of the City of London, &e., under the Command of ]Major Skippon, to attend both Houses. The Commons send up a Bill, which the Lords vea.A three times and pass, " That the Lords and Commons may adjourn them- selves respectively to any Place." The King sends for the Lord Chamberlain and the P'.arl of Holland to Hampton Court. They are commanded by the Lords to stay here. Jan. 12. lleport is made to the Lords, of a Design to kill Five Lords of this House, the Earls of Northumberland, Essex, Hol- land, Pembroke, and Leycester. The Attorney General asks time to prove that what he did in (•barging of High Treason, was in a Legal and Warrantable Course, agreeable to the Course of Parliaments, and fit for him to do as the King's Attorney. The Lieutenant of the Tower being sent for, " conceives he cannot come without Leave first obtained of his Majesty, as he had a Warrant from him, and a Command not to depart from the Tower Avithout his Leave." The Lords vote this liefusal a high Contempt of the Order of that House, notwithstanding the King's Warrant ; because the King's Command is always supposed to be implied in, an Order of their House. The Commons, also, vote, " That he hath committed a high Con- tempt against the Authority and Privileges of Parliament, &c." The Commons Order " Another Lock to be set upon the Door of their House, and daily care to be taken, that all places there- abouts be safely guarded," Jan. 13. The Lords make an Order aga.hist unlawful Assem- blies. The King, by Message, waves for the present, " his Proceed- ings against Lord Kymbolton, and Mr. Holies, Sir Arthur Haselrigge, Mr. Pymme, and Mr. Stroude, and will hereafter pro- ceed in an unquestionable way." The Attorn.-y General cites, as a Precedent, the Earl of Bris- tol's Case, 1 and 2 Car. Lord Kymbolton desires his Trial, notwithstanding the King's forbearance. Jan. 14. The King, by INIessage to the I^ord Keeper, declares, '•That he never had the least intention of violating the Privi- leges of either House, and in case any doubts remain, will clear them in any reasonable way. He has no doubts his Parliament will lay by'all Jealousies, and apply themselves to the public and pressing 'Affairs of the Kingdom^ especially to those of Ire- land, &c." Jan. 15, liesolved, That the Impeachment of Lord Kymbolton, &c., by IVIr. Attorney General, is a high breach of Privilege. The Commons Jicsolrc, " That this Act is a High Crime ; That CHARLFS I. 377 he shall be charged as Criminous, and put in Security for stand- J6I2. ing Judgment." a. u. Ordered. Sir John Byron to be removed from the Tower for '''' his disobedience to tiie Parliament. Jan. !?• The Commons send uj) a Kesolution, " That all such as have given evil Counsel, or endeavoured to set and maintain a division or dislike between tlie King and the Parliament, are Publick Enemies of the State, &c. Also, an Order foi- a Decla- ration on the Defence of the King, the Parliament, and Kinffdoni, and on llie Treaty with the Scots about Ireland. The Houses agree to adjourn till the 20th, and the Commons appoint a Committee to sit, in the mean time, at Grocer's Hall, liondon, for maintaining Privileges, &c. The Lords, by vote, Resolve, "Not to petition His jVIajesty for tlie Removal of Sir John Byron from the Tower." Twenty- three Lords Protest. The Twelve Bishops put in their Answer. Jan. \\). The Commons publish a Declaration on the breach of Privilege in the case of the Five Members, &c. They declare, " that they might neither be apprehended by a Warrant under the King's own hand, nor be accused by the Attorney General, except themselves were xvilling.'''' They insist farther, " I'hat every person, being a i\J ember of that House, who had been accused of any offence against that House, and, the Accusation depend- ing, had been called up to the House of Lords, in the quality of a Peer, should, by Act of Parliament, be put out of that House; and, that, hereafter, no Member of the House of Commons, shall, ivithout their consent, be called up to be a Peer, except in case of Descent; That no Person, who shall, hereafter, be made a Peer of the Realm, shall be admitted to have his Seat, or Vote, in the House of Peers, withoxit the consent of both Houses of Parlia- vient." Jan. 20. Lord Darcie and Conyers is introduced and delivers his Patent of Restitution and Creation, and his Writ, (23 Oct. 1041.) He is placed next to Lord Dacres, Salvo Jure. The King sends a Message regarding the Peace of the King- dom. The King's gracious Message "having filled all their Hearts with Joy and Comfort," the liOrds desire to return their most hearty Thanks for the same. The Commons rei'usQ to join them, unless the additu)n be made, "That the King will jnit the Tower of Londoji, with all other Forts, and the whole Militia of the Kingdom into such hands as the Parliament can confide in." Jan. 24. His Majesty, by Message, "thinks it necessary that it should be Resolved, Whether he is bound, in respect of Privi- lege, to proceed against the Members, &c., by Impeachment in Parliament, be at liberty to prefer an Indictment at Common Law, or to have his Choice of either." The Lords reject the Commons' last addition to the address of Thanks. Thirty-two Lords protest against this Rejection. Jan. 2C. Report is made in the Lords on a Conference, and on certain Petitions received from London, Middlesex, Essex and Hertfordshire. At the Conference, Mr. Pymme makes a long Speech on Reformation in Church and State, for which the Commons re- turn him Thanks, and order it to be printed. . The Lords take exception for words spoken by the Duke of 3 c 378 CHARLES I. 1642, Richmond, " Let us put the Question whether we shall adjourn A.R. for Six Months." He makes an Acknowledgment. Twenty- ^"^ two Lords protest against this, "as not a sufficient punishment for words of that dangerous Consequence." Tt is Ordered, in the Commons, That every jMember of this House do keep his seat, and not speak to the Messengers coming in or going out. Jan. 27. The Commons, by 223 against 123, Resolve, That this House hath sufficient cause to accuse the Duke of llich- mond, as one of the Malignant Party, and as an ill Counsellor to his Majesty. Jan. 29. The Lords Order, That jMeredith Mady, Chaplain to the Earl of Dover, shall have Privilege, as his Servant. The Commons desire a Conterence concerning tlie Duke of Richmond, " He did write unto the Town of Hytiie, to choose one Captain Wymberley, to serve as one of the Earons there in Parliament, but he was not chosen. A Letter afterwards written by the Lord Duke of Lennox, required from "every of you, the Electors of your Earons for this present Parliament, the Poll ; which is the particular name of every Person that gave his voice, and to whom he gave it, as likewise the locality of each Person, &.C., at your peril." 'i'hey state the Reasons of their yesterday's vote : (1) He endeavoured to have such INIembers chosen as he should name; and his wav of menace discovers an intention to overthrow the freedom of Election, and of making a Party in Parliament. (2) He endeavoured to corrupt the IMembers of the House of Commons after elected, &c. Lord jNIorley's House having been searched by "NVaiTants, the Lords send for the Persons who executed them. The Lords Pass a EiU for a Subsidy of Tonnage and Pound- age, " for a time only." In the Commons,' the Committee and Bill of Printing are revived. It is Ordered, That the Printers shall not print or re-print any thing without the name and consent of the author, or they shall be proceeded against, as such. Jan. 31. The Duke of Richmond puts in his Answer. He is acquitted by a vote of the Lords. Twenty-Two Lords protest. It is Ordered, in the Commons, "That IMr. Speaker have a Warrant, at any time to apprehend and stay such IMembers, as send, receive or entertain. Challenges." February I. (Tuesday.) The King sends an Answer on the IMilitia, the Tower and the Forts. The Lords Vote, That whoever advised this Answer, is of the ISIalignant Party, and an Enemy to the Publick Peace and Safety. The Lord Keeper has leave to attend the King at "Windsor. Feb. 2. The Commons Resolve, " That a Book by Sir Edward Deering, 'A Collection of Speeches, &c.,' is against the Honor and Privilege of this House, scandalous to the House, shall be burnt by the Common Hangman, himself be disabled fi-om sitting, and a new "Writ issue." By a vote of 85 afjainst Gl, Sentence is pronounced against him by the Speaker, ann he is Committed to the Tower. Feb. 4. The EiU for Pressing Mariners, receives the Royal Asser.t, by Commission. Feb. 5. ' The Lords pass the Bill "For disenabling all Persons CHARLES I. 370 in Holy Orders, to exercise any Temporal Jurisdiction or 1642. Authoi'itv." ',7 ' The Bishops of AVinton, Rochester and Worcester protest. Feb. 7. It is Ordered, in the Lords, That the Committee of Privileges consider, "Whether Lords that have leave to be absent lor a time, shall be permitted to send their Proxies." Also, "What are the Privileges of tiie Masters in Chancery, who are Assistants to this House, and how far they extend." The King agaiti Answers as to the Forts and the ^Militia. " He is willing to apply a Kemedv, not only to your dangers, but even to your doubts and fears. "He will place such Persons as both Houses approve or command, unless, where there are great and unquestionable Exceptions." Feb. 8. The Lords pass the Bill for Pressing Soldiers. On the Keport from a Conference, the Conmions' Reasons are given, " why they feel Stn-row that the King delays to pass the 'Bill for taking awav lUshops' Votes, &c." The Commons send for two Printers as Delinquents, lor con- trivino- and Printing a Speech supposed to be made in this House. FeL\). The Lords' House is called. Sixty-Seven Peers are absent. „ -^ . . ^ i ^.u The Coynmons Order the Committee of Prmtmg to take up ttie business of a Speech ordered to be printed in Sir Sunonds D' Ewes' name. Both Houses recommend to the King Sir J. Conyers,as L,ieu- tenant of the Tower, whom, on the 11th, his Majesty accepts. Feb. 12. The House of Commons recommends to the Lords, the Lords Lieutenants of Counties, whom the Lords approve. The Commons Impeach Sir Edward Herbert, Knight, his ]Majesty's Attorney-General, for his Articles against the Five JNIembers. , ^ . . ^ Feb. 14. The Royal Assent is given, by Commission, to a Bill, containing a Clause against Pressing; and, also, to the Bill for taking awav the Bishops' Votes. "Le Roy le veult." The Lords Order Agmon Pickis, Solicitor to the Lord Dudleij, an-ested, contrary to Privilege of Parliament, to be discharged. The Commons,'\yy vote, agree to open Lord Digby's Letters to the Queen. , ^, , . r. ,, Feb. 15. It is Ordered in the Lords, That the Chaplain of the Lord Chancellor, or Lord Keeper, for the time being, shaU attend, from time to time, to say Prayers before the Lords in Parliament, and in his absence, the Lord Chancellor or Lord Keeper shall appoint some other for that service. 'J'he Commons Resolve, "That all Privy Counsellors and Great Officers of State, shall be removed for the present, except such as have Offices bv Inheritance." The House divides, 110 against 107. t^ , r. Feb. 16. Privilege is allowed to the Tenants ot the Earl ot Lvndsey and the Earl of Stamford, sued in the King's Bench. 'A Committee is appointed to consider "how the Peers shall sit in this Plouse, now that the Bishops' Seats are empty." The Commons appoint a Sub-Committee on Irish Aftairs, to Report on certain Propositions for the speedy and effectual Reduction of Ireland. Resolved, No Person, whom the House accuses of High Treason shall be bailed without consent of the House." Ordered, A Committee shall be revived, to examine the late great Breaches of Privilege. 380 CHARLES I. 1642. Feb. 17- The Lords refer it to the Judges, "Whether the A. R. late Act doth not take away the Temporal Jurisdiction of the ^"^ Bishop of Durham." The King returns an Answer to the Thanks sent him for pass- ing the Bills: "Well, I pray you to take Jrelatid really into your care, and let your Thanks be expressed m that. / shall, then, thank yo^^" A Petition to the King, who, had given up the Prosecution of I^ord Kynibolton, &c., refers to 37 and 38 Edw. 3, against Persons giving Information. Feb. 18. The Loi'ds and Commons vote certain Propositions for the speedy reducing of Ireland. The Commons Order, That no man shall have leave asked for him to go into the Country, but between the Hours of Eleven and Four. Feb. 19. A Petition is sent to the liOi'ds, concerning the Ile- fusal of the Trained Bands to guard the Parliament, The Trial of the Bishops commences. Resolved, An Address to be presented to his IMajesty, contain- ing Twelve Causes of our Misery and Danger, with Twenty- Five Remedies. Feb. 21. The Commons Order, That a Bill be drawn, "For forfeiting the Issues and Profits of the Estates, Temporal and Eccle- siastical, of the 12 Bishoj)s. and disposing thereof, as the Parliament may think fit ; also, for the Imprisonment of their Persons during Life, and the Disposal of all Livings in their Gift." Feb. 22. The Commons Impeach I^ord Digby of High Treason. The Commons divide, 65 against 48. The Houses adjourn to the 24th. Feb. 24. The L,ords allow the claim of Lord Stanhope's Privilege in a Sail against a Tenant. The Lords Order, "That the 12 Bishops shall be heard to the Bill, by themselves and the Counsel." Feb. 25. Fourteen Lords signify, that they have received Letters from the King, requiring their attendance. The Lords conceive this to be the effect of evil Counsels given to his Majesty. Feb. 26. Peter Heywood is sent for, for scandalous words against Lord Strange. Stanley is committed to the Fleet, for scandalous words against the Pai-liament, having said, "What would you do with a Parliament ? Pull the King's Crown off his Head ?" Feb. 28. Both Houses vote the King's Answer, relative to the IMilitia, "a Denial." Resolutions are adopted in the Commons, "That such Denial is of dangerous consequence, and that his Majesty's intended re- moval into renu)te Parts (York) from his Parliament, will be a great hazard to the Kingdom, and Prejudice to the Proceedings of Parliament." In the Lords, it is notified. That Four Lords have received Letters from the King, requiring their attendance. Aiarch 1. (Tuesday.) The Lords Order the Release of one of the Marshalls of his ^lajesty's Hall in Ordinary, arrested, con- trary to Privilege. Committees from both Houses, attend the King, at "Tib- baits." March 2. The Lords Agree, That the Kingdom is to be forth- with put into a posture of defence, by Authority of both Houses. CHARLES I. 381 March 5. On Ordinance is made thereon J'^'^^. It is Jiesolved, vpon a Scruple in the Lords, That the Passmg a. a. of this Ordinance of the Lords and Commons in 1 arliament, for the Safety and Defence of the Kingdom of England, is not any ivay aya'n'ist the Oath of Allegiance:' Sixteen Peers enter a Protest. ,,.,•,. Resolved " Ulwevcr shall exercise any Power over the Militta of this Kinqdom, tcithont the consent of both Houses of Parliament, shall be counted a disturber of the Peace of the Kingdom. Four Lords Protest. , -r. ^ .. ^. u n An Order is made, "That Lords who make Protestation, shall themselves do so, or give directions that it be Aone, the riext sitting day of this House, or that such Protestation shall other- wise be void." , t. . -i i i u-i u • Ordered, Sir "Walter Norton to be Privileged only while he is prosecuting his Cause in this House; at aU other times. Parties are to take their Ordinary Legal ways. ^ , ^, March 7. The Lords Order, That a Declaration of both Houses, respecting Fears and Jealousies, and for moving the King to come nearer his Parliament, shaU be presented to his Majesty. Fourteen Lords Protest. In the Commons, the House divides, 72 against 63. _ March 8. In the Lords, the Charge is opened agamst the Attorney-General. i,- «• It is Debated, whether he shall have Counsel or no, his ottence being voted bv bath Houses a high breach of their Privileges, of which no Counsel can, or ought, to judge. It is Resolved, to allow Counsel in matter of Privilege. The Commons Order the Committee for Printing to take speedy course for the Corporal punishment of a Printer, &c. March 9. IVIr. Trelawnev, a INIember, is disabled to sit, by vote of the House, and a new Writ is ordered for Plymouth, on account of words accidentally spoken out of the House. March 12. A lleport is made of his Majesty's Speech to the Committees, which, on the 9th, presented to him, at Newmarket, the Declaration of both Houses. March 15. The Lords debate the following Questions: (1) Whether Mv. Attorney hath committed a Crime for which he ought to be sentenced in this House. It is Resolved, in the Affirmative. , . -r,, c (2) AVhether, for this offence, he shall lose his Place ot Attorney. ^ -r, .^ .l It is Resolved in the Negative; with Fourteen Protests. (3) Whether he shall pay a Fine to the King. It is Resolved in the Negative; with Fourteen Protests. (4) AVhether he shall pay Damages to the Parties accused. It is Resolved as on the two last Questions. (5) AVhether he shall be Committed to the Tower. It is Resolved Negatively; with Three Protests. March W. A Letter to the Lord Keeper from the King, (dated, Huntingdon, 15 INIarch) declares "against the validity of any Act or Ordinance, that has not received the Royal Assent." , . ^ ■, -.^ , i^ c « In the Lords, a Bill "for clearing Lord Kymboiton, &c., March 17. The Commons send up some votes concerning the King s last Message; among others, " That when the Lords and 382 CHARLES I. 17 1642. Commons in Parliament, which is the Supreme Court of Judica- ture in the Kingdom, declare what the Law of the Land is, to have this not only questioned and conti-overted, but contradicted, and a Command given, that it shall not he obeyed, is a high breach of Privilege." To which, and other votes, the Lords agree. In the Commons, on a Division, the "Yeas" are 51, and the "Noes" 51. Mr. Speaker delivers himself to be a "Noe." Therefore the Question passes in the Negative. March 18. The Lords Order, That no Lord shall have leave of absence, but in a full House. March 19. Lord Baltinglass, Servant to his Majesty, being arrested, is allowed Privilege. March 21. The Earls ot Pembroke and INIontgomery, and of Holland, are, by Letter from the King, commanded to attend his Majesty at York, to keep the Feast of St. George. 'J'he Lords Order, That they shall attend the weighty affairs of the Kingdom, in Parliament. March 22. The Lords Order, That Sir J. Hotham do admit no Forces into Hull, without the order of both Houses. The Earl of Peterborough petitions against Lord Mounson, a Member of the Commons' House. It is referred to a Com- mittee. Both Houses send up their votes to the King, and the liords desire the Commons to join, "That the Messengers may ride Post, for better expedition." March 23. The Commons send up a Declaration containing the Causes of the present Grievances, with their Remedies. March 24. The Lords assign Counsel to the Impeached Judges The Lord Keeper communicates his Majesty's Answer to the Declaration presented at Newmarket. "Are the Bills, says the King, for the Triennial Parliament; for relinquishing our title of imposing upon Merchandize, and power of pressing of Soldiers; for taking away the Star Chamber and High Commis- sion Courts; and for regulating the Council Table, but words ? Are the BUls for the Forests; the Stannary Courts; the Clerk of the Market; and the taking away the votes of the Bishops out of the Lords' House, but words? Lastly, what greater earnest of our trust and reliance on our Parliament, could, or can, we give, than the passing of the Bill for the continuance of this present Parliament? the length of which, we hope, wiU never alter the nature of Parliaments, and the Constitution of this Kingdom; or invite our Subjects so much to abuse our con- fidence, as to esteem any thing fit for this Parliament to do, which were not so, if it wei-e in our power to dissolve it to-mor- row. And after all these and many other Acts of (irace on our part, that we miglit be sure of a perfect reconciliation betwixt us and all ovu- Subjects, we have offered, and are still ready to grant, a free and general pai'don, as ample as yourselves shall think fit. Now if these be not real expressions of the affections of our soul, for the publick good of our Kingdom, we must con- fess that we want skill to manifest them." In a Second Letter the King says, "Our Command is that you make known to our Parliament, that, if they shall, pass a Bill for the freeing and clearing of Lord Kymbolton and the rest, in such words and terms as may be strong for them, and not reflect upon us, we will readily give our Royal Assent thereunto." CHARLES I. 383 The King farther states, "That he can see no reason why tlie 1612. Earl of Warwick should be Commanilci--in-Chief at Sea, and he a. r. can approve no other than Sir J. Pennington. 17 Ordered, This House to consider, " Whether his Majesty's Answer be not a Breach of the PrivUegeT' A Division in the Cotnmons is of 43 against 38. March 25. The Lords, by ^lessage to the Commons, communi- cate, Tliat they have received a Commission under the Great Seal, for giving the Iloyal Assent to the Bill for raising £400,000; but the Bill being annexed to the Commission, which is not the ordinary way with Bills of this nature, their I^ordships acquaint them with it, and that they have been passed both ways, as hv Precedent 18 Jac, when the Bill was passed in this form'. They farther signify, that if the said Bill cfo not pass thus, it must be sent back to the King, to have the Commission new sealed, which will much retard the business. The Commons, appoint a Committee, " To consider the fittest course for keeping the Members together.''^ The House divides, 75 against 60. March 26. The Speaker of the House of Commons is sent for. He presents the Bill of Subsidy, holding the Bill onlv in his hand, and the Clerk of the Parliament holding the Commis- sion and Seal in his hand, because it was annexed to the Bill. The Iloyal Assent is given, the Clerk saying, "Le Roy remer- ciant, &c." A Petition is presented, That the Earl of Rutland may wave his Privilege, and answer a Bill in Chancery. The matter is referred to the Earl for answer. The Commons Resolve, That no Private business whatsoever shall be received, entertained or proceeded on, between this dav, and INIonday four weeks, except, &c. March 28. The Lord Chamberlain, the Earls of Sarum and 16i2. Holland, and the Lords Savile and Seymour, receive the King's a. a. Commands to attend him at York. 18 It is Resolved, That they shall give their attendance in this House. A Conference is held respecting a Petition from Kent, which, praying for a Restoration of the Bishops, Liturgy and Common Prayer and other Constitutional Measures, is voted Seditious and against Privilege and the Peace of the Kingdom. The Earl of Bristol produces a Copy, and, with Judge Mallet, as having it in their possession, is committed to the Tower. Eight Lords Protest. The Commons send for many Printers as Delinquents, for Printing certain Proceedings in Parliament. They Resolve upon Question, " That ivhat Person soever shall print or sell any Act or Passage of this House U7ider the name of a Diurnal, or othertcise, without particular licence of the House, shall be reported a high Contemner and Breaker of the Privileges of Parliament, and be punished accordingly" March 29. The Gentleman L'sher receives a Command from the King to attend the celebration of the Feast of St. George, at York. The Lords Order him to remain here, &c. It is Ordered, "That no Lord shall go to the Fire, and stand talking there, when this House is sitting." The Commons appoint a Committee to consider the Heads of a Conference, concerning the King's sending Wan-ants, zmder his 384 CHARLES r. 1C42. oiim Hand, to the several Sheriffs, for publishing Books, IMes- •A- n. sages and Writings, concerning the Parliament, &.c. 18 Resolved, 'I'hat a Committee of this House do attend his Majesty at York, "m these times of Jealousies and Danpers." April 1. {Friday.) The King's Answer to the Message from both Houses is read. lleport is made on a Conference concerning the Declaration of Grievances and Evils, with their llemedies, to be presented to the King. Mr. Pymme speaks largely thereon. Exception being taken, in the Commons, to words spoken by Mr. Killigrew, "he is sharply reprehended by Mr. Speaker." April 2. Sixty-nine Lords are absent on the calling of the House. The King still preferring Sir John Pennington, the Houses Resolve to require the Lord Admiral to depute the Earl of War- wick, to the Command of the Fleet, iu Chief Edward Sandeford, a Taylor, is sentenced to tlie House of Correction, in Bridewell, for lAi'e, with previous Fine, Pillory r.nd Whipping, "for calling the Earl of Essex and others, Traitors, and wishing them hanged." April 4. The Lord Admiral is required, &c., and the Earl of Warwick enjoined forthwith to put to Sea. Thirteen Lords protest. A Conference is iield on an Indemnity for the Lord Admiral and the Earl of Warwick, "as they will do nothing therein, but according to the La7v of the Land, and as commanded hy both Houses." The humble Petition of William Ijenthall, Esq., Speaker, is presented to the House of Commons, "concerning the great decay in his body and estate, occasioned by his daily and con- tinual employment." During the last three days, Divisions have taken place, of 131 against 97 ; of IIG against 5.3; and 45 against 34. April 5. The Lo7-ds Resolve to petition his Majesty, That the Great Officers of State and the Privy Counsellors may be dis- placed, and others, recommended by Parliament, put in their Room. Eighteen Lords protest. The Commons appoint a Committee to prevent the publishing, by Proclamation, Declarations of his Majesty concerning Pas- sages in Parliament. April 6. Thomas Walker is committed to the Tower, as the Author of a Seditious Pamphlet, "Keturn to your Tents, O Israel." April T. The Act passes the Commons, "That the County Palatine of Durham, shall have Knights, Citizens and Burgesses." It is Ordered, That the Kentish Petition be burned by the hands of the Common Hangman. April 8. By an Order ot ihc Lords, "The Guards are to go home as soon as both Houses rise." An Order is made concerning absent liOrds; Those who have gone to other Places than for which I^eave was given, are to ave the censure of the House, and no more Leave is to be given to any liOrds till further (^rder." April i). The Earl of Bath being commanded by his jVIajesty to attend him as a Privy Counsellor, the Lords Order him to give his attendance on this House, '^ irhereunlo his Lordship is obliged, by his Majesty's Writ, and the Law of the Land." CHAIILES I. 385 The Commons Order, That £0030 be bestowed by this House 1012. on Mr. Speaker, as a free gift. a. r. He expresses his thankfulness, "and will continue to serve to ^^ the best of his Abilities." April \l. Report is made in the Commons, on an Order to prevent the multitude of Poor coming over from Ireland. The Lords desire a Conference on "a Message from the Kincr, of as great importance as ever came to their House." April 12. The King, by Letter, commands the Lord Chamber- lain and the Earl of Holland, as Groom of the Stole, to attend him at York, or to deliver up their Ensigns of Office. The Lords Resolve, "That their non-attendance, according to an Order of this House, is no disobedience to the King's Command.^' Also, "That the removing of them from their Places on that f round, is against the Privileges of Parliament: That the King's ispens-.ition and Licence, under his Privy Signet, and Sign Manual, when the House commands their attendance, cannot dis- charge their attendance on that House: and. That any Lord disobeying the Commands of this House is punisliable by this House." April ]3. The Earl of Salisbury and Lord Savile are com- manded to attend the Parliament, notwithstanding the King's Letter. April 15. Eighty-Two Lords are absent, on a Call of the House. It is Ordered, That a Committee do consider what Impositions it is fit to lay upon such Lords as are absent without Leave. The Commons Order, That the House shall sit every morning at Eight, and rise at 12. April 18. It is Resolved, That the Attorney-General shall be disabled from being a ]\Iember, A ssistant, or Pleader in either House of Parliament, and discharged from all offices, saving that of Attorney-General, which he now holds ; Farther, that he shall be committed to Prison during pleasure. April 19. The Commons Order, That whoever is not here at Praj'ers every INIorning at Eight, shall pay \2d. to the Poor, and every Member, coming after Prayers, I2d. to the Serjeant. April 21. Sixty-one liords are absent on a Call of the House. Both Houses make an Order against Counter- Petitions; "as no man ought to petition for the Government established by Law, because he has already his wish ; but they that desire an Alteration, cannot otherwise have their desires known, and thekefore are TO BE COUNTENANCED." The Commons Order, That the Delinquents who have been Actors in the Kentish Petition, shall be si)eedily brought to Trial. 1 .X „ April 25. The King sends a Message touching a Printed Paper, "A Question answered how Laws are to be understood, and obedience j'ielded." The Commons resent a Petition from the Yorkshire gentry to the King, for continuing the Magazine at Hull, "as ot" danger- ous consequence, and an affront to the Parliament." Both Houses Order, That the Subscribers be summoned to answer the same in Parliament. April 26. The Lords receive a Message from the King, on his being refused admission into Hull, by Sir J. Hotham. It is Resolved, " That the declaring of Sir J. Hotham a Traitor, being a Member of the Home of Commons, is a high breach of the 3 D 386 CHARLES I. 164-2, Privilege of Parliament, against the Liberty of the Subject, A. n. and the Law of tbe Land." 18 The Earl of Stamford repoils that he saw at York, the Earls of Carlisle, Newport and Carnarvon and Lord Rich. The Commons Resoh'e, That Sir John Hales sliall be sent for as a Delinquent, for breaking the Privileges of the House, by intercepting a INIessenger with Letters from Hull to the Parlia- ment. April 28. The Dowager Lady Delawar claims Privilege on an Arrest. The Commons, by INIr. Oliver Cromwell, acquaint the Lords, "That a great meeting is to be held next day on Blackheath, to back the rejected Kentish Petition." April 30- The Lords declare, that none of the King's, Queen's, or Princes' Servants shall be allowed Privilege of Parliament, but such as are in Ordinary. The Men of Kent come to the House, and again present their Petition formerly burnt. Several are committed to the Gate- house and Fleet. Many Lords Lieutenants appointed by the Parliament, refuse to execute their Commissions. May 2. (Monday.) Li the Lords, John E-ushworth, a Clerk of the House of Commons, gives a narration of some Matters at Hull. P. ]M. A Report is made of the Opinion of the Judges, •'That the Printing of Libels is a Publication of them." The King's Warrant (15 Nov., a. 17) is produced, "for the delivery from the Tower, Carlisle and Hull, or elsewhere, of such Arms as shall be ordained by our Parliament." In the Commons, a Bill is read, "For Printing several Books made by Sir Edward Coke, Knight, late Chief Justice of the King's Bench." Mai/ 3. The Lords Agree to the Bill against Pluralities. The Royal Assent, is given, by Commission, to the Bill of Tonnage and Poundage. In tiie Commons, Report is made on Andover. In the Town, are 24 Burgesses that have the Right of Election. Eighteen only appeared, nine for JNIr. Vernon, and nine for Sir W. Waller. The Bailiif, who challenges a casting vote, gave for Mr. Vernon, and returned him. Mr. Bourne, a Burgess elected, but not sworn, was at the Door, but not admitted. The Election being done, he told the Bailiff" he was there to give his voice to Sir W. Waller. The Bailiff' refused him as not sworn. Two other Burgesses elected, but not sworn, after the Election, declared for Mr. Vernon. It is Resolved, by 107 against 102, That Mr. Vernon's Elect- ion is void, and Sir W. Waller's good, and that the Bailiff" at the Bar, shall amend the Return. May 4. The Privilege of Parliament of Lady "Ella Warr," a Peeress of this Kingdom, is allowed. A Bill is sent up for the Forfeiture of the Lands and Estates, and for the Punishment of the 12 Bishops. May 5. The Lords Order, That all Private Petitions shall be put off" till the 24th of October. May 0. The Commons Resolve, That the House shall proceed aeainst Rlr. Endymion Porter and Mr. J. Ashburnham, for con- tempt, should they not appear by the KJth, according to Sum- mons. CHARLES I. 387 Sir Henry Ivudlow is reproved by the S[)ealier for reHectin .; 16+2. on the King, "That he was not worthy to be Kinn; otKn.'^'h!n(i/' a. k, MuijT. The Lords receive a Pa j)er from the rrivv Council 1^ of Scolhuid, for conciliating matters between the King and Parliament. J\[(i>/ i). The Lords direct that Dr. Hacket shall be elected a Canon Kesidentiary of St. Pauls. The Commons, by JMessage, de.sire that both Houses may be present at the lieview of the London j\Iilitia, To-morrow. ]\[(iij \\. The Lords Order, "That no Lord shall ask Leave for absence but in a full House: and that a difierence be made between Lords that went witiiout Leave before the makiiif of tlie last Order, and those that went since, and those that had Leave and have exceeded the Time." It is Ordered, 'J'hat the Earls of Carlisle, Newport, Cumber- land, and the Lords Willoughby d' "Erseby," Pierpointe, Seymour and Savile, be sent tor. The Co»imons Resolve, "That the Ciiairinan of all Public Committees siiall have power to send to Private Committees, to call them to attend the Public Committees, at all such times AS THKY SHALL WANT NUMUEUS TO BIAKE A Co.M.-MITTEE, and that the names of all such as refuse, shall be returned to the House." Mai) 12. It is Resolved in the Commons, "That Mr. I^ong and jNlr. Hooke are Beneficiaries within the Order of the House, ia the Project of Wine, and are not fit to sit any longer as iMembers of Parliament ; and that a new WvW, shall issue lor Bristol." A Vote passes both Houses to Indemnity all Persons actinfj- under the Ordinances of Parliament, "/o?- preserving the Peace of the Kinf/dom." May 14. The Lords pass a Bill, "To restrain all Peers made hereafter, from sitting and voting in Parliament.'" Six Dissents are entered. May Hi. The Lords appoint a Committee to look over Pre- cedents, and to Report on these Queries: (1) Whether the King hath ever given other Denial to any Public Bill offered unto him by both Houses of Parliament, than by suspending his Assent for a time ? (2) Whether a Petition brought up by the Commons, and approved b}' the Lords, hath ever been refused by the King? (3) Whether any Person hath ever been adjudged a Traitor for executing the King's verbal Commands against the Laws of the Land? The former Order is renewed, to continue a Company of Guards, under Serjeant-Major Skippon. The Commons appoint a Committee "to consider the Form of the King's Oath, as upon Record, &c , and the Statute 2b Edw.3: also, whether, in former times, Kings gave other Answer than "Le Roy s'avisera;" what Persons have been proceeded against for High Treason, notwithstanding they had the King's Commands; to search for Precedents lor what Parliaments have done in like case of the King's Absence, and the Parliament putting Forces in Places of Strength, to preserve them for the King and Parliament." May 17. The Lord Keeper receives directions from the King to issue a Proclamation and Writs, to remove the next Term to York. The Lords Resolve, (I) That it is Illegal, in regard of the late 388 CHARLES I. Ifi42. Act, foi' the continuance of the Parliament. (2) Tliat it is con- A. H. trarj to the Practice of Parliament and inconsistent to the ^^ sitting of Parliament, and the Act lately passed. (3) That it is contrary to the express Writ, that calls Assistants to this House. The Lord Keeper is Ordered not to issue any Writs. The King, by Letter, sends for Serjeant-Major-General Skippon to York. It is A^oted in the Commons, "that for his Majesty at pleasure to command any free-born Subject to attend his Person, not being bound thereunto by Special Service, is against the I^aw of the Land; and that his Majesty so commanding any Person, being employed by both Houses in their Service, without their consent, is against the Privilege of Parliament." The Lords desire a Conference touching two Particulars, (1) How it is against the Law and Liberty of the Subject for the King to Command any Subject to attend at his pleasure? (2) Whether the words, "but such as are bound by Special Service," do not contradict that vote wherein it was Resolved, That some I^ords should not attend the King, though they were his Household Servants? The Lords finally adopt the Resolutions. Mat/ 19. The Lords Resolve, "That the Lord Savile going from the Parliament and refusing to come when this House sends for him, is a great Contempt to this House and a high breach of the Privilege of Parliament: and that he shall not sit or vote in this House during this Session.'" It is farther Resolved, That when the High Court of Parlia- ment sends for a Delinquent to appear before them, the King's laying his Commands upon him, not to appear, tends to over- throw the Power of Parliament and the Justice of the Ki7igdom." A Messenger of Parliament imprisoned at York, is, by Order, to be brought up by a Writ of Habeas Corpus, directed to the Sheriffs; and the Proceeding is voted a high breach of Privilege. A Question is propounded in the Commons, "AVhether such Members as absent themselves, contrary to the Fundamental Laws of the Land, without Leave of the House, shall be sent for by the Serjeant's Man ?" The Question, "Whether this Question shall now be put, or no?" passes in the Negative. The Commons Resolve, "That a Clause concerning the King's being bound by his Oath to pass such Bills as are presented to him by both Houses of Parliament, for the good of the Kingdom, shall stand part of the Declaration." The Question is put, "Whether this Question shall be now put;" which passes in the Affirmative. The Yeas go forth, 103; the Noes sit, (Jl. Resolved, That the Declaration be re-committed as to the Clause concerning the King's denial of Bills. May 20. In a Conference, it is stated, "That the Lords FINDING THE BUSINESS OF THE KINGDOM TO LIE UPON A VERY Few, had thought fit to call their several Members, which, when sent for, received a Command from his Majesty, not to come. The Absentees are of three sorts; Absent with Leave, Absent without Leave, and Absent contrary to the Commands of the House. They have made an Order, in hicc Verba, &c., and desire a Committee of both Houses to consider a course to bring such Delinquents to deserved Pmiishment." The Commons Resolve, "That a Copy of the Oath, 1 Hen. 4, CHARLES I. 389 No. 17, and that Clause of the Statute de Provisoribus, 25 Edw. 3, 1642. beginniiifT, " AVhereupon the said Commons," and ending, "There- a- r. ujjon Ordain Remedy," be inserted in the Declaration." 18 The Z/On/i- desiring a Conference, "touching matters of great Importance," the Co/«woha' declare, "This jMessage is so general, that the House is not bound to answer thereto, and though, in this straight of time, they are content to do so, they have Ordered that they may not be bound by this Precedent in future." Three Resolutions ai-e Reported from the Conference. (1) That, seduced by wicked Counsels, the King, as it appears, intends to make War against the Parliament, tvho, in all their Consultations and Actions have proposed no other end but the Care of his Kingdom, and the Performance of all Duty and Loyalty to his Person. (2) That, whensoever the King maketh war upon the Parlia- ment, it is a breach of the Trust reposed in him by his People, contrary to his Oath, and tending to the Dissolution of the Government. (3) That, whosoever shall serve or assist in such wars, are Traitors by the Fundamental Latvs of tlie Kingdom, and have been so adjudged by two Acts of Parliament, 11 Ric. 2, and 1 Hen. 4, and ought to sutler as Traitors. liord Herbert, of Cherbery, is, by the Lords, committed to the Gentleman Usher, for saying, "He should agree to the Second Vote, if he could be satisfied, that the King would make war on tfie Parliament without Cause.''' May 21. The "Declaration" of the Errors and IMiscarriages in Government from the Dissolution of the last, and vindicating the Proceedings of the present Parliament, is sent up to the Lords. May 23. The Lords are informed, That the Lord Keeper, Littleton, under Leave of absence for a few days, is gone to York. An Order is made to take him into Custody, and with him, the Great Seal of England. The " Declaration " passes the Lords, with Eight Protests. The Commons Order, "That such thuigs as are ordered to be imprinted by this House, shall be brought to the Clerk, and be examined and attested under his hand, before they are published." May 24. Privilege is allowed to the Earl of Dorset's Chaplain. Divers Under Sheriffs are admonished by the Speaker of the Commons, on account of Arrears of Poll Money, Subsidies, Con- tributions, &c., and are required to Answer at their Peril. The Commons Resolve, That JMr. Rushworth shall be sent Express to the Committees at York; and, on his return, the House shall consider his Charges, Pains and Deserts in this, and several other Journies. May 26. The Lords Order, "That the Absent Lords shall be sent for to answer for their Contempt." The Absentees, without Leave, are the Lord Keeper, the Duke of Richmond, the Marquis of Hertford, IG Eaids and 13 Barons. Other Peers are on Leave, or are Recusants. The Peers present are 18 Earls, 1 Viscount and 23 Barons. Minors, or disabled, are the Duke of Buckingham, 10 Earls and 2 Barons. May 28. A " ^Memorandum " is made in the Commons, " That the Pretender to the Election at Cockermouth, is not to be pre- cluded or prejudiced by any elapse of time, for not bringing in his Petition withm the designed time." June 1. {Wednesday.) The Commons Order, "That those 390 CHARLES r. 1642. Members who are Comiiiittees at York, shall require all such A. R. Members of this House as are now at York, or shall repair 18 thither without Special Licence, to return to Parliament, and shall declare to all such as remain, that their going away is a great affront to the House." Nineteen Propositions are prepared, to be presented to the King. June 2. The Solicitor having received his jMajesty's Com- mands to attend him at York, on Special Service, It is Resolved, "Tliat he be enjoined to stay." The Commons Order, " That tlie several Members of this House be forthwitli required to give tlieir Attendance, that the Sheriffs five notice of this Oi'dei', and speedily make return of their )oings to the Speaker, and that such as do not pei'sonally appear by the IGth, shall forfeit one Hundred Pounds, and undergo further censure and punishment." The King Answers the Remonstrance of the Parliament, and exposes "the Doctrines of that Declaration, and the Positions of its Contrivers," " That they have an Absolute Power of declaring ike Laiv : That no Precedents are Limits to bound their Proceed- ings: That a Parliament may dispose of any thing, wherein the King or the Subject hath a Right: That, without their Leave, no Member of either House ought to be troubled or meddled WITH, for Treason, Felony, or other Crijie: That the Sovereign Power resides in both Houses, and that the King hath no Negative voice: That the levying of Forces against the Personal Commands of the King, though accompanied with his Presence, is not levying War against the King: That they may depose us when they will, and are not to be blamed for so doing." June 3. The Earl of Northumberland, Lord Admiral, and Lord Pembroke are Ordered not to obey the King's Letter to attend him at Yoi'k; and a Committee is appointed to draw up a Declaration against the King's sending for Lords. The Earl of Lyndesey is sent for as a Delintpient, for hinder- ing the INIilitia, tinder a Commission from the King. The Commons commit JMr. Smyth, Vicar of St. James, Deep- ing, for 6 months to the Gate House, and inflict on him a Fine of £'100, for saying, "An Act of Parliament was of no force with- out the King's Consent, and it is Treason to obey an Order of the Houses of Parliament, without the King's hand and Seal to it." Certain Fiddlers are sent to the House of Correction for sing- ing a Song against the Parliament, in Gratious Street. A Committee is named to consider the best way of putting the Public Orders and Votes of the House in execution, and of divulging and publisliing them. June (j. The Commons Resolve, "That the Earl of Lyndsey is a public enemy to the State, and an Incendiary between the King and his People." June 7- A liCtter is received by the Ijords fi-om Nine Peers, (Dover, Grey, of lluthin, Howard, Coventry, Capell, South- ampton, Devonshire, IMonmouth, Itich.) "They have received a Summons to appear at the Bar, on the }5th of June. They are come to York to pay a willing obedience to his Majesty's Com- mand, tvhich Command rests upon them still."' June 8. The Commons Resolve, That the Publishers of "a true Relation of tlie Proceedings of the Scots and English Forces in the North of Ireland," shall be committed to Prison, and the Book be burnt. CHARLES I. 391 June 9. Report is made in the Lords of a Conference on the 1642. Safety of the Kingdom. Sir John Evelyn shews, " That the a. h. Commons /lave considered the constant attempts at drstroijhifi the '^ frame of this Government ever since the Parliament bef/an. Tliat as to AilVonts of both Houses and the JMemhcrs, suffice it to say, that this Parliament hath suffered more than ever was offered to our Ancestors, or to any Parliament before this." June 10. In the Lords, the S])eaker receives a Letter fi-om Sir llobert Heath, one of the Justices of the Court of King's Bench. "He has left the Parliament to go to the Khigat York, as liy Oath and Duty bound." It is Declared, "That ]\Ir. Justice Heath's going from the Parliament without Leave, is against his oath ; but his staying at the Parliament, being sent for from thence, is not against his Oath." The Commons Order, "That a Scandalous Picture of Sir John Hotham upon the Walls of Hull, and his INIajesty on foot before the Walls, be burned by the Common Hangman, the Publisher be brought to condign punishment, that the Serjeant seize all Pictures he can meet with in AVestminster Hall, and the Company of Stationers seize such Pictures in all Places." June 11. The Lords Resolve, That the departure of the nine Jyords from Parliament to the King, without Leave, is a high affront and contempt of both Houses. A Committee is appoint- ed to di-aw an Impeachment against them. June 13. A Petition from Somersetshire in favour of the King's Proposal for an accommodation, and against the Proceed- ings of Parliament, is received. The Petitioners are strongly censured, (a) June 15. The Commons liesolve, That ]Mr. Barker, Printer to the King's most excellent Majesty, shall satisfy the House, bv what Authority he printed a Paper intituled, "The Petition of the Nobility, Gentry, Barons, Ministers and Commons of the Kingdom of Scotland." An Ordinance is made, "For preventing the Printing or Publishing of any scandalous or libellous Pamphlets, that may reflect upon the King or the Kingdom, the Parliament or Scotland ; and for suppressing such as have already been printed." June 16. On a Call of the Commons' House, Sixty-Five Members are Defaulters. It is Resolved, by 147 against 91, That the Absent Members shall not sit in the House, till they have made their excuse to the Committee, and their excuse has been reported, and allowed by the House. (a) On the 15th of June, all the Lords and Counsellors present with the King at York, sign a Declaration disavowing any intentions of raising war. It is subscribed by the Lord Keeper, Littleton, the Duke of Richmond, the Marquis of Hertford, 18 Earls, 15 Barons, and 4 others. Clarendon says, 212, " There was not left a fifth part of the House of Peers at West- minster, and truly I do not believe there was near a moiety of the House of Commons who continued there." See, page 217, his reasons why both these Peers and the Commons, by withdrawing themselves from their proper stations, left the other party possessed of the reputation, authority, and power of a Parliament ; by which, it was evident the people would be easily, to a great degree, seduced. The whole argument, if it be valid for the period to which it relates, shews most forcibly the danger of temporizing, and the importance of the rule, "Principiis Obsta." There was, at this moment, no power of receding, and no benefit could result from the most earnest and conscientious opposition to a System which these Members themselves had originally sanctioned or feebly opposed, and which now found its thief support in the passious of a misguided and " headstrong multitude." 392 CHARLES T. 164-2. The Question is propounded, "That whatsoever Member A. R shall withdraw himself from the Service of the House without 18 particular leave, shall forfeit £20." On the Question, Whether this Question shall now be put, the House divides. The Noes go forth. Noes 100, Yeas 79. So it passes in the Negative. Resolved, upon Question, That the Committee of Privileges shall be revived, as to the Election for Arundell. Resolved, upon the Report of the Committee for Excuses, " That Sir Peter Temple shall be admitted, and freed from his mulct of £100. June 17. In the Commons, Report is made from a Conference touching a Printed Book full of Imputations against both Houses. " By this they do find a disaffection iu those Persons about his Majesty ; and, therefore, it concerns us to take Care, and provide for the Safety of the King and Kingdom." June 18. The Lords appoint the Lord "Wharton, to sit as Speaker this day. An Order is made to require the Lord Mayor not to divulge the King's Letter against bringing in Money or Plate. The Commons Order the Sheriff of Essex not to publish his Majesty's Proclamation touching the Militia. They, also. Order, that a Sermon preached by Mr. Cressie, at the Temple, on Sunday, be referred to the " Committee for Scan- dalous Ministers." June 20. The Commons appoint a Committee to search the Records in the Exchequer and elsewhere, to see what Oath his Majesty took at the Coronation, and what, other Kings, his Majesty's Predecessors, took. Lord Paget, by Letter to the Lords, gives Reasons for joining the King, saying, " Most true it is that my ends were the com- mon good ; and whilst that was prosecuted, I was ready to lay down my Life and Fortune ; but when I found a Preparation of Arms against the King under the Shadow of Loyalty, I rather resolved to obey a good conscience than particular ends, and am now on my way to his Majesty, where I will throw myself down at his feet, and die a loyal Subject." June 21. The Speaker of the Lords receives his Majesty's Answer to the 19 Propositions. The Sheriff and Gentry of Nottinghamshire address their Members " to maintain the Church, his Majesty's Royal Person, Honour and Estate, the Privileges of Parliament, and the Liber- ties of the Subject." June 23. The Earl of Salisbury returns to the Parliament. June 24. A Declaration and Protestation of divers Baronets, Knights, Gentry, Freeholders, and others, of the county of Lin- coln, is presented. Tlie Commons Resolve, (July 21) " That it is a false, scandalous, and seditious Petition, a high breach of the Privileges of Par- liament, and tending to set division between the King and his People, and that the High Sheriff be sent for as a Delinquent." June 25. Hall, Sword Bearer to the Ijord Mayor, is com- mitted to the Fleet, for proclaiming the King's Proclamation. June 27. The Lords Dunsemore, Lovelace and Strange are sent for as Delinquents. The Commons Debate on the King's Answer, and Resolve, to insist, that the Lord Chancellor or Lord Keeper, the Lord Treasurer, Lord Admiral, Lord Chief Governor of Ireland, CHARLES I. 393 Master of tlie Wards, the two Chief Justices and Chief Baron, 16i-2. shall be always chosen hy both Houses of Parliament. a. it. June 2". Tlie Lon/s licsolre, " 'That the Lord ]\Iayor sliall ^^ publish, at his peril, any of the King's Proclamations, as being ILLEGAL, AGAINST THE PeACE OF THE KiNGDOM AND THE Privileges of Parliament." June 30. Lord Say and ISeale is commanded to stay, notwith- standing a Command from the King. On a Keport from the Commons' Committee of Excuses, three INIembers are admitted, and freed from their mulct of i,'100. Ju/i/ 1. {Fridny.) The Commons make an Ordinance for restraining the Publication of Papers, Declarations, &c., in oppo- sition or derogation to the Proceedings of both Houses. July 2. A Conference is held on occasion of a Book lately set forth, intituled, " His Majesty's Declaration concerning Levies." The Lords desire it may be considered " into what condition all those Persons are brought who have obeyed the Orders and Commands of the Parliament, and that a speedy course may be taken by both Houses, to provide for the safety of the sittino- of the Parliament, and the Lives of Members, and of those who have obeyed their Commands." July 4. Ks(.ott, for words against the Parliament, is committed to safe Custody. "He never knew or heard of a Parliament that did proceed so basely. jVIany honest men of the House were grieved at their Proceedings, and Mr. Selden, who had more learning than a thousand round-headed Pyms, being demanded why he came so seldom to the House, made answer. That he knew not for what purpose he should come. They were so overborne, there was no good to be one." The King, by Letter, discharges the Earl of Northumberland as High Admiral, and the Earl of Warwick as Admiral of the Fleet. It is Ordered in the Lords, That the Earl of Warwick shall retain his Command. July 5. The Commons Resolve, That Mr. Hall, Curate of the Church in Convent Garden, shall be sent for as a Delinquent, for publishing, in that Church, his Majesty's Declaration. July 7. An Order is made for the Fleet to put themselves under the Command of the Earl of Warwick. A Declaration of the County of Hereford against the Parlia- ment, and " the new unheard-of State Law and I-iOgic, which styles That a Parliament, which is divided in itself, and severed from the King, the Head thereof," is received. It is Ordered, That the Printer be attached. July 8. A Declaration is agreed to, setting forth the Reasons and grounds that move the Parliament to raise Forces at this time. The Commons Order, That Mr. Dutton, a IMinister, be com- mitted to the Gatehouse, " for justifying the foulest and most scandalous Pamphlet ever raised or published against the Parlia- ment," (the Herefordshire Declaration.) Proceedings are taken against many other Publishers. July 11. The Lords make an Order to attach any one who shall put in execution the King's Commission of Array, in Cornwall. July 12. A Declaration is made by both Houses, " That no Persons shall be compelled to serve the King against their 3 E 394 CHARLES I. 164S. Inclinations, asbein^" ajijainst the Laws of the Land, the Liberty A. R. of the Subject, and to the disturbance of the public Peace ot the 1^ Kinsjdoni." The Commons Resolve, "That this House doth declare that, in this Cause, for the Safety of the Kixg's Person, the defence of both Kingdoms, S^c, they will live and die with the Earl of Essex, whom they have nominated General." Jiih/ 14. Dr. Heywood havins^ desired his Curate to read his Majesty's Declaration, is sent to the Fleet "as a Prisoner," by the Commons. July 15, The l^ords send for the Printers who printed his Majesty's Declaration. They appoint a Committee to consider of "taking down the Glass Windows in all Churciies." Tlie Commons summon ]Mr. Prinne, Under Sheriff of Middle- sex, as a Delinquent, for publishing the Declaration. In the Commons, Mr Whitelocke and Sir. B. Rudyard speak freely against a Civil War. The latter says, "If any man could have credibly told us that within three years ye shall have a Parliament, it would have been good news ; that Ship Money shall be taken away by an Act of Parliament, the reasons and grounds of it so rooted out, as tiiat neither it nor any thing like it, can ever grow up again ; that ^Monopolies, the High Com- mission Court, the Star Cliamber, the Jiishops' votes, shall ba taken away; the Council Table regulated and restrained; the Forests bounded and limited ; that you shall have a Triennial Parliament; nay, more than that, a perpetual Parliament, ivhich none shall have poiver to dissolve without yourselves, ive should have thought this a uream of happiness. Yet, now we are in HEAL possession OF IT, WE DO NOT ENJOY IT, although llis Majesty hath promised and published he will make all this good to us. We stand chiefly upon further security ; whereas, the very having of these things, is a convenient fair secin-ity, mutu- ally securing one another. There is more security olfered, even in this last answer of the King's, by removing the personal votes of Popish l^ords, by the better education of Papists' Children, and by supplying the defects of the Laws, against Recusants; beside what else may be enlarged and ini))roved by a select Committee of both Houses named for that purpose. Wherefore, Sir, let us beware we do not contend for such hazardous unsafe security as may endanger the loss of ivhut we have already. Let us not think we have nothing, because we have not all that tve desire ; and though we had, yet we cannot make a Mathematical Security. All human caution is susceptible of corruption and failing." Mr. Whitelocke says, "What may be the progress of Civil Wai*, the Poet tells us, ' Jusque datum Sceleri canimus, Populumque potentem, In sua, victrici, conversum Viscera, Dextra.' We must surrender up our Laws, Liberties, Properties and Lives into the hands of insolent Mercenaries, whose Rage and Violence will command us, and all we have. Reason, Honour and Justice will leave our Land ; the Ignoble will rule the Noble ; Baseness will be preferred before Virtue, and Profaneness before Piety. Of a potent People, we shall make ourselves weak, and be the instruments of our own Ruin. The Duke de Rohan observes of England, 'It is a great Creature which cannot be destroyed but by its own Hand:' and there is not a more likely Hand than that of Civil War to do it." CHARLES I. 393 July \ 6. A ^Messenger bringing down a Bill «o the Commons, 164.2. without Reading the Title, "which he orght to have done," the *• ^• House takes offence, but in regard of great busmess at that time, takes no more notice of it. J all/ 17. On a Division in the Commons, respectmg the Alter- ations of the Treaty by his Majesty's own Hand, the Yeas, lor admission, are G!), the Noes, 51. ,. , t, . . July 18. The Lords Order the Commitment ot the Fruiters who printed the King's Propositions to Sir John Hotham. V Censure is passed on the Nine Lords at York. It is Ordered, That they shall not sit or vote in this Parliament, shall not enjoy their Privilege, and shall be committed to the Toicer. July 20. " An Incendiary and factious Fellow," having said, " He hoped no honest, well-disposed man, would join the Parlia- ment. It was an 'Insanum Parliamentum,' worse than that at Oxford, that did traiterously go about to bring in a Democrat- ical Government, and to depose our most Gracious Majesty and all his lloval Branches. There were ten or twelve, the Plotters of this Treason, and unless they were made off" either by sword or halter, they would not only bring the rest into the like Treason, but the whole Kingdom to Ruin ;" he is Ordered, by the Lords, to be attached. _ July 22. On the Impeachment of Sir Robert Gurney, Knight and Baronet, his Counsel object to the reading of a Deposition. The Committee of the House of Commons excejjt against the Pleading of the Counsel at the Bar, to confront the Committee of the House of Commons, who did represent that House, without leave of the House. The Lords are of opinion, "That this House likes not well the interrupting of the Members of the House of Commons, without asking I-eave ; and that the Counsel take warning not to do the like hereafter." ,, , It is Ordered, in the Commons, That three Members gone ^ without Leave and Summoned, shall bear the Charge of the Messengers sent after them. , , ^t, v Information is received of Rumours to the Scandal ot Parlia- ment in Kent, and of warlike Preparations in divers Places. July 23. The Lords make an Order to suppress the Levies AGAINST Parliament, and that the Lord General pursue his Levies with Vigour and Speed. The House of Commons send up a Commission to continue the Irish Parliament. In the Commons, a Declaration is read, in answer to a Decla- ration and Message from his INIajesty, " laying Imputations and Aspersions on both Houses of Parliament." Sir Simonds D'Eioes saying, " There were many things m this Declaration taken out of other INIen's Pockets and Budgets, and before printed," is, by Order, reprehended by the Speaker. July 2b. Information is given to the Commons of a Printed Paper, "a Resolution and Declaration of the County of Hereford," full of Sedition, and scandalous to the just Proceedings of ParliU' ment. July 26. The Lords sentence Escott to Fine, Pillory, New- gate, and Sureties. The Gentry of Yorkshire send a Remonstrance to the Houses. An Order is made for the Indemnity of Persons employed in the Service of the Houses, and that they shall not depart this Service upon any Summons or Command whatsoever. 396 CHARLES I. 16J-2 Mr. George, Vicar of Cople, Bedfoi'dshire, having received A. R. two Declarations from Parliament, and one from the King, with ^^ a Command from the Parliament, that he should not publish that from the King, says, "Judge, Avhether I am to obey God or Man. Hy Goq's Word, I am commanded to obey the^King. I find no such C')mmand for the Parliament." Upon which he thi'ew away the two Declarations " scornfully." He is committed to Newgate, and fined £100. IVIr. INIerriott, Vicar of SwalclifF, is summoned for publishing his Majesty's Declaration. July 28. The Lords give Judgment against John Marston, Clerk, who had said, " The Parliament set forth Flams to cozen and cheat the Country, and get their Money, &c." He is deprived of all Ecclesiastical Preferments, made inca- pable hereafter to hold Place or Dignity in Church or Common- wealth, imprisoned in the Gatehouse, and ordered to give Sureties. Ju/y 29. The Mayors of Sarvnn and other Places are com- mitted for publishing his Majesty's Declaration. Divisions in the Commons are 69 against 51, and 89 against 43. Aiigust ]. (Monday.) Mr. Edward Terringham having said, " He would not obey an Order of the Parliament in opposition to the King's Patent, and that whosoever came from the Parlia- ment to lay hand on him, he had that should speed him, and that he was a Man of mettle," is committed by the I>ords. The Commons make an Ordinance for levying Tonnage and Poundage, (c) Aug. 4. The Commons send up a Message against the Earl of Portland, as not legally fit for the Command of the Isle of Wight, his Wife being a Recusant, and his Brother a Malignant. The Earl of Portland professes his Loyalty to the King, and his faithfulness to the Parliament, &c. He is committed to the Sheriff's care, and the Earl of Pembroke is ordered to secure the Isle of Wight. In the Commons, Serjeant Hide not having moved the House against one who said, " The Parliament were all Kebels," is dis- abled to serve any longer in the Parliament, and is sent to the Tower. Aurj. 5. The Lords receive divers Informations out of Somer- setshire, and send for many Persons as Delinquents. The Commons disable Sir Kalph Hopton and Mr. Thomas Smyth from sitting, and ccmimit them, for " Passages," at Shepton Mallet, concerning the King's Commission of Array. It is Resolved, That jNIr. John Digb}' be disabled, and sent for as a Delinquent. Aug. 8. Mr. Stephen Jackson having said, "That, upon Con- dition, Three or Four of tlie Parliament were hanged, he would hang with them," is committed to the Cxentleman Usher. The Lords send a INIessage to the Commons, " They have sent for lyord IMohun, and desire the Commons will join in sending for Sir Nicholas Slaiming, Sir IJevill Greenvile, ]\Ir. Arundell, Junior, their ]\Ieml)ers, and others from Cornwall, as Delin- quents ;" to which the Commons agree. Both Houses declare against the late Yorkshire Petition, " as one of the highest and most insolent that ever came to I'arlia- ment." Sir John Pawlett and Sir John Stoell, Knights for Somerset, (c) On the Illegality of this Procedure, see Clarendon, V. 229. CHARLES J. 397 are disabled for endeavouring to execute the Commission of 1642. Array, and new Writs are Ordered. •*■ •*• Aitg. 9. The Commons disable Sir N. Slaning, and summon ^® their other two jMembers. Aug. 11. The King's Letter is read, for Suppressing the Re- bellion under the Earl of Essex, with his Majesty's Pardon, ^c. The Commons disable Mr. Edward Hide, and three others, and Order new Writs. It is lieso/red, " That they (the Commons) shall maintain and assist the Earl of Essex with their I-ives and Estates, and that a Form of Covenant against the King's Proclamations, shall be prepared." Aug. 12. The Commons disable Mr. John Coventry and Sir Edward Rodney, and forthwith summon Sir Thomas Jermyn and jNIr. H. Coke. Atig. 13. The Lords make an Order, That the D • uty Lieu- tenants do not put the Commission of Array in F.xecution ; and Declare against the King's Proclamation relating to the Earl of Essex. The Commons Resolve, that W. Marquis of Hertford, Spencer, Earl of Northampton, H. Hastings, Esq., second Son of the Earl of Huntingdon, shall be accused of High Treason, for levying War against the King and Kingdom ; and that all SUCH as assist his Majesty, are Traitors to his Ma- jesty, the Parliament, and the Kingdom, and shall be brought to condign Punishment, for so high an Offence." The King's Printer is Ordered not to print any thing by War- rant from his JMajesty, that concerns the Parliament. Aug. 16. The Lords send for a ^Minister from Bedfordshire, who had preached to the Scandal of Parliament. The Devon Petition to the Parliament and King is received. Ordered. Mr. Rushworth to be paid i,'150 for his pains and fidelity in several Services. An Order is made to Su]>press the Commission of Array. The Commons disable j\Ir. Nicholas Weston and Col. Goringe. It is Resolved, That Alderman Pennington, elected liord Mayor, has Leave to attend the Trust and Charge, and remain, notwithstanding, a JNIember of this House. Aug. 17. The Lords Order the Earl of Suffolk to attend the House, against the King's Command. The King's Proclamation for Assistance, is read, and that he will set up his Standard at Nottingham, on Monday, the 22nd of August. The Committee is to report theNames of absent Members, not in the Service of the House. Aug. 19. Mr. Edward Jeffrey, Vicar of Southminster, is sent for as a Delinquent, for Words spoken against the Parliament. Aug. 20. The Lords pass an Order of Indemnity to Oliver Cromwell, &c., for staying Plate going to the King, from Cam- bridge. The Commons Resolve, That Sir J. Packington, Sir H. Herbert, and ]\rr. S. Sandys, shall be disabled, for assisting the Commission of Array, declared Illegal by the Parliament. A Committee is to jirepare a Declaration concerning the dis- abling of divers jNIembers, and the Causes, and to consider of some convenient way for the House to be filled. Aug. 22. The Commons disable Mr. Jervase Hollis, and sum- mon others, for scandalous Words. 398 CHARLES I. 164-2. Aug. 2% The Earl of Bath, for a Letter, with Reasons why A. R. he absents himself from Parliament, is sent for as a Delinquent. 18 Tne Commons summon the Printer of the University of Cam- bridge for a Book, and, next day, make an Ordinance to restrain the unbounded License of Printing. Aug. 25. The King, on setting up his Standard, sends a Mes- sage tor Peace. In the Commons, Mr. Gierke, "Vicar of Andover, having said, " Rather than Mr. Symonds should preach there, by Order of Parliament, he would lose his life ; that the Church was as much his own as his House, and he would hold his Right, let Parlia- ment do what they would ;" is committed to the King's Bench. Mr. Lake, Curate of Greenwich, having read the Kentish Petition, and the Instructions presented to his JMajesty at York, and suppressed by this House, is sent for as a Delinquent. Aug. 26. The Lords make an Order against Printing the Proceedings of Parliament, but by Authority. Aug. 26. Sir AV. AViddrington, and Sir \V. Carnaby, by Re- solution of the Commons, are disabled, for neglecting the Service of the House, and raising Arms against the Parliament. Ordered. The Lord Mayor to be required not to publish the Proclamation concerning the Setting up of the King's Standard. Ordered. Proceedings to be taken concerning irregular Print- ing against the Houses of Parliament. Aug. 27. The Earl of Southampton brings a Message of Peace from the King, and taking his Place in the House, is ordered to withdraw. The Lords refuse the Message from his hands, but will accept it from their Gentleman Usher. The Eavl, with dif- ficulty, accedes, and is Ordered " forthwith to depart this Town." In the Commons, Mr. Speaker had received a Letter trom Sir John Colepepper, Chancellor of the Exchequer, bringing a Mes- sage from his Majesty, and asking Leave to come to the House. The Question is put, whether the Question for disabling Sir John Colepepper to sit as a Member, be now put. The House divides, Y eas 26, Noes 69. Sir John Colepepper acquaints the House that he could not deliver the IMessage, but as a INIember of that House. He is brought in by the Serjeant, and informed by Mr. Speaker that he has leave. Having delivered a written Message, he withdi-aws. Resolved. This House cannot give answer till the Proclam- ation and Declaration be recalled, whereby the Earl of Essex, and both Houses of Parliament, &c., are declared Traitors, and until the Standard be taken down. The Lords negative this Resolution. On a Conference, a Form of Answer is assented to, and de- livei'ed to Sir John Cole])ep])er. Resolved, That the Lord General be directed to advance with all possible speed. Aug. 29. Ordered. ]Mr. Kirkeby and INIr. Orlando Bridgman to be disabled. Aug .30. The Gentleman Usher petitions the Lords, that his Prisoners may not be attaclied by the Serjeant at Arms of the House of Commons. The Commons disable Sir Richard Cave, and summon W. Stan- hope, Esq. The Commotis Order, That a List be n:ade of all Members turned out of the House. CHARLES I. 399 Resolved, John, Lord Pawlett, F. Lord Seymour, Sir Jolm 1642. Pdwlett, and Kleven other late IMembers, to be accused of High •*• "• Treason; and James, Lord Strange, Lord Marquis of Herts, '^ the Earl of Northampton and H. Hastings to be required by the Lords to appear by a certain day. Auff. 'M. It is Ordered in the Commons, That a jNfessage be sent to the Lords to put down all .Stage Plays, during this lime of distraction and fasting ; and that they be moved to join in an Order to send the Capuchins out of the Kingdom and to demolish their Convent, Sept. 1. {Thursday.) Ordered in the Commons, All Members that siiall appear on summons, and shall go down again without leave, to be disabled to sit any longer as INlembers. Resolved, Nemine Conlrndicente, " The Government of the Church by Archbishops, Bisiiops, their Chancellors and Com- missaries, Deans, Deans and Chapters, Archdeacons, and other Ecclesiastical Othcers, hath been found by long experience to be a great imj)ediment to the jierfect Reformation and growth of Religion, and very prejudicial to the State and Government of this Kingdom, and the House doth Resolve to take them away." Resolved, INIr. John Russell, a Member, to be committed to the Serjeant-at-Arms during pleasure, and the cause of his absence considered. Sept. 2. In the Lords, Sandeford is sentenced to Fine, Pillory, Whipping at the Cart's Tail, and committal to Bridewell for liife, for saying, "The Earl of Essex was a Traitor, and if any one should kill him, the King would protect him ; Tiiat ha hoped to see King Pym and Sir John Hotham hanged ; That the Earl of Warwick was a Traitor, and he hoped to see the Earl of Essex's head off"." The Commons disable 'Mi\ Chr. I^ukener. The Question, Whether the Question be now put that Sir John Strangeways be disabled, is negatived by 40 against 29. Ordered, That certain jMembers reported, be suspended, till the cause and time of their Absence be examined and further order made. Sept. 5. It is Ordered, in the Commons, That Lord Falkland coming with a jNIessage lor Peace from his Majesty, be received as Sir J. Colepepper was. He delivers his Message in Writing, which is twice read. It is Resolved, that their Arms shall never be laid down, until his Majesty withdraws his Protections from such as have been by both Houses, voted Delinquents. Resolved, That Sir W. Savile, Mr. Henry Bellassis, Mr. Jo. Bellassis, Sir Henry Slingsby, Sir Thomas Danby, Sir George Wentworth, of Wolley, Su- Thomas Ingram, Mr. \Villiam Mal- lory, Mr. Richard Aldborough, shall be disabled for sitting any longer. Resolved. Sir John Mallory to be summoned for this day thi'ee weeks at farthest. Sir John Strangeways to be disabled ; Sir Edward Alford and Mr. White to be summoned. Resolved. This House to concur with the Lords in setting forth a Declaration to shew the People the great Obstruction to Justice by the taking and detaining of the Great Seal out of the Custody of the Lord Keeper. Resolved. Sir Richard Lee and Sir Robert Howard to be disabled. 400 CHARLES I. 1642. Sept. 7- A Bill is once Read, to restrain Peers, made here >*• "• after, from sitting or voting in Parliament. ^^ Resolved, Sir Christopher Hatton, Sir Robert Hatton, Mr. Jeffr-ey Palmer, Mr. Henry Coke, Sir Thomas Fanshaw, to be disabled. Ordered. A Declaration to satisfy the Kingdom concerning the putting ojt of these Members, and the Committee to con- sider " How the House may be replenished.'''' The Impeachment of James, Lord Strange, Son and Heir Apparent of William, Earl of Derby, is read and assented to. Sept. 9. The Lords Order a Panijjhlet, " King James's Judg- ment of a King and of a Tyrant," to be burnt by the comnion Hangman. The Commons concur. Sept, 12. The Commons disable Mr. Richard Rogers and INIr. Richard Herbert. Sept. 13. A Third Message for Peace from the King is re- ferred to a Committee. Sept. 14. Lord Lovelace having returned from York, submits to the Parliament, and is received upon his Acknowledgment. The Commons Order an Impeachment of High Treason against the Earl of Lindsey, the Lord Willoughby, his eldest Son, and others, for levying War against the King and Parliament. Sept. 15. An Answer to his Majesty's Message is assented to, and sent up to the Lords, Sept. 16. Mr. Chicheley is disabled. Ordered. All Members to attend by Michaelmas Day at farthest, except those in Service of the House. A Committee is to inquire and receive Informations concerning Members and others who have incited his Majesty to this War against his Parliament. Ordered. Two Stationers to be summoned for Printing a scandalous Book. Sept. 19. Answers are read from Lord Mohun, Sir Bevile Greenevile, and Mr. John Arundell, of Trevise, with the King's Warrants, " that they continue in the County, and preserve the Peace." The Lords declare such Warrants Illegal. Resolved, in the Commons, Sir Bevile Greenevile to be disabled. Sir Jervois Clifton, and Sir Roger Palmer, to be summoned. Sept. 21. The Mayor of Chichester is brought to the Bar, and admonished, for publishing Illegal Proclamations of the King. Sept. 22. It is Ordered in the Lords, That the whole Estate of the Lord Capell be sequestered. Resolved in the Commons, The Lord Viscount Falkland to be disabled. Declarations are made against divers Troops of Horse and Companies of Foot, that do not obey the Lord General's direct- ions. Instructions by the l>ords and Commons now in Parliament, are delivered to his Excellency, Robert, Earl of Essex, General of the Army. Sept. 23. The Commons Resolve, That Sir Fred. Cornewallis shall be disabled. Sept. 24. Resolved in the Commons, On the humble Petition of John Russell, Esq., a Member, that he be discharged, and admitted into this House. Sept. 20. The Commons Resolve, That Three Pounds, per diem, be allowed to each of the Members going as a Committee CIl.VRLES I. 401 into Trelantl, to conimonce at tlie time of their takiriir jouriicv, 164-2. and to have £25!) a-piece, advance money, towards their Charges, a. n. Reso/ced, !Mr. .Jackson, for a Sermon, at St. Giles', without ^^ Cripplegate, to be committed to the Counter. Sept. 27, Tlie Commons lieso/re upon " an Impeachment of High Treason against Sir Thomas Salisbury, Sir llobert Cholm- ely. Viscount Kelly, Sir llobert Fitton, liart., Sir Thomas A.ston and Hugh Calveley, Ksq., High SheritFof the County Palatine of Chester, for War against tue King and his goou People, &c." Sepl. 2'). The Commons Order Proclamations for the appear- ance of Imj)3ached Persons by a certain day, &c. ; and that their Rents be sequestered. Sir llalph Sydenham is disabled. A Division takes place of 03 to 3G. October 3. (Mondai/.) The Commons Resolve on a Clause in his ^Majesty's Answer, against Petitions being brought by those, whom, by name, he hath accused of High Treason, "That it doth not stand with the Honour and Privilege of Parliament, that a Petition from both Houses should be delivered with^tmy such Restraint or Exception." Oct. 4. 3Ir. Charles Price is disabled. Oct. 5. Resolved. A Pamphlet, "A Speedy Post from Heaven to the King of England," to be publicly burnt, and the Author and Printer found out. Oct. 7- The Commons, at a Conference, insisting that the Lord General shall himself deliver the Petition of both Houses to the King, the I^oi'ds alter it, "Ey himself, or such hands as he shall think tit ;" to which the Commons agree. Oct. 8. Resolved, The Printers and Publishers of a Letter from the Lord F'aikland to the Earl of Cumberland, concerning the Action at "Worcester, to be sent to Newgate, and the Letter burnt, "half in Cheapside and half in Palace Yard." Oct. 12. My. P'ountaine is brought to the Commons' House as a Delinquent, for contempt to the Committee in refusing to give any answer, when demanded, whether he would contribute in this time of common danger. He now answers, "He con- ceives it is against the Petition of Right." It is Resolved that he be committed to the Gatehouse during pleasure; and that a Declaration be prepared, ^^ That such demand is according to Law, and a mark of malignity and disaffection shall be set on such as refuse." Oct. 13. oNIr. Dai-ell having said, "Mr. Pymme took a Bribe of £30," declares he had never any true ground, makes acknow- ledgment upon his knees, and on first day of next full Term, is to make the same at the King's Rench Rar, the Common Pleas' Bar, and the Exchequer Bar, the Courts sitting. Oct. 14. Mr. Hughes, Parson of Sheperton, having said, "There are younger Brothers, who, if the King will give tliem Pillage, will make the round-headed Rogues shake, and that it was fit the King should have some of the traitoriy Rogues," is committed to New Prison, IMiddlesex, during jileasure. Ordered, Sir John Lenthall to lay Irons upon such Prisonei's in the King's Bench as shew themselves disorderly and mutinous. Oct, 15. A Rill is sent up "For calling an Assembly of godly and learned Divines to be consulted with by Parliament, for settling the government of the Church of England, &c." The Lords agree with the Commons, "That the Fines, Rents 3 F 4,02 CHARLES I. 1643< and Profits of Archbishops, Bishops, Deans, &.C., shall be seques- A. R. tared ; and that the King's Revenues shall not be issued, but by IS order of both Houses." An Order is made for the Trained Bands to be in readiness. Mr. Fletcher, in the Commons, having refused an Answer respecting the Contributions, now says, "The doubt that remain- ed witli him was, that the Command of the King did lie with him not to lend. He had no command to lend, if lie had, he would lend." INIr. Speaker, by command of the House, informs him, "No such command ought to hinder hmi or any Subject else from pre- serving the Commonwealth." Ordered, The like "Wages to be paid to the Burgesses that serve for Lynne Regis, as have been formerly paid to sucli Alder- men as have heretofore served for the said Town, unless the Corporation shew cause to the contrary. Oct. 17- A Conference is held on the discharge of the I^ord Chief Justice of the King's Bench, by the King. There being but thi-ee Judges left, Berkeley, Heath and MaUett, Heath being with the King, INIallett committed to tlie Tower, and Berkeley being impeached, it is Resolved, That Justice Berkeley, having carried himself with modesty and humility, and inotfensively to both Houses, be pitched upon for keeping the Essoigns on Thurs- day next. Oct. 19. Lord Coventry submits to the House, and his Sentence of Impeachment is remitted. In the Commons, it is Ordered, That seeing the necessitous condition whereunto divers Persons of Quality and others, Pro- fessors of the Protestant Religion are reduced in Ireland, Tliree Thousand Pounds shall be issued for relief of those disturbed and despoiled British Subjects. Ordered, A Conference tor a Committee to prepare a Declara- tion and form an Association, for defence of the Protestant Religion, the Privileges of Parliament, and the Liberty and Property of the Subject. Oct. 22. Three Orders are made in the Commons, on inform- ation of his Majesty's approach to the Parliament and City, "with i7itent to destroy both Parliament and City." Oct. 24. An Order is made to remove the King's Children, now at St. James's, to some convenient House in London. Ordered, A gentleman of Kent, that goes under the name of the Lord IMoulineux, to be apprehended for great disservice to the Commonwealth. Oct. 25. Ordered, The Prayer used by Mr. Speaker to be con- sidered in Committee. Sir John Evelyn refusing an answer on the vote for assisting the Earl of Essex, "iv this Cause undertaken for the Preservation of his Majesty's Person, &c." it is Found, " That if any Member might have hberty when a Question was proposed, to refuse an answer, it would "destroy the course and Proceedings of Parliament." Resolved, Sir John Evelyn, who serves for Blechingley, Surrey, to be suspended during pleasure for refusing an answer to a vote propounded according to the fundamental Oi'ders of Par- liament. Resolved, That he be disarmed and committed to the Tower. Sir John Evelyn, then, accedes to the vote, and otters to lend CHARLES I. 403 £100, which the House accepts, and revokes the former Votes 1G42. and Sentence. ((/) a. r. Oct. 20. INIr. Chesljn, Parson of St. Matthews', Friday 18 Street, for scandalous words, in several Sermons, against the Parliament, is committed to Colchester Gaol. Nov. 1. {Tuesday.) The Sheriff of London is enjoined not to publish "His Majesty's gracious Proclamation to the Cities of London and Westminster." Ordered. All Members that live within 60 miles of London, and are not in the service of the House, to attend within three days: All others within eight days, and such as do not come, to be sent for by a INIessenger, and they to bear the Charges, (e) Resolved, Divers gentlemen to be sent for as Delinquents, and disarmed, for refusing to contribute. Ordered. To disarm all Popish Recusants, &:c. Nov. 2. Ordered. A Committee to search the Studies, Libra- ries and Papers of Dr. John Price, and he to be committed to Newgate, for composing and publishing a Book against the Parlia- ment. The Commons adopt the Lords' Amendments to a Bill ^'^ For suppressing Innovations in Churches and Chapels, and for better observation of the Sabbath." W. Darke, against whom was a Letter of Informations, denies all the particulars. Resolved, That he be forthwith committed to Newgate. Nov. 3. Resolved. A Petition from both Houses to be pre- sented to the King by both Houses, and a Letter signed by the Speaker of the House of Peers, to be sent by a Gentleman, with a Trumpeter. Nov. 4. Ordered. ]Mr. Barker, Printer to the King's Majesty, to be summoned for Printing the Pi'oclamation, intituled, "His Majesty's gracious Pardon to the Cities of London and West- minster." Nov. 5. A Letter from his Majesty, signed by Edward Nicholas, lledynge, 4 Nov., 1G42, is i-ead. Resolved. This House doth protest and declare against any such Message as this, as absolutely against the Privileges of Parliament, to admit of any exception to any j\Iember of either House, for carrying any INIessage from the Parliament to his Majesty, being required by direction of both, or either House; and that the Letter of Mr. Secretary Nicholas to the Speaker, be referred to the Committee for the safety of the Kingdom. (rf) Tn his relation to the Parliament, of the Battle of Etigehill, (Oct. 27) Lord Wharton states, " That it ivas conceived there were slain of the King's Partj-, 3,000, and on the Parliament's side, not above 300." Lord Clarendon, VL 253, says, " The whole number slain was above 5,000, of which Two Thirds were of the Parliamentary Army, and One Third of the King's." (e) The Parliamentary History, XII. 1, gives a Summary of the Divisions which had occurred during the last four months, from which it appears that the thin attendance in the House was the occasion of this Order. June 27, 42 against 27 .. 30, 49 .. 3.7 July 9, 12.5 .. 45 .. 19, 69 .. 51 .. 53, 89 .. 43 .. 26, 50 .. 33 July 2^ 82 against 32 Aug. 1.5, 42 .. 33 .. 17, 43 ,, 16 .. 27, 69 .. 26 Sept. 2, 40 .. 29 .. 29, 53 .. 36 In October, not one Division is entered. The largest number present was 170, and the lowest .59. ITie average of those present on twelve Divisions was 97. In August, 24 Members were expelled for various reasons. In seven of these cases, no new Writs appear to have been issued. In September, 25 were expelled, and only two new Writs were ordered. 404 CHARLES I. 16i2. P. J\I. Resolved. The names of the four gentlemen formerly A. R. 18 nominated, Lord Wenman, I\Ir. Pierpoint, Sir John Hippisley and Sir John Evelyn, of ^Viltes, to be sent unto his Majesty for a safe conduct. The Lords are desired to take the same care as to any four they may name. Ordered. To inquire of the I^ords whether there is any urgent necessity to sit To-morrow (Sunday.) It is answered, "The Lords will sit at Eight." Nov. 7- On the reading of a Petition of divers Aldermen and others of the City of London, in Gresham College and Crosby House, it is Ordered, That the Mayor take care forthwith to send all those who have subscribed it, to several Prisons, to be detained as Prisoners during pleasure. The King's Safe Conduct having been received and read, it is liesolved, This House holds it to be a denial in his Majesty, and a refusal to gi'ant a Treaty with the Parliament, in excepting unto one of the Messengers, and denying him a Safe conduct ; a Declaration on this denial to be prepared. Ordered. The Proclamation of his l^L-ijesty's Grace, Favour and Pardon, not to be proclaimed or published by any Mayors, Sheriffs, or other Persons whatsoever. Noi'. 8. A Warrant from the Sheriff of the County of York to Mr. Rushworth, to amend the Indenture of lieturn for Knaresborough, is read and allowed, and the Clerk of the Crown being called to the Bar with the Indenture, Mr. Rushworth there amends it. JVov. 14. Ordered. Winchester House, in St. Mary Overies, Southwark, to be forthwith delivered up, to make a place for the keeping of Prisoners, in these dangerous and troublesome times. Nov. 15. Sir John Merrick, a Commander in the Army, is re- ported to have said, "The House of Commons went too high." Nov. 17. Resolved. Notrcithstanding the Information against Sir John Merrick, Serjeant-Major-General of the Army, the House doth still hold their good opinion of him and his service, and doth desire him to repair to his charge, and continue the perlbnn- ance of it with the same care and affection to the service, as he hath formerly done. Nov. 18. The Lords Oi'der the Judges to sit, and not adjourn the Term, notwithstanding the King's Proclamation. The Commons Resolve, That it is lawful for all such Persons as shall be attempted to be disarmed by any Authority but by Order of both Houses of Parliament, to gather and assemble together to make llesistaiice, and if they kill or slaj' any that oppose them, they shall be protected by the Authority of Parlia- ment. Nov. 21. His JNIajesty's IMessage, sent to both Houses, on Saturday last, is read. Divisions take place upon it, of 75 against (JS, and of (>7 against (JO. Nov. 22. It is Resolved in the Commons, That the Process and Justice of Parliament, being the Supreme Court of Judicature, may have its free course and be exercised upon Delinquents, and that they may not be protected and kept from the Justice of Parliament. Resolved, That Religion, Laws and liiberty may be secured by the advice of Parliament. Nov. 23. The Commons Order, That on Friday next, the House shall consider a General Assess to be laid throughout the CHARLES I. 405 whole Khujdom for the supply of llie great occasions of England 1642. and Ireland. a. r. P. M. liesolved. Sir W. jNIorley, Sir Thomas Bowyer, INIr. 18 Mayo, and Mr. I^eeds, shall he disahled, , 64 to 52, 64 to 54. Resolved. To proceed against Lord Digby, and the Earl of Newcastle. Dec. 30. " The Lords and Commons, for divers weighty Reasons, having declared that they intend altogether to abolish and take away the Jurisdiction and Office of Archbishops, Bishops, Deans, Deans and Chapters, iScc, within the Kealm of England and Dominion of Wales, this day Order, that John Harvey, Clerk, be instituted to the Vicarage of Charde, Somerset, now void, and that an Injunction be laid on the Bishop and Archdeacon of Bath and AV'elis to induct no other." CHARLES I. 409 Tlie Commons Reso/re, 'I'hat Ilis^rajesty he desired to remove tlie Earl of Bristol from Court and Office. A Division occurs of CI affaiust 48. Reso/ved. His Jlajesty to be desired to appoint the Persons now named, to 12 Public Offices. Jan. 2. ( Moiidrn/ ) Tile Lords refuse a Petition from tlie 1643. Apprentices of I>oii(lon, as brought in a tumultuous mann?r. a. r. Thev are reprimanded for disorderly behaviour but their Peti- 18 tionis received on the Ibllowing day. " It prays the Lords to ponder and prosecute their pious intentions lor Peace, leaving no just way iinattempted, that the undiscerning Sword be not umpire to deciile controversies of so near discernment : neither that they would give Audience to Incendiaries whose only view, they fear, is to prey npon the Lives and Livings of His Ma- jesty's loyal subjects." John \Vright is committed to the Counter for a Book against the Parliament, "A Complaint to the House of Commons," which is to be burnt &c. The Commons divide, yeas 70, noes 57. Jan. 3. It is Ordered, that Eley House be delivered to the Serjeant-at-Arms, for securing Delinquents, and that for repara- tion of said House, a Competency be allowed out of the Bishop of Eley, his Rents. Jan. 4. The Lords make an Order, "to compel Soldiers to come to their Colours." Jan. 5. The Lords Agree, That Lambeth House, Lord Peters' House in Aldersgate, and the Bishop of London's, near St. Paul's, shall be converted into Prison Houses. On a Proposition concerning an Act of Oblivion, the Noes are 54, Yeas 47. Resolved. To be inserted, "That in the General Pardon which your Majesty has been pleased to offer to your Subjects, all offences and misdemeanors, committed before the 10th January, 1G41, which have been, or before the 11th January, l(J43-4, shall be questioned and proceeded against in Parliament, upon com- plaint in the House of Commons, shall be excepted. Jan. 7. Four Persons are committed to the Fleet for Pamph- lets and Libels against the Parliament. A Declaration is made concerning the Illegality of the Kinefs Commi.'ision of Array, and against an "Association of Neutrality," in Cheshire. An Act passes the Commons for clearing the IMeinbers accused, 3 Jan., 1641. An Act passes against the enjoying of Pluralities of Benefices bv Spiritual Persons, and against Non-Residency, with a Proviso, "That the Bill might not extend to such Parishes where are divers Presentations, Collations or Portions of Tithes, unto which several Presentations or Collations are or have been used to be made." Ordered, INIr. Catlyn to be sent for, at his own charges, for neglect of frequent Summons. Jan. 9. Ordered. No man committed by either House for levying actual war against the Parliament, to be permitted to go abroad, and no one to speak to, or Letters to be received by, him. Jan. 10. The I-ords release the Earl of Portland, and admit him to attend as a Peer. Upon a Question and Division in the Commons, the Tellers can- not agree as to the numbers. The House is again divided, and all 3 G 410 CHARLES I. 1643. not present on the first tellinir, are ordered to withdraw. The Tel- A. R lers now lleport, Yeas 33, and " I'or the Noe," 33. It is desired that 18 Sir Nath. Barnardiston, who was present at the First, hut came not in upon the Second Telling, till the lleport was made, may be Told. It is doubted, whether he should be Told. On the Question, the House divides and the Yeas go forth. But the Noes yield before the House is told. He being told, the Noes are 34. Jan. 11. The County of Hertford sends a Petition for Peace. Jan 12. Two Printers are committed to the Fleet for print- ing "His Majesty's gracious Answer." John Hawkins having refused to obey an Order of the House, saying, "It was a base slinking Warrant, and he could not con- ceive but that there was Treason and Treachery in it," is com- mitted to the Fleet. The King having answered the London Petition, a Committee is appointed to vindicate the Parliament against the King's Aspersions. The Commons Resolve, That the King's Printer be required and enjoined, not to ))rint or publish his Majesty's Answer to the Petition of the Lord Mayor and Aldermen, &c., of London, presented at Oxon. Jan. 13. Ordered. Sir B. Iludyard to attend the service of the House. Jan. 14. The Lords Order the Clerk of Parliament to pro- vide a Printer to print things ajjjjointed by Parliament, and the Printer to provide a lietter only for such matters. A Division takes place in the Commons, of 53 to 49. Jan. IG. I'he Lords pass the Bill against Pluralities. The Commons Resolve, Sir John Mallory, Mr. George Vane, Mr. Edward Seymour, shall be disabled, iS:c. White, a Singing JMan, is sunnnoned for reading the King's Answer openly in the Abbey Church. Ordered- A Proposition to be added to those to be sent to his Majesty, That he will be pleased to restore Members of either House to their several Places of Service, out of which they have been jnit since tlie beginning of this Parliament. Jan. 17. Warrants are Ordered to issue against two Persons for scandalous words, &c. Jan. 19. The Commons divide, 50 against 35. Jan. 21. The Act tor Abolishing Archbishops, &c., passes the Commons. Jan. 24. It is Resolved, That the Sheriffs of London shall be saved harmless, lor not jjublishing Proclamations, &c., contrary to the Orders of both, or either of the Houses. Sir Benjamin Ayloife having accepted a Commission from his Majesty, as Sheriff lor Essex, is committed to the Tower, for contempt. Jan. 2G. The Lords Order the Printer of a Letter to be attached. The Lords pass the Bill against Episcopacy, neniine contra- dicente. It is Resolved, That this Bill shall be sent up, with certain Propositions from both Houses, to the King. Resolved, in the Committee for the present Raising of Monies, 1. Such are to be raised after the yearly value of Lands. 2. At the Kate of 12f/. in the Pound, of such value. 3. Are to be i)aid within six Months, 4. Monthly, at 2d. per Month. CHARLES I. 41 1 Sir Francis Cole iiaving said, "Tliis bloody rai-li;inient souglit 1613. their own ends, and endeavoured to get the Great Places of the a. k. Kingdom at their disjiosal, and that if niv liOrd (Irey came '8 thither to iiliinder the Country, he should be resisted," is sent for as a Delinquent. Jan. 2f) and .'$0. Divisions occur in the Commons, of 34 to 38, and of 53 to 43. (/) Feb.\. {Wcdiieailaij.') ]\Ieasures are taken against Dr. Seaton, who had deserted his Cure, and betaken himself to the Army of the "Cavaliers." His Living of Bushy is sequestered, {g) Ordered in the Commons, The Committee for Assessing Members, to assess sucli as have not done any thing, or proijor- tionable to their Estates. The Propositions from the Parliament are presented to the King at Oxon. Feb. 2. It is Ordered in the Commons, That such JNIen bers as have levied War, or contributed to the Forces raised agaii s. Par- liament, and such Lawyers, JMembers, as have repaired to (Jxon, while the i*rmy is there, shall be disabled. Reso/rcd, INIr. lloberts. Curate of Allliallows, Barkeinge, INIr. Thomas Wall, Lord Allington and others, for speaking against the Parliament, shall be sent for as Delinquents. Many Prisoners are removed to Windsor Castle. Feb. 3. 'I'he Protits of Two Livings are sequestered. The Lords pass an Ordinance to impress Seamen. Ordered in the Commons, Ihe Printers of the Complaint, &c., to be sent to Newgate. Resolved, Five Gentlemen to be committed to different Prisons, and, of Two, the Estates, Personal and Real, to be sequestered. A Committee is appointed to consider of Sequestering and Seizing the Estates of all who are, or shall be, in War against the Parliament. Feb. 4. Resolved. ]\Ir. Fanshawe, 'M\: Thomas Coke, IVIr. Selden, Lord Monson, INIr. Serjeant Euers and JMr. Potter to be sent for as Delinquents, for not appearing on Summons. A Division of 41. against 20 takes place in the Commons. Feb. G. Resolved. His IVIajesty's Answer to the Propositions of both Houses, presented at Oxon, to be ])rinted. Among other matters in this Answer, the King says : "Without telling his good Subjects that their lieligion (the true Protestant Beligion in which he was born, hath laithfuliv lived and to which he will die a willing sacrifice) their Laws, Liberties, Privileges and safety of Parliament, were so amply settled and established, or offered to be so, by his l^lajesty, before any Army was raised against him, and long before any raised by him for his defence, that if nothing had been desired, but that Peace and Protection which his Subjects and their Ancestors had in the best times enjoyed, this misunderstanding and distance (/) In December, a confederacy having taken place between the Parliaments of England and Scotland, the King issued a Proclamation, inviting all such Members of both Houses as had left their Seats at Westminster, to meet him at Oxfoid. Incon- sequence of this, the Convention, or .\nti-Parliament, is formed. The Members of the Convention wlio subscribe a Letter to the Earl of Essex, are his Highness, the Prince, the Duke of York, 43 Peers (Dukes, Marquisses, Earls, Viscounts, Barons), and 118 Mem- bers of the Commons. Clarendon, VII. 382, says, " In the Parliament of London, or engiiged in their Party, were not above ii Peers." Fifty-two Peers with the King address a Letter to the Scots' Privy Council, touching their Expedition into England, and shewing how few Peers were left at Westminster. Kg) The Term " Cavaliers," occurs for the first time in the Journals. 412 CHARLES r. 1643. between his ^Majesty and his People, and this general misery and A. R. distraction upon the face of the whole Kingdom, had not been 18 now the discourse of Christendom. IJut his jNlajesty will for- bear, &c., that if it he possible, the ]\Iemory of it may be lost to the world, and therefore, though many of the Propositions appear to him very derogatory from, and destructive to, his just Power and Prerogative, and no way beneficial to his Subjects; few of them being due to them by the Laws established, (and how un- parliamentary it is by Arms to require new Laws, all the world may judge) yet because these may be waved or mollified, and many things dark and doubtful be cleared and explained upon Debate, his Majesty is pleased (such is his Sense of the miseries of the Kingdom, &c.) that a speedy Time and Place be agreed vipon to discuss these Propositions and such others as his Majesty doth now propose. (Then follow C Propositions.) " This offer and desire of his INIajesty he hopes will be cheer- fully entertained, that a speedy and blessed Peace may be accomplished. If it shall be rejected, or by insisting upon un- reasonable circumstances, be made impossible (which lie hopes God in his mercy to this Nation will not sufier) the guilt of the blood which will be shed, and the desolation which must follow, Avill lie upon the Heads of the Refusers. However, his Majesty is resolved, through what Accidents soever he shall be compelled to recover his Rights, and with what prosperous success soever it shall please God to bless him, that by his earnest constant endeavours to propagate and promote the true Protestant Reli- gion, and by his governing according to the known Law of the Land, and upholding the just Privileges of Parliament, accord- ing to his frequent Protestations made before Almighty God, which he will always inviolably observe, the world shall see that he hath undergone all these difficulties and hazards for the defence and maintenance of those; the zealous preservation of which, his Majesty well knows, is the only Foundation and Means for the true happiness of him and his People." Feb. ?• The Lords consider the King's Answer, and Resolve, to have a Cessation of Arms, that there may be a Treaty. Feb. 9. Privilege is allowed to Belford, King's Serjeant. In the Commons, Divisions take place of, 102 to 92 ; 87 to 108 ; 83 to 114; 82 to 72; 73 to 113; 70 to 111; 8(; to 100. Feb. 13. In the Commois, the Question, Whether there shall be a present Cessation of jVrms, in order to the Treaty, before the disbanding of the Armies ? passes in the Negative. Resolved. "When his jNIajesty shall have assented to a Dis- banding, and the Time and JNIanner of it, then the time for a Cessation shall be agreed on. They present several Reasons why there should be no Treaty before Disbanding. Feb. 14. ]Mr. NVorthy, a Gentleman of the Privy Chamber, is allowed Privilege. Feb. 15. The Commons Resolve, That Mr. King, IMr. Whitacre, and ]\Ir-. Davies, shall be sent for as Delinquents for contempt of Summons. Resolved. Sir James Thinne to be disabled for the same. Feb. If). The Lords Resolve, " Not to recede from their former Votes, but to adhere to them, notwithstanding the Reasons of the House of Commons." The Commons Resolve, That the Lord Comjiton shall be dis- abled. CHARLES I. 413 Feb 17 The Lon/A- send down their Resolutions as to a Treaty. 1643. The Commons del)ate thereupon. On Question, Whether to a. r. enter into a 'J'reatv before disbanding, it is carried ni the Affirm- ative bv two Divisions of 7'> ngainst 7H, and of »« against JCi. Sir IJenjamin Kudvard speaks strongly in favour ot the 1 rcaty. Feb. \i\ and -20. Two Divisions occur in the Commoiis, of 'JD against (J7, and 49 against 29. , ^ _ . ,. -p . . ' Feb. 20. An Ordinance is made for Sequestering the instates of Sir Italph Hopton. Feb. 21. The Lords attach the Pruiters of divers Pamphlets. It is Ordered, That the Livings of St. Margaret's I.othbury, and St. :\Iartin's in Vintry, be sequestered ; and (23rd) that of St. Nicholas, Olave. The Commons Order, That the Sheriffs of London and jNIiddlesex do not publish a Proclamation for the payment of his INIajesty's Rents and Revenues, at his City of Oxon. Feb. 23. The Lords Order Martial Law to be executed by Sir AV. Waller. Feb. 23 and 25. Divisions take place in the Commons, of 50 against 39 ; of 27 against 18; and 52 against 32. Feb. 27. Rv Command of the House, ]Mr. Speaker enjoins ]Mr. Sainton, a Jlember, not to proceed any farther in a Quarrel with ]Mr. Ciiles Hungerford, and not to send or receive any Challenge, though struck by ]Mr. Hungerford in the Hall. ]\Ir. King is disabled, &c. Feb. 28. The Question is propounded, Whether four of the Committee that last attended his ^Majesty be now sent on the Treaty : and the Question being put, Whether this Question shall 'be now put, the House divides. The Noes go forth, 71, against Yeas, 41. So the Question passes in the Negative. The House then passes the particular Members named, parti- cularly upon the Question, and upon particular Questions. Articles of Cessation, previous to the Treaty, are agreed upon. It is Ordained, that the several Judges and Justices of Assize of the several Courts, &-c., forbear to execute any Commissions ' of Assize, this Lent Vacation, as they will answer the Contempt thereof at their Peril. A Division takes place of 64 against 42. March 2. {Thursday.) Resolved. An Ordinance to be made for Sequestering the Estates of Deans, Deans and Chapters, &c. A Proclamation of his ^Majesty, forbidding any of his loving Subjects to raise Forces without his Consent, or enter any Asso- ciation or Protestation for assisting the Rebellion against his Majesty, having been read : (h) it ii>'l{esolued, That a Committee prepare a Declaration for Vindicating the Proceedings of Parliament /j'om the Scandals laid iipon them in this Proclamation, March 3. The Lords make an Order for Sequestering the Profits of Five several Churches. March 4. The Commons divide, 54 against 46. March C. Resolved, in the Commons, Sir. Walker to be disabled for Contempt of Summons. March 7. The Commons propose to the I>ords to consult the Earl of Essex on the King's Answer to their Articles of Ces- sation ; to which the Lords agree. Report is made on an Ordinance for seizing the Estates of (A) Pari. Hist. XII. 178 414 CHARLES I. 1643. Delinquents. The Question of Re-committing is rejected by 51 A. R. 18 against 42. Resolved, That the Ordinance do pass. Divisions take place of 28 to 24, and 27 to 24. March Q. In the Cotnmons. Sir Ilobert Coke not being able to contribute any thing on the Propositions, " with the Safety of his Conscience," not having shewn his Arms upon the Ordinance for the ^Militia, and having absolutely refused taking the Protest- ation : It is Resolved, That he be sent Prisoner to the Tower, his Houses disarmed, his Horses seized and taken. Ordered. A Committee to have power to search any House or Place where Presses may be for printing scandalous and lying Pamphlets, to demolish such Presses, and commit to Prison the Printers. Ordered, To Sequester the Profits of certain Churches named. Resolved. Mr. Endimion Porter to be disabled. A Division occurs of 59 against 47- March \\. The Lords make an Order to apprehend Robert Childe, " for traiterous and scandalous words, in derogation and contempt of the Person and Dignity of the King." Mr. Conisby, High Sheriff of Hertford, is reprehended and committed, for saying, " It was below him to petition the Par- liament, having the King's Authority in that County." It is Ordered, That the names of certain Soldiers who used scandalous words against the Earl of Suffolk, be Reported. Divisions take place in the Commons, of 00 against 52, and 87 against 66. March 13. At the desire of the Commons, the Lords agree to the Sequestration of three Livings. March 15. Resolved. Sir John Brooke to be disabled. March 16. Walker, for printing scandalous and seditious Pamphlets, "A Declaration of both Houses of Parliament," and " The Remonstrance of the Commons of England, assembled in Parliament," is committed by Order of the Lords. Orders of the Commons, for divers Sequestrations of Church Property, are sent up. Resolved. Mr. IMatthew Davies to be disabled. March 17- The Lords Order, that Rayner, attached for Words against his Majesty, shall answer at the next General Assizes for Surrey. Ordinances are made in the Commons, for the Sequestration of Church Property. The House divides, 58 against 48. After Conferences, the Houses agi"ee to Articles as altered by the Earl of Essex ; and they adopt Instructions for their Com- mittees to attend his JNIajesty at Oxford. March 18. A Division takes place in the Commons, of 76 against 36. March 21. The Commons make Orders for Sequestering Church Property, (i) March 22. The King sends Exceptions to the Parliament's last Articles of Cessation, " as in efi'ect the same to which his («■) On the 19th, the Lords and Commons of Parliament assembled at Oxford, publish a Declaration, setting forth their endeavours for Peace, and their Keasons for absenting themselves from Westminster. For the names of these 82 Peers, and ITri " Commoners of rank and importance," see the Pari. Hist. XIII. 73. Of those who remained at Westminster, it is observed, " How small the number ; and of those, how few, in truth, have Kight to sit there.'* CHARLES I. 415 IVfajesty fi)rmerly excepted, and as, to the freedom and liberty 1643. of his good Subjects, there is not the least admission given by ■*. k. these Articles. He is willing, however, to treat even without 1** a Cessation, (if that be not granted,) on the Propositions them- selves, in which Treaty he shall give all his Subjects such Satis- faction; (if any Security to enjoy all the Rights, Privileges, and Liberties, due to tiiem by the Law ; or that happiness in Church and State, which the best times have seen ; with such further Acts of Grace, as may agree with his Honovir, Justice, and Duty to his Crown, and as may not render him less able to protect his Subjects, according to his Oath, will satisfy them,) that he is confident in the Mercy of God, no more precious blood of this Nation will be thus miserably spent." March 23. The Lords Order the Sequestration of the Profits of St. Thomas, Southwark, and agree to Eleven other Seques- trations of Churches, sent up by the Commons. A Message from the Lords informs the Commons, That, as by reason of their sitting upon Committees in the forenoon, the business of the House cannot be conveniently dispatched, they intend to sit, as a House, every morning at Nine, and meet at Committees every afternoon. Maich 24. The Lords Order, that Thomas Holt, Vicar of West Zoiland, Somerset, be attached, " for ius^olent and base words against the Parliament." Also, " That the Estates of those in Chester, wiio are in Rkbkllion against the King," be seized. An Order is made in the Commons (55 to 40) to forbid the Tower Guns firing on the 27th, the Anniversary of his Majesty's Accession. March 25. The Lords Order the Sequestration of the Profits of the Parish of Thorley, Herts, and (28th) of Horsham, Sussex. Motion is made, and Question put, in the Commons, Whether Liberty should be given to speak against the Order of Yesterday. The House divides, and it is carried in the Affirmative by (Jl against 5«. Another Question is put, Whether that Order shall be revoked. This passes in the Affirmative by 75 against 57. March 27- liesolved. Mr. Ferdinando Stanhope to be disabled. An Ordinance is made against the payment of any Monies, &c., to the Archbishops, ]3ishops, Deans, &c. March 28. Resolved, The speedy execution of the Order for Assessing Members, towards the Maintenance of the Army, to be proceeded in, as one means of raising Money. March 29. An intercepted Letter from Mr. Endimion Porter is read, imputing the distractions " to four or Jive ambitious Villains.'''' April \. {Saturday.) The Question for enlarging the time for the Treaty, is carried by Divisions of 62 against 56, and of 57 against 54. Ajnil 3. The Commons Resolve, That " Sir Hugh Cholmeley shall be forever disabled, and be impeached of High Treason," The House divides, 54 against 41, and 72 against 36. April 5. Sir Thomas Pay ton is summoned "forthwith." Divisions occur of 35 to 33, and of 54 to 44. April 7. The Commons having voted, that a Letter, to be sent to the Commissioners at Oxon, be signed by the Speakers of both Houses, as hath heretofore been visual ; the Lords are willing to agree, but are not satisfied of the Practice, whether usual or no ; and make an Enti'v accordingly, with a Salvo, " that it mav not be prejudicial to the Privileges of the House of Peers." 416 CHARLES I. 1643. The Commons^ House divides, 83 against 51, and 24 against 15. A, R. April 10. The Commons Order, That such Members as have ^8 been absent since Christmas, shall not be admitted, until Satis- faction given to the Committee for Absent Members, &c. Many Sequestrations are ordered of Church Property. April 12. The Lords send down the King's Answer to the Parliament's Proposition, received Yesterday, in which his Majesty says, " As soon as his Majesty is satisfied concerning his own llevenue, IVIagazines, Ships, and Forts, in which he desires nothing but that the just, known, legal llights of his Majesty, (devolved to him from his Progenitors,) and of the Persons trusted by him, which have been violently taken from both, be restored unto him and to them ; as soon as all the Members of botli Houses shall be restored to the same capacity of sitting and voting in Parliament, as the}' had upon the 1st of January, 1G41 ; the same, of right, belonging unto them by their Birth-rights, and the fi"ee Election of those that sent them ; as soon as his IVIajesty and both Houses may be secured from such tumultuous Assemblies, as, to the great breach ot the Privileges and the high Dishonour of Parliaments, have formerly assembled about both Houses, and awed the Members of the same, and occasioned two several Complaints from the Lords' House to the House of Commons, to join in a Declaration against them, the complying with which desire might have pi-evented all the miserable distractions which have ensued ; which security his Majesty conceives can be only settled by adjourning the Parlia- ment to some other Place, at the least twenty miles from London, the Choice of which his Majesty leaves to both Houses: His Majestv will then most cheerfully and readily consent that both Armies" be immediately disbanded, and give a present jNIeeting to both his Houses of Parliament, at the time and place at and to which the Parliament shall be agreed to be adjourned." {k) It is Ordered, by both Hovises, " That the Commissioners SHALL BE FORTHWITH RECALLED." Ajiril 18. The Common Resolve, The Assault this day made by the Earl of Northumberland, in the Painted Chamber, upon Mr. Marten, a Member of this House, presently after the Con- ference ended, and before his return to the House, is a breach of the Privilege of the House, and lleparation shall be demanded at the Bar of the IjOihIs' House. Ordinances are made for Sequestrations. April \9. Resolved. " Baronet Stepney" to be disabled. Report is made from a Conference. Their Lordships comjilain of a breach of their Privileges by Mr. JMartyn, in opening a Packet of the Karl of Northumberland, and express an earnest desire of a good Correspondency. Lord IMandeville desires the House to take into their thoughts the Story of" Hippocrates' Twins." Resolved. A Committee to consider what Rejjaration ought to be given to both Houses, and to desire the Lords to join. (k) On the Ifith of April, the King makes a Speech to his Parliament at O'sford, and adjourns the meeting to the Hth dan "/ October. This adjournment was anoUier ot the incautious measures adopted bv the King. The present moment was the " lule \n his Affairs," which was neftlected, wlun it might have led on to fortune. The Parliament of Westminster was diminishing daily, and its Members were tioeking to the King. From this time, all hopes of Security for their Persons or their Estates were lost, except on the condition of an un(|ualifiod submission to their Masters at London. Ihe spirit of loyalty was extinguished in the absiiuc (jf any fixed point to which the con- scientious adherents of constitutional measures might resort, with safety to themselves, and with advantage to their cause. CHARLES I. 417 April20. Many Orders for Sequestrations of Church Property 1643. being sent up IVoni the Commons, the Lon/*- conceive that these a- a. Orders are an Invasion of the Privileges of their House in point ^^ of Judicature; and Resolve, that a Conference shall be held, "to desire that things of tliis nature inay proceed in the same manner as in undent times, and tliat the Informations and Witnesses may be bronght up together, that their Lordships may see the (/round upon which they are to found their Judgments.'" Tiiey Order a day to be appointed to hear the Witnesses con- cerning divers Seciuestralions, already brought up, and not passed. April 21. Tiie Commons Resolve upon a Conference, to insist that their Clerk be styled, "Clerk of the Parliament of the House of Commons :" First, because of use and custom ; and, Secoitdli/, because in the Act, G Hen. 8, c. IG, he is styled, "Clerk of the Parliament appointed for the Commons' House." The Lords refer it to a Committee, to all the Judges and the King's Counsel. Resolved. Every Wednesday and Friday, the Commons' House shall meet at 8 and rise at 9; the residue of those days to be apjilied in Committees, especially for raising Money, &c. April 22. The Lords' Committee Reports, that G Hen. 8, a Patent was granted to Robert Ormeston, to be " Sub Clericus Par- liamenti ad attendendum super Communes Regni nostri Anglite," &c. The Committee are of opinion that the words of the Bill must be altered, being repugnant to the Statute and Patent, but think it may run, "Clerk appointed for the Commons' House." On a Conference the Commons agree to " Clerk of Parliament appointed for the Commons' House." Resolved in the Commons, Sir Robert Honeywood shall be sent for as a Delinquent, for reproachful Speeches, &c. April 25. The Commons desiring that the Earl of Chester- field taken in arms against Parliament, may be removed with consent and order of both Houses; the Lords conceive it to be contrary to their Privileges, because this House hath power over their own Members, to send for and dispose of them as they please." A Letter from Elizabeth, Queen of Bohemia (dated Haghe, 13 April, 1643) to the Speaker, complains of the interception of her Letters to the King, her Brother, and her Sons, and the stopping of her Supplies. May G. (Saturday.) In the Lords, many Examinations for Church Sequestrations sent up from the Commons, take place (daily.) The Commons assent to a Declaration on the Result of the Treaty, and deliver it to the Lords. May y. Seven Members are enjoined to attend. May 11. Resolved. Sir Simouds D' Ewes to be forthwith summoned. Resolved. The Great Seal of England, ought, by the Laws of the Land, to attend Parliament; the Great Seal doth not so attend, whence the Commonwealth hath suffered many grievous mischiefs te)iding to the destruction of the King, Parliament, and the Kingdom: and it is the duty of both Houses to provide a Speedy Remedy. ]\fay 13. The House divides, 56 against 3G. May 15. The Commons Order and Declare, That the Citizens and Inhabitants of any City or Corporation in England and 3 H 418 CHARLES I. 1643. Wales that have been or are in War against the Parliament A- "• shall be Dis'^ranchised. '9 Uesolred, (by «G aj^ainst 74) That a Great Seal of Enj^land be forthwith made to attend tlie Parliament. Mai/ IG. Tlie Lords Order the Estate of Lord Capell to be sequestered to tlie use of the Lord General. 3rai/ 17. An Order is entered in the IvOtds' .Journals for sequestering the Jurisdiction of the Archbishop of Canterbury, according to a vote of the Commons. An Order also passes (18th) for sequestering the Estate of the Earl of St. Albans. Resolutions pass the Commons on Taxing many Commodities. (I) J\Iay 18. A Declaration is Ordered in tlie Commons, setting forth, "That tlie llebellion in Ireland, and this in Enghuidj spring from one Head, the utter Overthrow and Extirpation of the Protestant Religion." The House divides, 49 against 47. il/rt^ 20. The Commons Resolve, That IMr. Ralph Sneed, taken Prisoner at Stafford, shall be disabled. The House divides, 3G against 30. An Ordinance is mide against divers Traitors and Rebels, who, by colour of his Majesly^s Authority, have levied War against the Ki.vo, Parliament and Kingdom. May 22. The Commons divide, 49 against 5. May 23. A Petition from Laud, Archbishop of Canterbury, long a Prisoner in the Tower, is presented to the Lords, They think fit, in charity, that he should have some maintenance to supply his Extremities, and recommend the Petition to the Commons; who take no notice of it. Resolve'!, in the Commons, nemine contradicente. That the Queen, Henrietta INIaria, hath levied War against the Par- liament and Kingdom, and that she be accused, in name of all the Commons, of High Treason. Ordered. The Lords to issue Proclamations for her appearance to a day certain. The Lords make an Entry, " This is to be considered of'' May 24. The Lords Order, Sir John Burroughs, Garter, to speedily return to the Court of Parliament a perfect List of the Peers, with their Christian Names, and the times of theh" Creation, for the Service of the House, (m) JMay 25. xV Division occurs in the Commons of 30 against 24. Resolved. It shall be added to the former vote in answer to his Majesty's Message, concerning Ireland, " That it is against (I) This is believed to be the first instance in which a Tax was laid in the nature of an Excise Pari. Hist. XII. iJoO. (w) The whole number of Peers entered on the Lords' Journals on the 18th June, 1G25, 1 Car., was as foUows : — two Archbi^hops, C4 Bishops, one Duke, one Marquis, 38 Earls, 10 Viscounts, 4G Barons ; total 122. Of these, •were present on that day, one Archbishop, 19 Bishops, one Duke, one Marquis, 19 Earls, 5 Viscounts, i.6 Barons. Through this year, 1625, and the following years to the first Parliament of the year 1640, inclusive, daily Lists are taken of the Peers present. Of these it may be noticed, that previously to 1640, the attendance appears to have been sufficiently uniform. Thus March 28, a.r. 2, there were present l(i Bishops, one Duke, 23 Earls, 3 "Viscounts, '2\ Barons. March 17. a.r. 3, 13 Bishops, one Duke, 35 Earls, 5 Viscounts, 28 Barons. March 28, a.u. 4, one ."Archbishop, 1 1 Bishops, 29 Earls, 4 Viscounts, 20 Barons. March 10, A.R. 4, one Archbishop, 13 Bishops, 2.s Earls, 7 Viscounts, 30 Barons, From the Parliament commencing Nov. 3, ir>40, a.r, Ki, the practice of daily Lists is entirely suspended, and we can only decide as to the numbers present, from tnose who are entered as absent, upon a Call of the House. These Lists are resumed on Eriday, Sept. 22, 1613, and from the regular Entries thenceforward made, we may judge of the miserable state to which this branch of the Legislature was reduced. CHARLES I. 419 the Proceedings of Parliament ichcn a Bill is presented to your IQiS. jMajesti/ by both Houses of Parliamrnt (your greatest and most a. r. faithful Council) to enter into any disptite concerniny the Bill pro- 19 posed ; seeing they will propose nothing but what is for your Majesty's Honour, and the weal of your Kingdoms. Therefore, as to the scruj)les raised and objections made, tliey consider it no ways fit to make a rej)ly, as they e.rpected none other from your Majesty than your Royal Assent thereunto. Upon Question, wliethcr this sliall lie the Preamble to the former votes, the House divides, Yeas 41, Noes 2\). An Ordinance is made for the seciuestration of the Estates, Heal and Tersonal, of divers Bishops, and other Notorious Delinquents. An Ordinance is made, directing the Archbishop of Canter- bury to forbear to present or to collate, &c., without Leave and Order of both Houses. Ordered. The liord Mayor and Aldermen of the City of London to have Tower and Authority to appoint INIinisters to preach in St. Paul's Church Yard, daily, and to assign the same allowance as was given to the Preachers at St. Paul's. May 27. Resolved. An Ordinance for borrou'ing the Plate in, all Cathedrals, superstitiously used upon their Altars. Resolved. Colonel Fettiplace to be committed for sending a Challenge to Sir Edward liaynton, a ]Member. Information being given that many Soldiers under command of the Lord General, Earl of Essex, daily withdraw themselves, it is Ordered, That sucli be apprehended wherever found. Resolved. Several Charges (Excise) to be made on Sugar, wrought Silks, Sattins, Tati'atas, Tersonella and Cipers. The Lords debate on the Commons' votes relating to the Great Seal. They Resolve, First, "That the Great Seal ought to be applied to the Commands of the Parliament by the Law of the I^and. Secondly, "That the Great Seal ought not to attend the Commands of the Parliament by Law." Thirdly, To have a Conference, to be informed wiierein tiie Great Seal hath not been applied to the Commands of the Parliament. Fourthly, That it is the duty of both Houses to use their best endeavours to i)ro- vide a fitting and speedy liemedy. Fifthly, Tliey negative the Commons' vote, "That a Great Seal of England shall be forth- with made, &c." May 30. On the Propositions for reducing Newcastle, the Commons divide. Yeas 20', Noes 24. June 2. (Friday.) Resolved. The Dean, Sub-Dean, and Prebends of AV'estmnister be enjoined to deliver the Keys of the Treasury, where the llegalia are kept. On Question, whether in case of llefusal, the Doors be opened, the Noes are 5ii, the Yeas 37. On another Division, the Yeas are 34, the Noes 20. June 3. The Question is again put, AVliether the Locks of the Doors in Westminster Abbey, where the liegalia are kept, shall be opened, notwithstanding any former Order. The Yeas are 42, the Noes 41. Resolved ; That they be opened, &c. Ordered ; A Committee with Power to raise Treasure for the great Affairs of the Kingdom. June 6. lleport is made on "a horrid Plot for seizing the City, forcing the Parliament and joining the. King's Armies." Mr. Pymme presents "A Vow and Covenant" thereupon. 420 CHARLES I. 164S. Resolved; This Oath and Covenant to be tendered to all A. R. ]\Iembers present; and, hereaftei", to all absent. 19 One Hundred and Sixt}' Members take it. Nine come in after it is taken, and Seven others desire time. Four of these after- wards take it. Ordered; Those to be here on Friday to give an account to the House. June 7- A Covenant for the whole Kingdom is read, assented to, and sent up to the I^ords. June 9. The Lords, beginning at the youngest Baron, and going upwards according to their Degi'ees, take the Oath and Covenant, but agree that a Declaration shall be drawn uj) and taken by them, the Commons, and the whole Kingdom, declaring their Loyalty to the King's Person, his Crown and Dignity. An Ordinance is made for an Assembly of Divines to settle the Doctrines of the Church. June 10. In the Commons, an Ordinance is made to prevent and suppress the Licence of Printing; which passes the Lords on the 14th. June 12. Ordered; A Message to the Lords to secure two Lords of their House, concerned in the late Plot, (the Eai'l of Portland and Lord Viscovuit Conway.) June 14. On a Conference, respecting the Great Seal, the Lords refer to their Negative votes passed on Saturday, 27 jMay, and state, "That the Parliament having in all their llesolutions and Actions gone upon the Power of their Ordinances, their Lordships conceive it will be ])roper to conthiue upon that ground and way : That the making of a new Great Seal will not hinder and prevent the use and Power of the King's Gi'eat Seal ; but that if they found the Sealing of original Wi-its of Error be denied, they would join with the Commons, in their care to do what will be necessary and advantageous to the Parliament, the free course of Justice, and the Ijaws of the Ijand. Mr. Waller, in the Commons, having been heard in his defence in regard to the Plot against Parliament, is expelled the House, and is condemned by the Council of War to die with the rest of the Consjiirators. He is afterwards reprieved and discharged after a-year's imprisonment and the payment of a Fine of £10,000. The others are hanged. Junelb. Ordered; That several INIeanbei's of the Commons now present, do subscribe to the Covenant within three days. June IC. Resolved in the Commons, That Koyston, the Printer, be sent for as a Delinquent, for printing "His Majesty's Decla- ration to all his Loving Subjects." June 17. Ordered liy the Commons, That such Members as have departed without leave shall not be admitted, till after examination and lieport made by the Committee. The Lords draw uj) a Petition to the King for Peace. June 21. Tlie Commons assent to "Articles of Impeachment against the Queen." June 22. The number of Sequestrations increasing, the I^ords add to their Committee for Secpiestrations, and desire the Com- mons to do the same. June 24. Resolved in the Commons, Tliat Sir W. Poole, Sir AV. Ogle and Mr. Harrison shall be disabled. June 20. The King publislies a Proclamation, warning all his Majesty's good Subjects no lon Ditto 7 Earls, 1 Viscount, 2 Barons. 27 Ditto 8 Earls, 1 Viscount, 3 Barons. 28 Ditto 8 Earls 5 Barons. 30 Ditto 9 Earls, 1 Viscount, 4 Barons. 31 Ditto 8 Karls 2 Barons. CHARLES I. 427 A^'oi'. 2. {Thursday.) It is Orf/ej-^Hiy the Lords and Commons, 1643. That Sir Oliver Fleming be Master of the Ceremonies to in- a. r. troduce Foreign Ambassadors. Nov. 'A. Tlie Earl of Bridgewater desires time to consider ot the Covenant. . . ,- , oa Divisions occur, in the Commons, of 25 agamst 17, and dO against 23. ^ , r,. -^t . Nov. C. Mv. James Fienis, Sir Philip Parker, Sir Norton Knatchbull are susjiended the Commons' House during pleasure. Nov. 7 and 8. 'J'he Living of Alverstoke, Hants, and the Vicarage of St. Martin's-in-the-Fields are sequestered. An Ordinance is assented to by the Commons, for settling the place of Master of the Rolls upon William Lenthall, Esq., Speaker; to which the Lords Agree. The House adjourns to Friday, at 3, but Committees are to sit. Nov. 10. It is liesolved, That the Earl of Corke shall be dis- abled and discharged, and his Estates sequestered. The Lord^, by aii Ordinance, annul the King's Great Seal, and nominate the "Earl of llutland and the Earl of Bolingbroke Commissioners of the new Great Seal, with four Members of the Commons' House. Nov. 13. The Commons' House Resolves to adjourn trom iMondays to Wednesdays, and from Wednesdays to Saturdays, until further Order. Divisions take place of 56 to 55, of 59 to 58, and 59 to 5a Nov. 15. It is Ordered, That the Elections at Bristol and Tewkesbury be referred to the Committee of Elections, where Sir llobert Harley has the Chair, and that the Committee be renewed and meet in the Star Chamber. Sir llobert Crooke is discharged. Nov. 18. It is Ordered, That all Stationers, &c, that shall henceforth sell or vend any Pamphlet, scandalous to the Parlia- ment, shall have their Estates sequestered. Nov. 22. Henry, Earl of Kent, upon the death of Anthony, Earl of Kent, his Father, takes his i)lace in the House, on his Succession, without a Writ from the King. The Judges of the several Courts are required not to adjourn the Term upon any Writ, &&, whatsoever, sent from his Majesty at Oxford, without the Order of both Houses. Nov. 25. INIr. Thomas Fanshawe is disabled, in the Commons. Nov. 28. The Lords Order, That the I-ord Viscount Say and Sele shall continue Master of the Court of Ward and Liveries, though the King has appointed another. Nov. 29. The Commons Order, That the Vicarage of St. Margaret's, Westminster, shall be sequestered. Nov. 30. The Commons, with the Speaker, bring up the Great Seal. It is delivered to the Commissioners, after they had taken the Oath. (/)) December 2. {Saturday. ) The Estate and Profits of the Provost of Eaton College, are sequestered by Order of the Commons. On the 7th, 12th, 16th to 20th the Lord General is included in the list of Earls. (p) Of the Earls, the highest number who met during this month, was 11, and the lo\vest4; of Viscounts only one ; of Barons the highest number was five, and the lowest two. Of Peers the average number present daily was 12. 49-8 CHARLES I. 1643. Dec. 9. It is Resolved, That the House shall meet every A. R. Morning at 9, and that absent JNIembers shall pay \2d. 19 Dec,\\. Ordered. A Committee to consider what is to be done for the Estate of INIr. Pyni, deceased, and to prepare a Monument at the Cliarge of the Commons. His body to be in- teiTed in "Westminster Abbey, withovit charge for breaking the gi'ound, and Mr. Speaker and the whole House to attend. Dec. 12. It is Ordered, by the Lords in Parliament assembled, "That the Opinion and Ilesolution of this House is, henceforth, not to admit the jNIembers of either House of Parliament, into any Place or Oifice, excepting such Places of Great Trust as are to be executed by Persons of Emviency and known Integrity, and are necessary for the government and safety of the Kingdom." Upon Question, "Whether this shall be drawn up into an Or- dinance, it is Resolved, in the Negative. Dec. 13. The Lords Order, That all Ordinances shall be read twice and committed, and again a third time, before they pass. Dec. 15. The Commons Resolve to apjjomt a Grand Committee to set an "Excise upon Flesh.'''' The Lords inform the House, "They have already sworn the Clerk of the Crown, and are ready to give the fiirther Oath con- cerning the Triennial Parliament, to the Commissioners of the Great Seal, according to an Act made this Parliament, and they desire the House to send up their Members, Commissioners." Dec. 16. In the Lords, the Clerk of the Crown takes the Oath, the Clerk of Parliaments reading it to him. The Earls of Kent and Bolingbroke, Commissioners of the Great Seal, take the Oaths of Supremacy and Allegiance, at the Clerk's Table, the Speaker of the Lords reading the Oaths. The Four other Com- missioners, of the House of Commons, take the Oath at this , Bar, in plein Parliament, the Clerk of Parliaments reading the Oaths. The Clerk of the Crown, next, administers the Oath appointed by the Act of the Triennial Parliament, to the Com- missioners of the Great Seal. The Clerk of Parliaments then administers the Oaths of Allegiance and Supremacy to "William Lenthall, Esq., and then the Clerk of the Crown administers to him the Oath of the ]\Iaster of the Rolls. Dec. 18. The Commons Resolve, That the Solemn League and Covenant shall be tendered unto all men above the age of 16. Dec. 20. The Commons Resolve to meet on Friday at 8, not- withstanding the former Order, &c. Two Sequestrations of Livings are Ordered. Dec. 22. A Division occurs of 57 against 25. Dec. 25. lleport is made from the Commons' Committee of Privileges, concerning the Election for "Tuxebury:" That the first Election of Burgesses was declared A'oid, 6 Aug, 1641: That, upon a Second Writ, Sir Edward Alsforde and Sir Robert Cooke were chosen; at which time, Edward Alsforde (6 Aug. to 18 Oct.) sat in right of his Election at Arundell, and declarea he would serve for Arundell. Resolved. His Second Election is void, and that of ]Mr. Edward Stevens is good. The Under Sheriff to the late High SherilF shall attend and amend tlie Return. Resolved. Mr. Sutton to be discharged, and his Estate sequest- ered, (q) (q) The highest number of Earls who assembled during this month was eleven, and the lowest two. One Viscount only attended 14 days. Of the Batons five was the CHARLES I. 429 January 1. {Monday.) The Commons Resolve, That Mr. Dut- 164.4. ton shall be discharged, &c. a, r. Resolved. An Excise to be put on Flesh, Salt and Poultry- 19 ware, upon every Kabbit, ]/i, upon a dozen Pigeons, 3rf. Jan. 2. The Lords receive the King's Proclamation for the Members of both Houses to attend a Parliament at Oxford, Jan. 22. Ja7i. 3. A Committee of Eleven (all then present) are appoint- ed to draw an Answer. The Lords Order, That one of the Assembly of Divines shall attend this House, weekly, to pray before sitting. Jan. 6. The Covimons Resolve, That the Judges, Clerks, &c., be enjoined not to go to Oxon, notwithstanding his Majesty's Proclamation. Jan. 8. In the Lords, Report is made on a Conference touch- ing "a Plot to divide King and Parliament.''^ Jan. 10. The Lords make an Ordinance to command better attendance of the Officers upon the Great Seal. Jan. 13. The Earl of Holland (on Petition) is admitted to sit as a Peer. The Lords accept an Invitation to dine with the City of Lon- don, on Thursday. The Commons Resolve, That one of the Ministers of the Assembly shall pray with the House every Morning. They also Resolve, That Sir Ilichard Shugborowe shall be disabled. Ja7i. 16. The Commons Order, That all Members put out of the House shall be disabled to execute any Ordinances of Parlia- ment. Jan. n. The Commons' Plouse divides, 75 against 60. Jan. 20. On a Question, AVhether the Lords' Commissioners of the Great Seal have double votes, the Lords Order a Confer- ence with the House of Commons, on Monday, to determine, that if the I^ords' Commissioners are in the nature of Committees, they may have an equal vote (with the other Commissioners) in behalf of the Lords' House ; but if they are in the nature of Commissioners, as other Persons might be, which are not of the Houses, that then more Lords may be nominated. Jan. 22. The House is called. There are present Lord Grey de AVarke, Speaker, 14 Earls, 1 Viscount, 6 Barons. The Absentees named are 1 Duke, 2 Marquisses, 31 Earls, 5 Viscounts, 35 Barons. A Committee is appointed to consider " what is Jit to be done upon those Lords that are absentJ" The Commons Resolve, That Fifty-Two INIembers (named) be forthwith discharged and disabled, and that others (named) be summoned. Jan. 24. The Lords make an Ordinance to prevent Lords coming from Oxford, sitting in the House, without consent of both Houses. The Commons pass an Ordinance for making Sheriffs, with an Alteration in their Oath to, " Licensed by the Lords and Com- mons in Parliament." The Commons adjourn till Friday, at 10. highest, and one, the lowest number. The total average of Peers present was eleven. It is to be remarked also that the number of Earls was now, as upon many subsequent occasions, increased by the attendance of the Lord General and the Lord Admiral. 430 CHARLES I. 1644. Jan. 2G. The Lords appoint a Committee to visit the King's A. R. Children at St. James', and to inquire as to Servants dismissed 19 Avithout knowledge of this House. Jan. 29. Resolved, in the Commons, When a jNIotion is made for any Member or other Person to hold a Place or Office, &c., the Plouse shall take a day's Respite, and the same shall be made in a full House. Jan. 30. The Lords Order to be Printed, " A Declaration of both Kingdoms joined, in defence of Religion, &c." It is Ordered by the Lords and Commons in Parliament assembled, That Worcester House be prepared for the Ac- commodation of the Commissioners and Committees of both Kingdoms, sent from our l?rethren of Scotland, (r) February \. {Thursday.) The Lords Order, That Lords who come after Prayers, shall pay to the Poor Box, according to Ancient Order. Prayers are read by Dr. Hoyle. Present, Lord Grey de Warke, Speaker, and 13 Peers. Lord Willoughby, of Parham, is committed to the custody of Black Rod, for Breach of Privilege, in sending a Challenge to the Earl of INIanchester, a Peer, sitting the Parliament. Resolved, in the Commons. ]Mr. Brett to be discharged, &c. and his Estate sequestered. Resolved. It is a constant and ancient Rule and Order of this House, that no IMember is to give or receive any visit to or from any Foreign Agent or Ambassador, &c., without leave and con- sent of the House. Feb. 3. An Ordinance passes the Lords for taking the Covenant of the three Kingdoms. Ordered. The Commissioners of the Great Seal to consider how the Great Seal attending the Parliament may be effectual to all purposes, &c. Ordered. On Monday, the House to resume the business of calling the residue of their Members, and to consider the appoint- ing of a Committee of Privileges. Resolved. Thirty-Six Members (named) to be discharged and disabled. Feb. 7. Lord Berkeley and the Assistants of the Lords' House take the Covenant. Resolved, in the Commons. Sir Edward Dering, Knight and Baronet, (the first who has submitted to Parliament under the Declaration) upon taking the National Covenant, shall have the benefit of the Declaration. Resolved. The House to sit at 4, p. m., and to desire the Lords to do the same. It is Ordered, That Mr. Thelloal's name, by mistake among the discharged, shall be struck out. The House divides, (»5 against 51. Feb. 9. The Lords Order, That when any thing is debated in this House, no Peer shall make any Personal Reflections upon another, and if any do so, the Speaker shall caU him to the matter of Debate. Ordered, in the Commons, Two Parsonages to be Sequestered. Resolved. The sequestered property of many Noblemen and Gentlemen (named) to be sold. (r) The average number of Peers present during this month was fourteen. Of Earls, fourteen was the highest number, and seven the lowest; of Barons five and one. One Viscount only attended. CHARLES I. 431 19 Feb. 14. Besoh'cd. The House to meet daily at 9 and rise at 164-t. 12. Such as come after 9, to pay 12d. If any Member i)egins ■ a new Motion after 12, to pay, 5s., &c., to be collected for the Poor. Feb. 15. A Report is made from a Committee of the Lords. A Writ of "Utlary" coming aj^ainst the Earl of INIiddlescx, the Commissioners of the Great Seal stayed it, until this House had given directions therein. It is Declared, That he being disabled by Judgment of Parlia- ment from sitting in Parliament, the Privilege is taken away, it being allowed in regard of his sitting in Parliament, that he might not be distracted from liis duty. it is Ordered, That no business shall be moved after 12, under a Penalty of 20s. Feb.\G. Ordered. No Member to stay in the Passage during the time of Prayers, but as they come in during the time of Prayers, immediately to take their Places. Feb. 17- Ordered. Derby House to be assigned to the Com- missioners of both Kingdoms. Assent is given to a Proviso in the "Woxbridge" Ordinance, "That the Assessments made upon any ^Members, Assistants, or Attendants of either House of Parliament, shall be allowed by the House of which they are ^Members, &c." Feb. 19. INIr. Baldwin, Minister of Hampstead, is committed to the Gatehouse for erroneous Doctrine. Feb. 21. It is ]Moved in the Lords, that the Question may be put, "Whether this House may not restrain any of their Mem- bers from coming to a Committee, besides those of the Com- mittee?" The Question being put, Whether this Question shall be put? It is Resolved, in the Negative. Feb. 22. An Ordinance is read in the Commons, for taking away the Court of Wards and Livei'ies. Feb. 24. Ileport is made in the Lords concerning the Oath of Secrecy to be taken by the Committees of both Kingdoms. The Committee is of opinion, "That this Oath is inconvenient and inconsistent with the Privileges of this House, and not fit to pass, for Five Reasons offered. The Lords Resolve, That this Oath shall not pass. The Commons Order, That Members in default for their 12rf., shall pay 5*. Feb. 26. The Commons Order, That the Earl of Stamford be desired to forbear coming to the Committees of the House, it being contrary to the Privileges of that House, (s) March 1. (Friday.) A Committee is Ordered, in the Commons, to prepare lleasons to be delivered at a Conference, touching the Oath of Secrecy, the Orders of the Lords (14 and 21 Feb.) con- cerning the words "Order and Direct," and concerning the Peers coming to any Committee of both or either House, and to express the Resentment this House has of the Proceedings of the Lords herein. March 2. On a Division in the Commons of 71 against GG, after the House was numbered and Report made, divers JNlem- bers who sat the putting of the Question in the Affirmative and («) The average number of Peers present during this month against 31. March \\. An Ordinance is Committed for excluding Mem- bers of either House of Parliament, and not readmitting them without the consent of both Plouses, &c. A Division takes place, of 7^ against 63, and, on the following day, of (>9 against 52. March 15. Resolved, in the Commons, That the " Committee of both Kingdoms^'' shall consider and prepare Grounds for settling a just Peace in all His Majesty's Dominions. March 20. A Message is sent to the Commons, on the above Resolution. " The Lords desiring to retain the ancient, approved Parliamentary way, for each House to nominate their own Mem- bers, as Committees, have named a Committee of nine of their House, and desire you will name a proportionable number of 3'our House to join with them to treat with the Commissioners of Scotland." Report is made on a Conference as to the Oath of Secrecy. The Commons desire (1) When the Lords do send Negatives to any Message, that they will do it in the usual Parliamentary way. (2) That they do pass the Oath of Seci-ecy. (3) That the two Orders before mentioned may be declared void. March22. The Commons Order, That a Conmiittee shall prepare Reasons that induce the House to refer the Grounds of Peace to the " Committee of both Kingdoms," to be ottered at a Confer- ence. March 23. Ordered. The Serjeant to write out the names of the twenty first Members of the Commons' House that refuse to pay their shillings, coming after nine. March 26. Resolved. No Person not worth £10 a year in liand, or £100 in Personal Estate, to be rated to pay anything for the Fifth, and the Twentieth Part. A Ijong Ordinance passes, " That each Housekeeper and his Family, within the Cities of liondon and Westminster and the Lines of Communication, shall fast once a week, and pay the value of such weekly meal to the Public Service.'" CHARLES I. 433 March 30. The Lords make an Ordinance for the payment of lG4t. Tithes to ^Ministers put in upon Sequestrations, a. u. Tliey Order that no Private Petitions be received until May 20 Day. In a Debate, the numbers divide 04 and G4. The Speaker gives his " Castinjf vote" for tlie Negative, (t) April 1. ( Monddij. ) Ordered. No Member to move after Prayers, till tiie ^Minister be gone out. April 2. Tiie Earl of Clare is admitted, on his Submission. April 'A. Heport is made from a Conference. The Commons had many Precedents to offer, that when they have desired the referring of any subsequent business unto a Committee of both Houses already in being, tiie Lords have consented with tliem, without any breach of Privilege, and the same hath likewise been consented to by tliem, upon like device of the Lords, without any breach of Privilege. April 4. An Ordinance is assented to, for excludincj Members or either House who have deserted the Par- I-IAMENT. April b (and 10.) The Commons Resolve, That a new Seal shall be made for the Duchy of Lancaster and County Palatine of l^ancaster. At another Conference the Lords give further Reasons for referring the Propositions for Peace to a new Committee ; " Well knowing that it is their undoubted Privilege to have the liberty to nominate a new Committee of their OAvn House when any new power was to be granted, they Resolve, upon serious Debate, ' That this new power of laying grounds for a just and safe Peace should not be referred to the former Committee for managing the War, but to a new Conimittee of Nine.* They are abundantly assured, that constant presumption is on their side, that though either House respectively may desire to refer an^'- subsequent matter to a former Committee, yet either House have a free liberty to dissent from such a desire, and are not obliged to express the Reason of dissent, if they please to reserve it to themselves, &c. ; yet they are freely willing to add some reasons and repeat those given at a former Conference, ord tieneral, on his disobejing the conmiands of the Houses in going into the West, and desiring he will, for the future, jiay a proper res})ect to them. July 8. An Ordinance ))asscs for an Additional Excise. July 10. The House of Commons receives the States' Ambassa- dors with much ceremony. July 12. An Ordinance is made for levying "a Standing Army" out of several Counties, July 13. .Tolin, I;ord Hunsden, is accused of High Treason by the Commons, ibr adhering to the Enemies of the King and Par- liament. July 15. Lord Hunsden, (Viscount liochford) petitions that his Estate may not be sequestered. It is Ordered, in the Lords, to be secured till further Order. July 17. The Lords send down an Ordinance, "For paying to the Peers that now sit in Parliament, their Creation Money." The Sequestration is taken off the Estates of the Earls of Hol- land and Clare. July 19. The Ordinance for regulating the Committees of both Kingdoms passes the Lords. The Earl of Lyncolne Protests. July 22. Sir Robert Heath, Knight, Sir J. Bankes, Knight, (liord Chief Justice Common Pleas) Sir Ilobert Foster, Knight, (one of the Justices of the Common Pleas,) Sir John Glanvill, Knight, (Sergeant at Law) are accused by the Commons of High Treason, for adhering to the Enemies o///ieA'iH^, the Parliament, and the Kingdom. ^ July 24. The Lords send a Message to expedite an Ordinance for Martial Law, in consequence of the numbers of Soldiers that desert their Colours. A Committee is named to consider such Ordinances as are fit to be turned into Laws, and such Laws as are fit to be presented to His Majesty, with the Propositions for Peace. July 27. llesolutions pass on Payments to be made by Noble- men and Gentlemen who have acted against Parliament, and on the sequestering of their llents, Goods, rs this month shows a greater average than in manv oait months ; eleven Earls, one Viscount, and seven Barons having been present Total I'i Thirteen Earls were present on one occasion, and the lowest number was eioht Tlio Barons had been eight and three. ° On the 18th of December a Public Fast was kept by both Houses. All the Preacher*; before the Houses, spoke very boldly, and scrupled not to expose the faults of the Par' l^"" w 'k,- " •'^^7'' "u'f ' ^'■'=^'- ^"'^''' ?' "''"'^ Ambition, as little zeal and affection for the Public, as they had ever imputed to the Court. Whilst ihev pretended at the Public cost, and out of the Purses of the Poor People, to make a general Kefor'mation their chief care was to grow great and rich themselves ; and both the Citv and Kingdom took notice, that all the Olhces in the Army, and all the profitable Offices of the Kina- dom, were in the hands of the Members of the two Houses of Parliament who as the nation grew poor, as it must needs do under such insupportable Taxes, grew very rich It could not leasonably be expected, that such men, enriched bv the continuance of the pfohr"" '^''"^"^> P"''*"^ ''-"^e ^'^S'^ ^■'■'^'^ "'"St put an "eud to their exorbitant On the follo%ving day Sir Harry Vane very much commended the Doctrines preached as proceeding from God. He observed also, that "the numbers of the Members of Parliament who sat in either House were too few to give Reputation to Acts of so great moment as were transacted in their Councils ; which, though it was no fault of them who kept their stations, but of those who had deserted their Places and their 1 rusts, by being absent from Parliament, yet, that, in truth, there were too nianv absent, though m the service ot the Hou-e. If all the members were obliged to attend the Service ol the Parliament it would bring great lieputation to their numbers and ^'^ People would pay more Reverence, and yield a fuller Obedience to their Com- Oliver Cromwell, too commended the Preachers for having dealt plainly and impar- tia ly and told them their laults, which they had been so unwilling to bear" " Unon re- volving what they had said, he could not but confess that all w.is very true • and till hand^ "^"^ ^ ^"^^'^^ Reformation in these particulars nothing would prosper in their Sir H. Vane and he offer to lay down their Office and Commission. Hence arose the self-denying Ordinance, which was the occasion of all Cromweirs Power. 3 L 4ii2 CHARLES I. 1645. Jan. 7- The King grants .1 Panlon to the Archhishop of A. II, Canterbury, but nothing is Ordered thereupon. 20 Tlie Lords "considering the great Places the Archbishop hath been in, incline that he may have that favour shelved as to have Ids head struck off, and not be hanged,'''' and they make an Ordinance accordingly. The Lords assign Reasons for not assenting to the Ordinance for excluding Members. Jati. 8. Resolved, in the Commons, This House doth concur with the liOrds, That the Head of the xVrchbishop of Canter- bury sliall be taken otf only, and that his head and his l)ody shall be bui-ied by the care of his Servants. Resolved. The Lords sending down Reasons, without sending down an Ordinance itself, and the particular Amendments to it, expressing wherein they do agree or disagree, is a Breach ot Privilege, and contrary to the course of Parliament. Jan. 10. An Answer is received from my l^ord General to an Order of the House requiring an Account, "Why the I>ine was not kept, according to the Directions and Orders of the Committee of both Kingdoms." An Ansv.'er is also read from the Earl of JManchester, to the effect, that, "He had not to his knowledge disobeyed any Orders of the Committee." The Commons Resolve. This House doth expect, That Obedi- ence be henceforth yielded to the Orders of the Committee of both Kingdoms, by my l\,ord General and the Earl of ^Manchester. Jan. 11. In a Conference, the I^ords justify their Proceed- ings as to the Ordinance, being such as no Amendment or Alteration could, in their oj)inions, make fit for tliem to pass. The Commons, by a Message to the Lords, desire their speed// concurrence in passing t/ie said Ordinance. Jan. 13. The Lords, on a third Heading, reject the Self-deny- ing Ordinance. Jan. 16. Lord Paget is cleared, on a Fine of £500. Jan. 22. The Yeoman of his jNIajesty's Removing Wardrobe, daily attendant on the Ijords' House, by virtue of his Place, is allowed Privilege on Arrest. Jan. 28. An Ordinance is made for Commissioners of both Houses to treat with the King's Commissionei's at Uxbridge. The Commons Resolve, That Sir Charles Shirley and Mr. Devereux be sent for, to answer the sending of a Challenge to my Lord Cranborne, a !Member of the House. Ordered. The House to meet at Eight, a. sr. Jan. 30. The Lords Order, That Sir Francis Church, for dan- gerous words against the King; and the Printer of a scandalous Pamphlet, "The Parliament Scout ;" be brought up in custoily. (<■) February 1. {Saturday.) The Lords make an Order for the Protestant Ijords abroad to come home and attend Parliament, or their Estates to be sequestered. The Commons Resolve, That X'2 1,000 per mensem, shall be set upon certain Comities, Cities, and Places, for payment of tlie Scots' Army under the Earl of Essex. Feb. 3. Isabella, IJaroness of" Ella WaiT," Dowager, is allowed Privilege, as a Peer's Wife, on a Debt sued against her. (fi) The average number of Peers present during this month was iibciut Ifi ; n.imcly, ten Karls, one Viscount, and five Barons. The liighest number of Karls was thirteen, and the lowest seven. The highest number of liarons was seven and the lowest two. cnAULEs I. 443 FcL \X The J'arl of Carlisle is doarcd, on a Tine of i:«(K). Ifi45. In the Commons, on a Clause, "Tliat all wlio rrj'u^e to tnkc (he a. k, Corrniiiit, siuiU he disjilaced and made uncajiidjle to have anv ''^' Charge or Command in the Army, the House divides, Noes, (;'o'; Yeas', 44. Frh. 17- After many Dehatesand Conferences, an Ordinance for Sir Thomas Fairfax to command the Army, and for new modelling it, ])asses both Houses. Ordered in the Commons, No JNIemher is to presume to go over Seats, or to cross the House, or discourse, or whisper, during the sitting of the House, or to read any ])rinted Book in the House, and IMembers offending to pay 12(/. to the I'oor Uox. Feb. 21. An Ordinance is made for imj)ressing IMarines, Sailors, Watermen, Surgeons, &c., and to compel Persons to find Arms. Feb. 22. Resolved. The subject of a Conference shall bs, The Mistake of the I^ords' last Message, in desiring a free Con- ference upi;n a Business the House had never before conferred. Feb. 24. The Lords Conunissionevs, who treated at Uxbridge, return this day, and are thanked in the Lords. Divisions in the Commons (this Month) are 82 to G3 ; 42-27 ; 31-2«. (/) March 5. The Ministers, by Petition, represent to the Lords, " That by reason of the great Taxes, they have not a competency to live upon." A Declaration is made concerning Soldiers in IMutiny. March 10. Order is made to examine a Book called' " Britan- nicus," supposed to be by Captain Awdley, one passage of which is very derogatory and scandalous towards the King. He is, afterwai'ds, with the Printer, committed to the Fleet. March 17- I-ords acquaint the Commons, "That as the Plague is so near Dei'by House, their Lordsliips think fit the Conniiittees of both Houses shall meet at the Queen's Lodgings in Whitehall." - April 23. Ordinances are made for Martial Law in Kent, and to prevent Pressed Men from Deserting. April 25. The Lords make an Order, That Pews in the Abbey Church be kept for Peers' AV^ives, Judges, &c. Privilege is allowed to the Deputy Treasurer at AVar for Ireland, employed by Parliament. An Ordinance is made in the Commons, for bringing the Profits and Perquisites of such Offices and Places as are neither Military nor Civil, into a jjublick Ti'easury, to be disposed of as the two Houses shall appoint. April 28. Colonel Tirrell is enjoined not to jiroceed in a Quarrel with Sir W. Andrews, and it is Ordered that Mr. Speaker shall have Power to send for Parties and secure their Persons, under such circumstances. April 29. The Commons Order, That no Committee shall treat with any Member of either House, who has deserted the Parlia- ment, for any Composition for his discharge, without Special recommendation from this House. (A) May 3. {Saturday.) The Lords make an Order to vacate the Proceedings against Prynn, Bastwick and Burton in the Star Chamber and High Commission Court. May 10. Whereas Lieutenant-General Cromwell is now in the actual Service of the Parliament, and in prosecution of the Enemy, it is Ordained, "That he shall continue in the Employ- ment he is now in for 40 davs longer, notwithstanding, &c." Divisions (this Month) 3U-34 ; 58-45. (h) The average number ol" Peers had been 15, viz.— Earls 10, Viscount 1, Barons 4 — The greatest number of Peers had been 12, and of Barons 7, and the lowest respectively, 7 and 1. 446 CHARLES r. 164-5. May 14. On a Report from the " Committee to supp/i/ the A. R. necessities of Members,^'' it is Agreed, That they shall receive £4 ^1 weekly, a-piece. ATay 15. On an Order, appointing Captain Batten to Com- mand the Summer's Fleet, the Question, Whether the Lords' concurrence shall be desired, is negatived by 41 against 39. May 22. The Lords Resolve, to forbear to sit on Tuesdays and Thursdays, except upon urgent occasions. The Commons refvise to concur, as to their House. May 30. The Lords desire the Commons, that the Arrears of Creation IMone)"^ may be paid to the Peers. May 31. An Ordinance to make the Buyer liable to Excise as well as the Seller, is twice read, and committed to the " Commit- tee for Excise of Flesh." Divisions (this lMonth)are49-.39; 62-35; 60-53; 69-G6; 53-45. (?) June 2. (Monday.) Resolved. The disposal of all the Forces to be left wholly to the Committee of both Kingdoms, notwith- standing, &c. June 3. Sixty-Eight Members are Reported for the weekly Allowance of £4. Jane 5 to 16. The Speakers in the Lords' House are Lord "Wharton, Lord North, the Earl of Denbigh and Lord Grey de Waike. June 16. The Lords and Commons Resolve, That Lieutenant- General Cromwell shall continue as Lieutenant-General of the Horse, &c., for three months, from the end of the 40 days for- merly granted. Jane 17- Both Houses Resolve to accept an Invitation from the City and dine with them on Thursday, Thanksgiving Da_v. Ju7ie 20. I^ord Savill is committed to the Tower for Con- tempt, in refusing to name, upon Command of both Houses, a Person who accused Mr. Holies. It is Moved in the Lords, " That some course be tho^tght of to put an end to all these Distractions." June 28. The Commons send up a Message to Impeach the Earl of Stamford and others for Breach ot Privilege, and an Assault upon Sir Arthur Haselrigge, a Member. Divisions (this Month) 47-38. [k) July 1. ( Tuesday.) Resolved. The Commission to the Master of the Rolls to be continued six months. July 2. Richards, for selling a counterfeit Protection of the Earl of Northumberland, for 13uV. (id., is sentenced to a Fine of £10, to Imprisonment and to the PUlor^v, wearing a Paper do- scribhig his Oftence. Jidyl, The Club-]\Ien of "Wilts and Dorset, an armed Body for their own defence, and not for the King or the Parliament, petition the King and Parliament for Peace. July 8. Ordered. On Thursday at 8, the House to sit in Grand Committee to consider the raising of IVIoney only, by the Sale of Delimpients' Estates, or other ways. July 12. Ordered. A Book called "Comfort for Believers" to be publickly burned, iV:c. July 18. Ordered. "The Committee for Plundered IMinistcrs" to settle a constant course how Riyhfful Patrons may present to Livings upon death, or avoidance of the last Incumbent. (i) The Peer had averaged about ir< — namely, 9 Earls, 1 Viscount, and 5 Barons. The liigliest number of Earls had been 12, and of Barons 8; and their lowest number, 1 and 3. (A) The Peers averaged M ; Earls S, Viscount I, Barons 5. The highest number of Earls picsenl was 13, and of Barons 8 ; and the lowest of each 3 and 1. CHAaLEs I. 447 July If). The Lords I'efuse Privilege to an Oflicer of (lie )ftl5. Trained Bands, as not in tlic actual Service of tiie I'arlia- a. n. ment. 2 1 July 23. Ordered in the Commons, That all such Picture ^ at York House as ai'e without any Superstition, be forthwith Sold. Sucli as have Representations ot the Second Person of the Trinity, of God the Father, the Virgin Mary, or the Holy Clliost, are to be forthwith burned. Jii/y 25. The Gentleman Usher of the Black Ttod petitions the I>ords for the I^ittle Park at Windsor, as an Aj)purtenance to iiis said Place, but kept from liim. An Order is made that Possession be given, &c. July 31. lloyston, for a scandalous, railing, lying Book against tlie Parliament, "The Soldier's Catechism," is committed to the P'leet, his House is searched and the Books are burned. (/) Divisions (this INIonth) 39-38; 43-37; 70-G5; 05-55; 57-40. Any. 8. An Order of the Commons, That Ijieut.-Gen. Cromwell be continued four months beyond the former three; is confirmed (12th) by the Lords. Auff. 'J. A Scandalous Pamphlet of Lieut.-Col. Lilburne taxing the Justice of Parliament, is referred to the Commons' Committee of Examinations. Auy. 11. Informations are given against Sir George Sandys, Sir John Boteler and Colonel Page, Prisoners in Peter House, who had said, "The Major and better part of the Parliament that were good Subjects, had left the Parliament, and were with the King, and that it was unlawful to take up Arms against the li^inij, which the Parliament had done, and that they were Traitors and Rebels." It is Ordered, That the two former be committed to the Tower, &c., the Estate of Sir .John Boteler be sequestered, and the Composition with Sir G. Sandys be taken otf, and the whole benefit of the Estate be paid in. Auff. ID and 23. The Lords and Commons Declare, That all Persons whatsoever that shall associate themselves together in Arms, without Authority of Parliament, are Traitors to the Commonwealth. Auy. 21. The House in a Grand Committee considers a Peti- tion from the Borough of Southwarke, for electing two new Burgesses. Ordered. Mr. Speaker to grant his Warrant to the Clerk of the Crown, to issue a new Writ in place of JMr. J. AV'hvte deceased, and JMr. Edward Bagshawe, put out of Parliament by Order of this House. Oidered. Upon new Elections of Knights and Burgesses, such as be elected shall take the National Covenant, upon admission into this House. Ordered. A new W^rit for the Borough of St. Edmondsbury, (two INIembers disabled) and for Hythe, alias Heth, (a Member deceased. ) Auff. 23. Ordered. A new Excise to be put on several Com- modities. Aug. 27- Ordered. The Commissioners of the Great Seal to consider fit Persons to be Judges in the Courts of Common Law, sitting at Westminster, &c. . (I) The Peers present this month averaged 13 ; namely, 8 Earls, 1 Viscount, 4 Barons. The greatest nuotber of Earls present was 13, and the lowest 4, and of Barons G and 2, 448 CHARLES I. 1C45. Divisions (this Month) in the Commons, are 49-41; C5-C2; A. n. 42-24; 34-33; 58-53. (m) 21 September I. {Monday.) Ordered. A Warrant to issue under Mr. Speaker's hand, directed to the Clerk of the Crown in Chancery, for the Election of one Burgess for Tewkesbury, (Sir Robert Cooke, deceased), and for the Town of Derby, (William Allestree, Esq., disabled by Judgment of this House.) Also for the Borough of Thurke, Yorkshire, (John Bellassis, Esq., disabled, &c.), for the Town of Beverly, York, (Sir John Hotham and Michael Wharton, Esq., both deceased:) for Queen- borough, Kent, in place of Mr. Harrison, disabled. Ordered. Upon issuing any Warrants, Mr. Speaker to send one of his Servants with the Warrant to the Clerk of the Crown, and the Clerk of the Crown to attend the Commissioners of the Great Seal with a Writ, and the Commissioners to take care that the Writ be delivered according to their directions. Resolved. No Person that hath been in actual war against the Parliament to sit as a Member. Sept. 2. Ordered- A Warrant to issue, &c., for a Burgess for Aye, Suffolk, (Fred. Cornwallis, disabled) for B. of Diinwich, Suffolk, (H. Cooke, Esq., disabled) and for B. of Sudbury, (Sir Hob. Coane, deceased). Sept. 3. Ordered. Warrants, &c., for two Burgesses for Chich- ester, Sussex, (Sir W. Henley, Knight, and Christ. Lewkener, Esq., both disabled) for T. of Gatton, Surrey, (Sir Thomas Old- field, deceased) for B. of Bigate, Surrey, (Sir Thomas Bludder, disabled) for B. of Newcastle upon Tyne, (Sir H. Anderson, dis- abled) for B. of Hartford, (Sir Thomas Fanshaw, disabled) for B. of Huntingdon, (Lord JSIontague, called by Writ to the House of Peers) for a Baron of the T. and Port of Bye, (Mr White, disabled) for two Barons of the T. and Port of Winchelsey, (Sir J. Finch, deceased, and W. Smj'th, Es(j., disabled) for two Barons for the T. and Port of Hastings, (Sir Thomas Eversfield, and ]\Ir. Ashbornham, disabled) and for the T. of Arundell, (Sir Edward Alford, disabled). Sept. 4. Ordered. The INIayor and Burgesses of the B. of Boston, to have the Estates of Sir Gervase Scrope, Knight, and Mr. J. Oldfield, in the County of Lincoln, to let and dispose of, ^c , luitil the sum of £2,000 be raised for relief of the said Burgh. Sept. (i. A Declai'ation passes the Connnons, and is agreed to by the Lords, for vindicating the Parliament from Aspersions. " Their Intentions were to (/ratify our Brethren of Scotland with the Lands and Estates of the Inhabitants of the Dominion of Wales, for their assistance to this Kingdom.'''' Sept. 9. Ordered. A warrant, &c. for Borough of Thurke, Yorkshire, (Sir T. Ingram, disabled). Sept. 11. Ordered. £5000 per annum to be allowed to the Earl of Nothumberlaiid for keeping the King's Children in an honourable way, and to have the use of AVhitehall, St. James' House, Somerset House, or any other of the King's Houses near the City, as he finds occasion. Ordered. A Warrant li, Aloi-jieth, in room of Seventeen ]\renibers, disabled. -*• n, Resulved. Natli. Fienis, esq , a member, to be Summoned im- ^' mediately to atlend the service of the House. SeptA'A. Ordered. The Records and Proceedings of the Court of Requests in the Rooms near the House of Peers, under cus- tody ot the Register of that Court, to be removed to other fitting places formerly appointed for these Records, and these Rooms to be fitted for keeping the Records of this House, to the end they may be j)reserved and transmitted to Posterity, and not sutler the prejudice they have formerly done, by coming into the hands of Executors upon death of former Clerks. Sept. 15. Report is made from the Committee of Examinations concerning Charges against Mr. Sj)eaker and Sir John Ijenthall. Resolved. The Complaint hath been raised and prosecuted without any ground at all, and the Proceedings against ]Mr. Speaker and other Members, are a high Breach of Privilege, and deserve severe and exemplary punishment. Sept. IG. Ordered. All the Books and jManuscripts belonging to Edward, Lord Littleton, wherever found, to be hereby bestowed upon Bulstrode Whitelocke, Esq., a Member of this House. Sept. 16. Report is made fi:om the Grand Committee for raising ]\Ionies, That the Estates of Archbishops, Bishops, Deans, Deans and Chapters are not yet sequestered, unless for personal Delinquency. Ordered. An (Ordinance to be made for taking the Inheritance of those Possessions from them, and settling the same in Persons to be trusted by Parliament. Sept. 17- Ordered. A AV'arrant, &c., for Malton and Higham Ferrers, (two i\f embers disabled.) Sejit. 20. The Commons Resolve, That the Court of Wards and Liveries shall be taken away, and in lieu and recompense thereof shall be charged and raised upon the Kingdom of England and Dominion of Wales, the yearly sum of £100,000, to be disposed of by both Houses of Parliament. A ]Message is sent from the Lords, "Whereas the Lord Huns- don hath been accused by the House of Commons of High Treason, (Julii 13, 1G44, whereupon he hath ever since been sequestered from the House of Peers) without any particular charge or prosecution, &c., the Lords finding in justice thev can- not any longer detain him from his Place, intend to relieve him on Saturday next, (27th.)" The Commons desire a Fortnight's delay for bringing in the particular Charge. Sept. 22. Ordered. A AVarrant, &c., for Alisbury, (Bucks) (Sir Ralph Varney and Sir J. Parkington, both disabled.) Sept. 23. Ordered. A Warrant, itc, for County of Hunting- don, (Sir Sydney Montague, Knight, disabled.) Ordered. The new ]\Iayor of Darby, forthwith to execute the Precept from the Sheriff of the County for a new Burgess in place of William Allestree, disaltled, and Sir .John Curson ; this order to be sent down forthwith, and a speedy Account to be given of the Mayor's Proceedings. Sept. 25. ^Matthias Milward Petitions the Lords, that being {resented to the Vicarage of Plumstead, Kent, he cannot obtain nstitution, the Bishop of Rochester being absent, and there being no Chancellor. The Lords Order Sir Nathaniel Brent to give 3 M 450 CHARLES I. 1645. Institution and Induction to the Petitioner according to his Pre- A- R. sentation. 21 The Commons Order a A^''an"ant, &c., for B. of Colchester, (Sir Thos. Barrington, deceased). They Resolve to clear the Earl of Denbigh, so far as concerneth his Fidelity and Affection to the Puhlick. "Warrants, &c., are Ordered for Stafford, Poole, Weymouth, Melcombe Regis, Bridport, Shaftsbur_v, Corfe Castle, Bristol, Bathon, Wellen, Taunton, Bridgwater, Ik-hester, Milborne Port, AV'endover, Apulby, Wiccomb, Richmond, CarlioU, County of Cumberland, County of Northumberland, Tamworth, Haverford- west, Newcastle-Under-L_yne, and Colchester, in place of Thirty Five ]Member3 disabled and some deceased. Sept. 2G. The Lords receive a Letter from the Prince of Wales, at Exeter, (15 Sept., 1G45) on Propositions for Peace. Warrants, &c., are Ordered for Reading and Abbington, in place of two Members disabled and deceased. Sept. 30. Warrants, &c., are Ordered for New Sarum, Old Sarum, Dounton, County of Rutland, lieicester. County and City of Norwich, in place of Seven Members disabled, (n) October 1. {Wednesdaij.) Lord Savill having reported thatlVIr. Hollis, a Member of the Conmions, did hold correspondency with Ijord Digby, and discover the Counsels and Proceedings of Parliament to the Enemy, is bailed by the Lords. The Commons offer Reasons why he should not be bailed. The Lords Order his Committal to the Tower. Oct. 6. The Earl of Denbigh is appointed Speaker of the Lords' House, pro tempore. The Clerk of the Crown is Ordered to issue Writs of Summons to the new Judges, for their attendance in the Upper House of Parliament. Oct. 11. A Letter is received fi-om the Earl of Lyncolne, complaining that he is debarred from sitting in the House, for not taking' the Covenant, according to a Resolve of the Lords, 10 Aug., 1644. The Commons Order Warrants, for the Counties of Warwick and Westmoreland, in place of four Members disabled, and for the Borough of Hindon and County of Dorset, in place of two Members deceased. Oct. 13. The Lords Resolve, That the vote of the 10th of August shall be revoked, and that the Earl of Lyncolne may be called in to take his Place as a Peer. Oct. 14. Warrants are Ordered for Lancaster, (two Members disabled) and for Preston, (one deceased.) Oct. 15. A Warrant is Ordered, to replace a deceased Mem- ber for Cambridge, and one disabled for the County. Oct. IC. A Letter, directed to Jlr. Speaker, is read, from the Mayor of Sandwich, with the contents of a letter from the Earl of Denbigh, touching the Election of his son, Mr. Charles Riche, to serve for that Town. Ordered. The Committee of Privileges to make examination of all Letters written by any Peers, touching the Electing of any Members to serve in this House. Ordered. Tlie Clerk, together with the AVarrant to the Clerk (m1 The Average of Peers in attendance had heen 10; namely, 6 Earls, 1 Viscount, and 3 Barons. The highest number of Earls huU been 12, and of Barons 7, and the lowest respectively 3 and 1. CHARLES I. 451 of the Crown for issuing a Wril for Election, iScc, to sent! a 1645. Copy of the Order of this House (Dec. 1G41), touching Letters a, r. written bv Peers, &c. , x • . ^ /^ n t ' Oct. 17. The Houses Resolve, that Lieut.-Cxen. Cromwell be continued in command for four months after the determination of his last term. ,, , t. . 1 Oct. 18. Ordered. Mr. Maynard to have all the iJooks and ]MSS.' of "the late Chief Justice Banks, with power to seize the Ordered. Mr. Recorder to have all the Books and MSS. of Mr. John Vaughan, of the Inner Temple, wherever found, for his own use. , . , ^ t. . Oct. 20. The INIarquis of AVinchester, taken m Arms at Basmg House, is committed to the Tower. The Commons Resolve, That Sir John Price is within the Ordinance for disabling Members, and that he be hereby disabled, Oct 25. Wan-ants are Ordered for the City of Winton, and for New Town, Isle of Wight, in place of three Members dis- abled. Also, for Gloucester, Portsmouth, Christchurch, ]\Iyne- head, and the County of Somerset, in place of six Members disabled, and one deceased. , ,r c. 1 Ordered. No new motion to be made after 12, and Mr. Speaker to leave the Chair unless the House is in Debate, or order other- wise. •, , . T Oct. 27. Lord Noel, Viscount Campden, having come to Lon- don, from the King's Quarters, is committed to the Black Rod. He 'is brought to the Bar but does not kneel as a Delinquent, and his Sureties (Manucaptores) whom the House approves, enter into Recognizance for £10,000, that he appear before the Lords in Parliament, two days after notice left at his House in Kensington. r. -r. 1 The Commons Order Warrants for the County of Bucks, (two Members deceased); for Leicester, (the Earl of Kent being re- moved to the House of Peers); for the Borough of Calne, (a Glember disabled), and for Castle Rising. Divisions (this Month) 44-40 ; C8-43 : 43-40 ; 48-40 ; 88-32 (0) November 1. (Saturday.) A Warrant is Ordered for Newport, alias Medena, Isle of Wight, (Lord Falkland, disabled ;) and for Wotton Basset, (Mr. W.' PleythiU-) Nov. 10. The Earl of Lyncolne takes and subscribes the Covenant. . j . The Lord CromweU having petitioned to be received into Favour, is Ordered to give Bail for his appearance. A Warrant is Ordered for County of Southampton, (Sir Henrv Wallop, deceased.) Nov. 12. A Warrant is Ordered for Guilford, (Mr. Abbot, deceased) for jNIarlborough, (John Franklyn, deceased) Bishops Castle, (Rich. ]Moore,esq., deceased, and Sir Robert Howard, dis- abled) for Nottingham, (Wm. Stanhope, disabled.) Nov. 14. Many Ordinances are made to authorize the Com- missioners of the Great Seal to pass a Pardon for otTences against Parliament, under admission of a Fine : also for divers Rectories. Resolved. Two Members of this house to be employed to the Parliament of Scotland. 10) The average number of Peers who had attended was 14 ;• namely, 9 Earls, 1 Vis- count, and 4 Barons. The greatest number of Earls present had bjen 12 and the lowest 7, and of Barons 7 and 2. 452 CHARLES I. 164-5. Nov. 15. The Earl of Ancram claims Privilege as a King's A. R. Servant. *^ Nov. 17- James having, among other words against the Lord Viscount Say and Sele, said, "that none of the Fiennes nor my Lord Say ever did any good to the State, &c." is sentenced to pay a Fine of £50 to the King, to imprisonment in the Fleet during pleasure, is put out of his Offices and Places in the Excise, and out of all Committees. In the Commons, the Question, "whether an Assessment shall be made for assessing and raising by a Tax throughout the King- dom, in a proportionable rate to every Householder's Estate, the Value of One Meal every month, for the relief of Mounster, in Ire- land, to continue six Months," is negatived by 69, against 06. Resolved. The Election of ]\Ir. Tanfield Vachell, for Reading, is void, because the Poll was not granted, being duly demanded ; and a Warrant to issue, &c. Ordered. INIajor-General Browne, a IVIember, to be examined before the Committee of Privileges, concerning the Election of Knights of the Shire for Bucks. Resolved. All Elections of Knights, Citizens, or Burgesses to be made without interruption or molestation by any Commander, Governor, Officer or Soldier, that hath not in the County, City or Borough, respectively. Right of Electing, and this Order to be sent to Reddinge, at the next Election. Ordered, on the Petition of the Corporation and Citizens In- habitants, "That the JMayor do forthwith proceed to the Election of two Burgesses to serve for the City of Chichester according to the WaiTant, &c. Nov. 19. Privilege is allowed to the Solicitor of the Earl of Essex, an-ested. Sir Henry ]\Iildmay claiming Privilege as Lord Fitzwalter, by Descent unto him of the Dignity aforesaid, "The I^ords xVnswer, That this House knoweth no such Person as the Lord Fitz- walter." In answer to a Petition of the Lord Mayor, &c., the Speaker, by command of the Commons declares, " they find the Proceed- ings of the Parliament misrepresented. Out of a tender sense of their Privileges, the Commons desire, that, in tilings depend- ing in Parliament, their Proceedings may neither be prejudiced nor any sense put upon them, other than the Parliament itself shall declare." Nov. 20. The Servant of a INIember being apprehended and imprisoned by the House of Peers, Resolved, a Writ of Habeas Corpus to issue from the Commissioners of the Great Seal to bring such Servant to the Bar of the House, with the Cause of his Commitment. Nov. 22. The Commons having, without Message or Con- ference, Ordered a ^\'arrant, under the hand of INIr. Speaker, to the Gentleman Usher of the House of Peers, or other Officer there, in whose Custody Thomas Grove, (the Servant,) is de- tained, contrary to the Pi'ivileges of the House, i-equiring him forthwith to deliver and dischai'ge him, tlie Lords conceive this to be a Bi'each of their Privileges. Nov. 24. The Lords Agree to an Ordinance for disabling the Judges at Oxford from sitting. Nov. 25. Lady ^Nlaynard, late wife of Lord Maynard, deceased, is allowed Privilege in a Suit. Report is made, in the Commons, of a Conference rcspectuig CHARLES I. 453 Tlionias Grove. The Lon/*- express their Opinions, That this 16i5. House should first have conferred with them before this War- *•»• rant issued ; but they agi'ee to discharge him. 21 N'ov. 27- The Commons Order, That jMr. Nicholas, a IVIember, who had the Chamber of INIr. Cieorge IJeare conferred on him, shall have the Books and Manuscrijjts likewise. A"oy. 2!(. A Warrant is Ordered for Honiton, (Sir W. Poole, disabled). Ordered. Three disabled INIembers to be brought to the Bar on jMonday. llesolutions ai-e taken on the Propositions, as to Members who have deserted the Parliament, and sat in the nnlaivful Assembly at Oxon, called, or pretended to be, a Parliament. Resolved. It shall be High Treason in any Person or Persons to levy, conduct, or command any Foi'ces, without Authority and consent of both Houses of Pai-liament, to the disturbance of the Public ^^'eal of these Kingdoms. The Commons Resolve, That the Titles and Dignities of a Baron and Earl of the Kingdom of England, with all Rights, Privileges, Pre-eminences, and Precedencies, &c., shall be con- ferred and settled upon Ferdinando, I;ord Fairfax, and the Heirs INIale of his body ; and that his jNIajesty be desired in the Pro- positions, to grant and confer the said Titles and Dignities upon him. The Title and Dignity of a Baron of the Kingdom of England, and an Estate in tee simj)le of I-ands of £2,500 per annum, be bestoAved, &c., upon Lieut.-Gen. Cromwell, and his Heirs forever. The Title and Dignity of a Baron, &c., to be conferred on Sir Thomas Fairfax and on Sir W. Wallei', and the latter to have an Estate of £2,500 ])er annvun. An Estate of £2,000, . The L,)rds receive a Seventh Letter from the King, his former ones being unanswered, " to remove objections to a Personal Treaty." The Earl of Newport, taken at Dartmouth, is committed to Black Rod. Resolved. The 20th Proposition, That no Peers shall be made, to have Voice or Seat in Parliament, without consent of botii Houses, shall be one of those to be sent to His .Majesty. Jan. 27. A Pamphlet, intituled, "A Word to the Wise, dis- playing great augmented Grievances, and heavy pressure of dan- gerous Consequence," is referred to a Committee, to inquire after its Author. Jan. 2.9. The Lords appoint the Earl of Manchester, Speaker, for a month. The Commons Resolve, The Serjeant to apprehend the Parties who, &c., delivered a Pam|)hlet at the Door, '• A Confession of Faith of Seven Congregations, &c.," and the INLnsters and AVar- dens of the Company of Stationers to take diligent care to seize and suppress it. Resolved. Mr. Roger Mathewes, chosen a Member of Parlia- ment, and adhering to its Enemies, to be Committed to the Tower. Resolved. To refer to a Coiumittee a Scandalous Pamphlet, intituled, "Truths Manifest." Jan. 30. Resolved. To be one of the Propositions, To declare null all Oaths, Declarations, and Proclamations against both Houses of Parliament, and a Clause to be added, whereby all the Proceedings of the Parliament of each Kingdom, and of both or either House of Parliament, and of all that have acted by their Authority or Allowance, are asserted and declared just and lawful. Jan. 31. An Eighth liOtter from the King for a Personal Treaty, concludes: "And now his jMajesty having so fully and clearly expressed his intention and desire of making a happy and 3 N 458 CHARLES r. 1646. well fTroundod Peace, if any Person decline that happiness bv A .R. opposin<^ so apparent a way of attaining it, he will sufficiently SI demonstrate to all the world, that his intention and design can be no other than the total Subversion and Change of the antient and happy Government of this Kingdom, tmder ivhich the English Nation hath so long flourished." In the Commons, an Act for enacting the Propositions, and turning them into an Act of Parliament, is committed. Ordered. Mr. Speaker to acquaint the House when any Message shall come from the Lords, and the INIessengers to be immediately called in, luiless the House be then engaged in business, and after such business in Debate be ended, the JMes- sengers to be called in before anv other business be proceeded in. Divisions (this Month) 58-30 ; CC-G4 ; 110-73. (r) February (}. (Friday.) The liOrds pass the Ordinance to con- tinue IJeutenant-General Cromwell. The Earl of Lyncolne dissents. Feb. 7. An Ordinance passes for pressing Mariners. A Certificate is read of the Clerk of the Crown, on the Return of George How and Edmond Ludlowe, to serve for the Borough of Hendon, in place of two Members deceased ; the one by the l?ailiffs and Burgators ; the other by the Burgesses and In- habitants. Question being put, Whether this be a good Certificate, upon which a Member ought to be sworn and sit, it passes in the Negative. Feb. 9. Ordered. A Warrant for Dartmouth, (Mr. Roger Mathewes disabled) ; and for Plympton, (Sir Nicholas Slany, slain in Arms against the Parliament). Feb. 10. Lord Morley is allowed to compound for his Delin- quency, and (11) the Earl of Cleveland to h.ave the Ijiberty of the Tower. Ordered. A Warrant for County of Nottingham, (Sir Thomas Hutchenson, deceased, Mr. Sutton, disabled) ; and for Town of Carmarthen. Ordered. This Day Se'nnight, to consider of easing People from their Sufferings under Committees. Feb. 14. Report is made from a Conference on an Ordinance for Martial Law. The Lords adhere to a Clause exempting the Peers of this Realm, the Judges, and the Assistants and Attend- ants of the House of Peers, from being sent for on Warrants of the Commissioners for Martial Law, as Delinquents or Witnesses. They do not think it fit that the Privilege of Parliament should, in tliat case, be waved. They do not agree to an Amendment, " without assent and leave first obtained of the Houses of Par- liament respectively, whereof he is, shall be, or hath been, a JMember, Assistant, or Officer," as intrenching against the most inherent Privilege of Peers of the Realm, not only in, but out of Parliament, who, in cases Capital, are invested by the funda- mental I>awR of the Kingdom, with the Right of Tryal by Peers. Ordered. The Interest and Estate in all Advowsons and Rights of Patronage unto Churches belonging to Delinquents, sliall, upon their Compositions made, be reserved to the Disposal of I'arliament. (r) Soventoen Peers, on an average, were present during tliis month ; 10 Earls, 1 Vis- count, and G Karons. The highest and lowest number of Earls were 13 and 4, and of Harons 9 and 4. CHARLES I. 459 Feb. IG. Resolved. A Committee to consider some way for 164G. preserving and ascertaining tlie Privileges of this House in the a.r. Matter or Money and Revenvie of this Kingdom. 21 Feb. 17- The Earl of Northampton is allowed to Compound for his Delinquency, and to have a jiass to go beyond Sea. Ordered. A. Warrant for Cirimsby and Beeralston, (both Jlembers deceased.) Resolved, No Ambassador, Agent or Publick Man to be so accepted until he tender his Powers to the Houses of Parlia- ment. Feb. 21. Ordered. To discover the Authors, &c. of a scandal- ous Pamphlet, "Another Word to the Wise." Feb. 24. A Message is sent up from the Commons for abolish- ing the Court of Wards, &c., and, '"That all Tenures by Knights' Service either of his IMajesty or others, or by Knights' Service or Soccage in Capite of his JMajesty, may be turned irxto Free and Common Soccage:" to which the Lords Agree. Feb. 27. The Earl of Manchester is continued Speaker for two months longer. Feb. 28. A iV"J«iA Letter is received from the King: "Nothing being equally dear to him to the Preservation of his People, his ]Majesty passeth by many scruples, neglects and delays, and once more desires a speedy Answer to his last Message, &c." Ordered. A Warrant for Chester, (jNIr. Yenaijles.) Divisions (thisMonth) 105-98; 119-93; 48-36; 104-K4; 120-72. (a) March 2. {Monday.) ]Mountjoy Blount, Earl of Newport, his Estate being Sequestered, prays an Allowance for his Main- tenance. Ordered. The Members of this House that know the name of the Person that is called " the Unknown Knight," to name him on Friday jNIorning. March 7. Resolved. The Report from the Committee of the AVest, sent down from the Lords, to this House, Jan. 22 last, being to set a Charge upon the Counties, ought to be rejected, the Message exi)unged, and no Record kept thereof; the Lords having made a breach of Privilege of this House in voting the said Report first in their House, and entering the same in their Books, and sending it to this House by a Message desiring the concurrence of this House therein, the said being concernino- the Raising of Monies. March 14. The humble Petition of the Inhabitants of the County of Durham, " desiring some course that they mav have Knights and Burgesses," is read and referred to a Committee. Resolved. The Great Seal of England to be committed to the Custody of Members of both Houses, for the present. ]\Tarch IG. Resolved. The Stile to be given to the Lord Lisle, to be Lord I^ieutenant-General of Ireland, March 17. Resolved. An Invitation to be given to the Prince from both Houses, desiring him to come into the Parliament's Quarters, to reside in such Place, and with such CouncU and such Attendants as both Houses shall appoint. March 19. Ordered, That the Lord Morley and Mounteafle be taken into safe custody, by the Gentleman Usher. March 20. In the Commons, the Gentleman Usher of the House of Peers is called in, and after three Obeisances, beinril 29. The Commons Order, That a List be made of all such members as have not taken the Covenant, and that they do take it next Fast Viay. Divisions (this Month) lOG-85 ; 88-7G ; 62-54 ; 58-55 ; 76-54 ; 65-51 ; G7-41 ; 71-43; 37-34 ; 40-36; 50-38; 49-38. («) Maij 1. (Friday.) The Earl of Mulgrave, by Letter, revokes his proxy formerly given to liOrd Say and Sele. The Commons Resolve, that the Sheriff of the County Palatine of Chester shall proceed to tlie Election of a Knight notwithstand- ing there is no Chamberlain of Chester to whom to direct, or from whom to receive the Writ, and notwithstanding any Law or Statute to the contrary. The Lords concurrence herein to he desired. May 2. The Earl of Bath, coming to London, is Committed to the Black Hod. A Pass is Ordered for Earl Rivers coming to London to com- pound. A Report is received, that the King has left Oxford in disguise. It is Ordered, that the Duke of Richmond and Earl of Lind- (n) The Peers had nvcragcd 17; 10 Earls, 1 Viscount, Barons. The highest and lowest number of Earls present had been 14 and 2, and of Uarons t) and i. 4G2 CHARLES r 164arl of INIulgrave, formerly granted to the I^ord Viscount Say and Sele and revoked by the Earl of Mulgrave, it is allowed to be offeree and to take place at all times. May 19. Report is made on a Conference concerning Sir John Evelyn. The Commons state that the words, even if used, in sense are not contrary to the course of Proceedings of Parliament ; the House hopeth the I^ords did not intend by their Conference upon these words, so to bind up this House, tliat, in no case whatsoever, though never so extraordinary, though never so much importing, the honour and interest of the Kingdom, the Com- mons of England might not do their duty, for the good and safety of the Kingdom, in such a way as they may, if they cannot do it in such a way as they would, and most desire. 3fay 20. The Judges Report that the Printed Statutes, 21 Jac. ditfer from the Rolls. It is referred back to them. May 21. Ordered. ZVIr. Needham and Capt. Awdley to be attached for Scandalous Pamphlets, touching the Proceedin"-s of Parliament. The Commons Resolve, " That this Kingdom hath no further use of the Scots' Army." May 25. The Lords Order the Lord Campden and the Lord Chandois to proceed no farther in a quarreL An Eleventh Letter from the King, at Newcastle, (18 May) renews his Proposals for Peace. May 26". A Remonstrance and Petition from the City prays for relief from the heavy Taxes, declares against Sectaries and Protections, and urges Propositions for Peace. 3[ay 27. l^he Commons make an Ordinance for better observ- ing the Monthly Fast. The Divisions in the Commons have been, 118 against 71 • 151-118; 115-103; 130-lOC; 101-85; 25-21; 99-D2; 121-99- 110- 99; 148-113; 151-108; 145-103. {iv) June 1. (Monday.) Lord Pawlett is allowed a Pass, to com- pound for his Delinquency. Needham, Author of " Britannicus," is bailed. The Earl of Bristol petitions to come to London, to compound. Many Delinquents are cleared on Eines ; and many appoint- ments of jNIinisters are made. June 2. Report is made, in the Commons, on the Election for Somerset. Sir John Horner, High Sheritt; having received the "\^'rit of Election, appointed tiae County Court, and published the (u>) Twenty two Peers were, on an average, present during this month ; namely, 12 Earls, 1 Viscount, 9 Barons. Fourteen Earls had attended, and the lowest number pre- sent had been 9, The highest number of Barons was 12, and the lowest 7, 464 CHARLES I. 16IG. Election to boat Ilchester, on the first of December last. On A. R. that (lay, above one thousand Freeholders resorted to give their 22 voices. The Clerk of the Court having called the Court betwixt 8 and 9 a. m., when there were not above twenty Freeholders gathered together, attempted to adjourn it from Ilchester to Queen's Camel, about four miles fi-om thence, on alleged Sickness being at Ilchester. The Freeholders present protested, and pro- ceeded in the business till Eleven. In the mean time, a Letter sent to the Sheriif, desired him to come to Ilchester, and to make the Election there, which he refused, alleging the Sickness there, and sent his two Sons to the Clerk of the County to adjourn, who commanded the Cryer to make Proclamation, which some of the Freeholders commanded him not to do, at his Peril. There- upon, the Clerk of the County, not having read the Writ of Elec- tion, adjourned the Court to Queen's Camel, against the consent of the Freeholders, and rode to the Sheriff" at Queen's Camel, and called a Court. But, the time of Election being passed, he ad- journed to next morning at Eight, and sent notice to the Com- mittee and the Gentlemen at Ilchester. Next morning the Writ was read, and Mr. Horner and INIr. Harrington were elected. Resolved. To Agree with the Committee, that the Clerk of the County adjourned the Court against the consent of the Freeholders, that the Election is void, and that a new AVrit shall issue. Ordered. Warrants, &c., for the Counties of Berks, S.ilo)), and Card'gnn, and for the Town of Cardigan, in place of JMembers disabled. June 3. A Letter from Cheshire complains of the heav}' Taxes. Many Protests are entered in the I>ords' Journals. Ju7ie 5. The Earl of Cambridge takes the Covenant. The House declares his taking the Negative Oath shall not be any prejudice to him, to bring him under the notion of Delinquency. June 10. The Lords Butler and Howard are allowed Privi- lege in a Suit. June 11. In the Commons, Sir John Evelyn, of Wilts, makes Report of a Declaration "for asserting the liights of the Parlia- ment of England" which is twice read and Committed. June 12. An " Expedient for settling the Militia," declares, " That it shall be in the two Houses of Parliament for 20 years : then, in the King and the two Houses ; and that in all cases where the safety of the Kingdom is concerned, if the King shall not agree with the advice and desire of the itvo Houses, then they shall act in the Militia as they think fit." The Earl of Lyncolne Protests. June 15. The Lords rei-eive a Twelfth Jjctter from the King, " His IMajesty doth earnestly desire that the Propositions for Peace, so often promised, and so much expected, may be speedily sent to him, that he may apply himself to give such satisfaction as may be the foundation of a firm Peace : and, for the better and more speedy attaining thereunto. His IMajesty farther propounds that he may come to London, M'ith safety, freedom and honour, where he resolves to comjjly with his Houses of Parliament in every thing which may be most for the good of his Subjects, i^cc." The Commons Order a Warrant for Old Sarum. (Sir Wm. Savill disabled and deceased ) June \T. The Commons Order. That on Friday sennight, the House do consider the Election of Knights and Burgesses for CHARLES I. 405 Cornwall, and the whole niatter of Klections for the Siipjjlv of UMIi. Kiiifvhts and IJurges.ses, where they want, antiliave none " a. ii, Jnne2:i. In ihe Lord.i, Colonel Lvlburn, AiKhor of a Scan- ^^ daloiis Pamjjhlet, " The Freeman's freedom Vindicated," refii- .sin>>-to kneel at the Har, is committed close Prisoner to Newate and a Charge is Ordered aj^jainst him. " ' June 20". The Earl of Cleveland is released on Bail. The Commons Besoh-e, (hy 124 against TA) That the Order of this House of 22 Jan, l(i4a, for disabling Sir John Fen wick to sit, be vacated. June no. The Cowmnns Resolve, That two Petitions and a Paper sent from the Lords, being for Monies, are a Breach of the Privileges of this House, and that the Lords be acquainted with it, at a Conference. Divisions in the Commons' House have been, IIT) against 10'{ • ]12-1()«; 101-1)4; 120-110; 75-03; 75-02; 08-04; 54-40. (.t) ' Jnly\. {Wednesday.) The Lords Orr/e?- the apprehension of the Author of a Pamphlet, " The Just Man in Bonds." July 2. The Earl of Northumberland is allowed Privilege on a Distraint for a Port Fine due to the King. July 0. A Committee is appointed " to Reform the Universit v of (Oxford." July 7. The Lords refuse to pass a Vote of the Commons "That the Kingdom hath no further use of the Scots Armv, and that the Commons are not able any longer to bear that burthen," till an Answer shall have been received from the Commissioners going to the King. July 10. The Duke of Richmond and Earl of Lindsev are allowed to reside at their own Houses, there to be ready lor anv commands of the Lords' House. Lieut.-Col. John Lilbourne, for high crimes and misdemeanors IS sentenced to a Fine of £-2000 to the King, to 7 years' imijrison- nient, and is made incapable of any Office. jMany Institutions are made of Alinisters. July M. The Commons Order a Committee to discover the Author of a Scandalous Pamjihlet, " A Remonstrance of many thousand Citizens and other Free-born People of England " and of two other Scandalous Pamphlets imputed to LieiTt.-Coi Lil- bourne. July 15. A l^etter is received from the King. J«/y 17. Lord Howard of Charlton, come in, is committed to Black Rod. The French Ambassador delivers his Credentials to the Com- mons. July 22 The Lords Order, That the Earl of Bath and Lord Howard shall be released, on taking the Covenant. The Earl of Manchester is continued as Sjieaker to Nov. 1 It is Ordered, that all Peers coming from the Kino's Quarters shall be attached. ° ' An Order is made for defacing the King's Seals sent from Oxford. July 2.3. The Commons Order a Warrant for the Countv of Cornwall, (Sir Bevil Greenvile, and Sir Alexander Carew, "dis- abled and deceased), also for Ludlow, (two IMembers disabled) July 24. Ordered, A Warrant, &c., for Shoreham (Mr ]\Iar- lott deceased.) .Ji^ T*^^ average number of Peers present was 19; 10 Earls, 1 Viscount 8 Rimna Ol Larls and Barons the hi^hi.t number present was ]•] and 11, and tile °o west G and 4 3 o 466 CHARLES I. 164-G, July 30. l,ord Howard of Cliarlton is bailed. A. R. Francis, I^ord Seymour, petitions to be freed from Restraint. '^2. jj,iy 31. I.ord Dunsmore is released. Lord Abergavenny tenders himself to the Parliament. July .31. Ordered. A Warrant, &o., for the County of Staf- ford, (Sir Harvey Ba^ott and Sir Edward lattleton disabled.) Divisions in the Commons have been 50 against 35 ; (i2-i7 ; 57-49; 9f)-73; 02-53: !)i)-78 ; 91 -90, {y) August A. (Tuesday.) The Earl of Portland tenders himself. Complaint is made of a Scandalous Paper, "An Alarum to the Lords." Auff. 7- The Commons Resolve, That Mr. George Wither, Author of "Justiciarius Justificatus," shall pay Sir Richard On- slow £500 Damages, and his Hook be burnt, &c. The Commons adjourn to Tuesday, Aug. 11. yivg. 11. Overton, brought belbre the Lords for printing scandalous things against the House, and refusing to answer ; saying " He was not bound to answer any Interrogatories to accuse himself, he being a Free-born Subject ;" is Committed to Newgate for his high Contempt. The Lords take into consideration the great Fines set upon Peers, being far greater than their Estates are able to bear. I^ord Mohun is released on taking the Solemn I^eague and Covenant. Auff. 12. Lord Lovelace is released. An Answer is received from the King on the Propositions lately sent to him ; " which the Houses have taken twice as many months to prepare as they have assigned daj's for His Majesty's Answer, and which do import so great alterations in the Church and Kingdom, that it is very difficult to return a particular and positive Answer, before the true sense and reasons thereof be rightly weighed and understood. A safe and well grounded peace can never be, unless the just Power of the Crown, as well as the ]'''reedoni and Propert}' of the Subject, with the just Liberties and Privileges of Parliament, be likewise settled, to which end His ]\Iajesty desires and proposes to come to Lon- don. And His Majesty assures them that as he can never con- descend to what is absolutely destructive to that just Power, which by the l^aws of God and the Land, he is born unto, so he will cheerfully give and grant his Assent unto all such Rills as shall be really for the good and Peace of his People, not having a regard to his own jiarticular, much less of any body else, in res])ect of the happiness of these Kingdoms." The Commons disable Ambrose Manaton, Esq., and Order a Warrant for I^aunceston. A AVarrant is also Ordered for Saltash, (George Buller, Esq., deceased, and Edward Hide, Esq., disabled.) Aug. I'A. It is Ordered, That the Press of Robert Eccles, for ])rinting Scandalous Rooks, be destroyed. Aug. 14. The Commons adjourn to Tuesday, 18. Aug. lf{. Sir John Stowell, brought to the Bar of the Com- mons, being commanded to kneel, refuses, desiring first to be informed what was his Offence. He is Ordered to witlidraw, and, by Resolution, forthwith committed to Newgate for High Treason, in levying War against the Parliament. (r/) Fifteen Peers were present, on an average, during this month. Earls G, Barons 8, ami the liighcst anil lowest numbers were of liarls 'J ami 5, ami of Uarons 11 ami 0. CHARLES I. 467 A„a "<). 'riie Commons Hrso/rr, 'I'hat the several Allowances )(>lb. of £4 ner week, .rranted to the Members of this House, ami all a. ■<. I'ensions to iNlenibers, shall be discharged, and that the 1-ords concurrence herein be desired. , ., ^ Ann '>! The Commons Renolve on a Conference, and that lleasons be offered to the Lords for the necessity of speedily pass- in*' tlie Ordinance for the Sale of Delinquents' Kstates, "l«Y/ "4. The Lords Order, That a Standinjr Order be )nade to rcmlate aU Orders for giving Institution and Induction, the Parties being first presented unto any Spiritual Livnig by the respective Tatrons, or otherwise. ,<• . .i , Aug. 2a The Earl of Southampton tenders lumseli to the rarliament. „ , , ^ i The Commons Jiiable Sir G. Wentworth, and Order a new Writ for Pontetract, • . i-10i , ' ^'teiJmbfr'2.\ Wednesday.) The Earl of Cleveland is released on his Parole. ^ . .., ]Mr Serjeant Glanvile having lain in Prison two years, with- out anv charge being brought bv the Commons, the Lords Resolve to bail' him unless ihe Commons present farther against hini. Sent a The Earl of Bath takes the Covenant, and is treed. The' CoHH«o»4- make an Ordinance for disal)ling Delinquents from anv Practice in the Law, Common or Civil, and irom hold- ing or e'xercising any Office in the Church or Commonwealth, without consent of both Houses. „„,,,. ^ . i-^ii Sent 4. The Commons Order (121 to 97) a A\ arrant for Kell- ington, (Sir Arthur Ingram, deceased, and George Vane, Esq., disabled.) , ,., , , t i Sent 10. Lord Savile has liberty to come to London. Sept. 11. Lord Chandois petitions that the Sequestration may be removed from his Estate. , , ^ Warrants are Ordered for the County of Flint, (John Jlostyn Esq., disabled); for the Town of Flint, (John Salusbur^^ .lun., Esd disabled); for the County of :Monmouth, {W . Herfjert, Fs< '' deceased); for the County of Hereford, (Humfry Coningsby, Esq , disabled); for the City of Hereford, (James Scudamore and Kichard Seabourne, Esqrs., disabled); lor the Borough ot Lempster, (Sampson Eure, Esq., disabled); lor the Borough ot Webl°v (Arthur Jones and Thomas T omkins, Esqrs., disabled. ) Sent' 15. AVarrants are Ordered for Wendover, (INIr. Fount- aine, deceased), and for Wallingford, (Mr. Thomas Howard, disabled.) , . . , ■ t> ^„ Sent \G. The Earl of ^Nlulgrave having given his Proxy to the Earl of Warwick, the Lords Order, that it be entered upon the Ilecords, and filed according to course. . , „ , ^ „,.,, It is Ordered, that the Heralds be inquired of, what i it e Sir AValter Devereux is to be styled with, and whether the 1 itle of Lord Viscount Hereford belong to him or no, upon the death of the Earl of Essex. • . ., t i Ordered. A Pamphlet, "A Dehance against the Louls^ House, &c," to be publicly burned. • . i. , Sept. 22. The Heralds certify that Sir W. Devereux is to bj styled Viscount Hereford only. (^) The average atlcudancc of I'cos ^vas LI; viz;. EarU «, Vhcount 1, Dai on s 7 (12-6; 10 and 3.) 168 CHARLES I. I(i4(). P. M. Tlie I>ords agree to a vote of tlie Commons, "That A. K. the Pei'son of the King shall he disjjosed of as both the Houses ^2 shall think fit." The Earls of Lyncolne and Suflblk, and four JJarons ])rotest. Sept. 2'A. An Order is made as to Lords absent from Prayers, that Earls and Viscounts shall pay 2*. and Barons \s. ; and that such as are absent without Leave, shall i)ay double every day's absence. Sept. 25. The Commons Order, That the Estates of the liOrds Cottington, Caj^ell, of the Earl of "Worcester and the Marquis of A\'inchester, of AVilliam Shelden of l>eily, Sir Charles Smyth of "Warwick, Sir H. IJeddinglield and his Sons, be Sold. Sept. 29. The Commons Order a Ciuard to stand at the foot of the Stairs, to keep and hinder all but Members, Officers, Attend- ants and their Servants, from coming in to the Outer lloom, ords pass the Ordinance for abolishing Ai*ch- bishojjs and others. Seven Earls and Five Barons are present. Oct. VS. The Lords Outer a course to be taken to jmnish the Printers of a base and scandalous Pamphlet, "An Arrow against all Tyrants and Tyranny, by Richard Overton." Oct. 14. Ordered. A Warrant to secure the Printers and certain Printed Papers relating to Proceedings in Parliament, to seize the Presses and disoi'der the I^etters. liesnlved. John Field, Printer, to be Committed to Newgate. Oct. 16. The Commons Resolve on the above Printed Papers, First, That to have Arguments held forth to the Kingdom against the Judgment of Parliament, is not for the Good of the Kingdom. Secondly, That to have Arguments printed all of One Side, is not to deal fairly with the Kingdom. Thirdly, That a Committee of liords shall be desired to join one of this House, to consider some way of righting the House, and of jireventing the like inconvenience for the future. Oct. 20. Edmund, Earl of IMulgraA'e, sits as a Peer, succeeding his Clrandfather, Ednuuid, Earl of IMulgrave deceased. 'J'hc Lords are Ordered to attend the Funeral of the Earl of Essex, in their llobes, on Thursday' JMorning, at Ten. (ml Fifteen Peers hail attended the sittings of the House ; 9 Earls, 1 Viscount occa- sionally, and G Barons (12 and :•>, H and 3). Divisions in the Commons have been 112 against 102 ; 105-100; 82-G.J; 91-83; 94-73; 52-r)l ; H7-72; 5(i-.il. Nov. VJ. The Commons Uesolve that the Demesne Lands of .Archbishops, Bishops, &c., sliall not be sold under 10 years' purcliusc of their full value in ItiU. CHARLES I. 469 The Commons also Order tlicir Alembers to attt-nd at Essex 1040. House, at Kijrht. Thev adjourn till Friday, at Eight. a- «• The Question is carried ])y IJ7 against 5(), " That the Order for ^2 disai)ling Members of either House to be Commissioners of the Cireat Seal, shall be Vacated." Oct. 2'A. "S'iscount Hereford takes his scat as a Peer, according to Summons, (Sept. 2'.i). u\.n Oi-dinance concerning Peers' Honours, <*tc., is passed with the following Protest: " That in respect this Ordinance neems to be perjjetual, and not appearing to be sent to the King for his Conse7it, tfhereby things that are to be perpetual might be settled in the old wag by the Three Estates, tve dissent from the same." llutland Suffolk, jNIiddlesex, Noi'th, I^yncolne, JMulgrave, Hunsdon, AMUoughbye, llobertes. Twenty-two Peers are present. The Earl of JManchester is continued Speaker to Feb. 1. It is Ordered, by the I^ords and Commons, That the Speakers of both Houses shall have Powers, &c., as fully as any Ijord Keepers or Commissioners of the Gi"eat Seal. Oct. 27. IjOi"d Lovelace is allowed Privilege in a Suit. Oct. 29. Ordered. The Earl ot J3erks, come out of the King's Quarters, to be examined. The Commons send up an Ordinance, " to Suspend the Privi- lege of JNIembers of both Houses, that their Lands may be liable to' Debts." Oct. 30. In the Lords, the Votes are Even (12 and 12), on an Ordinance to jirevent Peers sitting in Pai'liament, who have been created since jNIay, 1G42. It is Ordered, in the Commons, by consent of liOrd JNIounson, That he do wave his Privilege as a JNIember of this House, as to any Action at Common I^aw, by the Countess of Peterborough, for Trial of her Title to certain I^ands. (6) Noi'ember '5. {Tuesday.) The Commons Orrfer "Warrants, &c., for the City of Chester (two Members disabled) ; for Gloucester (a ^Member disabled) ; and for Cirencester (two Members dis- abled). Nov. 9. Edward, Lord Pawlett, having had his Subsistence wholly for many years from his Brother, the I^ord Marquis of Winton, and being now in great want, prays 11 elief out of his Brother's Estate. Nov. 11. Warrants are Ordered for Plympton (Sir Thomas Hill); for City of Exeter (a Member disabled); for Maidstone (a Alember deceased) ; for the County of INIontgomery (Richard Herbert, Esq., disabled) ; for ljewdly'(Sir H. Herbert disabled); for St. Jermyns (a JNIember deceased) ; for Worcester (two Mem- bers disabled"). Nov. 18. The Earl of jNIoulgrave and Lord Viscount Hereford take the Covenant. The Commons Orr/er "Wan-anfs for the University of Oxon (a INIember deceased); for the City of Oxon (two Members disabled); and for the Borough of JNIonmouth. On the lleport of an Ordinance, " for taking the Solemn League and Covenant by all Persons in England and AVales," the Question whether it shall be read a Second time, is negatived by 133 against 115. (6) In October the average atlcnriance of Peers was IG. The highest number of Earls 13, and ihe lowest 5 ; and of Barons, the highest 10, and lowest 5. On the 29th and 30th, two Viscounts were, for the first time, present. 470 CHARLES I. 1(>16. Nov. 21. liOi'd Stoiirton tendei's himself. A. n. JVov. 23. Mr. Hack well is sununoned as an Assistant to Par- 22 liament. jVov. 24. Lord Cromwell has Privilege, on an Arrest. Tlie Question to retain a Cause in the Lords' House, being affirmed, the Earl of Lyncolne Protests, (c) Nov. 2G. The Commons Order a "\A'arrant for Lichfield (Sir Richard Cave disabled and deceased.) Nov. 30. The Commons Order the " Committee of Complaints" to find out the Authors and Printers of a Scandalous Pamphlet, " An Unhappy Game at Scotch and English, &.c. &c." The Book to be burnt, {d) December I. (Tuesday.) The Commons not admitting the Mes- sengers sent by the Lords, they Resolve, Tliat the Privileges of this House liave been broken, and that a Committee and Confer- ence be had thereon. Dec. 2. The Commoiis Order the distributors of Pa])ers, " A Protestation why the Protestators could not join in the Worship in the Public Assemblies of the Church of England," to be sent for as Delinquents. Dec. 3. Sir Thomas Cheeke lays claim to the Barony of Fitz- w alter, {e) Dec. 4. The Lords Order an Ordinance, "That Patrons shall present their Clerks to the Houses, whereas formerly they were presented to the Bishops." Ordered. An Inventory to be made of Books, INIathematical Instruments and Globes, belonging to any Masters, Headers, or Scholars in the University of Oxford, which ai-e liable to Seques- tration. Dec. 7- The Lords' Votes are Even upon a Question as to the Admission of Sir J. Brompton, Knight, to be Assistant. Dec. 8. The Commons Order Wan-ants for the County and Borough of Carnarvon, County of Anglesey, B. of Beaumarris, and B. of Lestwithiell, in room of six Members disabled, &c. They Resolve, That no Member of either House shall have any Sequestration whatsoever, by Grant or Lease. Dec. i). The Commons appoint a Committee to consider and bring in an Enumeration of those more crying National Sins for ivhicli the Nation hath not as yet been humbled before God." Dec. 10. It is Resolved in the Commons, " That a Grand Com- mittee shall consider of taking away the exercise of all Arbitrary Power in all Places, and preveyiting the exercise of the same for the future: also, for preventing the inconveniencies in Private Suits or Debts by reason of Privilege and Protection of Mem- bers. Dec. 12 On a Question in the Commons, " AVliether the Can- dles shall be brought in ?" the Yeas are 107, the Noes 7^. " Mem. 'I'hough brought in for the use of the Tellers, none were set on the Table, until by lleport of the Division of the (f ) The Earl of Lyncclnc seems to have appeared in the House for the first time, Oct ; 13, 16i5. (rf) In November, 17 was the average number of Peers present. The highest num- ber of Earls was 11 and the lowest 4, and of Barons 10 and 1. Two Viscounts had been present on 4 days. Divisions in the Commons' House (Oct. and Nov.)— 79 against Cb; 48-31; 44-39; 48-37; 04-62; 70-73; 48-30; 44-39; :)3-48; 55-43; 90-82; 59-53. ((?; l) ; 107-7.3; f!)-7-'; 20-25; 11S-'J3; 150-1*0 ; 12y-106; 133-yi ; 133-1)0; 133-71 ; 130-01) ; 78-Gy ; C4-01 ; S!)-27 ; 75-55. CHARLES I. 473 arrested. His discharge is Ordered, and the Matter of Fact to lGt7. be c-onsiderod. *• "•• Fe/>. Hi. The Lords receive a Petition from Suffolk, praying ^8 for Chui-ch Government, the Safety of the King, &c. Feb. 1!). A liCtter from the King, at Holdenby, desires some of his Chaphiins may be sent to him. Feb. 22. The Commons revive an Order for every Knight to pay 20a'., and every Burgess 10*., towards the recompense of Officers, &c. Feb. 2G. Walker is Ordered to be attached for a Book "Perfect Occurrences." Feb. 27. A Declaration is received from the Parliament of Ireland, "That they will maintain the Protestant lleligion;" and desiring assistance for bringing just vengeance, on the Per- fidious Rebels. The Commons, with much state, admit the French Ambassador to an Audience, (h) March I. (^Monday.') The Commons Resolve, that Philip, Earl of Chesterfield, shall have £5 a week, out of his own Estate. Ordinances have passed the Lords to clear 41 Delinquents, on Fines paid. March 5. The Commons Resolve, by 159 against 147, " That the Forces shall be commanded by Sir Thomas Fairfax." March 8. Ordered. The Eaii of Peterborough to take the Covenant. A Letter from the King states, " Tt being now 27 days since I wrote, and not yet receiving any Answer, I cannot but renew the same to you, and indeed concerning any thing but the neces- sary duty of a Christian, I would not thus at this time trouble you with any of my desires. But my being attended b}-^ some of my Chaplains is so necessary for me, that I will slight divers kinds of censures, rather than not obtain what I demand. Be- sides the divers Reasons which no Christian can be ignorant of in point of conscience, I must assure you, tliat I cannot, as I ought, take in consideration those Alterations in Religion whicli have been and will be offered to me, witliout sucii help ; because lean never j'udge rightly of, or be altered in any thing of my Opinion, so long as any ordinary way of finding out the Truth is denied me. When this is granted me, I promise you faithfully not to strive for Victory in Argument, but to seek and submit to Truth, according to that Judgment which God hath given me, always holding it my best and greatest Conquest, to give content- ment to my two Houses of Parliament in all things which I con- ceive not to be against my Conscience and Honour." The Commons Resolve, by \'S(i against 108, Tiiat all the Officers under Sir Thomas Fairfax shall conform to the Church estab- lished by Parliament. March 9. Ordered. The Authors of " The Outcries of the Oppressed Commons," and, " The Scotts' Apostacy," to be found out. March 13. The Lords make an Ordinance for " Recruiting the House." All Lords are to attend on Wednesday. March 15. In Answer to his Majesty's two last Letters, the Commons state, " If he think fit to admit such of his Chaplains as have taken tlie Covenant, the Houses give Leave." (h) In February, the Peers averaged daily 15. Tcri Earls had been the highest, and 3 the lowest number present, and of Barons, 11 and 2. Two Viscounts attended on three days. 3p 474 CHARLES I. 1647. Seijeant Glanvill is bailed for £2,000, and is to take the A. n. Covenant. 23 The Commons order Wan-ants for the City of Lincohie, and for llippon, (two Members deceased). March 16. The Commons Resolve that a Monthly Sum of £60,000 be levied in the several Counties of England and Wales. March 19. Warrants are Ordered for the County and Borough of Radnor, (two Members disabled, one deceased). March 20. The Commons Resolve to adjourn from every Friday Noon, till every Tuesday Morning at Eight. March 23. It is Ordered, That no Peer shall be bailed till he takes the Covenant. A Warrant is Ordered for Scarborough (Member deceased). March 25. Lord Hereford petitions for Reparation for his Losses, The Commons Order a Warrant to the Serjeant at Arms, to apprehend all the Publishers of a libellous Pamphlet, " A Warn- ing to all the Counties of England to awake speedily out of their Dreams, and to apply themselves to all just Means for the Re- covery and Preservation of their Liberties, because of a present Design to expel the most Faithful out of the House of Commons, and frustrate all the Country's Good Elections ; That so, the Malignant Party may bring the Free Commons of England, now, after all their bloody Sufferings, to cruel Thraldom, and make themselves Lords over them." A Committee is to discover the Author, and the Company of Stationers to seize it forthwith. Report is made from a Conference. The Lords complain that their Messengers are made to attend the Commons, sometimes days before they are admitted, which seems a Reflection on the House of Peers, and is a great Prejudice to public Affairs. A Petition from the Lord INfayor, &c., complains of the num- bers of the Army quartered upon them. A. R. March 30. The Lords Order, That in Cases of Challenge, the 83 Conmiand of the Speaker shall have the force of an Order of the House, (i) April 1. {Thursday.) Mr. Speaker acquaints the House of a Petition received from the Army. The House expresses great Dislike to it, " The Officers should employ their endeavours for effectually stopping and suppressing it." April 6 and 7. Ten Delinqiients are cleared on Fines. Lord Conway and the Duke of Bucks are also cleared. Lord INIaynard claims Privilege against I^dy Rich, "for taking a Child, Mrs. Elizabeth Rogers, out of his house, without his consent or privity." It is Voted, not to be a Breach of Pri- vilege. April 14. A Writ is Ordered for Camelford, (Piers Edgcomb disabled). April 15. The Commons Resolve, That the Monuments erected in Christ Church, Oxon, for Sir W. Penyman and Sir H. Gage, shall be defaced and demolished, and likewise all others there, scandalous or reproachful to the Parliament, or the Proceedings thereof. (j) In March, the number of Teers present averaged 13. Ten Earls was the highest ever present, and the lowest number one, and of Barons 11 and 1. Two Viscounts attended on 2 days. Divisions in the Commons in February and March were — 83 against 74 ; 81-74 ; 93-8.V; 101-8G; 147-145 1158-148; 120-92; 115-92; 88-59; 123-87; 78-09; 91-79; 159-14T; 13G-108; 84-41; 9G-76, 65-64; 79-77; 49-18; 55-42; 89-77. CHARLES I. 475 April in. Ilonry Walker petitions tiie Lords, that some Per- 1617. sons may 1)0 deputed to peruse his " Occurrence of News," before *• »'• he prints them, (k) 23 April 22. The Commons Order the Commissioners at Holdenby to ])revent the number of l'eoi)le resorting to the King to be touched for the Evil. April 23. The Commons Order inquiry as to the Author (supposed to be Captain Styles in Colonel I^ambert's Regiment) of a Scandalous Pamphlet, "A new foinid Stratagem framed in the old I"'orge of Machiavelism;" also of "an Apology of the Soldiery to their Commissioner Officers ;" also of a " llecantatiou of Judge Jenkins." Ordered. The Committee "appomted to judge of Scandal" to meet in the Painted Chamber. yipril 27. The Lords, receiving a Report fi-om the Lords sent down to the Army, think it necessary that speedy care be taken for providing Money. 'Vhe Commons Resolve to consider, "Whether the Lords may send such a INIessage to this House, in respect of the Privilege of this House in matter of Money." April 29. A AVarrant is Ordered for Norfolk, (Sir John Hobart, deceased.) April 30. Inquiry is 0>'eave of Absence for a Term not exceeding Six Months, and a Pass beyond the Seas. Resolved. The Serjeant-at-Arms to command the People as- sembled on the Stairs in a clamorous and tumultuous way, forth- with to be gone, I'emove and disperse ; and that One Hundred Halberds be forthwith provided for the use of the House. The Commissioners of Sir T. F. desire " That all Persons Imprisoned, ivhose Imprisonment is not by the ordinary and reynlated Course of Law, but by Order of either House of Parlia- ment, OR of Cobimittees, may be put into a speedy, I'egular and equitable Trial, or have liberty, upon reasonable Security for their appearance at a day certain, and if, on trial, thev appear wrongfully or unduly imprisoned, they mav have Ke])aration according to their sufferings. In particular ive desire this may he done in behalf of Lieut. -Col. John Lilburne, Mr. JMusyravc, Mr. Overton, and others in their condition, imprisoned in and about LondonJ"" July 21. Lord Conway is allowed Privilege in a Suit. July 22. An Ordinance is made to secui"e payment of Tithes. In the Commons a Petition is read, of the " Citizens, Commis- sioners, Officers and Soldiers of the Trained Bands, of the Young Men and Apprentices of the Cities of London and AVestminster, the Sea Commanders, Seamen and AVatermen, with divers other Commanders, Officers and Soldiers, &c." A Committee is appointed to consider what Engagement or Combination has been entered into by any People to the dis- turbance of the Peace of the Parliament and Kingdom, &c. CHARLES I. 4Sl Jiilij2X The Earl of Manchcstov is continue J Speaker till 1617. 25th Marcli. *• "• Tlie Earl of liyncolne is allowed Leave till Michaelmas. 23 111 the Commons, Resolved, That a Declaration be made ai^ainst the " Solemn Eiif>-agement" of the Citizens, Command- ers, OfHcers,and otliers, petitioniufr "that the King may presently come to tlie Parliament, &c.," that iUl such as set their Names to, or publish it, sliall be guilty of High Treason. July 2(j. The Lords make an OrHmnnce " to annul and make void the Declaration of July 23 and 24, declaring those Traitors, and so to forfeit Life and Estate, who siyn or publish the Engage- ment.''^ A Petition is received from the Lord INfayor, A.ldermen, Citizens, Apprentices, Officers and Soldiers of the Trained Bands, Sea Commanders, Seamen and others, praying the llevocation of the Ordinance on the Militia. The Commons, by Advice of the Lords, Revoke and make void the ordinance on the milltia, and their Declaration of July 23. " The House could not be divided, according to the ordinary and constant practice, by reason of the Multitude and 'i'umult at the Door, that would by no persuasion withdi-aw, that the outer lloom might be cleared." July 30. Ileport is made to the Commons' House, " That Mr- Speaker was not to be heard of; that he had not lodged at his House that night, but was gone out of Town Yesterday Morn- ing." A Debate is held as to the continuance of the House, and their Power to elect a new Speaker. Mr. Pelham is nominated, but declines. Two Members take him by the arm and place him in the Chair. After further excuses, he submits. (7) A Petition is read from the Lord Mayor, Aldermen, and Common Council. Resolved, " The House doth approve it." Resolved, All Members absent without Leave, to attend forth- with. All having Leave, and the Impeached Members, to attend on Aug. H). A Petition of many "wellaffectedyoungMenand Apprentices " is read, Resolved, "The House doth approve thereof.'" The Lords read "a Petition from the I^urd IMuyor and Aldei-- men, and an Order of their Militia Committee" The Lords retxcrn them hearty Thanks for their continual care of the Safety of Parliament, i|'c- The new Speaker of the Commons is pi-esented and approved in the Lords. Sir Thomas Fairfax, by Letter, informs the House, " That he is marching to London for the Security of Parliament." The Lords and Commons Order, "That the Army shall not advance within 30 miles of London, and that a Letter be written to Sir T. Fairfax to observe this Order." (r) Aug. 2. The Assembly of Divines ])etitions for Peace. (q) It is to be observed tluit the Lords Journals make no mention of the dcpnrturcof their Speaker, the Earl of Manchester, nor of the appointment of Lord Willoughby of Parham, in his place. U) Divisions in the Commons, in J?y some Genilemi'n ai West- minster, as contrary to all Ilig/it, Iieaso7i, Law. or Custom, and we are clearly satis- fied that there is no Free and Legal Parliament .Sitting, and that t/ie Orders, Votes, SfC., of some few Lords and Gentlemen at Westminster are ttoid and tittll, and oiiglit nut to be suhiiiilled laliy the free burn Sulijects uf England . Tlierefore we have Uesoived to man li up to London." In this Di-clrivailon sec a pertinent account of the effects of the Admiiiisttation of Law by " JVlulliludes." Lords' Journals, IX. 377. CHARLES I. 483 Anr/, 13. A Declaration of both Houses to tlic Army, on the liJl?. violence otloretl to rarliiinient by the C'ilizens, is siirneil by llie a. ii, Karl of Maiidicster and August. They desire a Conference concerning the Votes sent on the (jth of August, and offer an (Ordinance for the speedy Settlement of Peace, discharging themselves of all consequences, if it be refused. Ang. 10. The Commons negative the Lords' Ordinance, bi/ 87 against 84. A llemonstrance is read from Sir T. Fairfax and the Army, at Kingston, insisting "that the IMembers who sat while the Si)eakers were absent, shall not sit again till they have cleared themselves." Aug. 20. The Lords, by Lettei", " approve the Armijs Tiemon- ^ trance." An Ordinance for annulling, &c., is approved, as amended by the Commons, Aug. 20. A new "Writ is Ordered for the County of Merioneth, (a Member deceased.) Aug 27. Ordered, The Printers of " New Propositions from His Excellency Sir T. Fairfax," and "His Majesty's Declara- tion to all his loving Subjects," to be attached. (<) Sejitember 1. {Wednesday.) The Commons make an Ordiuance against Persons assembling about the Doors of the Houses, " that they do not j)resume to resort tliither, &c." Sept. 4. Ordered in the Commons, The Eleven IMembers, ac- cused by the Army, to appear on the lOlli October, to answer, &c. Sept. 6. An Ordinance is made against all Pamphlets, &c., giving the Occurrences and Proceedings of Parliament. Sept. 7- The Commons Resolve, by 58 against 52, that John Glyn, Ilecorder, (an accused JNlember) bedischargetl from being a ^Member, and be Committed to the Tower. The}^ Resolve, also, that Sir .John I\Iaynard, who refuses to answer to any of the Informations, shall be disabled, committed to the Tower, and Impeached of High Treason. Sept. 8. The Commons, by JNIessage, Imijcach the Seven Lords, who sat while the Speakers were with the Army, of High Treason, " for levying War against the King, Parliament and the Kingdom," and desire the Lords to sequester them. («) (0 The Average number of Peers present in the House of Lords, in August, was Seven. The highest number of Earls was 7, and the lowest 2. The highest number of Barons was 5, and the lowest 1. One Viscount occasionally attended. (?i) These Lords were James, Earl of Suftblk, I'rancis, Lord Willoughby of Parham, John, Lord Hunsdon, William, Lord Maynard, Thcophilus, Earl of Lyntolnc, Georgcl Lord Berkeley, and James, Eail of Middlesex. 484' CHARLES 1 1017. Sept. 1). The Commons disable, and commit lo the Tower, A. u. I,yoneil Copley, Esq. {v) 23 Sept. 14. The Commissioners return from Hampton Court, having on the 7th delivered to the King certain Projjositions of the Parliament. "His ]Majesty finds tliem the same in effect which were offered to him at Newcastle, to some of which, as he could not then consent without violation of his Conscience and Honour, so neither can he agree to others now, conceiving them in many respects moredisproportionable to the present condition of affairs than when formerly presented. He therefore projiounds as the best way in his Judgment in order to a Peace, that his two Houses will instantly consider those Proposals upon which there may be a Personal Treaty with his ^Majesty, hoping that the said Projiosals may be so moderated in the said Treaty as to render them the more capable of his INIajesty's full concessions." The Commons concur with the Lords in talcing off" the Earl of Portland's Sequestration, "/or that both Houses have noxv passed away the Isle of Wight, and tlierein the greatest part of the Petition- er's Fortune.'" Sept. 15. An Ordinance is made for making Recompense to Ijord Viscount Say and Seie, Sir B. Rudyard, Knight, Sir Row- land Wandesford, Knight, and Charles Fleetwood, Esq., out of the Lands and Possessions of the Earl of Worcester, and Francis Lord Cottington, in lieu of their respective Places. Sept. IG. Petitions from the Citizens of London and Counties of Oxon, Bucks and Herts are Ansivered, "The matters have been settled after great and serious Debate, by the Ordinance, 20th August." (w) Sejit. 17. A I^etter from Sir T. Fairfax complains of Scandal- ous Pamphlets, and desires that two or three Sheets may be permitted to come out weekly, which may be Licensed, and have some Stamp of Authority, and that Mr. Mabbott may be restored and continued as Licenser. An Ordinance is made against the Forgers of an Act of Parlia- ment. Sej)t. 20. An Ordinance passes to inhibit and prevent the printing, &c. of Pamphlets, seditious Libels, &c. {x) Sept. 21. The Lords and Commons Resolve, "That the King in his Answer given at Hampton Court on the !Jth Sept., hath DENIED HIS Consent to the Pkopositions roii Peace." Sept. 22. The Scots' Army declares "it will maintain the Covenant for the King and Parliament." Sept. 23. The Commons Resolve, " The House will once again make Application to the King for those things which the House shall judge necessary for the welfare and safety of the Kingdom." Resolved. The matter of the Proposition for the utter abolish- ing and taking away of Archbishops, Bishops, their Chancellors, &c., shall be sent to the King, for his Consent. (v) A Letter from the Mayor of Sandwich, on certain words spoken on the intentions of the armv, has this superscription, "To' the Earl of Manchester &c.. These, Haste, Haste, Haste, " Haste, Haste, Post Haste, for service of the King and Parliament. "These, Haste, Haste, Haste ! !" The form of this requirement was not uncommon, on urgent occasions. (w) Much of the time of the Houses is now taken up with Resolutions as to Compo- sitions to be paid on clearing from Delinqtiency, and the same proceedings were con- tinued througli the two following years and under the Commonwealth. This Treasury Kesource was never neglected. (.r) On the '20tli, the Commons Order that all Sequestered Books, Kvidenccs, Records, &c., shall be forthwith delivered unto Henry Elsynge, esq., Register. CIIAULES I. 485 Resolved. The I'ruposition, "Thiit all Outlawries, Altaiiulors, 1617. &c., af^ainst rt«.y for atilieriiig to llie Houses in the War lliev a. ii. liave been necessitated to undertake in their just and lawful '^* defence, shall be declared null and void," sliall be sent to the King. Sept. 24. The Lords allow Privilege to Halsey, Solicitor to the Earl of Lyncolne. The Commons Resolve to impeach of High Treason Sir John Gayer, Knight, I^ord Mayor of the City of London, many Aldermen and others, "for abetting the force and tumult used on the 20th July." Sept. 29. The Commons pass an Ordinance against the Con- trivers, &c. of the late horrid and violent force done to both Houses. Sept. 30. Mr. Mabbott is appointed to license the Weekly Papers, and an Ordinance is made against Unlicensed Books, (y) October 2. (Saturday.) The Commons Resolve that the King's consent shall be desired to the Ordinance (3 Jan., 1644) taking away the Book of Common Prayer and establishing the Directory. Oct. 5. The Commons answer the Petition of divers Citizens of London, Westminster, Southwark, &c., " That the matter has been settled by the Ordinance, 20 August, and that it is the Duty of Englishmen to acquiesce in the Judgment of the Parliament, and the House doth expect they should do so." Oct. 7. An Order is made to discover the Author of a Scan- dalous Pamphlet, "IMercurius lledivivus." Oct. 9. The Commons' House is called. A Committee is appointed to examine the causes of the Absence of Members. Oct. 12. The Earl of Shrewsbury tenders himself. Oct. 15. A new Writ is Ordered for Shafton, (Member deceased.) Ordered. The Serjeant-at-Arms to apprehend all Women and other Persons who clamour about the Houses, and speak scandal- ous words against the Parliament. Oct. IG. Ordered, llichard Lownes, Author of "Mercurius Pragmaticus," a libellous, seditious Pamphlet, to be committed to Newgate. Oct. 22. It is Reported, That the Vice-Chancellor and certain Heads of Houses at Oxford, refuse to submit to the Visitation of the Visitors appointed by Parliament. The Commons Resolve, That the Arrears of pay to the Army shall be paid out of the remaining part of the Lands and llevenues of Archbishops and Bishops, belonging to their Arch- bishopi'ics, &c. Numerous Delinquents are cleared, on Composition by Fine. Oct. 25. New Writs are Ordered for County of Stafford and Boroughbridge, (IMembers deceased.) Oct. 28. Resolved. Members who were absent at the last Call, and have deposited, or shall deposit, their £20, between this and Saturday, shall have them restored. («) (y) The Average Number of Peers present was Six. The number of Earls or Barons never exceeded Five, and their lowest number was Two. One Viscount only ever attended. Divisions in the Commons were, in August, IZ against 32; 95-94; 110-76; 95-70; 104-6i; 78-75; 77-72; 80-63; 87-84; 9,i-'J3; 85-83; 66-51; in September, 51-40; 58-52; 71-31 ; 84-34; 70-23; 36-5; 29-19. {%) The Average Number of Peers present in Oc/oAfj- was Seven. The number of Earls never exceeded 6, or that of the Barons, 5 ; and their lowest Numbers were 2 and I . Only one Viscount occasionally attended. 486 CHARLES I. 1G17. Nov. 2. Ordered. A Collection and Catalogue to be made of >. R. all Papers, Writings, &c., that are in the hands of tlie Clei'ks 23 and Secretaries of Parliament, to be made use of by Parliament. Nov. 3. The Question, " Whether jNIembers absent on a Call, shall forfeit £20," is nec/atived by 152 against 112. Nov. 5. Resolved. The King is bound in Justice and Duty to give his Assent to such Laws as shall be tendered unto him by both houses of parliament. Nov. G. The Scots' Commissioners, by Letter, desire that the King may be brought to London for a Personal Treaty. Nov. y. It is Ordered in the Lords, That £100 be set upon every Lord summoned, and not pi'esent, unless in regard of health. Lord Viscount Hereford is to attend this day three weeks. The Commons receive a Paper addressed "to the Supreme Authority of the Nation, the Commons, in Parliament assembled," "The just and earnest Petition of those whose names are sub- scribed, in behalf of themselves and all the free born people of England;" and, "an Agreement of the People for a firm and present Peace upon grounds of Common Right." Resolved. The matters herein contained are destructive to the being of Parliaments, and the fundamental Government of the Kingdom. Nov. 1 1. The King having escaped from Hampton Court, the Commons make an Order (58 to 48, andOl to 50) " That tvhosoever harhoTirs the King shall be treated as a Traitor, forfeit his Estate, AND DIE WITHOUT MERCY." Nov. 12. A IMessage is received from His Majesty, " I call God and the world to witness with what patience I have endured a tedious restraint, but finding that my continued patience would not only turn to my personal ruin, but be of much more prejudice than furtherance to the public good, I a])peal to all indifferent men to judge if I have not just cause to free myself from the hands of those who change their principles with their condition, and are not ashamed openly to intend the destruction of the Nobility by taking away their Negative Voice, and with whom the Level- ling Doctrine is rather countenanced than punished. I shall earnestly and incessantly endeavour the settling of a safe and well grounded Peace wherever I am or shall be, and that, as much as may be, without the effusion of more Christian blood ; for which how many times have I pressed to be heard, and yet no ear given to me ? Can any reasonable man think, that, accord- ing to the ordinai"y course of affairs there can be a settled Peace without it, or that God will bless those who I'efuse to hear their own King ? To conclude, let me be heard with freedom, honour, and safety, and I shall instantly break through this cloud of lletirement and shew myself to be really Pater Patriiv." Nov. IG. The Officers and Soldiers petition Sir T. Fairfax to keep his Army together till they are assured of their Indemnity and Freedom. T'o this Petition is annexed, " The People's In- gagement" with " England's Freedom, Soldiers Ilights," inscribed on the back. Nov. 17' The Lords Order a Deidaration to e.rpress Dislike of, and to suppress the "Agreement of the People." Sir T. Fail-fax sends a Remonstrance, and Iveepiisition " That a time be fixed for this Parliament to determine." Nov. lo. liOttcrsarc received from the King, detained in the Isle of \V^ight by Col. Hammond. CHARLES I. 487 The Lords Order. That if any person presume to listen at any 1617. of the Doors of this House, when this House sits, the Gentleman a.r. Usiier shall take them into custody. 23 The Scots' Commissioners complain of the usage the King has met with, and press their fonner desii'e that he may come to London. Nov. 23. The Petition to the " Supreme Authority," with the "Agreement of the People," is again presented to the Commons. They Rcsolre, That it is a seditious and contemptuous Avow- ing and Prosecution of a former Petition, &c., and that the Bearer be committed to Newgate. Nov, 20. At a Conference, the Lords desire, that the Houses may not refuse to hear the King in such things as may be subjected to debate ; and they otFer tour Propositions. N'ov. 27. The Lords Order the Impeached Lords to be dis- charged on Friday, if no particular charge is brought against them. The Commons Order inquiry as to the Licensers, Authors, Printers, &c., of scandalous and seditious Pamphlets, " Mercurius Elenchicus and Pragmaticus." They agree (115 against lOG) to the Lords' Propositions, (a) December 7. ( Tuesday). liOrd Goring tenders himself. The Lords receive a Remonstrance from Sir T. Fairfax and the Council of "War. The Commons receive a Petition from the Inhabitants of i\Iid- dlesex against the intolerable bui-den and bondage of Free Quar- ter ; as also from the County of Herts. The House thanks them, and doubts not to give speedy relief. Dec. 9. A Letter from the King at Carisbi'ook Castle, again presses a Personal Treaty. Dec. 14. The Lords pass 4 Bills sent up (1) For Settling the Forces; (2) For Justifying the Proceedings of Parliament and declaring all Oaths, Declarations, Proclamations &c. &c. against it, null and void ; (3) Concerning the Adjournment of both Houses ; (4) Concerning Peers lately made and hereafter to be made. Dec. 17- The Lords pass an Ordinance to confirm all Insti- tutions and Inductions made by Order of this House. The Scots' Commissioners refuse to agree that the Bills shall be sent to the King previously to any Treaty. They again press a Personal Treaty with him at AVestminster, and desire that the Covenant may be established, (b) Dec. 18. The Scots' Commissioners are informed that the going of the Commissioners to the King cannot be delayed, and they are desired to "forbear Asj)ersions on the Houses." They " clear themselves." Dec. 24. Sir T. Fairfax sends the " Results of the General Council of the Armv." (a) Tlic Average Xumber of Peers, in the Month of November, was Eleven. The highest number of Earls present was 9, and the lowest 3, and the Barons varied from 7 to 2. Only one Viscount was ever present- Divisions in October and November, have been 53 against 19 ; 3S against 35 ■ 4!-30- 41-33 ; G8-(i0 ; 00-40 ; 50-42 ; 32-17 ; 00-44; 152-112; 43-11 ; 71 -02 ; 105-70 ' 92-59 • 93-59; 5.S-48; 01-50; 111-09; 75-07; 70-C5 ; 80-GS ; 115-100. ' (6) For this excellent I'aper of the Scots' Commissioners see Lords' Journals, ix, 591. It appears that the engagements of the Covenant were all this time' quite forgotten by the I'arliaraent. 48S CHARLES r. 1647. Dec. 25. The Commons Order inquiry as to the Author, &c., A. R. of a scandalous and lil)ellous Pamphlet, "The People and 23 Soldiers' Observations on the Scots' ]\Iessage to Parliament con- cerning the King, Nov. 5, 1G47 ;" also, " The Humble Petition of Agnes Corbett, a most distressed Widow from Ireland." Dec. 28. Sir T. Fairfax desires that Colonel llainsborough may Command the Winter Fleet. The Lords Resolve that Colonel Rainsborough shall not com- mand, &c., " as not fit for so great a Trust." The Scots' Noblemen and others, in the name of the Kingdom of Scotland, express their Dissent from the Propositions and Uills sent to his IMaJesty, in the Isle of Wight. Dec. 30. The Commons Order a "fuller Ordinance to suppress and abolish the observance of Festivals, called Holy Days, with a Penalty, &c." (c) Dec. 31. The I^ords receive a Letter fi'om the King. "His Majesty believes it is clear to all understandings that the Bills con- tain not only the divesting himself of all Sovreignty, and that without possibility of Recovery, either to Himself or his Suc- cessors, except by the Repeal of those Bills, but also making his Concessions guilty of the greatest pressure which can be laid upon the Subject, as in other particulars, so by giving an arbitrary and unlimited Power to both Houses for ever to raise and levy Forces for Sea and Land Service, of wliat Persons, (without distinction or quality), and to what numbers they please ; and likewise for the payment of them, to levy wliat Monies by such ways and means, (upon the Estates of whatso- ever Persons), they shall think fit and ajjpoint, which is utterly inconsistent with the liberty and Property of his People and his Majesty's Trust in protecting them. "His ]\Iajesty thinks it not unfit to wish his Tivo Houses to consider well the manner of their Proceeding ; tiiat when his Majesty desires a Personal Treaty with them, for the settling of a Peace, they, in Answer, Propose the subject matter of the most essential Parts thereof to be first (/ranted ; a thing which will be hardly credible to Posterity ! " His Majesty now again presses for a Personal Treaty, there being no other visible way to obtain a well grounded Peace. However, his Majesty is very much at ease within himself, having fulfilled the Offices both of a Christian and a King, and will patiently wait the pleasure of Almighty God to incline the hearts of his Two Houses to consider their King, and compas- sionate their Fellow Subjects' Miseries." () The Peers present tliis Month averaged only 9, viz., H EarU, 4 Barons, and occa- sionally one Viscount. The highest and lovvcst number of Earls and Barons was 7 and 3 and 7 and 1 . Divisions in Matf, 127-70; 98-58; 91-67; 07-79; 81-03; 51-32; leO-SU; 75-6-^; 67-lS; f)7-57; 75-59. CHARLES I. 493 June 10. Lonl iMajnarcl is allowed Privilege in a Cliancery 1&18. Suit. ■*• "• ]\Ir. Charlton, a ^Member, claims Privilege, his Doors having '^^ been broken open, and his Ward conveyed away, sitting the House. June 14-15. Writs are Ordered for the Boroughs of Fowey and Jieav.'dley. June 1(J. The Earl of Middlesex is allowed Privilege in a Suit of his jNIother against him. 'J'he p]arl of jNIulgrave's Solicitor is allowed Privilege. June 17« 'V\\e Lords reject the Commons' Votes, reciting the Declaration of the 20th May, 1U42, " That it appears the King, seduced by wicked Counsels, &c." JuiK 21. The Commanders of Ships in the lliver petition for a Personal Treaty. The Commons Order INIr. Speaker to issue warrants for break- ing open Doors where resistance is made, in apprehending De- lincjuents. June 27. The Lord ]Mayor, Aldermen and Common Council of the City of London, petition for a Personal Treaty, &c. They receive the Thanks of the Commons June 2!). Petitions are received from the Freemen, &c., of Guildford, the Borough of Beading, the IM ay or, &c., of Newcas- tle upon Tyne, the Masters of the Trinity House, for a Personal Treaty. June 30 The Lords Resolve "That the Votes of the 3rd OF JaX., 1647, FOUBIDDING ALL ADDRESSES TO BE MADE, TO OR FROM THE KiNG, SHALL BE TAKEX OFF." Also — " That the Propositions to be gi-anted by the King before a Personal Treaty be begun, shall not be insisted on." {k) July 3. {Monday.) The Commons Resolve, b}' 72 against 60, and by 80 against 72, " That three Propositions for settling Church Ciovernment, for settling the Militia, and for recalling all Proclamations and Declarations against the Parliament, shall be sent to the King, and be by him assented to, and signed with his own hand, in Order to the Treaty." July 5. The Lords adhere to their former Vote ; and think fit that London be the Place where a personal treaty shall be held with the King. The Officers of the London Militia petition that the King may come to London. July 7. The Duke of Bucks and Earls of Holland and Peter- borough send their Reasons for taking up Arms. The Commons Resolve, that they are Traitors and Bebels, and that their Estates shall be sequestered, July 8. Resolved in the Commons, " The Estates to be se- questered of all engaged in the late Kentish Insurrection." July 10. The Commons Resolve, that a printed Paper, " A iMotive to all Loj'al Subjects to endeavour the preservation of His Majesty's Person," is a malicious and scandalous Libel. Petitions are received from Lambeth, Westminster, tiie Ham- lets of the Tower, and Southwark, lor a Personal Treaty. A Beport is made as to a Revolt in the Fleet. (k) The average attendance of Peers in June was 10. The highest number of Earls was 9 and the lowest one, and of Uarons the numbers were 9 and I. One Vitcounl was present on 12 days. Divisions in the Commons ivcrc 81- jl. 494 CHARLES I. 1648. July 11. The Earl of Lyncolne protests against an Ordinance A. R. for Martial Law in Cliester. 24 July 12. " The Lords receive a Petition from Divers thousand Magistrates, JNIinisters, Citizens, &c., in and about London, for Peace, &c." The Lords and Commons heartily thank the Petitioners. July 14. The Commons Resolve, that the Forces coming out of Scotland in a hostile manner, under Duke Hamilton, without the Authority of Parliament, are Enemies to the Kingdom of England. July 15. The Commoiis Resolve, "That the three Propo- sitions BEIVG GRANTED, then the Houses of Parliament tvill treat with His Majesty in Person, on the Propositions offered at Hampton Court. July 18. The Watermen of the River Thames petition for a Personal Treaty. The Lords Negative the Commons^ Resolution as to the Scots' Forces. Some Lords protest. Jtily 20. The Lords Resolve to adhere to their "Vote, " not to insist on the three Propositions ; " notwithstanding the Reasons given b}' the Commons, at a Conference. (/) July 27. Sir John Glanville, Knight, Serjeant-at-Law, is dis- charged. July 29. It is Ordered by Lords and Commons, &c., " That a Treaty be had in the Isle of Wight with the King in Person, by a Committee appointed by both Houses, upon all the Proposi- tions pi-esented to him at Hampton Court, which Treaty is to be transacted with Honour, Freedom, and Safety to His Majes- ty." (m) August 1. (Tuesday.) Lord Howard of Escricke is allowed Privilege, being assessed for Horses. An Ordinance is made to exempt Peers. The Lords Negative a "Vote, That those who invited the Scots are Traitors. Of Eleven Peers, five enter a Protest. Col J. liylbourn is released, (m) Aug. 7. Petitions are received from the Reduced Officers and from the Common Council. Aug. 18. The Commons Negative a. Vote of the Lords, "That the Scots be invited to send some Persons to treat," and also the Question, "that the King, if he please, may invite the Scots to send some Persons." Aug. 24. The Lords Order, " That out of a desire to expedite (t) See Lords' Journals, X. 3S6, for these reasons of the Commons, which supply an admirable satyre upon their own Proceedings. (m) Divisions in July were 72-GG ; 80-72 ; 53-42; 48-3.i. The average number of Peers present was 11. Of Earls, the highest number was 9, and the lowest 4 The highest and lowest of the Barons was 8 and 2. No Viscounts attended. (n) August \. Major Robert Huntingdon gives an account of the King's, being carried from HoUlenby, "by Orders of Lieutenant- General Cromwell." He states that Oeneral Cromwell maintains openly these four principles: — (1) That every Single Man is Judge of just and right as to the good and ill of a Kingdom. (2) That the Interest of honest men is the Interest of the Kingdom, and that those only are honest men, who are conformable to his Judgment and Practice. (3) That it is lawful to pass through any forms of Government for the accomp'ishing of his ends ; and therefore cither to purge the Houses, and support the remaining Party by force everlastingly, or to put a period to them by force, is very lawful and suitable to the Interest of honest men. (4) That it is lawful to play the Knave with the Knave. CHARLES I. 495 a speedy, safe and well grounded Peace, their I^ordships recede JG48. from their former votes and concur with the Conunons." a. n. Aug. ',\\. The Commons Resolve to Impeach George, Lord 24 Goring, and Arthur, Lord Capell. "The Committee for scandalous Pamphlets" are ordered to attach the Printer of a false lying Pamphlet touching the Victory at Sea. (o) Sept. 5. {Tuesday.) The Commons Resolve, That Members who are defaulters at the next Call, shall pay £20 before they come to sit. Sept. 11. The Lorrf* desire a Conference, " Their Messengers having been detained five hours in expectation of an Answer, and having often waited three or four days together, to deliver a Message, they desire a course for preventing the like obstruction in future." Sept. 20. A Writ is Ordered for Steyning, (a Member deceased.) {p) October 2. {Monday.) The Lords' House is called. The Earl of INIanchester, Speaker, Earls Kent, JVIulgrave, Lyncolne, Not- tingham, Svitfolk, Denbigh, Ivord Viscount Hereford, Lords North, Howard, Grey, Maynard, Hunsden, Dacres, are present. Seventeen Lords are set down as absent, ten of them having Excuse. Ordered. A Call this day Se'nnight, with a Penalty of £50. Ordered. No business shall pass this House, which concerns a Peer of the Kealm, before he hath notice of it from the House. Oct. 9. The Lords' House is called. Sixteen Peers are pre- sent, viz.. The Earl of Denbigh, Speaker, Earls IVIulgrave, Suffolk, Kent, I^yncolne, Nottingham, Rutland, Lord Viscount Hereford, Lords Howard, Bruce, North, Hunsden, Maynard, Dacres, Berkley, Grey. Of Six declared Absent, four are excused. Oct. 11. Resolved in the Commons, That the Answer of the King (this day received) on the Proposition concerning the Church is not satisfactory. Oct. 21. The King having sent Four Propositions to his two Houses, the Lords Resolve to agree to them, and that they shall not be binding, if the Treaty is not concluded, but breaks off. Oct. 20. The Commons Resolving that a Second Answer of the King on the Bill and Ordinances for Abolishing Bishops, &c., is not satisfactory, the Lords offer "an Expedient," to reconcile these differences. Oct. 27. The Houses assign the particulars wherein their main dissatisfaction resteth. (1) The King doth not utterly abolish Bishops, but only suspendeth their function as to Ordi- nation for three years, &c. (2) The King's answer on the taking away the Book of Common Prayer, wherein he desires to con- tinue the use thereof for himself and his Household until another Public Form shall be agreed on by His JNIajesty and his two Houses, is unsatisfactory. (3j His Majesty's Answer con- cerning confirming by Act of Parliament the Articles of the (o) The average number of Peers present in August was 9. The highest number of Earls was 9, and the lowest 2 ; and of Barons the respective numbers were 5 and 1. One Viscount attended on eleven days. Divisions in the Commons were G5-59; 53-34; 9.5-91; 9,5-80; 39-35; 33-19. (p) In September, the Peers averaged 8. The number of Earls varied from 9 to 3, and of Barons from 5 to 1. One Viscount was present on three days. Divisions m the Commons were 50-41 ; 03-58; 33-15; 46-30; 47-20. 496 CHARLES I. A. II 24. 1(518. Christian Religion is not satisfactory. (1) The House cannot admit and consent to any exemption as to the JMass for the Queen and her Family, and his JMajesty's answer is unsatis- factory. Oct. 30. The Lords abandon their own Votes on the Proposi- tions. The Earl of Lyncolne and Lord jMaynard ])rotest. Oct. 31. The Commons Resolve, That the King's Ansvver is unsatisfactory in all the Clauses thereof, except his Consent that all Persons who have assisted the Rebellion in Ireland, shall have no Pardon (r/) I^'^ov. 8. The Commons having excepted 7 Noblemen and others, Resolve, by 100 to (!7, That no more Persons shall be pre- sented for f^xce])tion, as far as I^ife, under the General Pardon. Nov. 10. The -Lords appoint a Committee to peruse all the King's Papers, and desire the Commons to join them, that the Houses may consider wherein the King's Concessions come short of our desires. The Commons Resolve to banisli George, TiOrd Goring, Lord Ca- pell, and the Earl of Holland, Sir Henry Lingen, Henry Hastings, esq., now called liord I>oug!iborough, Major General Rowland Langhorne, and Sir .John Owen. The Question as to Lord Willoughljy of Parham, is negatived by 49 against 3.3. The Question as to Sir John Cois is also negatived. Resolved. James, Earl of Cambridge (Duke Hamilton) shall be fined £100,000, and be imprisoned till the fine is paid. N'ov. 11. A Writ is Ordered for Chippenham, (Sir. E. Plunger- ford, deceased.) Resolved. His Majesty's third answer concerning Bishops and Church (4overnment is unsatisfactory. Resolved, His Majesty's Answer, " That where really in con- science he is not satisfied, he hopes liis two Houses will not put further pressures of so tender a nature upon him, when it is most likely time and debate will happily reconcile all differences," is not satisfactory. Nov. 15. The Commons Resolve, on the King's Propositions, "That after he sliall have consented to the desires of the Two Houses, and ratified the same by Act or Acts of Parliament, his Revenues, &i'., &c., shall be secured." The Lords considering their Privileges affected by the Com- mons' vote for banishing the three Lords, send down an Ordinance of tiieir own to tlie same effect. The Comtnons reject ii, and Order an Ordinance for banishing the Lords and Commons, as formerly voted. Nov. IH. Writs are Ordered for Westlowe, Droitwich, East Redfbrd, Canterbury, Soutliton, (^INfembcrs deceased.) Nov. 20. The Commons receive a Remonstrance from His Excellency the Lord General and his General Council of Ollicers, addressed " to the Right Honourable the Conunons of England, assembled in Parliament." Nov. 24. The King's final Answer on Church (Jovcrnment is received. His IMajesty concludes his Refusal, " AViiat is a Man I'UOFiTED, if he shall gain the whole Would anu LOSE lus OWN Soul." (q) In Octobry tlic Peers averaged 10. Tlie mnnbor of Earls varied from 7 to ,3, and of Barons from ',• to 3. One Viscount attcniic:! on eiglit days. Divi.sions in Ihe-Commons were 39-37; 3-1-31; 48-27; 41-^4;; 98-'J3; 89-81; 89-87. CHARLES I. 497 The Commons Rrsoire, Tliat t!ie Farl of jirundell shall be 1618, liardoncd on a fine of .£(>0()0, hesides £TjO!)0 whicli were assigned a. n. by the late P/arl i'ov payment of his debts, and have been nmde 24 tine of /)// the Parliament. Nov. 30. On a Vote in the Lords for banishing the three Peers, Lords I\Iu!j^rave and Hiinsdon protest. " His KxcoUency the Lord General and the General Council (f Officers jn'esent a llenionstrance on the dangers and evils of the present Treaty, desirint,' among other things, " That the Person of the Kiny may he proceeded against in a due leuy of Justice. Cr) December 1. (Fridaij.) A l^etter is read from Lord ]''airfax to the Common Connc-il, " He is coming to London, and desii-es them to provide £'40,000." Dec. 4. On the Question, •' whether the Question shall be put that the King's Answers are satisfactorv," The noes are 144. yeas 93. jNIr. Prynne speaks for several hours in defence of the Kino-'s Answers, " as yrantiny rehatsoever could be iccll desired for the jjre- sen! settlement and future Security nf the Commonwealth or State; yea, far more than our Ancestors, or any subjects in the Christian World enjoyed or desired of their Kings, for their security and for preservation against their armed Power, or legal Prerogatives.'" (s) Dee. 5. The Commons Resolve, by 119 against 83, " That the Answers of the King are a ground for the House to proceed upon for the settlement of the Peace of the Kingdom." Resolved. A Committee to confer witli the General, to pre- serve a good Corresj)ondence between the Parliament and Army, Dec. 6. Report is made that divers ^lembers are forcibly staid from coniing to the House, and are carried to the Queen's Court, or Court of \Vards. Messengers from the Lord General convey " The humble Proposals and desires of His Excellc'ujy Lord Fairfax and the General Council of Otlicers, in order to a sjieedy Prosecution of Justice, &c." Dec. 7- The House informs the Lord General of the deten- tion of tiieir iVIembers, and desires tlieir discharge, (t) The Lord General refuses, " till the Resolutions of the House upon his Paper of yesterday be sent." Resolved. The House to proceed with the Propositions of tlie Army. Dec. 13. 'J'iie Commons Resolve, " That whereas (17tli Aug., 1G48) this House did concur with the Lords to revoke and take off certain Votes, this Vote of Revocation ivas highly dishonourable to the Proceedings of Parliament, and apparently destructive to the good of the Kuigdom.." Resolved, The Vote of 2;i July. 104S, " That a Treaty be had in the Isle of Wight, ivas highly dishonourable," i^c. l^t. Resolved^ " The several Votes of 10 November, concerning the (>•) In Xovoubcr the Peers present averaged 10. The number of Earlj varied from 7 to 3 ; and of Barons from 8 to 2. One Viscount attended 1.5 times. Divisions in the Commons were 82-55; 77-53; 30-39; G8-48; 49-45; 52-49; 49-33; 45-35; 7G-54; 134-3G ; 91-00; 125-58. {s) This Speech of Mr. Prynr.e is given in Cobbett's Pari. Hist. Ill, 1152-IG39. It was printed at the time, and a Fourth Edition appeared in tlie following month, January, 1G49. The i:ebate on this important Question commenced on Monday Murning, (Dec. 4) was continued throujli the whole day and following night, till 9 o'clock on the morr.- ning of Tuesday, the 5th. Mr. Piynne's Speech see.iis to have determined tlie vole of the following day. (/) The whole number of Members restrained by the .\rmy, on account of the vote of Dec. 5, was 143 ; of whom 47 were irapriiioned, and 90 " secluded." 3s 498 CHARLES I. 1648. b:inisliment of I>;)rds Goring and Capell and the Earl of Holland, A. a, are derogatory to the Justice of the Kingdom, and are hereby revoked.'''' 24 Resolved, that the Vofe of 10 November, for a fine of £100,000 on James, Earl of Cambridge he revoked, and he be left to Justice. Ordered. A Committee to consider how to avoid the Election of Maliynants, S^c. S^c. Resolved. " The Vote of August 2, to treat tvith his Majesty, rvas destructive to the Peace of the Kingdom, and is hereby repealed." Resolved. The Vote of December 5, " That the Answers of the King are a ground, c^c, is highly dishonourable to Parliament." Dec. 14. l"he Lords appoint the Earl of Denbigh, as Speaker. Ordered. The Lord General to provide a Guard lor the Houses of Parliament. The Commons Resolve, by 35 against 18, that a Committee shall be sent to the General to know upon what grounds the jMembers are restrained, &c., by the Officers and Soldiers of the Army. Dec. 15. A Solemn Protestation is brought up of the JNIem- bers of the Commons' House imprisoned and secluded on the (ith and 7th of December, declaring against any Proceedmgs adopted in that House during their Seclusion, "That all Acts, &c. &c., made since the (ith, or hereafter to be made, during their Restraint and forcible Seclusion from the House, and the continuance of the Army's force upon it, are no way obligatory, but void and null to all intents and purposes." The Lords and Commons do declare the said Printed Paper to bo false, scandalous, seditious, and tending to destroy the visible and fundamental Government of this Kingdom, and they do Order and Ordain that the said Printed Pa))er shall be suppressed, and that all Persons who have had any hand in it are adjudged incapable to bear any Office, or to sit as JMembers of either House of Parliament; and farther that every Member shall disavow and disclaim his having had any hand in it." Dec. IC An Ordinance repeals the former Order on thelNIilitia. Dec. 20. The General Answers the Commons. " He would prepare an Answer, and in the mean t'lme desires the House will not trouble themselves to send anymore to him therein.''^ Dec. 23. The Lords Order, " That all Ijords being within 20 miles, shall peremptt)rily a])pear in the House of Peers on Thurs- day, the 28lh, to attend the great Affiiirs of this Kiiigdoni, relating in an extraord'inary manner to all the Peerage of England. Present in the House, " The Earl of Denbigh, Speaker, and 4 Earls." The Commons Resolve " That a Committee shall be appointed to consider how to proceed in a Way of Justice against the King and other Capital Offenders.''' Dec. 28. The Earl of Lyncolne has Leave of absence fill the first of March. The Lords present are the Earl of Denbigh, 5 Earls, and 2 Barons. Dec. 29. The Peers present are the Earl of Denbigh, Earls of Pembroke and Kent, and I.,ord Grey, (u) 1C49. January \. (Monday) Resolved. "The and Commons A. R. in Parliament assembled do declare and adjudge, that, by the 24 fundamental Laws of the Kingdom, it is Treason in the King of (m) In Deccjnher, the Peers present averaged G. The highest and lowest number of Karls was 10 and 1, and of Barons 7 and 1. No Viscount attended. Divisions in the Commons were 133-102 ; 44-33; 13S-102; 136-102; 124-113; 144-93; 12'J-«3; 50-28; 35-18; »>-l'J. CHARLES I. 499 Kngland to levy War against the Parliament and Kinqdoni of 1619. Enj^land." a. a. This Ifesolution is sent up to the Lords, together with an 24 Ordinance " for erecting a High Court of Justice for the Tryal ot the King." Jan. 2. In the House of liOrds are present the Earl of Den- bigh, Speaker, the Earls of Northumberland, Pembroke, Mulgrave, Itutland, Kent, jNIanchester, and Lords North, Hunsdon, May- nard, Dacres and Uerkeley. On the Qiieslion, ^Miether to put off the consideration of the Commons' Vote, "That by the fundamental Laws, &c?" it is Resolved in the Neyalwe. On the Question, Whether to agree to this vote ? it is Resolved in the Negative, nemine contradicente. On the Question, "AVhether the Ordinance shall be cast out^" It is Resolved Affirmatively, nemine contradicente. The House adjourns to this day Se'nnight. Jan. 3. The Commons Order, "That the several Members of this House, and others a]ipointed by this House to act in any Ordinance, wherein the I^ords are joined, AitE hereby impoweu- ED AND ENJOINED TO SIT, ACT AND EXECUTE, ry averaged only Four. The highest and lowest num- bers of I'larls and Harons were 4 and 1, and 5 and 1. No Visconnt was present. Tlic only Divisions in the Commons are 31-18; 33-19; ift-lH. It is to be remarked, th.it.dunng this month, the name of the King is not mentioned in the .lournals of Lords or Commons, cxecpt that the latter Order, "that Dr. .luxonh.is leave to continue with the King in private, under the same restraint that the King is." COMMONWEALTH. 501 Car II. 1 THE COMMONWEALTH. Fehnum,\. {Thursday.) The Ead of Denbigh, Speaker, the ,649. Eavls of Kent; Pembroke, I^Iulgrave, Lords Grey and Howard a. k. are preseiu.^^ of Kent, Pembroke, Sarum, Denbigh, IMulgrave, Nottinnham; Lords Ctrev, Howard, IMountague are appointed a Commfttee (o join with" the House of Commons to consiaer a Se tlemeat of the Government, &c. Five Lords to be a Quorum "Mem. The Earls of Sarum and Nottmgham and Lord IMountague are named, though absent." „ , „ ^ , ..„^ Resolved in the Commons, That James, Earl of Cambridge, Henrv Karl of Holland, George, Lord Goring Arthur, Lord Capell, and Sir J. Owen, be tried in a new High Court to be erected for hearing, &c. Delinquents. , . , ^ Feb^> Keport is made to the Lords that their Messengers, sent v'esterdav, have not been admitted by the Commons. Feb 3 The Commons appoint a Committee to examine the Authors of a Book, " A Vindication of the Ministers of the GoMiel for unjust Aspersions cast upon then- former Actings for the Parliament, ^.c.;" also, to take Litormations of sudi as have preached or printed the Proceedings m brmgmg the King to .lustice,and to prepare an Ordinance to restrain public preach- ing, &c. against the Proceedings oi this Court and the High "^Feb % ' The Earl of Northumberland is added to the Com- mittee of Nine Lords, and the Meeting is desired to be To-mor- ^%eb 6 The Earl of Denbigh, Speaker, the Earls of North- umberland, Kent, Pembroke, Salisbury, Nottingham are present. The House is adjourned till To-morrow (^0 In the Commons, the Question, "Whether this House shall take advice of the House of Lords, in the exercise of the Legis- lative Power, in pursuance of the votes of the 4th Jan. last, is ripaatived. bv 44 against 29. Besolvk'The House of Peers in Parliament is useless danger- ous, and ought to be abolished, and an Act to be brought in for * ACommfttee is appointed to consider how such Persons as have been Committed bv the House of Peers alone mav be dis- charcred : How the Subjects may have liberty to proceed against the Persons or Estates of Peers and their Servants, for their just Debts and how far the Peers may be made capable to elect or be elected as Knights or Burgesses: also to make ettectual as to the Members of this House and their Servants, the Ordinance for making liable the Estates of JMembers of tnis House for pay- ment of their Debts. (X) This was the last sitting of the Lords and here ends Vol. X. of their Journals. 502 COMMONWEALTH. 1649. Feb. 7- It is Resolved, "That it hath been found by experience A. R- and this jHouse doth Declare, that the office of a King in this Car. II. Nation, and to have the power thereof in any single Person, is ' unnecessary, burdensome and dangerous to the Ijiberty, Safety and the I'ublic Interest of the People of this Nation, and there- fore ought to be abolished, and that an Act to this effect be brought in." Feb. 8. Ordered. The Clerk of this House to subscribe all Acts, &c., as Clericus Parlianienti. Feb. 9. An Act passes to repeal the Clauses in 1 Eliz., 3 Jac, touching the Oath of Allegiance. An Act passes to prevent Printing any of the Proceedings of the High Court of Justice for the Trial of the Earl of Cam- bridge, &c. Feb. 12. Ordered. The House to meet every day at Nine, and no Committee to sit after Nine. Feb. 14. "A llepresentation of divers Inhabitants of Bucks, with the grovnids of their Bondrge and Slavery," is ansicered. " This House is Itesolved to maintain the Liberty of the Subject, and to avoid and prevent whatsoever may tend' to Tyranny and Confusion." Feb. 15. Ordered. The Arms of the late King to be every where taken down, and those of England set up. Resolved, the Number of Nine of certain Persons named, shall Constitute a Council of State. On the Question, " Whether there shall be a Lord President of the Council," the Noes are 22, the Yeas IG. Feb. n. Hhe Title of an " Act of this present Parliament for constituting a Council of State for the Commonwealth of Eng- land," is agreed to. Feb. 19. A Writ is Ordered for the County of Bucks (a Mem- ber deceased). " Ijieutenant General Cromwell " reports from the " Council of State," that they did meet on Saturday Night, and that 19 subscribed the Engagement ; that the Earls ot Denbigh, Pem- broke, Salisbury, and the Lord General, " take it a great honour to be named by the House of Commons for this Service ; that Lord Grey de Warke ' was rmllingto do any Service commanded by both Houses, but this coming from only one, he desires to be e.rcused,' and that others were not satisfied to subscribe the said Engagement." Feb. 23. Resolved, This House do agi'ee to sit on oNIondays, Wednesdays, and Fridays only, in every week, (y) March 2. (Friday.) A Petition is received from the General Council of Officers under His Excellency Lord Fairfax. The House gives them hearty Thanks: March 7. The Countess of Holland and " divers other Count- esses and Ladies" attend with Petitions in favour of their Husbands, Y.url of AVarwick, Lord Goring, James, Duke of Hamilton, under name of Earl of Cambridge, Lord Capell and Sir J. Owen, condemned to die. The Question, " That further consideration be had of these Petitions," is negatived, by 38 against 2«. March 8. Ordered. INIembers of the House not to sit on any Committee in tlie JNlorning, on those days the House doth sit, as thev will answer the contrary to this House. (,j) The Divisions in February were 3G-10; 43-20; 51-26 11-29; 50-C5; 23-20; 22-16; 45-22. COMMONWEALTH. 503 Ordered, The Council of State not to sit after Nine in the 1619. IMoniiiig, on any dav the House sits. a. r. A Form of Writ tor the Election of a Knight for the County ^'"■- "• of Ilerks is agreed to. {z) ^ March 10. Ordered. The Clerk of the House, upon the rising of the House daily, to send to the Council of State such Orders of the House, as concern them. March 14. Keport is made of Persons presented to be banished and Confiscate, namely, Charles Stuart, eldest Son, and James Stuart, second Son of tlie late King, and 12 others. Resolved. All such Delinquents as have been Members of either House of Parliament, aU Judges, &c. &c. &c., to pay one full Third of their Estates. March ] 7- An Act passes "for Abolishing the Kingly Office in England, Ireland, and the Dominions thereof." A Declaration for the Satisfaction of the Kingdom, touching the late Proceedings of Parliament, is Agreed to. Resolved. The Estates of such Persons as neglect to render themselves and submit to their Compositions, to be confiscate to the use of the Commonwealth. March 19. An Act for Abolishing the House of Peers is assented to. Ordered. The Committee of Plundered Ministers to consider a Book, " The Agreement of the People called into consider- ation by the Ministers of the Province of Lancaster." March 2'A. Ordered. The Personal Estates of the late King, Queen, and Prince, to be a))praised and sold. March 27- Resolved. The Authors, &c., of a Printed Paper, " The Second Part of England's New Chains discovered " false, scandalous, reproachful, highly seditious and destructive to the present Government, to be proceeded against as guilty of High Treason. March 28. Resolved. James Earl of Onnond is guilty of High Treason in making Peace with the Ilebels of Ireland, (a) April 2. (Monday.) The Lord jNIay or of London, not having Proclaimed the Act for Abolishing the Kingly Oftice, is sent for. He answers, " His Conscience being charged as it was with several Oaths at and before entering upon his ]Mayoralty, he could not dispense with it in Proclaiming that Act, and that he hath not done it." Resolved. That he be discharged, and a New ]\Iayor elected, that he be fined £2000, and committed to the Tower. April 11. Ordered. A Prosecution by the Attorney -General, against Lieut.-Colonel Lilburne and others, touching tlie " Second Part of England's New Chains." April 12. Ordered. A Writ for Town of Carlisle, (Member deceased. ) April IG. Ordered. The Earl of Pembroke and Montgomery returned Knight of the Shire for Berks, to be admitted into the House. April IS. A Petition is received from "divers well affected Persons of London, Westminster, and Southwark. &c., in behalf of Lieut.-Col. LUburne, and others." (z) It commences, " Custodes Libertatis AngliEB, Auctoritate Parliamenti, Vice Comiti Salutem," &c. (a) Divisions of the House in March wcre31-28; 31-30; 31-27; 24-24; 28-31; 2G-20- 23-19 ; 23-16. 50i COMMONWEALTH. 1649. Resolved. "That the Petitioners have a Sharp Reprehension." A. B. April 2G. An Act passes for settling the llectoi-y or Parson- Car. ii. age House of Burford, Oxon, and some of the Glebe Land, on W. ' Lenthall, es(i., now Speaker, and his Heirs. (6) JSIay b. {Saturday.) Resolved. Edward, I^ord Howard, chosen and returned a Bui'gess or Citizen for the City of Carlisle, to be admitted upon that Election. Resolved. Neville, chosen for Retford (Notts) to be admitted. May 14. An Act passes, appointing Henry Scobell, esq., Clerk of the Parliament. May 15. Resolved. In order to the declaring of a certain lime for putting a Pei'iod to the Sitting of this Parliament, con- sideration should be had, in the first jilace, of stating the succes- sion of future Parliaments, and of regulating their Elections. May 19. An Act declaring and constituting the People of England to be a Commonwealth and l"'ree State, passes, and is ordered to be Proclaimed. May 23. An Assessment of £90,000 per INlensem is Ordered on several Counties. May 25. Ordered. ]\Ir. Sjieaker, in all Letters to Foreign States, to style himself " Speaker of the Parliament of England." May 28. An Act to enable the Committees of Parliament to administer Oaths, passes in the Negative. 3Iay 31. The House accepts an Invitation to dine with the Lord Mayor, &c., on Thanksgiving day (June 7)- (c) June 1." (Friday.) Sir Thomas Soame, an Alderman, not attending the Proclamation for Abolishing the Kingly Office, " because it was against his conscience, and contrary to many Oaths," it is Resolved, that he shall be discharged from bearing any Office, &c. June 4. Ordered. IMr. Frampton Gourdon, j\Ir. Thomas Hodges, and Mr. Ellis, to be admitted. June 6. Ordered. The Provost JMarshall, by day and by night, to suppi"ess all unlawful and disorderly JNIeetings of the People. June 8. The Question, " 'J'hat none of the JNIembers who have not sat in the House since the Election of 7th Jan., 1648, shall be hereafter admitted to sit in this House, who shall not first acknowledge and assert the just authority of the House, in makinjT the Act for erecting a Pligh Court of Justice for trying and judging the bte King," is Negatived by 27 against 22. June 11. Ordered. That in order that this House may declare a Term when they think fit to adjourn, it be referred to the Council of State to prepare and present to this House, such things as ai-e necessary and fit to be considered and passed in thisPIouse before an Adjournment. June 22. Ordered. A "VVarrant, &c., for Abingdon, Haslemere, and for the T. of I^ynne (INIembers deceased). June 24. Acts are passed against the Licentiousness of the Press and the Pulpit, in seditious and derogatory Expressions touching the Parliament. June 21. Ordered. A Warrant, &c., for the County of Brecon, (a jVIember deceased) (l ; 3'2-in; andm Jiigust. 21-18. '\t)btii'ioJ>'in'y//i6e/we-rV24.12; 20-10; andfu Oc7«6... 20-23 ; 27-18; 41-21. 608 COMMONWEALTH. 1650* King of England, That the Persons intrusted have discharged A. R. their Trust with great Courage and Fidelity, (r) Car .II. January 1. {Wednesday.') Resolved by the Parliament, Am- ^ bassadors, &c., to be admitted to Public Audience in the Par- 1651. . lianient, so often as the Parliament think fit, and that the late Lord's House be the Place. Jan. 22. An Act passes for a Seal of the Parliament of the Commonwealth of England. Jan. 31. Ordered. The Authors of Divers Books to be attached. A. R. Feb. 5. The new Council of State (41) is appointed. 3 Feb. 14. A Committee is appointed to consider of Accom- modations of Lodgings for Members of Parliament in Whitehall, and of removing all unnecessary Persons out of Whitehall. Feb. 22. Resolved, Mr. John Fry, Author of the " Accuser Shamed,' and " The Clergy in their Colours," to be disabled as a Member, and the Books to be publicly burnt. May 1. {Tuesday.) Resolved. Every Order that shall be made by any Connnittee of Parliament, shall be from henceforth signed by so many at the least of the Members, as are the Quorum. May 30. Resolved by the Parliament, that "Wednesday, the 4th of June, be set apart for Solemn Seeking the Lord. June 18. Report is made on converting Duresme College, to a College, or School, for all the Sciences of Literature. June 25. Resolved, That Lord Howard of Escreek, found guilty of Bribery, be discharged, and for ever disabled to sit in Parliament, or bear any Trust in the Commonwealth ; that he be fined £10,000, and be committed to the Tower, (s) Sept. 1. {Monday.) Resolved by the Parliament, " Whatsoever Persons have, or shall have, ' His Majesty's Declaration to all his loving Subjects,' to bring the same to be burnt by the Com- mon Hangman." Sept. 25. Resolved by the Parliament, (33 against 2C), That a Bill be brought in for setting a time certain for the sitting of this Parliament, and for calling a new one, with such fit Rules, Qualifications, Properties, and other Circumstances, as this Parliament shall think fit, and shall be for the good and safety of the Commonwealth. Oct.\']. Resolved. Sir Thomas Woodhouse and Mr. Westrow to sit in the House as Members thereof. Oct. 28. Resolved. Robert Benett, Esq., elected for Porpigan, alias Westlow, to be admitted. Nov. 12. Resolved. The Serjeant, with the Mace, to go into the Hall, to all the Members of the House, Judges or others, and require their attendance. Nov. 14. Resolved. It is now a convenient time to declare a certain time for the continuance of this Parliament, beyond which it shall not sit. (r) Divisions in November were 29-28 ; 41-22 ; 39-28 ; 44-22 ; 38-23 ; and in December, 25-15; 21-18; 27-26; 27-28; 33-13; 21-19. The ordinary Adjournments, for some time past, were from Friday to the Tuesday following (*) In Januarj/,\Gb\ the Divisions were 22-21 ; 23-20; 30-17; 33-14 ;'30-22 ; 31-27; 32-21; 2G-19: 25-24; 42-29; 45-35; 27-24; and in February, 4.3-27; 46-3+; 38-19; 28-22; 31-19. In jl/aicA, 32-14 ; 27-22; 38-18; 34-17; 2G-I9; 24-20; 19-17. In April, 23-18; 20-18; 30-12; 24-18; 26-18; 22-17; 27-18; i'8-19. In A/nv, 33-29 ; .30-22; 22-22; 36-2o; 32-26; 31-23. In June, 23-21; 37-23; 26-25; 59-24; 37-27; 26-2J; 28-27; 43-23} 31.14; 30-22; 30-19; 24-19; 24-21 ; 39-23. COMMONWEALTH. 509 Kov. \9. Resolved. In the Choice of the Council of State for 1651. the year ensuing, only 21 shall be chosen of those already Mem- a. r. bers'of tliat Council. Car.ii. Nov. 24. The Council of State is Elected. 3 Nov. 26. liesolred. No Person of any Committee of Par- liament, or of the Council of State, to be in the Chair of that Committee longer at once than one Month. Resolved. Colonel Kichard Horton to be admitted to sit. Nov. 27. Resolved. The Ordinance of Parliament against Edmund Waller, Esq., (4 Nov. 1G44) to be revoked, and he have liberty to come to England. Dec. 19. The Parliament receives the States' Ambassadors, {i) Jan. 15. Resolved. A Petition of Joseph Primatt, Leather igsg. Seller, charging Sir A. Haselrigg with oppression, &c., is a high breach of Privilege of Parliament, and to be burnt. Himself to pay £3,000 to the Commonwealth, £2,000 to Sir A. Haselrigg, anil £2,000 to the Commissioners. He is committed to the Fleet. liieut.-Col. John Lilburne who did disperse this Petition to pay £1000, and be banished. Jan. 16. Another Printed Book of Lieut-Col. Lilburne's to be burnt. Jan. 20. " The Humble Petition of many well affected Persons, &c., highly concerned in the Sentence against Lieut.-Col. Lil- burne," is read. Jan. 27. A^ Petition is received from the General Council of Officers. Feb. 4. An Act passes to make void all Titles of Honours, ^ ^ &c., given by the late King since 4th Jan., 1642. 4 Feb. 24. An Act passes, with many Exceptions, for a General Pardon and Oblivion. March 19. Resolved, An Act to incorporate Scotland into one Commonwealth with England, and that Scotland, upon this Union, shall have Power to elect JNIembers to serve in the Parlia- ment of England. .i4pril 21. Resolved, Sir John Drey den to be admitted to sit. Resolved, on Friday, to consider in what manner the House may be supplied with Members as most for the advantage of the Commonwealth. April 29. Ordered, A Committee to consider a Competent Maintenance for a godly and able Ministry, in Lieu of Tithes. Afay 11. Resolved, Mr. Gregory Clement to be discharged as a Member, for carriage offensive and scandalous to the Parliament. June 1. A Debate is held touching the Settlement of Ireland. Resolved, a Clause in the Act, declaring it is their intention not to compel any of the llecusants in this Nation to AVorship or to Divine Service contrary to their Conscience. The Yeas are 32 against 29 and 35 against 28. Resolved, This Proviso shall be added, "That it doth not extend to the allowance of the exercise of the Popish Religion in Ireland in any kind, nor to give any Colour or Countenance thereunto, nor to the least Toleration "thereof." (u) (t) Divisions in Juli/ were 32-12 ; 25.24 ; 21-20 ; 28-21 ; 26-21 ; 23-19 : 36-28 • 40-22 • 38-21 ; 37-20 ; 35-27 ; 29-14 ; 26-19 ; 31-15 ; i-T-ig. In August, 23-21 ; 28-21 ;' 31-22 • 35-13; 27-16; 27-23. In Septe?nber,H-n. In Ociofier, 29-19; 22-16. In Nove7nber 50-46; 49-7; 36-25; 39-16; i50-34 ; 44-42; 44-42. In Decenibcr, 57-30 ; 31-27. («) Divisions in Jaiiuary were 32-24; 41-13; 39-20; 32-27; 28-16; 33-14; 32-23- 37-27; 49-26; 27-18; 33-27; 37-34; 45-33. In February, IH-'IT \ 42-29; 58-39- 44-41 • 38-35; 42-40; a5-22; 33-24; 37-30; 37-31 ;'40-36; 43-29; 37-36; 32-27; 35-28 • 34-29- 42-U, 48-27; 60-12; 41-31; 41-25. In March, i6-K ; 4u-i2j 31-22; 35-21 ; 30-22'. 510 CROMWELL. 1652. July 9. Resolved, It be referred to a Committee to consider A. R. what Catiiedrals are fit to stand, and what to be pulled down. Car.ii. Aug. 21. "The Humble Petition of 1500 distressed Protest- * ants of Ireland, most of them having Families," is received. Oct. 26. Ordered. The Council of State to find out the Authors of " An Answer to the Declaration of the Imaginary Parliament of tlie Unknown Commonwealth of England." Nov. 24. Mr. Speaker Reports 122 Members Present. They elect the Council of State, {w) 1653. March 9. The House resumes a Debate on a Bill for setting ■*• J*' a certain time for the sitting of this present Parliament, and providing for future Parliaments. March 30. The Debate continues. The Qualification Clauses are adopted. March 31. Sir Thomas Walsingham, a Member, is allowed Privilege, on Arrest. April 20. The Debate still continues, and the Question is about to be put, when Oliver Cromwell starts up and vehemently reproaches the Parliament for their tyranny, ambition, oppres- sion and robbery of the Public. Sir Peter Wentworth saying, " This was the first time he had ever heard such unbecoming language given to the Parliament." Oliver Cromwell continues, "Come, come, I will put an end to your prating. You are no Parliament. I say you are no Parlia- ment. I will put an end to your sitting. Call them in, call them in." (Stamping with his foot, the Soldiers enter.) " For shame, get you gone, give place to honester men ; to those who will more faithfully discharge their Trust. You are no longer a Parliament. I tell you, you are no longer a Parliament. The Lord has done with you. He has chosen other Instruments for carrying on his Woi-k. Thou art a AVhoremaster: Thou an Adulterer: TAom art a Drunkard and a Glutton: 7'/io?« an Ex- tortioner. What shall we do with this Bauble? Here, take it away. It is you who have forced me upon this. I have sought the Lord, night and day, that he would rather slay me than ]jut me upon this work." (Commanding the Soldiers to clear the Hall, he goes out last himself, and ordering the Doors to be locked, departs the House.) (jt) CROMWELL. July A. {Monday.) Letters, under the hand and seal of the Lord General had been issued to Members, nominated by a Council of Officers, as a Legislative Assembly. Jxily 5. Mr. Rous is called to the Chair. In April, 28-22; 30-21; 40-14; 27-13; 26-13; 19-18; 21-IG; 2.3-17; 23-15; 27-17. In Jl/ffy, 25-24; 33-21 ; 31-^4; 33-22; 37-21; 39-37; 34-';2; 32-lG ; 31-21; 33-16; ' 45-22. In June, 32-29 ; 35.28 ; 2fi-16 ; 23-18 ; 34-15 ; 30-22 ; 33-31 ; 33-29 ; 35-29 ; 47-28 ; 33-28. (w) Divisions in Jw^y were, 23-16; 27-18; 39-26; 33-13; 33-18; 34-18 ; 32-22 ; 28-24 ; 27-23; 31-28; 22-17; .35-19; .30-18, 29-19; 2S-27 ; 23-20 (.r) Divisions in January (1653) were 22-17; 22-18 ; 19-17; 19-18; 28-26. In Fcbriuirv, 35-26; 28-25; 31-29; .36127; 28.23. In March, 28-26 ; 24-17 ; 30-17 ; 27-13; 19-1!); 29-10; 29-16; 19-18; 22-15; 21-17; 27-13; 22-15. In ^;jn7, 2.1- 1 2 ; 22-16. The Journal olthe Parliament terminates on Tuesday, the 19lli ol April. CROMWELL. 511 Jiesohed. Henry Scobell, Esq., is chosen and appointed Clerk ifi«ii of this House. looo. July C. Resolved, hy 65 against 46, the Title of Parliament Car n'. shall be given to this Assembly. 5 July 7. Resolved. No Person to be employed or admitted into this House, but such as this House shall first be satisfied of his real Godliness. Resolved, The Lord General to sit as a INIember of the Council of State. l{es.)lved, To the word, Parliament, shall be added, "of the Commonwealth of England." Resolved, The Person called to the Chair, shall have the Title of Speaker. J«/y8. Resolved, by 59 against 51, That Edward Birkhead Esq. be Serjeant-at-Arms to this House. July 9. The House debates on the former Instructions to the Council of State. Resolved. The number shall be 31. July 12. Resolved, The Mace shall be made use of as formerly July 21. Ordered, No Person to print or ))ublish the Acts Sr Proceedings of the Parliament, without License. J "'V ^8. Resolved. £iOO per annum is a fit and constant Salary for the Clerk of the House, out of which he is to nay all us Under Clerks, except the Assistant Clerk, and a Table of his Fees to be made. Resolved. The Clerk Assistant to have £100. The Serieant at-Arms to have £300, besides Fees. Auff. 2 "The Petition of divers well affected, &c., of the Cities ot London Westminster, South wark,&c.," is voted a most high breach ot Privilege, scandalous and seditious, and the Six who bring it in, are Committed. A ug. 5. Resolved, The High Court of Chancery to be taken away (. ^'rif: \^-. ^'a-^'f ^y ''^^ Parlimnent, A High Court of Justice tor Irial ot Uttenders against the Commonwealth ^,^"^- }^ Ordered, Mr. Davy to be Clerk Assistant to the Clerk or Parliament. Aug. 22. Resolved, Members absent without leave to attend this day fortnight to give an Account, &c. Ordered. The Council of State to examine scandalous, seditious or tumultuous 1 apers, or words in derogation of the Authority ot Parliament. •' _ Resolved. The Council of State, to revise the Acts on Treason, in reference to this present Parliament. ^''9-^^' Ordered Mv Rous to take the Chair for a IMonth. Oct. 1. General Monck, one of the Admirals at Sea, takes his Place as a JMember. Oct. 10. General Blake (ditto) takes his Place Oct. 22. Resolved, ^o Committee of Parliament, nor the Council of State, to sit after 8 o'clock in the morning, but the Members of this House to meet at 8. Oc^. 31. Resolved, Of the Council of State, 16 shall stand and lo be changed. ' ' n,,^'""/-. ^"^,,'i""'^!;e'i anfl thirteen Members are present. Ihey elect the Council of State. Resolved, hy 53 against 38, The Council named shall continue lor b Months. Dec. 12. It is moved, That the sitting of this Parliament any longer, as now constituted, will not be for the good of the 512 CROMWELL. 1653. Commonwealth, and that, therefore, it is requisite to deliver up A. R. unto the Lord General Cromwell, the Power they received from Car.u. him. ^ This INIotion is Seconded by several Members and the House rises. INIr. Speaker, with many IMembers, departs out of the House to Whitehall, where they, being the greater number of the Members, by a writing under their hands, resign unto His Excellency the said Powers, which Mr. Speaker presents accordingly, (y) 1654. September^. {Sunday.) The (Second) Parliament being sum- A. R. moned by Writ, the Members meet in the Abbey Church, 6 Westminster. At 4 o'clock, p. m., after Sermon, about .'WO resort to the Parliament House. His Highness, the Lord Protector, desires their presence in the Painted Chamber. Standing bare, he desires, that this being the Lords' Day, and not to be taken up in Ceremonies, that they will meet him at the Abbey at 9, To-morrow ; and after a Sermon, in the same Painted Chamber, (z) Sept. 4. After Service at the Abbey, the Lord Protector in a full discourse sets forth the condition of the Nation, and what more may be desired to be done for a settled establishment, " which could not be expected or ho))ed for, either from the lievellers, who would reduce all to an equality, and introduce a Party in Civils, nor from the Sectaries, who would cry down all Order and Government in Spirituals." He then desires them to repair to their House, and choose a Speaker. In the House, William Lenthall, Esq , IMaster of the Rolls, sits as Speaker. Resolved by Parliament, The Clerk to make an Entry that W. Lenthall, Master of the Rolls, was called to the Chair, as Speaker. Reaolved, The Clerk to enter that H. Scobell, Esq. was chosen to be Clerk, and Edward Birkhead, Esq., to be Serjeant attend- ing the House. Resolved, The 13th of Sept. to be kept by the Parliament as a day of Fasting and Humiliation, at St. Jlargaret's, Westminster. Sept. 5. The House is called. Of those returned, about GO are absent. A Committee of Privileges is appointed. f v) This first Parliament of the Protector bore the name of the Little Parliament. Divisions in Jultj, were 65-46; 59-51; 47-46; 68-43; 56-49; 52-48; 51-48; 54-44; 56-45; 47-4V; 51-38; 53-38; .5'i-44. In August, 43-27; 41-3J; 43-36; 43-41; 47-37; 46-38; 40-26; 57-29. In September, 29-22; 44 .iO ; 49-29; '.;9.24; 52-19; 39-25; .S7-34: 33-^3; 31-28; 38-36; 38-36; 33-33; 32-28 In October, 24-18: 41-35; 36-20; 34-16; "9.V1 ■ 31-30; 38-31 ; 37-34 ; 38-3"i ; 39-39 ; 48-2'? ; 47-'.'3 ; 44-36 ; 33-29. In ^'ovember, 53-38; 30-30; 32-30; 50-27; 43-32; 27-17; 40-22; 59-45; 58-41; 41-27; 41-35; 43-37; 47-40; 35-34; 50-41; 53-41. In Z)(?ce/«6er, 52-48 ; 56-54. (z) In relation to this Parliament and to the Parliaments of 1656 to 1("59. a work of considerable interest appeared in 1828, " A Diary of Thomas Barton, Esq., Member in the Parliaments of Oliver and Hichard Cromwell, from 1656 to 1659, now first published from the original Autograph Manuscript. With an Introduction containing an Account of the Parliament of 1654, from the Journal of (iuibon Goddard, Ilsq., M. P., also now first printed. Edited with Notes, Historical and Biographical, by John Towell Kutt. In Four Volumes, London, Henrv Colburn, 1828. The Text itself is an important addition to our Parliamentary History, and the notes, if we deduct somewhat from their authority, in respect of the political bias of their author, are valuable and interesting. From this " Cromwellian Diary," we learn, that while the Debates were conducted with little attention to form and order, a much higher degree of freedom and license was admitted, than cither in the Long Parliament properly so called, or imder the Commonwealth. In the present volume, many ICxtracts are admitted from this Diary, on Proceedings, of which the Journals supply few or very general notices. CROMWELL, 513 Resolved, No Petition against any Election to be received after 1654. 3 weeks. A. R Sept. C. The Question, that the Question be put, " That no Car.ii. Act or Ordinance declaring the Offence of Treason, doth extend ® to prejudice Freedom of Speech in Parliament," is negatived by 187 against 130. Rrsolved, The matter of Debate To-morrow shall be, Whether the House approve that the Government shall be in One Single Person and a Parliament. Sejit. 7. The Debate lasts from 8, a. m., to 7, v. M., and is adjourned. Sept. 12. The Pai-liament Doors are locked and guarded by Soldiers. The IVIembers are summoned to the Painted Chamber, where the Lord Protector comes about 10 o'clock, and addresses them for an hour and half. " He did expect and hope for better fruit and effect of our INIeeting than lie had yet tound : That having received his Office from God and from the People, he was resolved never to part with it until God and the People should take it from him : That it could not be expected when he told us we were a free Parliament, that he meant otherwise free, than as it should act under that Government : That he was unwilling to break Privileges; but Necessity had no Law : That he had ordered the Parliament Doors to be locked, and had ap- pointed an Officer to take Subscriptions to a llecognition of his Authority, which being done, he might give us an Entrance." {a) Sept. 18. Resolved. All Persons returned, before admission, shall subscribe the Kecognition. Sept. 2 1 . Resolved, on a double P^lection for the Borough of Great Yarmouth, that the Commonalty is the Common Council assembled, and that the Election by the Bailiff, Aldermen, Burgesses, and Commonalty in Common Council assembled, according to their Ancient Custom, is a good Election. SejH. 22. Resolved, a Committee to consider the Abuses in Printing, and to stoj) the Printing of Diurnals and Neivs Books. Sept. 27. Petitions against the Elections for three Counties of Ireland, are refei'red to the Committee of Privileges. October 5. Resolved. The Committee to proceed uj)on Elections in Ireland, as they do for Elections in England, and according to the course of Parliament. Sir Robert Pye is allowed Privilege, on an Arrest. It is agreed that the Privilege of Parliament does begin from the very day of Election. Therefore he is to have forty days' preparation to come up, and forty days after the Parliament for his Return. Oct. 10. Resolved. A Committee to consider and review all Ordinances made by the Lord Protector and his Council, before the Parliament was called, and not already under consideration of the House, for their continuance or repeal. (a) Clarendon XV. 646-7, tells us of this Parliament, "Writs were not sent to all the little Boroughs throughout England, which used tosend Burgesses, by which somesingle Counties send more Members to the I'arliament than six other Counties. He thought he took a more eiiual way by appointing more Knights for every Shire to be chosen, and fewer Burgesses, whereby the number of the whole was much lessened. Such Per- sons were for the most part chosen and returned as were believed to be the best affected to the present Government, there being strict orders given, 'That no Person who had ever been against the Parliament during the time of the Civil War, or the Sons of any such Persons, should be capal)le of being chosen to sit in that Parliament," nor were any such Persons made choice of." Cromwell and his Otticers nominated 122 for the Counties and- Cities of England, 6 for Wales, 5 for Scotland, an;i li for Ireland, who, with Cromwell, Lambert, Harristin, Disbrowe, and Tonilinson made H4. Diary, note II. G7. 3u 6 614 OROMWELL. 1054. Resolved. Ralph Darnell Esq. to be Clerk Assistant, (b) A. R. Nov. 11. Resolved, "That all Bills agi-eed to by the Parliament Car. II. shall be presented to the Single Person for his consent; and, in case he shall not give his consent thereunto within 20 days after they shall be presented to him, or give satisfaction to the Parliament, within the time limited, that then such Bills shall pass into and become I^aws, although he shall not give his con- sent thereunto. Provided such Bills contain nothing in them contrary to such matters wherein the said Single Person and the Parliament shall think fit to declare a negative to be in the said Single Person." Nov. 13. On the Form of Writ, it is Resolved, " That Avhere- as the Sheriff was incapable of being chosen in any Place, he may be chosen any where but as a Knight for his own County. In any other County, he may be chosen Knight ; a Burgess in his own County." Nov. 14. Resolved, " That if any Bill be tendered to alter the foundation and constitution of the Government of this Com- monwealth from a Single Person and Parliament, to such Bill the Single Person shall have a Negative." Nov. 15. Resolved. That the House sit Forenoon and After- noon, on Mondays, Wednesdays and Fridays, till further Order. Nov. 23. Resolved. That the Law shall not be altered, sus- pended, abrogated or repealed, nor any new Law made, nor any Tax charge or Imposition laid upon the People, but by common consent of the People assembled in Parliament. Nov. 24. The House considers the Articles relating to the calling of future Parliaments, and adopts Resolutions, (c) (i) Orf. 23 On a Debate whether the Election of a successor shall be in the Par- liament or in the Council, it is argued against the Parliament." That in future times when all Parties are restored to freedom of elections, it may so happen that we may have a Cavalier Parliament, which may possibly endanger the bringing in again of Charles Stuart and his Family. To prevent which, and to provide that Elections BE WELL regulated, IT WILL BE NECESSARY TO KEEP UP A CONSTANT AND CONSIDERA- BLE ARMY, which will prove as considerable a Charge. If an Army must be kept up, there will be as great a fear that the Army will, if not engross, yet alwav over- SWAY and OVERAWE THE ELECTION. Parliaments are ever apt to be factious, and factions in Parliament are seldom but destructive wars ; not so Councils, because they may be reconciled again by a Parliament." Diary I. 5G. The arguments employed in this Deljate powerfully illustrate the fact, that experience itself may be of no value, where the judgment is obscured by the perverse spirit of Party, and where there is an absence of correct moral principle. CcJ Noi;^4, IGSl. This Day the house took into consideration those articles of the Government which relate to the calling of future Parliaments, an.1 resolved upon the question: — (1st.) That a Parliament be summoned, to meet and sit at Westminster, the 3rd Mondav of October, IGfiU. ('indly.) That a Parliament shall be summoned, to meet and sit at Westminster, the 3rd Monday in October, 165G, and so likewise on the 3id Monday of October, in every 3rd year successively. (Srdly.) That neither this present Parliament, nor the Parliament which shall be summoned to meet on the 3rd Monday of October, 1G5C, nor the Parliament to be summoned to meet on the 3rd Mon- day of October, lf)59, nor any succeeding Triennial Parliament, shall, during the time of six months, to be accounted from the day of their first meeting, be adjourned, pro- rogued, or dissolved, without their own consent. (4thly.) That neither this present Parliament, nor the Parliament which shall be summoned to meet on the 3rd Monday of October, 165G, nor the Parliament that shall be summoned to meet on the 3rd Monday of October, lGo9, nor any successive Triennial Parliament shall have power to continue to sit above six months, without the Lord Protector's consent, to be by act of Parliament ; in which act there shall be a limited time for their sitting, not exceeding three months. (5thly.) That the Lord Protector, with the advice of the major ji.irt of the Council, shall, at any other time than is before expressed, when the necessity of the State shall reciuire it, summon a Parliament, in a manner hereby expressed, wliich shall not be adjourned, prorogued, or dissolved, without their own consent, during the first 3 months of their sitting, nor shall have power to continue to sit beyond that time, without the consent of the Lord Protector, to be by act of Parliament, in which act there shall be a limited time for their sitting, not exceeding one month, provided, that such Parliament shall end and be determined before the summoning iuch Piu-liaments CROMWELL. 515 Nov. 30. liesolved, "That the Persons chosen and assembled 1G54-. in manner aforesaid, or any Sixty of them shall be, and shall be *• ^' deemed, the rarliament of Enj^land, Scotland and Ireland." Car.: 6 as are before hereby appointed, ((itlily.) That the Summons to Parliament shall be by writ, under the Great Seal of England, directed to the sheriffs and other oflicers, according to Laws of the several and respective Counties and Places. (7thly.) They voted the form of the writ of summons, in which was some variation from the old form. (8thly.) That, in case the Lord Protector shall not, before the 1st day of July, UJoG, give warrants for issuing Writs of Summons, for a Parliament to meet the 3rd Monday, in October, lf)5(); and before the 1st day of July, UJb'J, give warrant for issuing Writs of Summons for a Parliament to meet on the 3rd Monday in October, 1659; and before the 1st day of July, in every 3rd year after that time, give warrant for issuing Writs of Summons for a Parliament to meet on the third Monday in October in every third year successively ; that, then, the Chancellor, Keeper, or Commissioners of the Great Seal, for the time being, shall without any warrantor direction, within seven Days after the respective times aforesaid, seal, issue, and send abroad, writs of Summons, to the several and respective Sheriffs of England, Scotland, and Ireland, forsunimoning the Parliament to meet at Westminster, the 3rd Monday in October, irt'/j ; and for other Parliaments to meet at Westminster on the third Monday in October in every third year successively. That at the day and place of Elections, the Sherifl'of each County, and the Mayors, Sheritl's, Bailitfs, and other head officer and officers, within their Cities, Towns, Boroughs, and Places respectively, shall take view of the said Elections, and shall make return into the Chancery, within twenty days after the said Elections, of the Persons elected by the greater number of Electors, under the hands and seals of twelve or more of the said Electors, on behalf of himself on the one part, and on the behalf of the Electors on the other part ; wherein shall be contained, that the Persons elected shall not have power to alter the Government from one single Person and a Parliament. That the Sheriff who shall wittingly or willingly make any false return, or wittingly or willingly neglect his duty in execution of the premises, shall incur the penalty of £200 of lawful English money. And that every Mayor, Sheriff, Bailiff, or other head officer of any City, Town, Borough, or place aforesaid, who shall wittingly or willingly make any false return, or wittingly or willingly neglect his duty, in execution of the premises, shall incur the penalty of .fiiOO of lawful English money ; the one moiety of all and every the penalties aforesaid, to go to the Lord Protector, and the other moiety to such party grieved, as shall sue for the same, in any of the Courts of Record at West- minster, which suit shall not be commenced untill the Parliament hath adjudged the same to be such offence as aforesaid. Kesolved, that the Persons who shall be elected to serve in Parliament shall be such, and none other such, as are persons of known integrity, fearing God, and of good con- science, and being of the age of twenty-one years; and not such as are disabled by the act of the 17th of King Charles, intituled, " An Act for disenabling all persons in holy orders to exercise any temporal jurisdiction or authority ;" nor such as are public mi- nisters, or public preachers of the Gospel ; nor such as are guilty of any the offences men- tioned in an Act of Parliament, bearing date Aug. 9, ItiJO, intituled, 'An Act against several Atheistical, blasphemous, and execrable opinions, derogatory to the honour of God, and destructive of human society ;' nor common scoffer, nor reviler of religion, or of any Person or Persons for professing thereof ; no person that hath married, or shall marry a wife of the Popish religion ; or hath trained, or shall train up his child or chil- dren, or any other child or children, under his tuition or government, in the Popish religion ; or that shall permit or sufior such child or children to be trained up in the same religion ; no person that shall deny the Scripture to be the Wonl of God, or the Sacraments, Prayers, Blagistracy, Ministry, to be the ordinances of God ; no common profanerof the Lord's Day, nor profane swearer or curser ; no drunkard, or haunter of Taverns, Ale-houses, or Brothel-houses ; none that shall hereafter drink healths, or be guilty of adultery, fornication, or extortion, perjury, forgery, or bribery." For the incapacities of the Electors it was Resolved, that all and every Person and Persons, who do or shall profess the Popish religion in Ireland, or who have advised, assisted, or abetted, in the rebellion of Ireland, before Sept. 1, 1G43, shall during their lives, be disabled, and be incapable of being elected, or to give any vote in the election of any member to serve in any Parliament. .■Vnd likewise, that all and every Person, who have advised, voluntarily assisted or abetted, in the rebellion of Ireland, since Sept. 1,1643, or have at any tiriie advised, voluntarily assisted or abetted the war in England or Scotland against the Parliament, shall during their lives, be disabled and incapable to be elected, or to give any vote in the election of any Member to serve in any Parliament ; provided that this extend not to disable or make incapable such Persons constantly professing the Protestant Religion, who before Dec. 25, 16-19, did submit, and have ever since continued faithful to the Parliament, and given signal testimony of their good affection thereunto. That all Votes and Elections given or made contrary, or not according to these qua- lifications, shall be null and void ; (but the penalty or forfeiture was wholly omitted.) That all and every Person and Persons, not within the aforesaid exceptions, being resident for the space of three months or more, before the time of Election of Members to Parhament, in such County where Election is to be made, having an Estate in Free- hold, to the yearly value of forty shillings, within any County, Riding, Limit, or Place ; or having an Estate, Real or Personal, to the full and clear value of .£'2iAi, to be declared upon Oath, by such Person or Persons, if required ; and which said Oath, the Sheriffs or their 516 CU03IWELL. 1654. December 2. (Saturday.) Resolved. Such INIembers as are, or A.R. shall be returned upon Writs for new Elections, issuing by Car. II. Warrant from the Parliament, under the hand of Mr. Speaker, 6 shall be returned and admitted into the House, without any other approbation than that of the Parliament ; and the Clerk of the Commonwealth shall certify such INIembers accordingly, to the Clerk of the Parliament. Resolved. The Persons who shall be of the Council shall be such as shall be nominated by the Lord Protector, and approved by Parliament. Dec. 5. That no Person shall continue to be of the Council of 21, longer than 40 days after the meeting of each succeeding Parliament, without a new approbation by the Parliament. Dec. 6. Resolved, That Titles of honour shall be derived from the Lord Protector, but none shall be hereditary, without consent of Parliament. Resolved, That the Persons to be chosen within England and Wales and the Town of Berwick-upon-Tweed, to sit and serve in Parliament, shall be and not exceed the number of 400. The number for Scotland shall be 30, and the like number for Ire- land. Resolved, The House agi-ees with the distribution brought in by the Committee, of Members for the respective Counties and Places, (d) Dec. 15. Resolved, immediately after the death of every I>ord Protector, if a Parliament be not then sitting, or not then already summoned, a Parliament shall be summoned to meet forthwith. 1655, January \Q. {Wednesday.} On Question, Whether a Confer- ence shall be had with the liord Protector, concerning the Bill for settling the Government, before it be Ingi'ossed, the Yeas are 95, the Noes 107. Jan. 22. His Highness the Lord Protector being in the Painted Chamber, and the Parliament, with their Speaker, by his Command, attending him there, he thus conchuies a long address: "I think it my duty to tell you, that it is not for the profit of the^e nations, nor for common and public good, for you to continue here any longer, and therefore I do declare unto you, that I do dissolve this Parliament J''' (e) Deputies are liere empowered to give ; shall be capable to give his or her Vote, for the Election of Members for such County, Kiding, Limit, or Place, where such Land or Estate doth lie. Provided this extend not to alter any ancient Customs, Charters, or Privilepes. of any Cities, Boroughs, Towns, or Corporations, who have hereby right to elect Members to Parliament, but the same continue as formerly. But here was a vote that such .£200 men, as had vote in Boroughs, and had Freehold Lands to the amount of forty shillings in the said Boroughs only, and not within the body of the County, should not, cither for their £M\ or for such Freehold only, have voices for clioosing of Knights in the County, unless they h,-id Freehold also in the County to the value of forty shillings, and out of the Precincts of the said Borough. (rf) The distribution of Members to the several Counties and Places, for the most part agreed with the Instrument, saving as to Quccnborough. It gave Cornwall eight Mem- bers, Launceston one, Truro one, Penryn one, Eastlow and Westlow one. See Pari. Hist. XX. 250-252. Introduction to Burton's Diarv, Lcxi. The only Divisions in *7)ord Commissioner Lisle, Sir Thomas Widdrington, Knight, Serjeant-at-I^aw, a Commissioner of His Highness's Treasury, is chosen Speaker. Sept. 18. Ordered, The House to rise at 12 o'clock, daily. Ordered, llalph Darnall is approved as Clerk Assistant. Sej)t. 19. Tlie Deputy to the Clerk of the Commonwealth in Parliament attends with the lleturns, according to an Order. The Indentuies are read. Inquiry being made why many IVIembers chosen are not returned to the Parliament, the Deputy Clerk answers, "Because they are not approved, and have re- ceived no Certificate of approliation." The Clerk, himself attending, states, that he received an Order from His Highness's Council, that he should deliver Tickets to such Persons only as should be certified to him from the Council. Sept. 20. liesolmd. This House doth desire the Council to give their Reasons why those Members returned are not approved and admitted into the House. Sept. 22. The Council Report, That according to a Clause in the Act of Government, the Council in pursuance of their duty and trust, have exainined Returns, and have not refused to ap])rove any who have appeared to them Persons of integrity to the Ciovernment, fearing God and of good Conversation, and those that are not approved. His Highness hath given orders that they do not come into the House. Resolved, That the Persons returned from the several Counties, &c., and have not been approved, be referred to make their appli- cation to the Council for an Approbation. {(/) Sept. 23. Resolved. No Private Petition to be printed before the same has been read in the House. Sej)t. 2(j. An Act passes, neni. con., for Renouncing and Dis- annulling the pretended 'J'itle of " Charles Steward." Sept. 29. Ordered. Post I^etters to the Members to be (f) See his Speech, for the first time printed in Rutt's Diary of Thomas Burton, In- trod. cxiviii. to clxxix. Speaking of the Revenue during the Long Parliament, the Protector says, " They had £1 -20,000 a month. Iheyhadthe King's, Queen's, Prince's, Bisliops' Lands, all Delinquents' Estates, and the Dean and Chapter Lands, a very rich Treasure. We had no benefit of these Estates at all considerable, I do not think the fiftieth part of what they had ; and 1 tell you, you are not so much m debt, by some hundreds of thousands." No Persons were allowed to sit who did not first subscribe an engagement, " That they would act nothing prejudicial to the Government as established undera Protector." •' Many," says Clarendon XV. 077, " utterly refused, but the major part submitted." The Parliament consists of 375 English, 21 Welsh, 29 Scotch, and 31 Irish Members: total 459. (g) Ninety-three excluded Members signed a Remonstrance, and were ultimately re- admitted. Double Returns occur much more frequently than in former rarliaments. 518 CROMWELL. J6i)6. brought to the Door of the House, and free from Postage, as A. R. formerly. Car.ii. Ordered. The Ijetters of INIembers to the several parts of 8 England, Scotland and Ireland, to be also free from Postage. October 1. {Wednesday.) Resolved. A Copy to be made of every Bill which passes, to be carefully examined by the Clerk of the House with the original, and signed by him ; and Mr. Speaker with the whole House to attend His Highness ; when Mr. Speaker, in the name of the House, shall present the Bills for Consent, and the Clerk of Parliament shall read the Titling, and if the Lord Protector require it, the Clerk shall read the Bill, and then the Speaker shall deliver the Copy. Resolved. "When the Lord Protector passes a Bill, the Form shall be, " The I^ord Protector doth consent." In case the Lord Protector shall not consent in 20 days, a Bill is to become a I^aw. Oct. C. Resolved. The Serjeant-at-Arms, or his Deputies, shall attend the several Committees, and the Persons who have Custody of their llooms, shall permit them. Oct. 14. Various Resolutions are adopted as to the Passing of Bills. Oct. 20. Resolved. The House agrees with the Committee of Privileges on the case of the Town and Borough of Lynne, That before 1(540, the Bui-gesses and Inhabitants of the said Town had not voices in the Election of Burgesses for Parlia- ment, and that the Election by the Mayor, Aldermen, and Com- mon Council is good. Ordered. A Book, " Thunder from the Throne of God against the Temple of Idols " is referred to a Committee, and to sup- press Private Presses, to regulate Presses, and suppress and prevent scandalous Books and Pamphlets. Oct. 23. Ordered. A Warrant, &c., for the Shires of Elgin and Nerne, the Writ not having been executed, by reason it came too late into those remote Countries. Oct. 25. A Surveyor is ajjpointed to view the Boom over head, and to secure the Records there. Nov. 21. Resolved. No Members to remain in the Committee Chambers, during Prayers Nov. 25. Resolved. A Grand Committee on the Bill for uniting Ireland into one Commonwealth with England. Nov. 27. An Act (the first of the Session) passes. That His Highness's assent to the passing of Bills now tendered, shall not determine this Session of Parliament. Mr. Speaker, with the whole House, the Clerk with the Bills in his Hand, and the Serjeant witii his Mace, attend the Lord Protector in the Painted Chamber, His Highness gives his Consent to Five Public and to Six Private Bills. Dec. 30. Resolved. A Salary of £200 per annum to be settled on Ralph Darnall, Clerk Assistant. Dec. 31. The House is called. Resolved. Such as have this dav made default, and shall not appear on this day fortnight, shaU be fined £20. (A) (h) With Wednesday, Dec. 3, 1G5G, commences the Parliamentary Diary of Thomas Burton, Esq. (seep. 1G6.) , „ . Divisions in September Micrc 115-80; ISS-'JO; 101-fi5; 07-90; 107-78. In Octobrr, 8fi-77; 117-59. In Novcjnber, 6;^-62; 89-47; 152-.')!; 37-37 ; 7S-.'ii.'; i5-4.'>; 108-68; Il'2-70. In December, 98-70; 71-7J; 77-44; 87-84; 108-G5; 96-82 ; 107-85; 108-7+; 9I.'J(); 8G-G3; 88-63; 113-69; 89-83. CROMWELL. 519 January 8. (Thursdn?/.) licsolved, That the House do meet 1057. To-morrow for observation of the Fast, notwithstanding Mr. *• •*• Speaker's absence. Car.ii. Jan. 14. The Grand Committee sits upon the Bill for uniting ^ Scotland into a Commonwealth with England. Jan. 19. Resolved. The House to wait upon His Highness to congratulate him upon his deliverance from the wicked design against his life. Air. Ashe the Elder. " T would have something else added, which in my opinion, would tend very much to the preservation of himself ana us, and to the quieting of all the designs of our enemies; that His Highness would be pleased to take uj)on him the Government according to the Ancient Constitution. Both the Liberties and Peace, and the Preservation and Privilege of JJis Highness would be founded upon an old and sure foundation.^'' Mr. Robinson. I understand not what that gentleman's motion means who talks of an Old Constitution. The Old Con- stitution is Charles Stuart's interest. I hope we are not calling him in again. This gentleman would have His Highness to be Charles Stuart's Vice-Roy, or some such thing. Air. Downing. "Those Governments are best Avhich are upon proof, and long experience of our ancestors ; not such as are only in notion ; such whereby the People may understand their Liberty and the I^ord Protector his Privilege. I cannot propound a better expedient for the preservatiori both of His Highness and the People, than by establishing the Government upon the old and tried found- ation." Air. Highland. Are you now going to set up kingly govern- ment, which, for these thousand ^-^ears, has persecuted the People of God ? Do you expect a better consequence ? What a crime is it to offer such a motion as this. The gentleman that moved this was one of those that was for pulling down what he would now set up. (i) Resolved. A Bill, " for better payment of Tithes and other dues and duties to Parsonages and Vicarages." Cases of PriTilege are ( Oci. 23) on an Arrest ; ( T^ov. 25 and 28) on a Subpoena ; ( Dec. 2) on a Writ. In the Debate of Dec. 17, the Lord Chief Justice lays down some points of Law and Practice upon the Judicature of the Houses. He says (whatever might be the case in the Commons) " The House of Lords would never proceed in a judicial way but ac- cording to Law. 1 never knew them do otherwise." Burton's Diary, I. 1G3. See also Debate, Dec. 26, on the Judicatory Power of the Commons, p. 244, 258, 271, 279, &c. Dec. 20. On a Petition in favour of Liberty of Conscience (in the case of James Nayler) Major- General Shippen says, " Unless to check the Petitioners, I know not why you admit a debate. 1 via.s always of opinion in the Long Parliament the more liberty the greater mischief." Dec. 30. Mr. Ilobinson says, " What is above the Jurisdiction of a Parliament ? Will you refer it to a Multitude ? 7 would not have a People know their own strength. I would not have it put upon a Parliament to own their strength." On Jan. 2 and 12, Mr. Burton is noticed for taking Notes of Proceedings, as expressly against the orders of the House. He says, •' Mr. Davy took notes all the Long Parlia- ment, and Sir Symond D'Ewes wrote gre.it volumes, as well his own Speeches as other mens when he was prerenled in speaking." Mr. Burton is, however, allowed to proceed. See also Diary I. 2!)(J-341. (0 So Whitelock relates, Mem. 700, May 1, 1660. " When the Letter of Charles Stuart was read in the Convention Parliament, this Speaker, Mr. Luke Robinson, formerly a fierce man against the King, did now first magnify his Grace and Goodness." This was the first hint of the Project for making Cromwell King. In previous Debates, much had been said of the actions of the Long Parliametit as not to be imitated in all things ; of the Powers of Parliament being very great, but not to be carried beyond justice ; of not altering the Land Marks of our Fathers, &c. itc. See Burton passim. On Jan. 7, were present " 220 at least, besides Tobacconists." Diary L 320 520 CROMWELL. 1657. Jan. 27. liesolved, In respect of IVIr. Speaker's indisposition, the Lord Commissioner Wliitlocic do take tlie Chair. Jan. 28. Ordered. The Serjeant with his jVIace to go into Westminster Hall and require the attendance of Members. j^. R. Feb. 1(5. The Speaker returns to the House, and by command Car.ii. thanks I^ord Commissioner Whitlock for his readiness, &c. during 9 the absence of the Speaker. His Highness invites all the INIembers to dine on Fridav, the day of Public Thanksgiving, in the Banquetting House, White- hall. Feb. 23. Sir Christopher Pack, Alderman, Member for Lon- don, presents a Paper, "The Humble Address and llemonstrance of the Knights, Citizens and Burgesses now assembled in the Parliament of the Conmionwealth." The Question, that it be read, is carried by 144 against 54. It proposes, inter alia, to make Cromwell King, " as the best known and most agreeable kind of Government to the English People." March 3. {Tuesday.) The Remonstrance is much debated. Resolved. The words, " That your Highness will be pleased during your life time to appoint and declare the Person who shall immediately after your death, succeed you in the_ govern- ment of these Nations," shall be part of the llemonstrance. March 5. Resolved. That these words, "That your Highness will, for the future, be pleased to call Parliaments, consisting of Two Hovses, in such manner and way as shall be more particularly afterwards agreed and declared in this llemonstrance, once in three years at farthest, or oftener, as the atfairs of the Nation shall require, that being your Great Council, and in whose aifect- ion and advice, yourself and this People will be most safe and happy ;" shall be a part of this llemonstrance. March 11. Resolved, That these words, "That your Highness will consent that none be called to sit and vote in the other House, but such as are not disabled, but qualified according to the Qualifications mentioned in the former Article, and that they exceed not 70, nor be under the number of 40," be part of this llemonstrance. Resolved. The Quorum to be twenty-one. Resolved, That the Jjord Protector be pleased to nominate the Persons to sit in the other House, and that the Persons so nominated be approved of by this House nem. con. March 12. Resolved, That the votes of the Persons to be of the other House, sliall not be by Proxies. March 17. The House debates on the Judicial Powers of the other House. March 23. Resolved, That 41 Commissioners be appointed by Act of Parliament, who, or any 15, or more of them, shall be authorized to examine and try, whether the INIembers to be elected for the House of Commons, in future Parliaments, be capable to sit, according to the qualifications mentioned in this Remonstrance; and in case they find tliem not qualified accord- ingly, then to sus))end them from sitting, until the House of Commons shall, upon hearing of their particular cases, admit them to sit, &c. Muf/ 25. Resolved, by 123 against 62, that this Clause, "that your Highness will be pleased to assume the name, style, title, dignity and office of King of England, Scotland and Ireland, &c., and to exercise the same, according to the Laws of these Nations," be part of the Remonstrance. CROMWELL. 521 March 20. Resolved, That this Clause, "tliat your Highness 1657. will l)e pleased to consent that nothing in this Petition and advice •*• «• contained, nor your Highness's assent thereto, shall be construed Car.ir. to extend to tiie dissolving of this present rurliament, but that ^ the same shall continue and remain until such time as your Highness shall think fit to dissolve the same," shall be part, &c. Afftrch 'M. The Humble Petition and Advice is presented in the Hanquetting House, AVliitehalL {/c) April 4. (Salurdni/.) Koport is made from the Committee a])pointed to attend His Highness, yesterday, of his Answer, " That he was not able according to his Duty to God and to them, to undertake this charge luider that Title of King." Rcsoh'ed, by Tii to Go, This House doth adhere to their Humble Petition and Advice. April 23. Resolved, th:it illOOO be imposed as a Fine upon all Persons that sit in the House of Commons, being disabled bv, or not (pialified according to, the Qualification in the Petition and Advice, and that they be imprisoned until such Fine be paid. Ma?/ fi. {Friday.) The House considers Cases of Privilege on Subpoenas and Outlawries. Mdij 12. Report is made of his Highness's final answer, " Tliat he cannot undertake the Government with the Title of King." May 19. liesolved, by 53 against 50, That I^ord Protector shall be the Title, &c. May 26. " The first day upon the new footing of the Constitution.^'' Mr, Speaker. " I move, that for the gravity of the House, you, being as a Court of Justice, would not talk to one another, nor move out of your Seats, nor stay in the Gallery, in regard the House is thin." Col. Shapcott moves that the Committee may have power to examine upon Oath. Mr. Speaker bids take heed of that. May 27. Mr. Godfrey. " Thei'e are no Laws and Statutes of the Land for the continuance of Parliament, now in force, but the Triennial 13ill, which gives only fifty days. I move that Triennial Parliaments may continue lor six months, and other Parliaments for three months." May 29. Mr. Bampfield observing the Speaker speaking to the Clei-k, moves that it was usual with him to do so, while men were speaking, but it was against the Orders of the House. Mr. Speaker excuses himself, but could not come off" ver}' well. " He only spoke to be infonned about the Order of Proceedings." Mr. Speaker informs the House, that when a Bill is Ingrossed, it is proper to otTer a Kider, and moves " That a Note may be entered that it be not drawn into a Precedent to refer a Bill of Assessments to a Private Committee, but in respect of the pressure of affairs. June 1. (Monday.) The Bill for Tithes is read. Lord Whitlock. I except against the Clause as to Ministers or their Agents entering into Men's Houses. This was more than was granted in the time of Pojjery. Never any man heard of a distress for Tithes. Sir IV. Strickland. I fear there is a design in bringing that disgrace and reproach upon Tithes, to bring a disgrace upon the (k) See the Speaker's Speech and that of the Lord Protector at full length, printed, probably, for the first time, from an unpublished MSS. at the British Museumj in Rutfs Diary ofThomas Burton, Esq , Vol. \ p. 397, Sec, 3x 522 CROMWELL. 1657. Gospel. Some men will leap over hedge and ditch, the whole A. R. Decalogue, and wholly scruple at Tithes. They make no scruple Car.ii. at all to detain thou. If there be a law for a little severity in that kind, there is need of it. The same levelUnii principle will 1(11/ icaste Properties, and deny Rents, upon the same principle as they do Tithes. June 8. The House having waited half an hour for the INIinister, and none coming, the Speaker was going to proceed without Pi'ayei". Mr. Jiam'pjicld. This is the first Precedent that ever the House went to business without Prayer. The House staid awhile, but at length proceeded without Prayer. In a Debate, Mr. Recorder says, " It is the fu'st time that ever I heard a question put u])on a Proviso, till it was first read. The House is not possessed of it. Of sixty Provisos tendered to the Act of Oblivion, all were read the first time." Mr. Speaker, the Clerk, and others, say, " That the Practice is often the contrary." June 9. His Highness gives his Consent to 38 Bills, and, on a 39th, " will advise." June 10. Mr. West, on a Debate concerning Assessing Ireland, says, I have read of Filia devoravit Matrem. I wish it may not be so in Ireland. Col. Sydenham. It has been our misfortune to have conquered nations lie still upon our Charge. If Rome had done so with her Colonies, she had not profited by her Conquests. It is hard we should bear always the burden. They pay nothing to High- ways, which we are charged with. (/) June 12. A " Petition of tlie Slembers who serve for Ireland in this present Parliament," is read. Major-General Whalley. It is the first Precedent of a Petition signed by any Alember of Parliament. They have liberty here to speak for themselves. Mr. Bond and Sir Richard Onsloxv. It was never known that any Members petitioned us, but when we sent them to the Tower. IMany others speak against the Precedent, and "the example of it being disliked generally, the Petition is withdrawn by con- sent of the House." June 13. Mr. Speaker acquaints the House, that at some hands or others, there is a high breach of Privilege, by talking u'hat things pass in this House. Persons should be careful liere- after of the least breach of this Privilege. June 20. A Letter from His Highness proposes that the Adjournment be deferred until Wednesday, (24th) in regard of business unfinished. It is moved, that, in the mean time, all IVIembers be enjoined to attend, under Penalties of from £20 to i'lOO. Others move that no Penalty be set, but if any went obstinately away, they should have £'500 Penalty. Lord Whitlock. I doubt, unless you put a Penalty, you will liardly have so full a House as the necessity of business requires. Resolved, that the INIenibers do attend till Friday morning, under the Penalty of £50. (I) Sec much valuable information on the stale of Ireland in tliis Debate, I. 210 Also see the Orst occurrence of the word "Tories," who are divided into Public and Private. Moss troopers in Scotland and Tories iu Ireland are considered the same. See " Bill fur the Borders," 282. CROMWELL. 623 June 24. "An Oath for Members of I'arliament " passes by 1657. G3 against 55. ' a. k. Resolved. That a Form of a Summons be adopted for Members Car.ii. of the other House. ^ Resolved. Tlie said Persons, so summoned, &c., shall be and are hereby declared, "theotheh House of Parliament," and shall and may, without further approbation, do and perform all such matters as the other House ought to do and perform ; and shall and may have and exercise all such Privileges and Powers and Authorities as the other House ought, by the Humble Petition and Advice, to have and exercise, . fined I'rom £.'» to £100. The Ciiustion as to l-'ive, isiie;j;atived. (.:) ;^- "• Oct. 1, The House acceijts an Invitation to dine wilii the ^ '','i""' I/ord IMavor, at Grocers' Hall, on the O'th. Oct. 3. A Debate is renewed as to tilling the Ilouie with ]\Iembers. Oct. 13. The principal Officers of the Army, whose Commis- sions were vacated, draw uj) Forces in and about Westminster, obstruct all I'assat^es by Land and ^Vater, place guards about the Doors of the Parliament, and interruj)t the ]Membersfroni coming Id the House. Dec 26. Orders are made for the j ayment of the Soldiers, &c.. and the Long Parliament is again restored, (a) Dec. 29. Resolved, this House doth approve of what General Monck hath done in placing and displacing of Officers, wlio are hereby confirmed in their respective Ofiices and Places. Hearty thanks to be given to Gen. Monck for his Fidelity and faithful Service. Dec. 'dQ. Sixty Two Members are Reported as pi-esent. They elect the Council of State. (6) January 2. (JMoiidaj/.) An Oath for the Council of State, and 16C0. all Members of the House is adopted — " I do hereby swear, that a. h, / do renounce the pretended Title or Titles of Charles Scuarty and 1 1 the whole line of the late King James, i^c-" Jan. 3. Resolved, Writs to be issued in places of Members who are dead, and a qualification to be brought in. Jan 7- Resolved, An Entr^' made by ISIr. Scobell in the Journal Book, 20 April, 1658, " This day the Lord Gen. dissolved this Parliament," TO be expunged. fx) Divisions in Augtist were 23-16 ; 20-22 ; 34-21 ; 30-27 : 29-18. In Scptemtjer, 27-20; 31-25; 19-18; 21-16; 31-17; 25-15; 38-13; 33-17; 25-22. (a) Clarendon says xvi. 715, " The Members were not many who were alive and suf- fered to meet as the Parliament. They were also dispersed into several Places." Prynne in his admirable Brief Register Kalendar and Survey of Parliamentary Writs, tells us that 200 Members were upon this occasion excluded. He says, " The exigence of our aif'airs and strange votes of a few Commoners, Jan. 5, 1G59, creating themselves a Parliament, without a King or House of Lords, and adjudging above i-'OO Members to stand discharged from voting or sitting as Members of this Parliament, and that Writs do issue to elect new Members in their places behind their backs, (as being either afraid, or ashamed to look them in tlieir faces,) without naming any one of them, and that before the least legal accusation, hearing, trial, or conviction whatsoever, of any delinquency, except only their loyalty, sincerity, fidelity to their King, Country, tlie Rights and Privileges of Parliament, constant adhering to their original Trusts, Oaths, Protestations, Covenant, &c., Principlesof Piety, Honesty, Christianity, and their Abomi- nation of all Treachery, Perjury, Jesuitical Practices and destructive Public InnovationF, contrary to theexpress Word of God, the Fundamental Laws, Statutes and Govcrnmentof this Realm, and the tenor of the Writs and Indentures whereby they were made Members, &c., hath caused me to publish this Chapter by itself , wherein I have, as elsewhere, made good to all the world, by Records, Precedents, Judgments in Parliament, Law, Reason and Divinity too, 'that the whole Houseof Commons, in its greatest fulness, freedom and power, never had any lawful Right, or Authority, upon full hearing, evidence, conviction, to expel any single Member of the House, for breach of lYust, or other misdemeanor whatever (no more than one Judge, Justice, Commissioner, Committee or Grand Juryman, to unjudge, uncommission, discharge, or eject another, being all equals, equally intrusted by the People, and having no power of Judicature, over each other) without the Lord or King's Consent, in whom the Sole Judicature in our Parliaments resides, much less the Tenth Part of the Houseof Commons, (sitting under a visible force, &c.l to eject the Majority of the House, ice, by the mere Club-Law of Pellitur e medio Sapientia, Vi geritur Res." Which uni)arallelcd injustice neither these excluded Members, nor yet the Counties, Cities, and Boroughs for whom they serve, nor the Free-born English Nation, Sec, will patiently endure to their own and the Nation's Infamy, the ruin of our Parliament's Constitution and Privileges, if connived at in these times of sad dis- traction," Second Part, pp, 178-9-lo60. (b) Divisions in Ofioficr were, .'iO-15. In D(?ff/«6e;-, 20-17. From Oct. 13 to Dec. 26, the Commons Journals have no Entries. 532 RICHARD CROMWELL. 16C0. Jan. 9. Sir Henry Vane is disabled, on charges since the last A. R. interruption of Parliament. Car.ir. Jan. 12. Resolved. This House dotli approve of what Gen. ^' George Monck hath done in marching into England, and an Act, approving and justifying him, to be brouglit in. Jan. 13. Mr. Sey is appointed, on the indisposition of the Speaker. Resolved. Col. Sydenham, a Member, to be discharged, and Major Salway suspended, and conniiitted to Tower. A. 11. Feb. I. (Wednesday.) Ordered. The Custody of St. James' 12 Park to be granted unto Commissioner, Gen. G. IMonck. Feb. 4. Resolved. This House shall be filled up to the number of 400 for England and Wales, and the distribution be as agreed in 1653. Feb. 8. Resolved. All and every Person or Persons seized of an Estate or Freehold in Possession in his own Right, or of his Wife, of the j'early value of 40s., above all Reprizes, to be ca])a- ble to elect Members to serve in Parliament for the respective Counties of England and Wales, so as he or they be not disabled by the Act, &c. Resolved. Such Persons who have advised or aided the Rebel- lion in Ireland, or are of the Popish Religion, are hereby disabled, and made incapable for ever, to be elected, or give any Vote in Election of any IMember to sit or serve in Parliament, unless employed by this Parliament since the 7th of Ma}', lGo9, and who have since continued faithful. Feb. 11. Resolved. All who since Feb. 1, 1G48, have been engaged, &c., on behalf of Charles Stuart, or any of the line of the late King James, to be disabled to be elected, or to give any vote. Feb. 13. Ordered. The Membersofthis House whohaveacted at the pretended Committee of Safety, to appear this day Se'nnight. Ordered. Henry Scobell, Esq. and JNIr. Robinson, late Clerk to the pretended Committee of Safety, to be sent for ; and all Papers touching the Draught of a Government. Resolved. All Persons, who, after the first of Jan., 1G59, have advised a Single Person as Supreme Magistrate of England, Scotland or Ireland, to be vmcapable, &c. as above. Feb. 13. One Hundred and thirteen Members are Reported as Present. They elect the Council of Stale. Feb. 25. George Monck, Esq. is, by Act, appointed Com- mander-in-Chief, &c. &c. (c) 3Iarch 1. {Thnrsday.) Resolved, The Time of Dissolution of this Parliament, shall be at or before the 15th da}' of this instant, March. March 5. Ordered, The Solemn League and Covenant to be set up and read in every Church once a-year. March 7- Colonel Rich and Sir Arthur Haselrrgy are, by leave of the House, examined by the Council of State, on Informa- tions against them. March 13. Resolved, The Engagement appointed to be taken by INIembers of Parliament and others, "I do declare and promise that I will be faithful to the Commonwealth as now established, without a King or House of Lords," shall be DISCHARGED AND TAKEN OI F THE FiLE. AlL OrUERS EN- JOINING THE TAKING OF THS SAME TO BE EXPUNGED, &C., and Mr. Pryn and others to see the same expunged accordingly. (cj Divisions in January were 28-18; 28-15; 24-15 ; 19-17 j 28-16; 27-22 ; 31-17 ; 22-16. In February, 35.10; 30-15; 21-21 ; 36-26. ]2 CHARLES II. 533 March 13. On QiiosLion, AVliollicr all who have been in Anns 1660. for the hite King or his Son, shall be disabled; the Noes are *. u. 05, the Yeas 53. ^^»■^"• On a Clause, That if any Elector, disabled, give his voice at Elections, he shall forfeit £10, the Noes are 75, Yeas, uC. March 14. A Bill is reported for restoring W. Lenthall, Esq., Speaker of the Parliament. Resolceil. Twenty thousand pounds is hereby conferred on His Excellenc}' Lord General ]\Ionck. Resolved. Dr. AVren to be discharged of his Imprisonment in the Tower ; and a Tower to the Council of State to discharge any other Person or Persons imprisoned upon any Crime com- mitted against the State. March IC. A Bill is read a third time for Dissolving the Par- liament begun and holden at 'Westminster, 3d Nov., 1(>40, and for calling and holding a Parliament on the 25th April, 1(500: with a Proviso, "That the Single Actikgs of this House ABE ENFORCED BY THE PRESSING NECESSITIES OF THE PllE- SENT Times, &.c." (rf) CHARLES II. April 2b. {Wednesday.) The jp«>5< Parliament meets. I66O. In the Lords. Present, the Earls of Northumberland, Lyn- ^' ^' colne, Suffolk, Denbigh, Viscount Say and Sele, Lords Wharton, Hunsdon, Grey de "Warke and Maynard. The Earl of INIan- chester is appointed Speaker. Ordered. Whereas Henry Scobell, Esq. is in possession of the Dwelling House in the Old Palace, at Westminster, belonging to the Clerk of Parliaments, and hath, in his Custody, the Acts, Journals and other llecords of the House of Peers, the said H. Scobell do deliver them unto John Browne, Esq., Clerk of Parliaments, and possession of a certain Stone Building standing within the said Dwelling House, commonly called the Tower, wherein the llecords are usually kept. Adjourned " in diem crastinum hora nona Aurora." The Commons attend a Sermon, and repaii* to the Parliament House. Sir Harbottle Grimston, elected Speaker, is conducted by Lord General Monck, jMr. Holies and IMr. Pierpont. W. Jessop, Esq. is chosen Clerk of the Commons' House of Parliament; James Northfolkc, Esq., Serjeant-at-Arms; and llalph Darnall, P>sq., Clerk Assistant. The Clerk of the Cro\vn delivers a Book with the Returns and the House is called. April 26. Ordered. Earls coming after Prayers to pay 2s. and Barons, Is. The Lords agree as to a Thanksgiving for God's great mercy in delivering the Nation out of their long "Thraldom, Confu- sion, AND Misery." (rf) " This Dissolution, says Clarendon, xvi. 720-725, was against all the importunities of the Sectaries, (Persons generally of no Degree or quality, and notorious only lor some new Tenet in Religion, and for some barbarity exercised upon the King's Party,) but to the unspealiablc joy of all the rest of the Kingdom." " The contention was onl'v between the Presbyterian Republicans on one side, and the Independent Levelling party on the other, for Superiority, and who should steer the government of the State." 534 CHARLES II. 1G60. Ordered. Mr. H. Barker, Deputy to the Clerk of the Crown A' •*• ill Chancery, to sit in this House, as an Assistant. 12 Resolved, in the Commons, that H. E. liOrd General Moiick, shall receive the Recognition, Acknowledgment and hearty Thanks of this House, for his unparalleled services done for these Nations. April 27. Present in the Lords' House, the Earl of Manches- ter, Speaker, the Earls of Oxon, North, Derby, llutland, Bedford, Pembroke, Lyncolne, Notts, Suffolk, Dorsett, Bridgwater, War- wick, Denbigh, Middlesex, Bollingbroke, Rivers, WinchUsey, Strafford; Lords Viscounts Hereford, Say and Sele, Conway; liords De la Warr, Berkely (with a Salvo Jure) Wharton, Huns- don, Petre, Gerrard, Tenham, Grey de Warke, Deincourt, Craven, Maynard, Howard de Escricke, CapelL {e) May 1. {Tuesday.) The Earls of Sarum, Stamford, Carnaer- van, and Lords JNIorley, Chandos, Brooke and Bruce attend. Resolved, The liOrd Chief Baron of the Exchequer and the Master of the Rolls to attend as Assistants. A Letter and Declaration from the King is received. (/) The Commons Resolve, nemine contradicente, That an Answer shall be prepared to His Majesty's Letter, expressing the great and joyful sense of this House of his offers, and their humble and hearty thanks to his Majesty for the same; with Professions of their Loyalty and Duty to His Majestv. Resolved, That His Majesty's Letters and Declaration be en- tered at large in the Journal Book, and be printed and published and that the Lord General do communicate the same to the Offi- cers and Soldiers under his Command. Resolved. Sir George Booth to let the Lords know, that this House is ready for a Conference as their Lordships desire. Re- port is made from the Conference. The Earl of ^Manchester acquainted the Committee of a Letter from His ^Majesty. " It was a maxim ; where the word of a King is, there is Power ; and where the word of our King is, there is Truth ; and Power and Truth are the best Supports of Government. He took notice of some new State Builders that had been forming imaginary States of Government, which brought into consideration our ancient Government, the best in the world. That the Lords had voted, that according to the ancient and fundamental Laws of this Kingdom, the Government is, and ought to be, by King, Lords ancl Commons ; that having a deep sense of the miseries and distractions this Kingdom hath been involved in since the violent attempts to dissolve the established Government, and conceiving that the separating of the Head from the INIembers hath been the chiefest occasion of all our Disorders and Confu- sion, they desire some ways may be considered how to make up these Breaches and to obtain the King's return again to his People : That they desiie a Committee of the House of Com- mons may be appointed to meet one of the Lords, to prepare such things as may be in order to these good and necessary ends, and to frame a Letter of Thanks and Acknowledgment to His Majesty for his gracious Letter and Declaration." Resolved, The Commons do agree in all things with the House of Lords. (e) Pivisionsin March were, 67-45 ; 62-47 ; 67-52; 84-66; 7G-29 ; 93-56; 75-56; 44-37. In April, there are no Divisions. (f) " From this time, • Charles .Stuart " was no mor hear of, and so univcisal a joy was never seen within the walls of the House." CHARLES II. 535 Ordere(]. A Committee to peruse the Journal and Records as IfiGO. to an)' riiETENDT-.n Acts or Ordkus which have heev a, k. passed, and are ixconsistent with the government 01-" ^^ King, Lords, and Co:mmons. May 2. The Uuke of Bucks attends the House of Lords. Ordered. The Committee of Privileges to consider the great violation that hath lately been made upon the Peerage of the Kingdom. The Commons Resolve, that Sir J. Greenvile, who brought his INIajesty's I^etter, shall receive the Thanks of the House, and £500 to buy a Jewel, as a Testimony of Respect, and as a Badge of Honour. May 3. The Lords Order, that the King be prayed for, and his Arms set u]). Mr. Speaker gives the Thanks of the House to Sir J. Greenvile. " Our Bells and our Bonfires have already begun the Procla- mation of his jNIajesty's Goodness and of our Joys. We have told the People of England, that our King, the Glory of England, is coming home again, and they have resounded it back again in our Ears that they are ready, and their Hearts are open to receive him. lioth Parliament and People have cried aloud to the King of Kings in their Prayers, 'Long Live King Charles the Second.' " May 4. Report is made on the case of Lord Sandys' Peerage. An Order is made in the Lords to vacate the Judgiiient against the Nine Lords, 20 July, 1642. May 5. An Act passes the Commons " for removing and pre- venting all Questions and Disputes concerning the Assembling and Sitting of this Free Parliament." Resolved. In all cases where the Great Seal is used, Proceed- ings shall go in the King's Name. Resolved. A Stop and Stay shall be put to the Sequestrations of the Duke of Bucks and I^ord Craven. The Lords revive an Order, that Peers shall be assessed by themselves, and not by the Commissioners of the Militia. May 7. The Houses Resolve, that the King shall be Proclaimed To-morrow, and that certain Lords and Commons shall attend his Majesty with an Answer to his Letter. May 11. The Commissioners for the Kingdom of Ireland, Sray the Lords and Commons to concur in an Address to his lajesty, for calling and holding the Parliament there, as formerly, as a Remedy for the unsettled condition of that Kingdom. The Houses agree to address his Majesty, that he may be graciously pleased, upon the repair of Commissioners to him from that Kingdom, with all convenient Speed to call a Parliament to consist of Protestant Peers and Commons. May 12. An Order is made to obtain Creation Money due to Peers. Mr. Lenthall, a Member of the Commons, having said, " He that first drew his Sword against the King, committed as high an offence as he that cut off' the King's head ;" which, in the judg- ment of the House, hath as high a i-efiection on the justice and proceedings of the liords and Commons in the last Parliament, in their Actings before 1G48, as could be expressed, is ordered to be sharply reprehended, as tending to render those tliat drew the sword to vindicate their just liberties, unto a balance with them that cut off" the King's head. May. 14. Resolved. All the Persons who sat in judgment on the late Kings' Majesty, &c. to be secured. 536 CHARLES II. 16C0. June 30. The Lords make an Order against printing their A- R' Proceedings without Authority. (^) 12 Juli/ 3. (Tuesday.) Tlie Com nio«A- Ocrfer a new "Writ for Maid- stone, Mr. Serjeant Twisden being called to be one of the Justices of the King's Bench. An Act is sent up to the Lords " for the Confirmation and future Preservation of the Privileges of Parliament, and of the fundamental Laws for the Conservation of the Lives, Liberties and Properties of the Subject." Jiily 7. The Commons allow Sir Anthony Irby to appear in the Court of Chancery, on a Subpoena. Juli/ 9. On a difference between the Serjeant-at-Arms and the Gentleman Usher, concerning Execution of Warrants, the Loi-ds Order and Declare, "This House reserves the Power to themselves to employ what Persons they think fit, &c." July 10. In a Bill for Poll Money, the Commons adopt an Amendment, "That every Popish Recusant or other, above 18 years of age, shall pay double the Bate and Proportions imposed upon the same Degree, Bank and Quality." July 12. The Com)nons Resolve that the Bailiff" and 12 Burges- ses have a right to elect for the Borough of Buckingham. July 13. The Duke of Albemarle is introduced in the Lords. It is moved,thRt the Earl of Banbury, who sits, has no Title to bea Peer. The Commons desire a Conference on a breach of Privilege, Black Hod having refused to deliver up a Prisoner of their House, sent up, at the Lords' desire. July IG. The Lords Order matters derogatory to the King and Peers to be expunged from the Journals. lleport is made on Precedents of Surrender of Dignities to the Crown, Lord Purbeck saying that he may legally surrender his Title. The Commons Resolve that the Freemen at large (not the Port- reeve and 12 Burgesses) have the Right of Election for St. Ives. They Resolve, also, that the Free Burgesses seised for Life, or in Fee, of Borough Lands and Houses, (not the Freemen at large) have a Right to elect for Clitheroe. July 18. The Commons Resolve, that 24 claiming by Custom, (2 Elizors nominated by the Lord of the JNIanor anil 22 Freemen chosen by the said Elizors) have the Right of Election for the Borough of St. Michells, Cornwall. July 20. A Committee is appointed to examine a breach of Pri- vilege, Mr. Swanton, a INIember, having been summoned with a AVarrant from the House of Lords, to be examined in a cause there. July 21. The Commons Resolve, that the first Clause in a Bill of Tonnage and Poundage shall be, " The Commons assembled in Parliament, &c," July 24. Lord Slontague, called by Writ to the House of Pears, takes leave of the Commons, and on the 20th, is intro- duced in the I^ords, as Earl of Sandwich. Mr. Rushworth, a ]\Iember of the Commons, has Leave to attend the Lords on some points concerning the death of the late King. July 25. Sir John Temple, Knight, has Leave to give his testimony before the Lords. Cg) Cases of Privilege in the Lords arc (May 2) on a Servant's Arrest ; (May 12) on an assault ; (June 30) against scandalous words. The Divisions in Mai/ are none. In June; 165-150; 215-126; 147-106; 175-134; 162-133; lGO-131; 13S.1J3 , 117-101; 133-103; lOS-12 ; l'.'l-S7; \li^i-U3. CHARLES H. oST Jul// 27. In the Lords, tlie Alarquis of Onnoiul, Lord Steward, HJ60 i^) inlrodiu'od as llaroii de l,anthony and Earl of JJrecknock. ^-i** The King addresses the House. ^'^ Juh/ •!{). The Communs Resoh'e, " That it be represented to His ^lajesty, that thougli by constant course of Parliaments, the House of Commons have used to receive acts ofCJrace, tScc , before they present Bills of aid and supply, yet now, from tiie entire confidence they have in His ^lajesty's goodness, and relying upon his Itoyal Word to pass the same afterwards, they have prepared these Bills to be presented to him." Jn'i/ 31. The liords' House is called. There are present tlie Dukes of York and Gloucester, Bucks and Albemarle, ^Iarquisses Winton, Dorchester, and \\"orcester, the Lord Steward and I^ord Chamberlain, 34 Earls, 3 Viscounts, 47 Barons. The Absent are lleported to be 28 Barons, (Shaving Proxies,) 4 Viscounts, (1 Proxy,) 24 Pearls, (5 Infra /Etatem,) 3 Marquisses, 2 Dukes, (1 Infra /Etatem.) Ordered, the Absentees to pay 5s. each to the Clerk of the House, for the Poor. The Commons allow INIr. Seymour to attend the I^ords. Auff. 3. (Friday.) The Commons Resolve, that the Freemen and Inhabitants of Camelford, paying Scot iind Lot, have the llight of Election. Aug. 7- Ninety-two Peers are present. The List is numbered according to their order in the House. Aiuj. 8. The Commons pass a Bill to enable the County of Durham to send Knights, and the City of Durham Burgesses, to serve in Parliament. Aug. 13. The Commons give Leave to Mr. Wingfield, a Mem- ber, to plead before the liOrds, not concerning any member of this House. Aug. 15. The Commons agree to certain Amendments of the Ijords on a Poll Bill, with a Salvo touching the Privilege of this House only, to name Commissioners in Bills that charge the People. Aug. 23. A Patent, granted to the Marquis of AVorcesler, to be Duke of Somerset, being on conditions not performed by him, he declares his willingness to surrender it. Robert Cheeke, Esq., claims the Barony of Fitzwater. His Majesty avows and declares, "that the horrid murder of his lloyal Father, was not the Act of the Parliament or People of England, but of a very wretched and very little Company of Miscreants in this Kingdom." 'J'he Commons declare the humble and thankful sense this House hath of his IMajesty's Justice and Favour in making this just defence for the Parliament and People of England. Aug. 24. Several Acts, or Parts of such, now depending, hav- ing been j)rintcd by Henry Hill and .John Field, the Commons order them into Custody. Atig.'iX. The Lords Order that payment of Fees on Private Bills be made before the Second Beading. His Majesty desires a llecess trom the 8th of Sept. to the Gth November, (h) fh) Cases of Privilege in the Lords are (July 1!)) oh Arrest of a Peeress's Servant ; (Aug. 7) on being lucd by Mean Process. In the Cumntuns (July 19) on a subpoena (Aug. ,30) to Mr. Speaker's Chaplain. Divisions in Jm/v are, 129-104; 180-151 ; 1^3-138; 1.3r,-10(;; 1.53-112; IW-IO.T ; R(;-«3 ; 133-7ii; '219-80; 140-131; 9.5 67. In August, 'Jl-m; 131-liy; 197-lOJ ; 148-127; 141-ll(j; 140-83; lo4-102; 80-7U ; 50-49: 88-(i8. CHARLES II. 1660. September 1. (Sahtrday.) The Commons desire a Conference, to •*• ^- state, that upon the next Recess, it will be most convenient for ^2 the Houses to adjourn themselves. If it should be a Prorogation, or Adjournment by Writ, all Matters depending will be discon- tinued, and Acts whose Expiration depends upon the end of next Session, will determine, unless continued by a new Act. The Lords and King agree. Sept. 4. The Commons Resolve, That the King's Revenue shall be made up £1,200,000 per Annum. Sept. 6 A Bill passes the Lords restoring the Marquis of Hertford to the Dukedom of Somerset. Sept. 8. On a Petition of the Houses, His Majesty defers the Adjournment. Sept. 11. The Commons Order^ that William Jessop, Esq., be humbly recommendeil to His Majesty to be Clerk of tliis House by His Highncss's Letters Patent, for and during his natural Life ; and James Northfolkc, Esq., as Serjeant at Arms, &c. Sept. 13. The King passes many Bills ; among others, those for restoring the jNIarquis of Hertford, the Marquis of New- castle, and LordCierard, Baron of Brandon. The Houses Adjourn ihemselnes to Gth November, at Eight. November G. (Tuesday.) The Lord Chancellor is introduced as Baron of Hyndon. The Commons Order the Clerk of the Crown to return a perfect List of all jNIembers serving in this Parliament. Nov. 13. The Commons reier to a Committee a Book, in- tituled "The Long Parliament, by Thomas Phillips, gent.," wherein the Privileges of the House are much concerned. Nov. 16. Privilege is allowed to Lady D' Acres, on an Arrest. Nov. 17- ^Ii". ^^ • Dsake, of London, IMerchant, Author of a Book, " The liong Parliament Revived," is committed to the Serjeant, and ordered to be pi'oceeded against at Law, for sedition. Nov. 19. LordMohun is allowed Privilege against answering a Suit at Law. Nov. 22. An Act passes the Lords for restoring the Earl of Arundell, Surrey and Norfolk, to the Dignity and Title of Duke of Norfolk •• and passes the Commons Dec. 3. December 5. {Wednesday.) The Commons allow Privilege to Sir Francis Lawley, against a Trial, &c. Dec. 8. The Judges make a Report on the Question, Whether certain scandalous words spoken against the Earl of Suffolk be released by the Act of Oblivion. Ordered, The said Earl to be at liberty to take his Remed}' at Law, and no Proceedings before their Lordships to be any Pre- judice to the said Earl of Suffolk. Dec. 10. The Commons Besolve, by 92 against GO, Not to agree with the Committee that the Right of Election for the Borough of Helston, is in the IMayor and Inhabitants at large. Dee. 13. On ])assing a Bill for vacating Sir E. Powell's Fine, Edward Hyde, Chancellor, and 25 Peers Protest. Dec. 17. Report is made on the Lords' Privileges concerning not finding Horses or Arms. A Bill passes the Commons for restoring H. Lord Arundell, of Wardour. Dec. 22. The Lords Order that the Officers of the House have leave, as well during the sitting of Parliament, as afler, to demand and receive the Fees due from every Peer on the first sitting in Parliament, according to his Hank and Degree. CHARLES n. 539 Dec. 24. The Houses ndjmirn to the 27th. 16C0. Dec. 28. The Kail of Oxon, tlic Earl of Derby, and Thomas, a- R- Lord A\'indsor petition conccrniii'f the OHice of (Jreat Chamber- '2 lain. iMontague, Earl of Lyndsey, claims the Earldom of Oxon, Dec. 29. The King gives his Assent to many Bills ; among others, to those of the Restitution of the Duke of Norfolk, Eord Arunclell, of AVardour, awl of Wentworth, Earl of Koscommon, and then Dissolves the Parliament, (i) May 8. The Second Parliament (the Long or Pen- icei. sionary) meets. ^'y^' ■\rrits are issued to the King's Brother, James, Duke of York, to the Earl of Houthamjjton, Treasurer, the Dukes of Bucking- ham, Richmond, and Albeanarle, the Marquisses of "Winchester, Newcastle, Worcester, Dorset, the Earl of Lindsey, (Great Chamberlain of England), the Earl of Brecon, the Earl oflVIan- chester, (Chamberlain of the Household), the Ear/s of Oxford, Northumberland, Shrewsbury, Derb}', Rutland, Bedford, Pem- broke ar.d IMontgomery, liincoln, Nottingham, Suifolk, Dorset, Salisbury, Exeter, Bridgwater, Leicester, Northampton, War- wick, Devon, Denbigh, Bristol, Middlesex, Holland, Clare, BuUingbroke, Westmoreland, Berks, Cleveland, JMulgrave, Mon- mouth, JNIarlborough, Rivers, Dover, Stamford, Peterborough, AVinchelsea, Carnarvon, Newport, Chestei-field, Thanet, Port- land, Stafford, Sunderland, Norwich, Scaresdale, St. Alban, Sandwich, Clarendon, (Lord Chancellor), Essex, Cardigan, Anglesey, Bath, Carlisle; Viscounts Hereford, Say and Sele, Conway, Campden, StaiFord, Falconbei-gh, IVIordaunt ; Barons, prsedilecto et fideli, Nevile de Abergavenny, Tuchet de Aud- le}", AA'est de la Warr, Berkley de Berkley, Parker de ]\Iorley et Montegle, Dacres, l)arcie de Davcie, Stourton de Stourton, Sandys de la Vyne, Vaux de Harrowden, Windsor, Wentworth, Cromwell, Evre, Wharton de AVharton, Willoughby de Parham, Paget de Beaudesert, Dudley North, Chandos de Sudeley, Carew de Hunsdon, Petre, Gerard de Gerards Bromley, Stanhope de Harington, Arundel de Wax-dour, Roper de Tenhani, Bi-ooke, Montague de Boughton, Howard de Charlton, Grey de AVarke, Roberts de Truro, Craven, Lovelace, Paulet de Hinton St. George, Maynard, Coventrie de Alesborough, Howard de Escrick, Mohun, Herbert de Powys, Herbert de Chirbury, Seymour de Troubridge, (Chancellor of the Duchy of I^ancaster), Bruce de Whorlton, Newport de High ArcaU, lyeigh, Hatton, Hastings de Loughborough, Byron, Vaughan, Smith de Carrington, AVidd- rington. Humble AV'ard, Colepeper de Thoresway, Astley, Boyle de Clifford, Lucas, Belasses, Watson de Rokyngham, Gerard" de Brandon, Sutton de Lexington, Kirkhoven de AA'otton, Langdale de Holme, Crofts, Berkley, Holies de Iteild, Cornwallis de Eye, Delamer de Dunliam, Masse^-^, Towneshend de Lime Regis, Ashley de AA'imborne S. Eardic, Crew de Stene. The King, Duke of York, the IjOi'd Chancellor, High Treas- urer, 2 Dukes, 3 Marquisses, Lord Great Chamberlain, Steward CO Divisions in September were, 99-61 ; 07-43 ; 90-84 ; GO-58 ; 8G-70. In November 11G-96-, 181-105; 151-149; 131-117; 171-97; 183-1.57; 50-46. in December, 126-IIg' 96-88 ; 104-9.!; 92-fiO ; IlG-44; 85-4&; 114-66; 140-131; 89-82: 80-62; 92-64; llG-bG- 21-22; 91-53; 90-84; 104-92. '. ' ' ' 540 CHARLES II. 1661. A. a. 13 of Household, Lord Chamberlain, 36 Earls, 7 Viscounts and 50 Uarons, are present, (k) (k) This Parliament consists of, Dukes of the Blood Royal 2 / Other Dukes 3 I Marquisses 4 Peers -l Earls 56 i Viscounts 8 I Barons 69 Total 142 Commons , The following places re Abingdon Agmondsham : bt. Albane : Aldborough, Suffolk ... • Yorkshire : Allerton North : Andover ' Anglesea Apulby Arundel Ashburton ' Aylsbury Banbury Barnstaple Bath Beaumaris Bedfordshire 2 Bedford T 2 Bedwin 2 Berkshire' 2 Berwick 2 Beverly 2 Bewdly 1 Bishops Castle 2 Bletchingly 2 Bodmin 2 Beralston 2 Boroughbridge 2 Bossineg 'i Boston 2 Brackly 2 Bramber 2 Brecon County 1 Town 1 Bridgewatcr 2 Bridport 2 Bristol 2 Bridgenorth 2 Buckingham Sh 2 Town .„ 2 Calne 2 Cambridge Sh 2 . T 2 Univ 2 Camclford 2 Canterbury 2 Cardift' 1 Cardigan County 1 T 1 Carlisle 2 Carmarthen County ... 1 T 1 Carnarvon C 1 Castle Rising 2 Chester Co 2 City 2 Chichester 2 Chippenham 2 Chipping '^ Clirist Church 2 Total Members : — Cirencester 2 CUfton 2 Clithero 2 Cockermouth 2 Colchester 2 Corf Castle 2 Cornwall 2 Coventry 2 Cricklade 2 Cumberland 2 Denbighshire 1 T 1 Derbyshire 2 T 2 Devizes 2 Devon Shire 2 Dorchester 2 Dorsetshire 2 Dover ....» 2 Downton 2 Droitwich 2 Dunwich 2 Eastlow 2 Edraondsbury 2 Essex 2 Evesham 2 Exeter 2 Eye 2 Flintshire 1 T 1 Fowey 2 Gatton 2 Germans St 2 Glamorgan 1 Gloucestershire 2 . C 2 Grampound ^... 2 Grantham ...^ 2 Grimsby 2 Grinstead 2 Guildford 2 Harwich 2 Haslemcre 2 Hastings 2 Haverfordwest 1 Helstonc 2 Hereford Co 2 C 2 Hertford Co 2 T 2 Heydon 2 Heytesbury 2 Iligham 1 Hindun 2 Honiton 2 Horsham 2 Huntingdon C 2 . T 2 Hythe 2 llcestrr 2 Ipswich 2 , 507 649 Ives St 2 Kellington 2 Kent 2 Kingstone 2 Knaresbro 2 Lancaster Co 2 . T 2 Lanceston 2 Leicester Co 2 T 2 Leominster 2 Leskard 3 Lestwithiel 2 Lewes 2 Lincoln Co 2 . C 2 Litchfield 2 Liverpool 2 London 4 Ludlow 2 Luggershall 2 Lyme 2 Lymington 2 Lynn 2 Maidstone 2 Maldon 2 Malmesbury 2 Malton 2 Marlbro' 2 Marlow 2 Mawes 2 Melcomb 2 Merioneth 1 Midhurst 2 Middlesex 2 Milbourn 2 Minehead 2 Michael St 2 Monmouth Co 2 Morpeth 2 Montgomery Co 1 T 1 Newark 2 Newcastle, Staf. .... 2 , North 2 Newport, Cornw 2 , Hants 2 Newton, Lane 2 .Hants 2 Norfolk Co ;. 2 Northampton Co 2 T 2 Northumberland .... 2 Norwich 2 Nottingham Co 2 T 2 Okehamptou 2 Orford 8 Oxford Co 2 C 2 CHARLES II. 511 Receivers nnd Triers of Petitions are appointed. James, Duke of Orniond, I^onl Higli Steward, administers the Oaths to tiie Commons in the Court of llequests. Mai/ 10. Sir Edward Turner, Knight, is presented as Speaker. T/ie Lord Chancel/or, in answer to the Speaicer, says, "It is the Privilege, if you please, the Prerogative, and it is a great one, of the Common Poo])le of Kngland to berejiresented by the gi-eatest and learnedest, the wealthiest and wisest Persons,' that can be chosen out of tlie Nation, and the confounding the Com- mons of England with the Common People of England, was the first ingredient in that accursed dose, which intoxicated the brains of men with the imagination of a Commonwealth, a Government as im])ossible for the spirit, temper, and genius of the English Nation to submit to, as it is to persuade men to give their Cattle and their Corn to other ^Nlen, and to live upon Koots and Herbs themselves. That Monster, Commonwealth, cost this Nation more in her few years, than the ^Monarchy in six hundred years." May 11. The Lord Chancellor is introduced as Earl of Cla- rendon, and is placed next below the Earl of Brecknock. Arthur, Lord Capell, as Earl of Essex, is placed below the Earl of Clarendon. Arthur, P'.arl of Anglesey, below the Earl of Cardigan. Charles, Earl of Carlisle, below the Earl of Bath. Denzell, Lord Holies, below Ijord Berkeley, of Stratton. George Booth, Lord Delamer, below Lord Cornwallis. Horatio, Lord Townsend, below I^ord Delamer. Anthony Ashley Cooper, Lord Ashley, below Lord Townsend. John, Lord Crewe, below Lord Ashley. Thomas, Eaid of Cardigan, below the Earl of Essex. John, Earl of Bath, below the Earl of Anglesey. May 13. The Commons Resolve, that, on Sunday Se'nnight, the Sacrament shall be administered to all Alembers in St. Mar- garet's Church, according to the form prescribed in the Liturgy. May 14. Frederick, Lord Coinawallis, is introduced, and placed below Lord Holies. 1C61. A. R. 13 Oxford Univ. ' 2 Pembroke Co 1 . T. 1 Penryn 2 Peterborough 2 Petersfield 2 Plymouth 2 Plimpton 2 Pool 2 Pontefract 2 Portsmouth 2 Preston 2 Queenborough 2 Radnor Co 1 . T 1 Reading 2 Retford 2 Richmond 2 Rippon 2 Rochester 2 Ruraney 2 Rutland Co 2 Rye 2 Ryegate 2 Salop Co 2 T 2 Saltash 2 Sandwich 2 Sarum N 2 Sarum 2 Scarborough 2 Seaford 2 Shaftsbury 2 Shoreham 2 Somerset Co 2 Southampton Co 2 T 2 Southwark 2 Stafford Co 2 T 2 Stamford 2 Steyning 2 Stockbridge 2 Sudbury 2 Suffolk Co 2 Surry Co 2 Sussex Co 2 Tamworth 2 Tavistock 2 Taunton 2 Tewksbury 2 Thetford 2 Thirsk 2 Tiverton 2 Totness 2 Trcgoncy 2 Truro 2 Wallingford 2 Warwick Co. .,,,. ... 3 T 2 Wareham 2 Wells 2 Wendover 2 Wenlock 2 Weobly 2 Westbury 2 Westlow 2 Westminster 2 Westmorland Co 2 Weymouth 2 Whitchurch 2 Winchelsea 2 Wi'ichester 2 Windsor 2 Wilton 2 Wilts Co. ■ 2 Woodstock 2 Wooton Basset' 2 Wygan 2 Worcester Co 2 Yarmouth, Xorf. .... 2 — , Hants 2 Yorkshire 2 542 CHARLES II. 1661. The Commons appoint a Committee to examine the Journals of A. a. the Long Parliament, and to report what is tit to be expunged ; 13 and also to consider a traitorous Writing, " The Instrument of Government." Resolved. The Return for Tavestoke by the IVIayor and Bur- gesses (not by the Portreeve alone) is good. 3Iay 17- Lord Berkeley petitions for Precedency above Lord Delawarr, and is heard June 7- Resolved, by 228 against 103, the Insti'ument, called the Solemn League and Covenant, to be burned, &c. May 20. The Lords' House is called, begiiining from the youngest Baron. Present, the Duke of York, Lord Chancellor, Lord High Trea- surer, Dukes of Bucks and Richmond, jXIarquisses Winton, Dor- chester, Lord Great Chamberlain, Lord Steward, Lord Cham- berlain, 37 Earls, 6 Viscounts, 47 Barons. Absent, 30 Barons, 2 Viscounts, 2fi Pearls (2 Proxies, 4 Infra jEtatem,') 2 ISIarquisses, 3 Dvikes (1 Infra Mtaiem,) Lord Privy Seal, Duke of Cumberland (Proxy.) The Commons Resolve, That the Inhabitant Freeholders only have voice in Elections for the Borough of Haslemere. May 27. Resolved, The traitorous cursed Writing in Parlia- ment, " the Act for erecting a High Court of Justice for trying and judging Charles Stuart," that constituting a Commonwealth, and other Acts to be burned, &c. May 30. The Commons Resolve upon a Bill to Repeal the Act disenabling Persons in Holy Orders to exercise any Temporal Jurisdiction or Authority. It passes the Lords, June 18. June \. {Saturday ) The Commons Order, That all Members ■who climb over seats shall pay 12d June 6. The Earl of Banbury petitions the King for a Writ of Summons ; on which Report is made, July 19. The Lords Order a Bill to declare the Long Parliament deter- mined. June 7- The Commons Order that every IMember standing in the Passage whilst the House is sitting, shall pay ) 2d. to the Serjeant. Jtine 8. The Lords Order, That the Commons demanding a fi"ee Conference in the Painted Chamber is a Breach of Privilege ; it appertaining of Right to the Lords to appoint both Time and Place. The Commons admit the mistake. The Roman Catholics petition against the Oaths of Allegiance and Supremacy. June 11. The Lords Resolve, that nothing has been offered to move their Lordships to alter the Oaths. June 13. Tlie Commons Order the IMayor of Northampton to be apprehended, &c., for various Miscarriages touching the Elec- tion. He is "gravely reprehended." Ju)ie 15. The Earls of Oxon and Derby petition the King on the Office of Great Chamberlain. His Majesty refers it to the Ijords. The Commons Resolve, That all who pay Scot and liOt, have Votes in Elections with the Mayor and Freeholders of the Borough of Wareham. Resolved. The Out Burgesses have equal voices ^yith the Bur- gesses for the Town of Poole. June 25. The Votes on a Question being even, the Lords CHARLES II. 543 adopt the Precedent, 43 Eliz., where it was adjudged for the 1061. Noffatives. a- a. Jult/'i. {Thnrsday.) The Lorrfs rf Aldermen, and 24 Burgesses onlv, (not the Common Burgesses at large), have the llight of Election for the Borough of Sudbury, Suiiblk. Feb. 8. The Commons Order that all Members interrupting the House by Private Discourses, shall be called to the Bar. The Houses adjourn; the Commons to the 13th, the Lords to Feb. 17. An Act passes the Lords, reversing the Earl of Straf- ford's Attainder. „ ^ ,. . , . , Feb. 24. Ordered, the Clerk of Parliament is authorized to issue Warrants for Witnesses, &c., in Causes appointed to be heard at this Bar. . „ -r, • . /^ t> Feb. 26. The Commons Resolve, All Kesiant Common Bur- gesses of the Town of IauUow have llight of Election, as well as the 12 Aldermen and 25 of the Common Council. March 2. The Commons Resolve that His Jlajesty's gracious Speech of Yesterday, at Whitehall, be entered on the Journals of this House. . . .. t j / March 3. Report is made from a Committee ni the Lords (on Precedency of Foreign Nobilitv); "That every Peer of England hath, by Right, Precedency in England, before all other Peers and Noblemen whatsoever." March 12. The Hearth Bill passes the Commons March 18. Mr. Carpenter, Chaplain of the House of Com- mons, is recommended to His Majesty for his good Services, and by the Kin^ recommended to the Bishop of London. March 22" The Lords return a Bill to the Commons, because it was not signed by the Clerk in the usual way, " Soit baillee aux Seignieurs." , -r. ,, , . j • j ^ nr The Commons Resolve, that the PoU bemg denied to Mr. Coningsby in nomination as a Burgess for the Borough of Lem- ster, he being ineligible, as a Prisoner in execution for debt, the 546 CHARLES II. 1663. denyincf the Poll to him could not avoid the Election of two ■*• •"• other Members. ^^ March 24. George Withers, Author of a Seditious Pamphlet, is committed from Newgate to the Tower, and ordered to be Impeached. Ordered, An Election Petition, not in time, on account of the Adjournment of the Committee, to be received. The Houses adjourn to the third of April, (n) Aprils. (Thursdaij.) The Commons Orcfer a Bill to repeal the Act for a Triennial Parliament. April 4. Upon perusal of the Statute, 31 Hen. VIII., a Com- mittee is of opinion, that the Mayor, Burgesses and Inhabitants of Haverfordwest, paying Scot and Lot, and not the Mayor and Burgesses of the Town only, have voices at Elections. The Petition is re-committed. April 17. The Lords Resolve upon a Proviso to the Militia Bill, That Peers shall be assessed by five or more of His Maje-ity's Privy Council, being Peers of the lleahn, and not otherwise. April 21. The Commons Order, that all Members shall attend personally on the 5th of May, upon a Penalty of £20. April 28. Resolved, on the Question, " Whether t'le old Burges- ses, before the Chartei', 'A Jac, or only the Burgesses appointed by the said Charter, had voices, not being sworn Burgesses of the said Corporation?" that the new Burgesses appointed by the said Charter, exclusively, have the Hight to elect. April 30. On Question, touching Statute 35 Hen. YIII., as to notice to be given of the Election of ]\Iembers to serve for Shire Towns in Wales, Resolved, that notice of all Elections for Shire Towns only, ought, by intent of the said Act, to be given to the Out Corporations and Boroughs, which do not send Burgesses themselves, and no such notice being given, the Elec- tion is void. May 10.' {Saturday.) The Commons sending up a Message with a Bill for jf oney, together with their Amendments, the Lords return tlie Bill, "conceiving tliat the bringing up of tliis Bill with a Message, is contrary to the usual Proceedings of Parlia- ment, in cases of this nature, whereas it should have been by Conference, when lleasons of their Dissent might have been given." An Act passes the Lords for restoring Thomas, Lord Culpeper, Baron of Thornway. By INIessage to the Commons, His Majesty reminds the House to dispatch the Bill for preventing the exorbitant liberty of the Press, as next to that for settling the Forces of the Kingdom, most conducive to the Peace of the Kingdom. Ordered, A speedy dispatch to that Bill. May 15. Ordered. The Reading Clerk to be recommended to the King. fn) Privilege is allowed in the Lords, (Feb. 3 anl 8) against Suits ; (Feb. 14") against a Warrant of Attachment; (Feb. 20 on a Summons. In the Commons. (Feb. 13) aKaiiist an Action in the King's Bench ; ( March (fi) on seizure of a House held in Trust ; (March 8) To the Karl of Ancrain, a Member, seized by a Constable ; (March llltothc Deputy Sergcant-at-Arms, on arrest in an Outlawry ; (March 19) on detention by a Constable. Divisions in Jarafwry were, UO-.'iG; 120-«7 ; 1C7-9.5 ; 132-58. \n February, 119-100; 48-4.5; 10G.77; 70-63; 28-21; 134-85; 1H-C4; 108-57; 82-59. \\\ March, 37-25; 115-98; 65-Cl ; 97-92; 127-72 ; 91-41 ; 66-61; 77-69; 108-88; 83-68. CHARLES II. 547 The Commons Resolve, That the Inhabitants of the Boi"ough Ifi62. of Boston, who are not Freemen, have no voices. *• '^» May 16. The Commons Onlcr, tliat every Knif^ht of the '* Shire do give among the Servants of the House IOa-.; every Citizen and Burgess, 5s., and every absent JNleniber double. Those present, not paying before Tuesday, to ])ay double. Ordered, An Entry to be made in the Journals that tliis House hath condescended to agree to a Proviso, touching the Lords being assessed by Peers, not that they were in any sort con- vinced of the Lords' Right in this Particular, but were rather compelled to yield out of the present necessity cast upon them by the shortness of the Session, is.c. May 17- "Though not usual to have a Conference upon Amendments of more Bills than one at once, yet in regard of the shortness of the time, the Lords agree to the Conuiions' desires." The Lords agree to an Assessment of the Peers by other Per- sons than Peers, in regard of the exigence of the time, not with intent to make any Precedent. May 19. The Commons objecting to a Proviso, " That the Ijords have no Power to begin any Bill, or to add any Clause to a Bill that in any kind lays a Charge of money upon the People," the Lords give it up. Many Lords enter the Jleasons of their Dissent, and agree with a Salvo for the Right of Peers to begin Bills relating to Money. The King assents to 31 Public and 39 Private Bills, and pro- noGUEs the Parliament to the 18th P'ebruary. (o) In his Speech, at the close of this Session, the Lord Chancellor says, " INIachiavel, an Author much studied of late in this King- dom, would persuade men to believe that the true reason why so many unexpected Accidents and Mischiefs fall out to the destruction of States and Empires is, because their Governors have not observed the same mischiefs heretofore, in story, from whence they proceeded, and what progress they made, which, if they had done, they might easily have preserved themselves from ruin, and prevented the inconveniences which have fallen out. You are all good Historians, and need only resort to the llecord of your own Memories. Remember how your peace hath been formerly disturbed, by what contrivances and artifices the people have been alarmed by unseasonable and unnatural fears and jealousies, and what dismal efiects those fears and jealousies produced. Remember how near ^Monarchy hath been dissolved, and the Law subverted, under pretence of Reforming (o) In the Lords Privilege is allowed, (Feb. 20) against a Suit; (March 6) Ditto; (March 24) against a forged Protection ; (March 14) on a Suit ; ( April 13) against an Assessment; (May 15) on arrest of a Chaplain ; (June 3; in a Suit ; (June 26) Arrest of a Servant : (June 27) against a Conspiracy ; (July 2) against Carmen who had "jos- tled " a Coach with 3 Peers ; (July 6) Ejectment of Tenants and arrest of a Chaplain ; (July 8) in a Suit ; (July 10) m a Suit against a Tenant ; (July i.'5) in a Suit. In the Cotnmons, (Feb. 21 and 25) on an Action of Ejectment : (Feb. 2G) against Process to attend the Court of Exchequer, Cliester, and against a Lease of Ejectment; (March 10) on Action to try a Title ; (March 18) on Action of Ejectment against Tenants ; (May 7) against the Trial of a Tenant for Tithes, and an Action of Ejectment of Te- nants ; (May 25) on forcible entry into a Member's House; ( May 26) on Salt, the Property of a Member, detained ; (May 27) on an Action; (June 2) on hindrance in Collection of Tithes ; (June 30) on action of Ejectment ; (July 3) against Proceedings in Chancery; (July 10) against Proceedings to try a Title; (July Hi) on Arrest; (July 17) on Action of Ejectment ; (July 25J against an E.xigcntto an Outlawry. Divisions in the Comnwns in April were, 67-59 ; 76-G4 ; 119-84 ; 96-90; 96-H7 ; 94-87: 37-34. In May, 67-48 ; 102-81 ; 95-89 j 8G-76; 113-68; 97-84 ; 84-67 ; 68-38 ; 91-89: 92-34. 548 CHARLES II. 16C2. a7id Supporting Government, Law and Justice. Remember how *• R« many honest jiersons were misled by not discerning consequences, ^^ who'would as soon have renounced their part in Heaven, as have concurred in the first unwarrantable Action, if they had suspected what would follow. An Enemy is amongst us of whom we are not jealous enough, and towards whom we cannot he too vigilant, in comparison of whom we may reasonably undervalue all other Enemies — the Republicans and Commonwealths men who are every day calling in aid of the Law, that they may overthrow and abolish the Laiv, which they knoiv to be their irreconcileable enemy. There is a very great party of these men, who have no Religion, but as the pretence seems to advance their Faction." 1663. February 18. {Wednesday.) The 5'ecowc/ Session of the Second A. R. Parliament opens. 15 The King addresses the Houses. Feb. 23. The Lords' House is called. Present, 13 Bishops, His Royal Highness the Duke of York, the Duke of Cumberland, the Lord High Treasurer, the Lord Keeper of the Privy Seal, 2 Dukes, 2 Marquisses, the Lord Cham- berlain, 24 Earls, 2 Viscounts, 33 Barons. Absent, 33 Barons, 10 Bishops, 6 A^iscounts, 28 Earls, the Lord Steward, the Lord Great Chamberlain, 2 Marquisses, 3 Dukes, the Archbishop of York, the Lord Chancellor, the Archbishop of Canterbury. The liord Privy Seal is, by Commission, appointed Speaker, on the illness of Sir Orlando Bridgman, Knight and Baronet, Lord Chief Justice of the Common Pleas. The Commo7is Order that the Journal Book shall be perused every Saturday Afternoon. Feb. 28. The Houses adjourn to the 5th of March, March 5. (Thursday.) Report is made to the Lords of Acts touching the King's Power in Ecclesiastical AiFairs. Several, not Members, having access to the Speaker's Chamber and Gallery, the Commons Order that the Back Door shall be constantly shut while the House is sitting. March 21. Charles Henry Wotton, de Wotton, Chevalier, is introduced, and placed on the Barons' Bench, between Lord Lexington and Lord Langdale. (p) April 6. (Monday.) The Lords Order, that no Person not capacitated to be present at the Debates, be suffered near any of the Doors of the House ; and that no Footmen or Ijackies be admitted into the Painted Chamber. April 8. The Commons Resolve, tliat the voices for the Town of Northampton, do not belong to the Mayor, Aldermen and 48 only. A JNIember charged with words spoken at a Committee, is allowed Privilege against those complained of for ill managing the Excise. April 14. The Commons Order a Call of the House on JMonday Fortnight, and a Penalty of £5, for Absence. The Houses adjourn to the 29th. May 4. (3Tonday.) The House is called, and an Order made that £'5 be collected from all Defaulters. Resolved, the House again to be called this dav fortnight, with a Penalty of £10. (/)) Divisions in February were, 131-96 ; 1G1.119. In March, 69-G4 ; 124-106. CHARLES II. 51') Mai/ 8. Report is made in the Lords concerning Fees on the 16G3. Translation of Bishops, and on Lords' Descents, to be paid to a. r. the Officers of the House. 16 MuT/ 20. Oi-dered in the Commons, to declare the ancient order and coiu-se of the House, "That when a Bill is Committed, no frivate INIember ought to take it away, but the Clerk of the louse, or his Deputy, is to attend with the liill and Order, at the time, and place appointed for the first meeting, and deliver the same after the Chairman is chosen." Mdi/ 23. The Committee of Privileges Report, " That, in their opinion, the Burgesses and Inliabitants of Haverfordwest, and the Inhabitants which pay Scot and Lot, have voices in the Election." 3107/ 30. The Countess of Dorset claims the Titles of Clifford, Westmorland and Vescy. The King refers the Claim to the Lords, (q) June 2. {Tuesday.} The Commons give Serjeant Maynard leave to be of Counsel with a Member, before the Lords. June 3. Lord Langdale presented in the Spiritual Court of the Archbishop of York for not coming to Church, and being summoned, claims Privilege. The matter is refeiTed. June 5. The Houses adjourn themselves to the 12th. June 16. Resolved, a present Supply to His INIajesty to be levied by way of Subsidy. On the 18th, a Report is made as to Subsidies, Eliz., Jac. and Car. June 2(i. The Lords Order, That upon any account to be made in His Majesty's Court of Exchequer by any Peer in his own Person, the said account shall be taken upon his Honour only, but when made by Servants or Agents, then, upon Oath. June 27. The Earls of Bridgwater and Middlesex are repre- hended, having been committed to Black Rod and the Tower, on a Quarrel. July 10. (Friday.) The Earl of Clarendon, Lord Chancellor, accused of High Treason by the Earl of Bristol, declares his Innocence. July 13. The Judges Report on the Articles against the Earl of Clarendon, "That a charge of High Treason cannot, by the liaws and Statutes of the Realm, be originally exhibited by any one Peer against another, unto the House of Peers, and that therefore this Charge hath not been regularly and legally brought in. Secondly, That if the matters alleged were admitted to be true, yet there is not any Treason in it." The House Resolves to concur with the Judges' opinion. July 15. The Archbishop of Canterbury acquaints the Lords, " The Clergy in Convocation assembled have presented to the King a grant of Four Subsidies, which His Majesty hath com- manded him to deliver to this House, that so it may receive the usual confirmation of the Houses of Parliament." Mr. Attorney General is Ordered to put it in the usual man- ner of Proceedings, as formerly hath been. July 16. The Commniis Resolve, That no Wife or Servant of any iVIember of the House ought to have Privilege of Parliament allowed in any case against the Husband of such Wife, or the Master of such Servant. July 17. Resolved by the.Commons, INIr. Henry Wotton, who (7) Divisions in jlprH were, 44-31, 42-32; 116-U2 ; 108-91; 64-C9. In May 120-85; 119-89; 124-9j ; 77-38; 116-87; 117-81; 105-104; 128-7ii. 550 CilARLliS 11. 1(>(>3. has constantly officiated as Chaplain this Session, to be recom- A. 11. . mended to the King for some Ecclesiastical Dignity or Prefer- 15 ment. July 18. The Lords nominate Commissioners to Assess Peers. July 20. The Commons Resolve to recommend James North- folke, Esq., Serjeant-at-Arms, to His Majesty for increase of Salary. July 27. In the Lords, Report is made from the Committee of Privileges concerning the Introduction of Peers by Descent. A Bill for the better observation of the Sabbath being lost oiF the Table, every Lord is called by name, and those Present make their Purgation, as do likewise the Assistants. It is Ordered, that if those Absent do not bring it in time to pass the lloyal Assent, they shall be proceeded severely against. The King passes 14 Public and 12 Private Bills, and prorogues the Parliament to the Kith ]\Iarch. (r) 1661.. March 16. {Wednesday.) The Third Session of the Second A. K. Parliament commences. 10 In the absence of the Lord Chancellor, from indisposition, Sir Orlando Bridgeman is continued as Speaker. The Houses adjourti to the 21st. March 21. The King addresses the Houses. March 22. The Commons Resolve that a Bill be brought in for llepealing the Act " for preventing inconvenience happening by the long Intermission of Parliaments " — (Triennial Act.) March '6\. The Lords pass a Bill sent up, "for assembling and holding of Parliaments once in three years at least, and for repealing, &c. &c. " April 5. {Tuesday.) The King gives his Royal Assent to the above Act. " Le Roy le veult." April a. The Houses adjourn to the 18th. 3fayQ, {Monday.) The Oilicers of the Lords' House petition for tlieir Fees on the discharge of Delinquents ; which are Ordered accoi'dingly. May 13. A Report is made, in the Commons, on Expedients for the better attendance of Members. ]Mr. Pryn is reprehended by Mr. Speakei", for breaking an essential CJrder, in altering and interlining a Bill after Commit- ment. He acknowledges his Error. May 17. The King prorogues the Parliament to the 20th of August, (s) (rj For the Report on Peers by descent see Lords' Journals, xi. 576. Divisions in June weie, 9(i-'Jj; 117-78; 159-111 ; 90-oO; 126-100; 90-13; 93-49; 59-55,49-45; 89-94; 91-GG ; 125-61. In J«/y. 74-59 ; 84-n9 ; 73-61 ; 95-68 ; 144-68; 110-81; 8t-82; 97-87; ';0-67 ; 87-84; 82-65; 58-57; 90-75; 27-19; 61-51; 4l'-30 (sj The Cases of Privilege in the Lords are, (March 28) on Dispossession of a Rectory ; (March 31) to a Peeress on an Arrest ; (April 29) in a Suit against Tenants; (May 10) a Chaplain put out of Possession ; ( May 12) on goods taken by a Levari Fa- cias out of the Exchequer ; (May 11) an Auditor and SoUcitor arrested, and against an Action of Ejectment. In the Commons, (April 19) on Proceedings to try a Title ; (April 21) against Actions of Ejectment. Divisions in Jl/az-cA were, 129-42; 140-83; 134-88. In Jpril, 98-86; 92-69; 145-105; In A/f/y, 76-70; 105-94; 130-68; 118-63; 102-91 ; 11S.64; 133-95; 104-98. The Triennial Act was repealed on the recommendation of the King, " as derogatory to the Honour of the Crown, serving to discredit Parliaments, and make the Crown jealous of Parliaments, and Parliaments of tlie Crown." The Speaker declares the Act "tube derogatory to the essential Prerogative of the Crown of calling, holding, and dissolving Parliaments, unpracticable, and only useful to teach the Pe.ipic to l.cbcl." The New Bill more distinctly provides " That Parliaments shall not be lute, jtiiticU above three years." CHARLES ir. 551 August 20. (Saturday.) The Parliament meets and is pro- 1604. noGtTED, by Commission, till the 24th of November. a. ii. November 24. (Tliursday.) The Houses meet. (Fourth '6 Session, Second Parliament.) Sir Orlando Bridf,niian, Lord Chief Justice of the Common Pleas, is Speaker. Dec. 6. Ordered. No Lords to be absent without leaving Proxies. Dec. 7. The Lords' House is called. Present, 2 Archbishops, 13 Bishops, Dukes of York and Cumberland, I,ord High Trea- surer, Lord Keeper of the Privy Seal, Dukes of Richmond and Albemarle, :Marquis of Dorchester, Lord Great Chamberlain, liOrd Steward, Lord Chamberlain, 18 Earls, 3 Viscounts, 25 Barons. Absent, 42 Barons, 9 Bishops, 4 Viscounts, 34 Earls, 3 Marquisses, 3 Dukes, and the Lord Chancellor. Deo. 13. Lord Clifford is allowed Privilege against shutting up a way, and barring the Passage for Coaches, &c. Dec. 20 and 22. The Houses adjourn themselves to Jan. 12. (t) Jan. 25. {Wednesday.) The Commons Order that the Lord 1665 Chancellor be desired to give Order that Writs for Electing, &c., when Sealed, be delivered to the proper Officers, or if not in Town, to one of the Knights that serve for the Counties, &c., some Writs having lately miscarried. Jan. 31. Lord Privy Seal is appointed Speaker, by Commission, a. r. The Commons Agree to the Lords' Alterations in a Bill to grant 17 an Aid to the King. Feb. 9. An Act passes for taxing the Clergv in Parliament, in common with the Peoj)le. The Parochial' Clergy gain the new Privilege of voting for iMembers of the House oSf Commons. Feb. 20. The Lords appoint a Committee to search for Pre- cedents concerning Bills begun in either House, relating to Judicature. Feb. 28. On Petition, the King agi-ees to prolong the Session. March \. {Wednesday.) Privilege is allowed to the Duke of York, Sir H. Middleton, Bart., Gentleman Usher in Ordinary to his Royal Highness, being arrested. March 2. The Lords make a Declaration to assert the Privileges of their House, that all Bills for restoring Persons in Blood shall begin here, after they have the King's Allowance, though the Lords have passed Sir John Stanley's Bill, first brought into the House of Commons. The King passes 9 Public and 17 Private Bills, and prorogues the Parliament to the 21st of June. (71) June 21. {Wednesday.) Sir Henry Bennett, Knight, is in- (O The Cases of Privilege were in the Lords, (Dec. 1) in a Suit; (Dec. 2) on an Exigent and Capias issued, and in a Suit. In the Commons, (Nov. 25) against a Process at Law. * Divisions in the Comvions \n November inere, Vii-\01. In December, S3-42- 88-8G • H9-71 : 124-84; 105-71; 89-G5 ; 108-82; 107-92. ' ' (u) The following Cases of Privilege occurred during this Session. In the Lords (Jan. 12) against scandalous words; Uan. 19) aerainst Rntry upon an Estate ; (Jan. 24) on being sued to an Exigent; Jan. 28) a chaplain arrested ; (Feb. 9) scandalous words; (Feb. II) on Tithe Corn forcibly carried away ; (Feb. 28) in .Suits for Arrears of Heut In the Commons, (Feb. 10) against a Suit ; rFeb. 15) against an Action at Law. In the following Session, (Oct 21) tlie /-orrf.s allow Privilege, on a Peer's waa-'on being detained. ^° Divisions in the Commons in .Tannarv were, .55-44; 79-G9 ; C8-G5 ; '•8-41 • 87-7G- 83-50; 98-71; 41-39 ; 78-.54. In i='f6;7n>?ions, ( Nov. 15) on a Subpoena in Chancery • (Nov 27) in a Suit ; (Dec. 2) on Arrest of a Bailiff ; ( Dec. 1 1 ) on distraint of Cattle ' Divisions in October were none. In Novetnber, 194-128; 172-103; lGl-89 • 58 38- 95-75. In DeceCTier, 62-17; 82-65; 40-34; 121-72 J 101-05; 109-55; 81-76 ' 558 CHARLES II. 1668. Feb. 20. The King refers to the Lords the Petition of Ben- A. H. jamin Mildmay, Esq., as to the Barony of Fitzwalter. 20 March 6. The Commons adjourn to the 26th. The Lords con- tinue to sit. March 13. The Lords appoint a Committee to inquire whether a Peer beyond Seas may leave his Proxy. March 18. The Countess of Lyncolne is alloAved Privilege, her Coach and Horses being taken in Execution for a pretended Debt of32«. The Houses adjourn to the 26th. March 30. liord Robertes has Leave to give Information to the House of Commons. March 31. The Lnrds declare it to be regular for the Lords to send Messages when they please to the House of Commons, to put them in mind of Bills sent down from this House. The Cnmmons Resolve, that there is no Fee due for Orders or Writ of Elections, upon Admission of Members to this House. April 1. (Wednesday.) The Lords refer to the Committee of Privileges to consider of Baronies given to Peers' Eidei Sons, when Barons are created to higher Titles, &c. April 6. The Commons Resolve, that Defaulters on this day Se'nnight, and those absent three days without Leave, shall pay £10. April 21. The Lords Order Counsel to be heard as to the Barony of Fitzwalter, "Whether a Barony in Fee shall descend to the Half Blood," and, " AVhether it may be merged in an Earldom in Tail." The Commons impeach Sir W. Penn, Knight, a Commissioner of the Navy, for High Crimes, &c. April 23. Lord Gerard has Leave to vindicate himself in the House of Commons. April 24. On the Petition of the Under Clerks, the Commons Order that every Knight shall pay \0s., and other Members, 5*., to be distributed. April 25. The Commons Order inquiry as to the Author of a Printed Paper in the name of some indigent, loyal Officers. April 27- Report is made in the Lords of Precedents of Im- peachments for INIisdemeanors. («) May 5. ( Tuesday.) The Lords make a Standing Order, that in Bills coming up near the time of Adjournment, no Argument shall hereafter be used (as of shortness of time) to precipitate the passing of such Bills, but that due consideration may be had according to the Course of Parliaments. May 7. The Question is Negatived in the Commons, That a Message be sent to His INIajesty, that the Adjournment be for as long a time as his Majesty's occasions will permit. iMr. Speaker asking the opinion of the House, whether, the adjournment being long, he ought to be attended by the JIace, aiid forbear to practice, It is declared that he ought to be at- tended with the iNIace, as in time of Shorter Adjournments. May 8. The Commons Order, that Persons in Custody, and not heard, shall have Liberty, on Security : also, that Persons in Custody, when they have yielded Possession, and done what is in their Power to perform, shall be released on their Security, without paying Fees during the adjournment. (a^ For these Precedents see Lords' Journals, xii. 234. The facility of consulting these Journals is at all times great, in consequence of the Marginal References, which are wholly wanting in the Journals of the Commons, CHARLES II. 559 May^. Tlic Kinpf passes 1» Bills and Uio Houses adjourn 1068, llieniselvcs to the 11th August, according to His Majesty's a. r, pleasure, (b) 20 Atigust 11. (Tuesday.) The Parliament is again adjourned, by the King's Proclamation, to the lOtli November. November 10. {Tuesday.) A further adjournment takes place to the first of INIarch, 1(>(J!), by a Message from the King. March I. (Monday.) The King, by Proclamation and Com- 16G9. mission, 1'rouogues the Parliament to the 19th October. a. r. October \\). (Tuesday.) {Eighth Session of the Second Parlia- 21 ment.) The King and the Lord Keeper address the Houses. Henry Lord Sandys takes his Seat, on the death of his Brother. Oct. 22. The Commons Order an Lidictment against Chiswell, for printing an Unlicensed Book, " The Grand Question." Ordered, A Bill to j)revent Abuses and Extravagancies in electing JMembers, and for regulating J^lections. The House is called. Defaulters are to be called this day fortnight. Oct, 25. James, Kai'l of Sarum, first sits, on a Writ of Sum- mons, 11 Oct., 21 Car. 2. The Duke of York is added to all the Committees. Oct 2(j. The Lords' House is called. Present, Dukes of York and Cumberland, Sir O. Bridgman, Keeper of the Great Seal, Archbishop of York, 10 Bishops, 2 Dukes, 1 IMarquis, Robert, Earl of Lyndsey, Lord Great Chamberlain, James, Earl of Brecknock, Lord Steward, Edward, Earl of Manchester, I,ord Chamberlain, 15 Earls, 21 Barons. Absent, 42 Baron.s, 12 Bishops, 6 Viscounts, 34 Earls, 2 Marquisscs, 5 Dukes, Lord Keeper of the Privy Seal, Archbishop of Canterbury. It is referred to the Committee of Privileges to consider of the Lord Banburie, omitted in the liist of Lords. November 3. {Wednesday.) The Commons Order a new Writ for Bath, in place of AVilliam Pryn, Esq., deceased. Nov. (J. The liord Chief Justice Vaughan is Commissioned as Speaker, the Lord Keej)er being Sick. Nov. 2. A Call is made of the Lords Absent at the last Call. Resolved. Tliat a fine of £40 be put upon those now absent, namely 10 Barons, 8 Bishops, 2 Viscounts, 25 Earls, 2 Marquis- ses and 5 Dukes, of whom Seven only are excused. Nov. 22. An Act passes the Lords, "for limiting certain Trials in Parliament and Privilege of Parliament, and for farther ascertaining the Trials of Peers, and all other His Majesty's Liege Subjects." Two Peers Protest. The Commons Resolve, That the Right of Election for Eve- sham is in the Common Burgesses, and the Select Election by the Mayor, Aldermen and chief Burgesses, is not good. A Member is reprehended for detaining in his hands the Writ for the Borough of Tamworth. CbJ Cases of Privilege in the Lords' House, in the Session Feb. C, 1GC8, are (Feb. 1.5) against a Kiot on a Peer's Estate ; (Feb. 20) a Tenant arrested for'J'ithes; (April 1) on disturbed Possession in a House. In the Commons, (Feb. 21) to a Witness in a Cause in the House; (March 10) on Horses and Goods taken in Execution; (April 10) on Subpoena; (April 13) on seizure of certain Salt Works ; (April 20) on a Summons to the Herald"s Court, and on arrest of a female Servant, and Tenants turned out of Pos- session ; (May 1) on certain Tin seized. Divisions in February were, 117-100: 122-99; 90-78. In MaicA, 128-66; 72-36; 66-4+ ; 124-96; e8-57 ; 4:2-26 ; 2.i-2.5 ; 58-39. In Ap,il,5<)-29 ; SS-.W ; 125-78; 176-70; 116-73; 59-36; 79-60; 74-70 ; 149-40 ; 79-77; 98-75; 124-58 ; 75-74 ; 76-74 ; 81-41; 84-69; 100-93; H4-78. In May, 131-93; 32-23 ; 33-2!. 4c 5G0 CHARLES II. 1669, Nov. 25. A Report is made on the Title of the Earl of Ban- A. n, bury. 21 December 7. (Tuesday.) The Commons Resolve, that for the Town of Briclf:rewater, the Eight is in the majority of the Cor- poration, consisting of a Mayor, Aldermen and Capital Burgesses j Total 24. In the present case, eleven gave their voices for Mr. Palmer, and eleven for Sir F. Rolle. The Mayor as a Burgess gave his voice for him, and then as Mayor gave his casting vote. Some, not elected Burgessss, gave their voices for Su' F. llolle. Resolved. IMr. Palmer is duly chosen. Dec. 11. His Majesty PRonoGUES the Parliament, by Com- mission, to the 14th February, (c) 1G70. February\A. {Monday.) ri\^!«//j Session of the Second Parlia- A. K. ment.) The King and Lord Keeper speak. 2^ Benjamin IMildmay, Lord Fitzwalter, takes his Seat on a AYrit, and is placed, with a Salvo, as the lowest Baron. The Commons Order a Writ, &c., in place of INIr. Serjeant Littleton, called up as an Assistant to the House of Lords ; and many others, Feb. 21. The Lords' House is called. Present, the Dukes of York and Cumberland, 2 Archbishops, 11 Bishops, Keeper of the Great Seal, Duke of Richmond, ]\Iarquis of Worcester, Lord High Chamberlain, Lord Steward, I^ord Chamberlain, 29 Earls, 5 Viscounts, 38 Barons. Absent, 25 Barons, 11 Bishops, 4 Viscounts, 2G Earls, 2 Marquisses, G Dukes, Lord Keeper of the Privy Seal. Feb. 23. A Petition of the Earl of Banbury for a Writ of Summons is referred. March 4. {Friday.) The Lords send down a vote on the Union between England and Scotland. March 17. W., Earl of Marlborough takes his Seat on a Writ, 15 March, 22 Car. 2. March 21. The King (for the first time) attends a Debate. '' He was come to revive a Custom of his Predecessors long dis- continued, to be present, but not to interrupt the freedom of Debate;" he desires the Lords to sit down, put on their Hats and proceed. March 23. "Memorandum; Before the INIessengers of the House of Commons were called in, the King withdrew, and he returned into the Chair of State after the Message was declared," March 24. Ordered, That the King be thanked for coming frequently to the House. Ordered. No Strangers to be admitted when the House is sitting. March 26. The Commons Resolve, that the Right of Election for the Borough of Tamworth is in the Bailiffs and 24 Capital Burgesses, and not in the Populacy and Burgesses at large. March 30. " Memorandum, (in the I^ords), His Majesty did not withdraw, but sat in his Chair when a ]\Iessage was delivered from the Commons." (c) Cases of Privilege occurred in the Lords, (Oct.iO) arrest of a Servant; (Xov. 15) in a Suit ; (Dec. 3J on Arrest ; ( Dec. 8) a Ditch made in Freehold Lands. In the Commons, (Nov. 19) on Assault ; ( Nov. 27) a Subpoena ; ( Dec. 1; on trial of Tenants. Divisions in Oc^oJer were none. In November, VIT-UG; 14G-93 ; 138-120; i;i2-120; ir.8-U7; 182-144. In December, 116-114; li'l-US ; 110- 70i 29-19 ; 6G,3J ; 120-UU; 100-97. No Act had been passed in this Session. CHARLES II. 561 Ordered. Lords having occasion fo speak witli one another, 1670. the House sitting, to go below the Bar, or the Speaker to stop *• •»■ the I'roceedings. 22 April 5. (Tuesday.) In a Bill against Conventicles, seven Peers Protest against a Clause for searching Peers' Houses. April 8. The Commons Order, that the Back Door of the Speaker's Chambers be nailed up, and not oj)ened during any Sessions of Parliament. Resolved. Sir John Prettiman to be suspended sitting and from all Privileges, for claiming for one, not his Menial Servant in truth. April 11. Ordered, that the Lords do assert it to be their undoubted Right in Judicature, to receive and determine Appeals in Inferior Courts, though a ]\Iember of either House be con- cerned, that there may be no failure of Justice in the I^and. The King passes 38 Acts, and the Houses adjourn to the 24th of October, according to His IMajesty's pleasure, {d) October 24. (Monday.) Lord Howard, of Castle Kising, is in- troduced by Patent, 27 iVIarch, 21 Car. 2, and by Writ of Sum- mons, and is placed at the lower end of the Barons' Bench. Lord Lovelace sits on a Writ of Summons, on the death of his Father. The Duke of INIonmouth is introduced on a Patent, 10 Feb., 15 Car. 2, and AVrit, 21 Oct., 22 Car 2. The King and I^ord Keeper address the Pai-Iiament. Nov. 4. Counsel are heard, in the Lords, on the Precedency of liOrd Fitzwalter. Nov. 10. The Z/ords adjudge, with his lyordship's consent, and with a Salvo, that Lord Fitzwalter be placed as last Baron of the Ileign of Edward the First. Nov. 14. The House is called. Present, 73 Peers; Absent, 94. Nov. 16. Charles, Lord ]\[ohun, of Okehampton, sits by AVrit, 21 Oct., 22 Car. 2, on coming of age, after the decease of his Father, Warwick, Lord Mohun. The Earl of Westmoreland, dispossessed of some Possessions, claims Privilege, but being heard at the Bar, is disallowed. Nov. 23. The Lord Chief Justice of the King's Bench, being sick, it is Ordered that Writs of Error be brought in by the Senior Judge sitting in that Court. Dec. 5. (Monday.) Edward, Lord Ward de Bermingham, takes his Seat by AVrit of Summons, 3 Nov., 22 Car. 2, on death of his Father, Humble, Lord Ward. Dec. 19. A Petition for Precedency from George, Lord Berkeley, is, by the King, referred to the Lords. Dec. 20. The Commons Resolve, that Defaulters on the 9th of Jan., shall be doubly assessed in the Bill of Subsidies. Cd) Cases of Privilege in the Lords are, (Feb. 21) To a Proctor in Convocation, on Arrest; (March'J) on a Suit against a Household Steward; also against Possession taken of a Mill, belonging to a Menial Servant ; (March I'zJ against forcible entry by Constables ; ( Aptil 'J J against Proceedings at Law against Tenants ; (April \\J on a Peer's coach brolien, and a rescue of the ofl'enders. in the Commons. (Feb. 17) on arrest of a Servant; (Feb. 19) in Action against Tenant for Tithes ; ( March 51 on arrest of Servant ; { March 1.5) against contemptuous words spolien ; (March 28) the same ; (.March 30 J on distraint of Cattle. Divisions in February were, 137-130; 175- 138; 17G-127; 18.')-K'5. In March, 91-83; 98-72; 69-52; 92-87; 113-07; 100-99; 45-32; 44-41; 90-8i ; 122-68; 141-65. In April, 42-35; 45-28 ; 47-30 ; 74-40. See the Proceedings at large on the Question of Judicature, Pari Hist. iv. 370. After March 21, the King, during the rest of his Keign, frequently attended the Lords' House. 562 CHARLES II. The Houses adjourn to the 29th, and then to Jan. 3, when they meet, (e) 1671. January 9. {Monday.') The Commons House is called. De- •*• R. faulters are ordered to attend this daj se'nnight, under the former 22 Penalty. Jan. 10. The Commons adopt Resolutions as to an Assault upon Sir John Coventry : and Order a Bill for the Surrender of the Perpetrators of the Assault under Penalty of Banishment, &c. Jan. 14. The Lords Order a. Committee on an Assault upon the Ijord Steward. The Commons pass and send up an Act " to prevent Malicious Maiming and Wounding." Jan. 16. His Majesty appoints Sir Edward Carteret to be Gentleman Usher of the Black Hod, in place of Sir J. Ayton. It passes the Lords on the 24th. Jan. 18. The Commons Order a new Writ for the County of Devon, instead of the now Duke of Albemarle. Information is given of Endeavours to forestal a free Election, by Papers in the nature of Warrants. Resolved, the sending of Warrants or Letters, &c., to be com- municated to Freeholders, or other Electors, is unparliamentary and a Violation of the Rights of Elections. Jan, 26. The King reprimands the Lords' House for Disorder. Privilege is allowed to Dame Elizabeth Harby, the Queen Majesty's Servant, in a Suit. A. R. February 6. {Monday.) The Lords Resolve that Proxies shall 23 be allowed, after the Numbers on a Division are given in. Feb. 10. The jLorafs' House is called. Fresenl, OT. Absent, 97 Peers. The Commons Resolve that in Elections for the Town of Sea- ford, the Bailiff, Jurors, and Freemen have not voices alone, but also the " Populacy." Feb. 14. "Lord Berkeley claims not against the Duke of Norfolk, as Lord Mowbray, but against the Lords Delawarr, Audley, and Abergavenny." Feb. 16. The Commons Resolve that Defaulters, not allowed, shall be sent for in Custody, at their own Charge, and receive the Sentence of the House at the Bar, &c. Sir John CoUadon, Knight, Ancient Servant and Pln'sician to His Majesty, claims Privilege in a Suit, but is, by the Lords, refused. Feb. 17. Report is made in the Commons on the Causes of the growth of Popery, with Remedies. A Petition to the King thereon is agreed to by the Lords, March 10. Feb. 20. Resolved by the Commons, that 20 Members shall be sent for in Custody of the Serjeant-at-Arms. March 1. {Wednesday.) The Duke of Bucks is allowed Priv- ilege for an Assault upon his Servants, in Avatch for the Preserva- tion of his Deer. March 2. At a Conference on a Subsidy Bill, the Commqns (e) Cases of Privilege in the Lords are, ( Oct 27) on " outed " Possession of Premises; ( Oct. 31 ) on Violent Entrance by IJailiffs ; ( Nov. 4 J on molestation in collecting Tithes ; (Dec. 2) on Writ of Outlawry. In the Commons, ( Oct. 31) against seizure of Sheep, &c. ; (Nov. 4) against Subpccna out of Chancery; (Nov. 10) against forcible entry upon House and Land; (Nov. 1(J) against Subpa-na ; ( Nov. 2i) a Tenant turned out; (Nov. 28) on an Injunction out of Chancery. Divisions in Ociofter were none. In Novetnber, 5S-5b ; 43-20. In December, i!>2-i(B-, 130-00; 128-112; 124-111; 137-84; 41-36; 69-03. CHARLES II. 563 object to a Clause ai^ainst breaking open the Houses of Peers 1671. for non-payment of tlie Tax assessed by tliis liilL The Lords •*• •*• aj^ree to leave out the said Clause. 25 March 4. The Duke of Richmond claims Privilege for his Gentleman of the Horse, sued upon the Statute of llecusancy. March 9. The Question, to Commit a Bill " on Privilege" of Parliament," is negatived, with the Protest of 15 Peers: the Karl of Anglesey entering, "Because I conceive there is no Colour of Law to claim a Privilege of freedom from Suits, and for many other Reasons." JMarc'h 13. The Lords Order, that after a Question is put, and the House hath voted upon it, no Lord is to depart until the House have either entered on some other business, or upon consideration of adjourning the House. March 20. The Lords appoint a Committee to discover the Publishers of a Libel derogatory to His Majesty and the Govern- ment, Thomas, Earl of Derby is introduced by Patent, 27 June 26 Car. 2, and without Writ, and is placed at the lower end of the Earls' Bench. The Parliament is prokogued, b}'' Commission, to April 13. 1675, April 13. {Tuesday.) The Thirteenth Session of the Second A, R. Parliament opens. 27 Lord New])ort, created Viscount Newport de Bradford is in- troduced by Patent, 1 1 March, 27 Car. 2. Christopher, Duke of Albemarle first sits, on the death of his Father, George, Duke of Albemai'le, on Writ, 12 April, 27 Car. 2. Charles, Marquis de Winton, first sits on the decease of his Father, by Writ, 27 March, 27 Car. 2. Philip, Earl of Pembroke and Montgomery, sits on the death of his Brother, William, Earl of Pembroke, by Writ, 12 April, 27 Car. 2. Henrv, Earl of Stamford, first sits on the death of his Grand- father, Henry, Earl of Stamford, by "Writ, 2 April, 27 Car. 2. Henrv, Earl of Clarendon, first sits on the death of his Father, Edward", Earl of Clarendon, by Writ, 2 April, 27 Car. 2. William, Viscount Say and Sele, first sits on the death of his Uncle, James, Viscount Sav and Sele, by Writ, 27 March, 27 Car. 2. James, Norrevs de llicatt, Chevalier, first sits as a Peer, by Descent, on Writ dated 12 April, 27 Car. 2. The King and Lord Keeper make Speeches. In the Lords, the Question of now presenting Thanks to His Majesty for his gracious Speech, is carried, with ten Protests. In the Commons, Thanks are also voted to His Majesty. Among new Writs Ordered, is one for AVilts, in place of Lord Cornbuiy called to the Upper House ; for Lynn, in place of Sir Francis "North, called up ; and for Southampton, of Lord St. John, called up to the Lords. April 16. In the Lords it is Ordered, that on Wednesday, the matter of Entering Reasons with Dissents, be considered. Ajjril 17. Charles, Earl of Middlesex, is introduced, by Patent of 4 Feb., 27 Car. 2, and Writ of 16 April, (do.) April 20. The Earl of Dorset is allowed Privilege against the Lord IMayor, who claims the Jurisdiction of Salisbury Court. The Commons Resolve, by 143 against 67, "That Sir John Prettiman, a Member, detained, be delivered out of the Custody of the JMarshall of the King's Bench, b^^ sending the Serjeant- at-Arms with the Mace, to bring him to the service of this House." Arguments against his Release and the Privilege of the House, are drawn from the long continuance of Parliament. April 21. Against a Bill to prevent dangers from disaffected Persons, 23 Peers Protest, "as the highest Invasion of the I>iberties and Privileges of the Peerage, and of them as Members of Parliament, &c." April 22. The Commons allow Privilege to a Member dis- placed from his Place of Recorder, for the City of Canterbuj-y, by the IMayor and Aldermen. A Bill is read to prevent any Member of the House of Com- mons taking any Public Oilice, but is rejected (29th) by H.")-!];! April 24. The Lords' House is called. Present, Dukes of CHARLES II. 571 York and Cumberland and 101 Peers. Absent, 79, (15 Infra 1075. ^tatem, l(i Proxies.) a. n. A Bill passes to rej^mlate the Trial of Peers. 27 Twenty-one Peers Protest af^uinst the Commitment of a Bill. The Co«/wo/iA- read an Impeachment against the Earl of Danby, Lord High Treasurer. April \W. The Lords Resolve, that no Oath shall be imposed by any Bill, or otherwise, on the Peers, with a Penalty in case of refusal, to lose their Places and votes in Parliament, or l^iberty of Debates therein ; and this to be a Standing Order. Itobert Villiers, Son and Heir of J Viscount Purbeck, and Baron of Stoke, petitions for a 'Writ of Summons. May 5. A jMember of the Commons being directed to answer before the Lords, the Connnons send up to assert their Privilege. May G. A Keport is made, in the Lords, on the Privileges of the House of Commons, in Appeals to this House. Resolved. It is the undoubted llight of the Lords in .Judica- ture, to receive and determine, in time of Parliament, Aj)peals from Inferior Courts, though a INIember of either House be con- cerned, that there may be no failure of .Justice in the Land ; and from this Kight and the Exercise of it, their Lordships will not depart. Maij 7. Sir John P^agg, from the House of Commons, appears personally on Summons, and is allowed time for his Answer. May 10, The Lnrds Order a former Judgment of this House, not aiiinned, to be lie-heard. Six*'eers Protest. The Commons refer to the Committee of Privileges a Petition, complaining of undue means and practices used in obtaining a Charter for sending two Burgesses to serve in Parliament for the Town of Newark, (m) May 14. Dr. T. Shirley is arrested by a Warrant from the House of Commons, for prosecuting his Appeal against Sir J. P'agg, a INIember, during Privilege. The Commons send up a Complaint against Lord Mohun, for taking the AVarrant from their ]\Iessenger. The Lords Order, that the Lord Mohun hath done nothing but his Duty, and that Shirley be privileged and protected by the Authority of this House. The Commons Resolve, that Mr. Speaker do issue his Warrant, &c., for the Election of Two Knights for the County of Durham, according to the Act of Parliament lately made. Resolved. It appearing not plain who shall order the Election or be judge of the Poll, in the City of Durham, the further con- sideration is adjourned. 3Iay 15. Thomas Cromwell de Oakham first sits, upon Descent, by Writ, 11 aiay, 27 Car. 2. The Commons Resolve, that the Appeal brought by Dr. Shirlev in the House of Lords against Sir John Eagg, a Member, and the Proceeding thereupon by Loi-d Mohun in forcibly taking and detaining the Warrant sent up for his Apprehension, is a Breach {m) On a Division, in the debate on the King's Answer for recalling the Forces, a dispute respecting telling the numbers, grows so hot that all order is lost, 'ihe Speaker rising from his Seat near the Bar, in a resolute but slow pace, resumes the chair, saying, that to bring the House into Order again, he took the Chair, though not according to order. "The doing of it was generally approved, as the only expedient to repress the disorder. He maintained the dignity of the Chair, after that of the House was gone, and obliged every Member to stand up in his place, and engage his honour not to resent anything of that day's proceedings." 572 CHARLES II. 1676. of the undoubted Rights and Privileges of the House of Coni- •*• •*• mens, the Commons therefore desire there may be no further ^^ Proceedings in this Cause. On a Second and Similar Case, the Commons Resolve, that who- soever sliall appear at the Bar of the Lords' House, to prosecute any Suit against any INIember of this House, shall be deemed a Breaker and Infringer of the Rights and Privileges of this House. May IT. In the Lords, Report is made of a Conference on Sir John Fagg. The JjOi'ds renew their former Resolution, and return the same Answer to a Message on an Appeal against another Member. The Lords sending a INIessage to know if a Warrant signed by Edward Seymour, Speaker, is Ordered by this House : Resolved, " This Message is Unparliamentary." At the Conference, the Commons deliver their Reasons. In a Debate on the Question, "Whether any new Bill shall be received ; Mr. Eyre " wishes the digestive faculty of the House were answerable to the hands that feed it, that they might dis- patch what business is before them. He moves, that no others be received but what mav come from the Lords," which is agreed to. May 18. The Commons again Resolve, that it is the undoubted Right of this House, that none of their Members be summoned to attend the House of Lords during the sitting and Privilege of Parliament ; and they desire another Conference. Ufay 19. The Duke of Bucks is allowed Privilege on the breaking open the Laboratory, and on Arrest of his Alenial Servant. 3Tay 20. Heads are submitted to the Lords for a Conference on Shu-ley's Appeal. The Commons Report Reasons of Privilege in aU Cases, except Ti-eason, Felony and Breach of the Peace, (n) May 21. Thomas, P'arl of Sussex is introduced, b}' Patent, 5 Oct., 26 Car. II, and Writ, 19 INIay, 27- Another Conference is held on the Question of Privilege. May 26. The Commons^ House is called. Ordered. Letters to the Sheriff's of Counties, and to the Mayor, Bailiff, and proper Officers of Cities, &:c., whose INIembers are Defaulters, that Notice may be taken of tlie failure of their Duties, &c. May 27. Four Counsel refuse to plead in the Lords against a Member of the Commons, by Order of the House of Commons. The Lords Order the Counsel to attend, and refuse a Con- ference. (») (A/ay 20, 1G75.) The Cowwonj maintain, that by the Laws and usage of Parlia- ment, Privilege of Parliament belongs to every Member of the House of Commons in all Cases except Treason, Felony and Breach of the Peace, which hath often been declared in Parliament without any exception of Appeal. (2) That the reason of that Provision is, that the Members of the House of Commons now freely attend the affairs of that House, without disturbance or interruption, which doth extend as well to Appealsbefore the House of Peers, as to proceedings in other Courts. (3) That by the constant course and usage of Parliament, no Member of the House of Commons can attend the House of Lords, without the especial leave of that House first obtanied, much less be sum- moned, or compelled to do so. (4) If the Lords shall proceed to hear and determine any Appeal, where the party neither can nor ought to attend, such proceedings would be contrary to the Rules of Justice. (.')) That the not determining of an Appeal against a Member of the House of Commons, is not a failure of Justice, but only a Suspension of Proceedings in a Particular Ca>e, during the continuance of that Parliament, which is but temporary. (6) That in case it were a failure of Justice, it is not to be remedied by the House of Lords alone, but it may be by Act of Parliament." See the Lords' Answers, Cobbclt's Pari. Hist. IV. 726-7. CHARLES II. 573 Maij 28. The Lords allow Privilege to Lord Crew, against 1G75. Reflections upon him, as a Trustee. a. r. The Commons Resolve, that there lies no Appeal to the .Tudi- 27 cature of the I^ords in I'arliament, from Courts of Equity. Resolved, No jNIeniber of this House do ))rosecute any Ap])3al from any Court of Equity, before the House of Lords.' lleport is made on the Lords refusing a Conference on the particular case, but agreeing as to their Privileges in General, and it is Resolved, that a liimitation (that nothing may be offered that may any way concern their liordships' Judicature) is, in effect, a Denial of any Conference at all upon the desired Subject; and that this manner of agreeing to a Conference, is against the course of Proceedings betwixt the two Houses of Parliament, in coming to a Conference. May 31. The Commons not attending a Conference desired, the Lords declare it an interruption to Parliamentary Proceed- ings, &c. Sir J. Fagg having put in his Answer, Counsel are assigned to Shirley, (o) June I. (Tuesday.) Black Rod demands Serjeant Pemberton and other Counsel now in Custody of the Serjeant at Arms of the House of Commons, for appearing at the Bar of the House of Lords against a JNIember, &c. The Commons Order,that Sir John Fagg be sent to the Tower, having, without Leave, put in his Answer, &c., "for breach of Privilege, after the matter of his Privilege, was, at his instance, in question in this House, and a Message sent up to the Lords in his behalf." Mr. Dalmalioy, who had answered before any thing of the Privilege of this House was in Question, is excused. June 2. Two of the Counsel, taken by the Gentleman Usher, report to the Lords the Proceedings of the House of Commons against them. The Loi-ds Order Protection and Privilege to the four Counsel, and that a Committee prepare Reasons concerning the attaching of the Counsel by the House of Commons. The Commons Report Reasons to be delivered at a Conference. Sir James Norfolke, Serjeant at Arms, having been by foi'ce interrupted in the Execution of an Order for the Arrest of Serjeant Pemberton and others ; it is Resolved, that, for betraying his Trust, in not executing his Office according to Order, he be committed to the Tower, and his Majesty be addressed to appoint another Serjeant at Arms. Ordered. Whereas, Sir .Lames Norfolke, after Order pro- nounced for his Commitment, did withdraw, and is not to be found, the Serjeant at Arms, attending pro tempore, do aj)pre- hend him. June 3. The Lords allow the Earl of Dorset Privilege against (o) In the Lords other cases of Privilege were, in April, many on Arrests of Menial Servants; (May 28) against Actions at Law. In the Comnions, (April 20) against Ejectment of Tenants ; (April 28) against being Impleaded and forced to put in liail ; (May 5) against Declarations of Ejectment ; (May 17) on Subpoena out of the Exche- quer; on an Outlawry and Exigent thereon ; on Summons to attend an Execution of a Commission out of Chancery ; (May 11 ) Resistance in Execution of Warrant ; (May 21) on an Injunction out of Chancery to restrain felling of Wood. Divisions in ylpril were, 143-67; 88-74; 133-111; 181-105; 145-113; 141-1S7. In Jl/ay, 119-99; 14G-132; 173-172; 154-108; 151-127; 1(.9-121 ; 75-69 ; 140-119; 94-94 ; 124-116; 136-llG. 574 CHARLES II. IG73. an Assault upon a Constable of Salisbury Court, his Lordship's A- H. lloyaltv. 27 The "ivords talce notice of the House of Commons ordering info Custody the Counsel at Law assigned by their Ijordsliips in an Appeal, and declare it to be "an unexampled L^surpation and breach of Privilege against the House of Peers." They set them at liberty, and prohibit tlie Lieutenant of the Tower, and all other Keepers of Prisons, from arresting or imprisoning the said Gentlemen, and offer a Roll of Parliament, 1 Hen. IV. June 4. The Commons thank ]Mr. Speaker for causing the four Counsel to be attached, and Order that they be sent to the Tower. Resolved, John Topham, Esq., Serjeant at Arms, to have Pri- vilege. lieport is made of Reasons against the liords' Declaration, and Judgment on INIatters of Privilege, referring, instead of 1 Hen. IV., to 4 Edw. III., n. 6. ' The Lords Order the Serjeant at Arms to be attached ; and an Address to the King to appoint a new Serjeant at Arms to the House of Commons. His Majesty gives the Order accordingly. The I>ieutenant of the Tower refusing to give up the Counsel on an Order of the liords, they Address His IVIajesty to remove him, which " the King cannot do with Justice." June 5. The Commons receive a ^Message from His Majesty, " That whilst they are debating about their Privileges, he will not suffer his own to be invaded." Resolved. " It doth not appear to this House that any member thereof hath either contrived or promoted the Difference between the two Houses, or in asserting the Rights of the Commons of England and the Privilege of this House, to have done anything inconsistent with his Duty or the Trust reposed in him." June 7- The Lords Declare that the Ijieutenant of the Tower has acted contrary to the Duty of his Place, and the I^aw of the Land. Ordered, the liOrd Keeper to issue Writs of Habeas Corpus, and J. Topham, late Serjeant, to be attached. The Commons Resolve, nem. con., " If any Person or Persons shall be aiding and assisting in putting in Execution any Sentence or Judgment that may be given by the House of I^oi'ds on the Ajipeal against Sir John Fagg, he shall be adjudged a Betrayer of the Rights and Liberties of the Commons of England, and of the Privileges of the House, and shall be proceeded against ac- cordingly." Ordered, the I-ords having Ordered a Habeas Corpus under the Great Seal for bringing the Counsel to their IJar, that a Com- mittee do inspect the Lords' Journals touching the Commitment of the said Persons. The Clerk of the I^ords refuses an Inspection. Resolved, No Person connnitted for lireach of Privilege, by Order of this House, ought to be dischai-ged during the Session of Parliament, but by Order or Warrant of this House. Resolved, The liieutenant of the Tower shall have the Assist- ance and Protection of this House, and is not to remove or deli- ver Persons Committed, without the Order and Directions of this House. June 8. The liieutenant of the Tower refuses to deliver, as CHARLES II. 575 the Writs of Habtas Coi'pus are made by the Cursitors, and not 1G75. by the Cicrk of the Crown. a. k. The Judges give their Opinions, " That being under the Great 27 Seal of Engianil, they are good and etfectual in Law, by what hand soever written, and that an Alias Habeas Corpus is good in I^aw, and, notwithstanding the former is not returned, is well issued in that Case." The Lords Order tlie Clerk of the Crown in Chancery to make out Alias Habeas Corpus. The Commons Order Sir .T. Eobinson, Lieutenant of the Tower, to forbear to return the Four Writs of Habeas Corpus, and de- clare that he would be in no danger in not returning. Beso/verL A Committee to examine Precedents concerning Writs of Habeas Corpus, and Keturns thereof!, in like cases. June !). The Commons Iteso/re, that no Commoner of Eng- land, committed by Order or Writ of the House of Commons, for breach of Privilege, ought, without Order of the House, to be by any Writ of the House of Lords, or other authority what- soever, made to appear and answei', and do and receive a Deter- mination in the House of Peers, during that Session of Parliament, wlierein such Person was so Committed. Resolved. The Order of the House of Peers for issuing Writs of Habeas Corpus in this case, is Insufficient and Illegal, tor that it is general, and expresses no particular cause of Privilege, and conunands the Gi-eat Seal to be put to Writs not returnable before the said House of Peers. Resolved. The I^oi'd Keeper to be acquainted with these Resolutions to the end that the said Writ of Habeas Corpus may be superseded, as contrary to I^aw and the Privilege of the House. Resolved. A IMessage to the Lords that the Prisoners were Committed by Order and AVarrant of this House, for breach of Privilege and contempt of the Authority of this House. The King passes Five Bills, and, by Commission, Prorogues the Parliament to the KUh of October. (;)) October 13. {Wednesday.) The Fourteenth Session of the Second Parliament commences. Oct. 18. 'J'he Commons take into consideration His Majesty's Speech. Oct. 21. The Commons Resolve, that the Lord Cavendish, guilty of a breach of Privilege in prosecuting a Quarrel against INlr. Howard, the matter depending before this House, shall be com- mitted to the Tower. Oct. 25. In a Debate on Lord Cavendish's Challenge, Mr. Jloive complains "that they should be subject to Challenges whilst tlie\' are about the Nation's business." An Order is made against " such as give out threatening word?, or send Challenges to iMembers of this House, or others, as Con- temners of the Privileges of this House." Ordered. A BUI to prevent Duels and Pi'ovocations to Duels. Oct. 26. Mr. Howard, of Richmond and Carlisle, Author and Cp) Cases of Privilege in the Commons were, (June 7) on Declarations of ejectment delivered to Tenants. Divisions in June were none. "The King has recourse to this Expedient for putting an end to their differences with great unwillingness, having always intended an adjournment lor the preservation of such Bills as were unfinished."' 4e 576 CHARLES II. 1675. Disperse!" of a Paper, scandalous, 6cc. to the House, is committed A. n, to the Tower. 27 Oct. 27. The Commons Resolve that His Majesty be humbly moved that the INIembers of this House may be summoned to give their attendance on the service of this House, by Proclaina- tion only. November 3. ( Wednesday.) The Commons Resolve, that it is an Ancient Order of this House, that when (on Supplies) there comes a Question between the Greater or Lesser Sum, or the Longer and Shorter time, the least sum and longest time ought first to be put to the Question. Nov. 8. The Lords Order, " A Letter from a Person of Qua- lity to his friend in the country" to be burnt, and the Author, &c., discovered. An Act passes the Commons for hindering Popish Recusants to sit in either House of Parliament. Nov. 10. The Lords' House is called. Present, the Dukes of York and Cumberland, and 89 Peers. Absent, 87 Peers (17 Infra jEtatem, 24 Proxies.) The High SheritF of Suffolk is summoned by the Commons for neglect in not returning a Writ, the Election being past a week since. Nov. 12. In a Debate on regulating the Election of Members to serve in Parliament, it is said, "The Person to be chosen must have an Estate in the proper County. By Law, every man that serves must have his Wages from the County or Borough, he serves foi-, but now genei-ally none are taken. This bribing men by drinking, is a Lay Simony. None should be capacitated to be chosen but such as have Estates, or reside in the County. Those should he excluded from being trusted in what they give, who, to serve a turn, will be made free of a Borough, and, it may be, never live, or trade, in the Borough hereafter. " In Essex, thei'e are but three Boroughs, and two Knights. Before you give a restraint, make us even with other Counties. In Oliver's time thei'e were IG. Make the distribution more equal. "Lincoln has but 12. A Knight of the Shire should have an Estate in the County. A Burgess, if his Estate is in another County, may serve for a Borough. "It is considered a Privilege for Cornwall, to have so many Representatives. But strangers are chosen, that look not after the County. " Yorkshire has as many as Devon and Cornwall, and anciently, the Boroughs petitioned to be discharged from sending Burgesses, for the Charge it put tliem to for wages. The world is so altered now, that some forget for what place they serve. " It is the same thing as if a man had no Estate at all, if he has none in the County or Borough." Sir R. Temple. " Anciently, there was no vote in a Borough but by Burgage Tenure, Borough Houses. We come now to Ereemen and Salesmen, Scotters and I^otters, but sucli only had a voice as were able to maintain the chai'ge of their Burgesses. He would tie up Elections to such as have Estates to answer their actions to the place they serve for. He would not have any one chosen that has not an Estate of £500 per annum, and would restrain all charges and expences, that Elections may be free." "By Statute, Henry VI., the County is to choose by Free- CHARLES II. 577 holders, and the Cities by Citizens and Burgesses, Electors and 1G75. Elected also. There is another Statute, that Elections shall be *• R- freely and indili'erently made, nothwithstanding Letters. 27 "Let men stand on "their Ancient Privileges. Some Boroughs by prescription, have a settled Right by I/dw. In some, there is no Burgage Tenure. Exorbitant Corruption exists, amounting to no less than Bribery. It is better to allow a man to give £1000, than to expend it in so disorderly a manner. He would have a Bill to restrain the giving, or spenduig of, money, before the Election be made." It is Resolved, " That if any person or persons, hereafter to be elected, &c., shall, by himself, or any other in his behalf, or at his charge, at any time before the day of Election, ( give any person or persons having voice in any such Election, any meat or drink exceeding in their value £5, in any place, but in liis own Dwelling House, the usual place of his abode for 12 montlis last past, &c., or shall, before such Election be made or declared, make any other present, gift, reward, or promise, &c., to any such persons in particular, or to any such County, City, Borough, &c., on prootj such Election to be void, and the person incapacitated." N'ov. 13. INIr. Barker, Chaplain to the House of Commons, is recommended to His Majesty. Kov. 15. On the matter of an Appeal in the House of Lords fixed for 20th Nov., the Commons Resolve, that the Brosecuting of this Appeal is a Breach of Privilege. Resolved, that Sir John Fagg do not proceed to make any Defence. Nov. 1 6. The Lords recommend to His Majesty Six Under JNIarshalls, on their Petition for an Allowance. The Commons Resolve, that it is a breach of Privilege for any Member to be made a Sheriff during the continuance of the Parliament. Resolved. A Committee to consider of Superseding the Com- mission of Sir Edmund Jennings, a Member, as High Sheriff for the County of York. Nov. 17- The Lords assign new Counsel to Dr. Shirley. Nov. 18. The Commons Resolve that Letters shall be sent on Defaulters, as in last Session. Resolved, A Conference for avoiding occasion of reviving dif- ferences between the two Houses. Nov. 19. lleport is made of Reasons for tlie I,ords to defer Proceedings on Appeal, till other Bills are dispatched. The Commons Resolve and Declare, that whosoever shall solicit, plead or prosecute any Appeal against any Commoner of Eng- land, from any Court of Equity before the House of Lords, shall be deemed, &c. &c., (as before ) Resolved. Copies of this Resolution to be affixed at the Doors of all the Courts, &c. The Lords Order an Address to the King, to direct the Arch- bishops " Thai the Convocation of the Clergy may more frequently meet.'''' Nov. 20. The Lords Order Protection and Privilege to Dr. Thomas Shirley and his Counsel ; and Resolve that a Paper put up, and signed W. Goldsborough, Cler. Dom. Com., against the Judicature of the Peers, is Illegal, Unparliamentary, and tend- ing to the Dissolution of the Government. A INIotion for an Address for a Dissolution is Negatived. Twenty-two Peers Protest. 29 578 CHARLES II. 1675. The Commons Order that Thomas Shirley, P"sq. be taken into •*. R. Custody for ProsecutinjT an Appeal against Sir J. Fagg. ^^ Ordered, That Sir Nicholas Stanghton be taken, &c., for an Appeal against IMr. Onsluw, a IMember. Nov. 22. The King passes 3 Bills, and Piiorogues the Parlia- ment to the 15th Feb., 1G77. (?) 1677. February \b. {Thursday.) The F«//e<77i<7j Session of the Second Parliament opens. The King and Lord Keeper speak. In the Lords, a ]Motion is made to consider, " whether the Parliament is Dissolved by a Prorogation of Fifteen Months, as against the Statute 4 Edw. III., and 30 Edw. III. Henry, Duke of Newcastle, first sits on decease of his Father, W., Duke of Newcastle, by Writ, 10 Feb., 29 Car. 2. William Richard George, Comes de Derby, first sits on the death of his Father, by AVrit, 10 Feb., 29 Car. 2. William, Earl of Denbigh, first sits on the death of his Uncle, Basil, Earl of Denbigli, by Writ, 10 Feb., 29 Car. 2. James, Lord Chandos, first sits on the death of William, Lord Chandos, by AV'rit, 13 Feb., 29 Car. 2. Charles, Lord Cornwallis, first sits on decease of his Father, Charles, Lord Cornwallis, by Writ, 10 Feb., 29 Car. 2. The Lords Order a printed Book to be considered, " ]\Iore Considerations upon the Question whether the Parliament is Dissolved, &c." Feb. IG. The Lords debate the Question as to the Prorogation. The Duke of Bucks speaks at great length in favour ot a new Parliament. In the Commons, on the same subject, the Speaker says, "■' The Session is not begun till a Bill is read. It is the ancient order. If so, the Question is, whether you will break that order or not." A Bill is read and a Grand Committee appointed on the matter of the Prorogation, (r) The Commons Order a Writ for the Borough of Ashburton, in place of Sir G. Sandys, K. B., called up: for Town of Stam- ford, in place of W. Mountague removed to the House of Lords: for the County of Northumberland, in room of Henry, Earl of Ogle, called up: for the Town of Shrewsbury, Sir Thomas Jones, Knight, removed to the House of Lords ; and in place of many persons deceased. Feb. 19. A Petition is presented in the name of the Burgesses of the Borough of Aldborough, York, but the IMember by whom it is presented, not being of the County, nor having i-eceived the same from any of the said Burgesses, and none appearing to own the said Petition, it is withdrawn. Feb. 21. Sir George Sands, K. B., created Baron de Throwley, "Viscount Sands de Lees Court, and Comes de Feversham, is in- troduced on his Patent, 8 April, 2o Car. 2, and on AVrit, 10 Feb., 29 Car. 2. (q) Cases of Privilege in the Commons were, ("i^ox . 4) .igainst Aspersions ; (Nov. 9) on Seizure of Goods. In Uie Lords, (Nov. 10) for the King's Ailvoiate in Ireland against a Suit : (Nov. 15) against Scandalous Words. Divisions in October were, ]fiO-130; 171-lGO; 12fi.l25; 103-74. In November, 10,5-1.57; 17G-150; 1G3-141 ; 165-12.3; 1G8-13S ; 143-118; I4r>-1 03 ; 143-127 ; 14G-I17; 147-131; 150-13G; 151-124; 81-67; 157-101; lUG-70 ; 158-102, 118-108; 141-81; 130-84 : 138-123. (>J For this important Debate see Pari. Hist, iv. 813, where are found, "The Reasons to prove that a Prorogation beyond 12 Months is, in construction of Law, a Dissolution," and many Precedents are adduced as to the holding and duration of Parliaments. CHARLES II. 579 Feb. 22. Fold Grev, Chcvnlicr, first sits on the cloath of Ralpli, 1677. Lord Clro.v de ^Vlu•ko, by Wih, 10 J-V-b., 2!) Car. 2. a. ii. Fell. 2;{. lirsn/rol, in tiie Cutnmonn, a 15111 for Kedressing '^^ and llegiilatinji' all extraordinary Power and Jurisdiction ex- ercised by the Hic^h Coin-t of Chancery, and other Courts of Equity, in matters determinable at Common Law. Feb. 20. " The King will command Places vacant to be filled u]), and the Convocation frequently to meet." The Commons refuse Privilege incase of a Servant, a Prisoner before he was ascertained as the Servant of a JNI ember. March 1. {Tliursdinj.) In the Lords, Report is made on Libels, and on the last Prorogation. Dr. Nicholas Carey is fined £1,000, for refusing to discover certain Authors. March 2. The Lords make an Order to rank Peers' Sons in such Order as belongeth to their resi)ective Qualities. In a Debate, on Information of a Case of Commitment to the Tower by the Lords for a Libel, the Speaker says, " No Cogni- zance can be taken of the Lords' Proceedings, unless they come regularly before you. It is the first instance of the kind. You judge them in their Judicature of what is not before you. You may do it in any part of their Judicature, as well as this. You may raise what you cannot lay." 3 f arch 3. Villiers petitions on tlie Title of Viscount Purbeck. The Commons Resnlce, on a Bill for indemnifying the Counties, Cities and Eoroughs, from paying any Wages due to any Mem- bers that now serve in this Parliament, (s) March G. Su* Thomas Strickland is Disabled, as a convicted Recusant, and a new Writ ordered. J\iarch 7. Lord Widrington's Writ, 13 Feb., 29 Car. 2, is delivered by his Proxy, the Duke of Newcastle. Ordered. " Some Considerations on the Prorogation," and " the Long Parliament Dissolved," to be burnt, &c. March 8. Ordered. " The Grand Question concerning the Prorogation, &c.," to be burnt, &c. March 9. The Lords' House is called. Present, the Dukes of York and Cumberland, and 94 Peers. Absent, 86 Peers, (18 Infia /Etstem, 28 Proxies, 2 Dead). March 12. A Petition for Waver of Privilege in a Suit against the Earl of Rutland, is reieiTed to the Earl, whether he will give way or no. March 15. The Lords recommend the Serjeant at Arms to his Majesty, by the Lord High Treasurer. March IT. Black Rod petitions for his Customary Fees on Conveyance of Persons to the Tower. March 20. The Lords Resolve, The Widows of Peers have been allowed, from time to time, Privilege of Parliament, and there are no Precedents to weaken or take away the said Pii- vilege. A Messenger taken in Execution prosecuting his Writ of Error, is released by Order. March 21. The Commons Resolve, that the Town of Newarke hath Right to send Burgesses to Parliament. March 24. An Act passes the Commons, and is sent up, " for better securing the Liberty of the Subject." (s) A writ had gone down for Sir Thomas Shaw, Member for Colchester, to receive his Wages for service in Parliament. The object of the present Bill was, in fact, to repeal the Statute of Wages. 580 CHARLES II. 1677. March 28. The Commo7is Order a AVrit for the County of A. R. Dorset, Lord Digby being called up. 29 March 30. J ohn, Earl of Bi-istol, first sits on the death of his Fathei-, George, Earl of Bristol, by Writ, 23 March, 29 Car. 2. April 2. {Monday.) The Committee Reports on a Bill against Bribery and Drinking at Elections. An Order is made thereon, {t) Tiie Committee on Sir Robert Holt's Case, detained a Prisoner in the Fleet, Report two Resolutions : (1) That he be not dis- charged, as taken out of Privilege of Parliament. (2) That the Outlawry after Judgment is another good Cause why he ought not to be discharged by Privilege of Parliament. The Commons Resolve, He shall have Privilege, and be de- livered out of Custody. Resolved, " That if any Person hereafter to be elected, &c. &c., shall by himself or any other, or at his charge, at any time before the day of Election, give any Person or Persons having voice in any huch Elections, any meat or drink exceeding in the true value Ten Pounds in the whole, in any Place or Places but in his own Dwelling House and Habitation, being the usual place of his Abode for six months last past ; or shall before such Election made and declared, make any other Present, Gift, or Reward, or Promise of such, &c. &c., he is declared guilty of Bribery, his Election void, and he incapable to sit by such Election, &c." Ajjril 3. The Lords make an Order, altering Black Rod's Fees. April 6. Report is made in the Lords on the Precedency of the Eldest Sons of Peers' Youngest Sons. Resolved. His Majesty to be moved to give Directions to the Earl Marshall, that, seeing all the Sons of the Nobility, take place of all Baronets, the Eldest Sons of those Sons may also take place of the Eldest Sons of Baronets during the life of such Baronets. April 13. Resolved, in the Commons, "A Conference, to pre- serve a kind Correspondence with the House of Peers on their Amendments to a Bill of Supply, with Reasons against their Proceeding." April 14. The Commons Order the Journals to be searched for Precedents touching Adhering to Bills. The Lords' Amendments are negatived by 156 against 27- April 16. In the Lords, Report is made on their Right to amend Money Bills. They lay aside their Amendments, con- sidering the present necessity of the King ; and Addi"ess His Ma,jesty thereon. The King Assents to 15 Bills, and the Houses adjourn to the 21st May, according to His Majesty's pleasure, {n) May 21. (Monday.) Fulke Grevil, Chevalier, first sits on the death of his Brother, Lord Brooke, by AVrit, 19 May, 29 Car. 2. (<) On this Bill see Commons' Journals, ix. 411. (m) Cases of Privilege m tlie Lords v/erc, (March 6) on an Arrest; (April 4) on Doors broken open; (April 7) against Scandalous Words, and against Cattleimpounded; (April 10) against contemptuous words. In the Commous, (March li) on Arrest of Servant; (March 14) on a Declaration of Outlawry ; (March 21) on a Declaration ; (April 4) on seizure of Coach and Horses; (April 14) on Ejectment of a Tenant, and Passage of Cattle slopped. Divisions in February vierc, 154-113; 193-142; li;7-104; 147-G2; 183-1G3. In March, 175-124; %-67; 7G-C7 ; 134-S5 ; 140-116; I'i7-S8; 129-91 ;124-103 ; 131-122. In April, 122-97; 115-108; 155-144; 141i-125; 138-97; 131-115; 130-109; 132-90; 153-86 ; 96-72 ; 93-83; 110-56; 98-60; 71-72; 78-78; 156-27. CHARLES II. 581 Ludowick, Lord Duras, is introduced as Earl of Fovcrsham, 1C77. and placed at the lower end of the Earls' Bench, iiis Patent *• R- statinjf tliat he came in by Succession and not by Descent. 29 Ordered. Aaron Smith to be attached for words against the Parliament. May 2'A. The Countess Dowa£fer of Norwich, claiming Privi- lege of Parliament to stop a Trial at Law concerning I,ands into possession of which she came on JNIonday Se'nnight last, is adjudged to have no Privilege. The Countess Dowager of Northumberland claiming Privilege as Guardian to Lady Elizabeth Percy, is not allowed. The Commo)is Order a new Writ for the Borough of Warwick, in place of Fulke Greville, p]sq., colled up. May 25. The Commons allow Privilege to Peregrine Bertie, Esq., the Scaffolds about his House being pulled down, and words having been used, " That the JNIembers were a Company of Rascals to maintain their Privileges against the People." May 28. Bobert Carey, Chevalier, first sits as Lord Hunsdon, on Descent, after the death of John, Earl of Dover, Baron of Hunsdon, by Writ, 26 May, 29 Car 2. The Commons having addressed the King to make a League with the States' General, &c.. His Majesty answers the Add/ess, " as upon matters unfit for the House to meddle with, and in- vading his fundamental Power of making Peace or War." On notice of adjournment from the Speaker, Sir Thomas Lees says. The Act of adjourning the House cannot be yours, Mr. Speaker, but the Act of the House; and no Question can be put when a gentleman stands up to speak." The Speaker, " AVhen there is a Command from the Crown to adjourn, we are not to dispute about it, but to obey and adjourn. You have only to execute the command. LTnless any man can shew me a Precedent to the contrary, you will put a hardship on me to do otherwise." The Houses adjourn, according to a Message from the King, by INIr. Speaker, to the 16th of Jul}', (w) July 16. (^Monday.) The Parliament is again adjourned to 3d December, according to a ]\lessage from the King. December .3. {Monday.) A Proclamation having farther adjourned the Parliament to the 4th of April, it is now ordered to meet on the loth of January. Charles, Lord Grey de RoUeston, first sits as Lord North, on the death of his Father, Dudley, Lord North. January 15. {Tuesday.) Henry, F-arl of Norwich and Earl 1678. Marshall of J^ngland, first sits as Duke of Norfolk, on the death of his Brother, Thomas, the late Duke. The Houses are adjourned, by ^Message from the King, to the 28th. Jan. 28. Lord Henry Howard, Eldest Son of the Duke of Norfolk, being summoned to Parliament as Henry ]Mowbray, P^sq. Lord Mowbray, it is Ordered, on examination of Precedents, that the said Lord ]\Iowbray shall be placed in the Place of his Grandfather, as Lord Mowbray, at the upper end of the Barons' Bench. He delivers his W^rit of Summons, 14 Jan., 29 Car. 2. Sir Robert Shirley, created Robert Shii'ley de Ferrers, Lord {w) Divisions in Mayviere 182-142. In the Commons, (May 2a j a Case of Privilege occurs on distraint of Cattle. 582 CIIARLLS II. 1678. Ferrers sits on Descent, and therefore is not introduced. His 4. R. Writ is of 14 Dec, 29 Car. 2. 29 The Earl of Peuibrooke is committed to the Tower by the Kin^, for Blasphemous Words. 6cc. Jan. 29. The Lord Cromwell, a Peer, is Ordered to attend for granting a Protection to one not his Menial Servant. Ordered. The Petition of Lord Pembrooke to be printed, with an address to the King for his Release. Seven Bishops and two other Peers Protest. The Commons send up an Address to His Majesty on his Spe.^ch. ji. H. February!. {Friday.) The Commons Resolve, h\ XAQ to 109. 30 That Mr. Wanklyn. a ^Member, shall be expelled' for granting Protections to other than his Menial Servants, and that a new Writ shall issue. Feb. 4. The King answers the Address, " in which he finds so much inserted of what there should not be, and so little of what should." Feb. 5. The Earl of Pembrooke waves his Privilege in a Suit for an Assault, The Commons Resolve, that a Supply be given to His ^Majesty for Support of his present AUiauces, and for lessening the Power of France. Feb. 7. The Commons Order a new "Writ for the County of Northampton, in place of Lord Burleigh, called up. Resolutions are adopted on Protections and Privilege. Feb. 9. The Commons contmue a Debate on irregular adjourn- ments of the House by the Speaker, (.r) Feb. 15. The Commons Resolve, that the Election for the County of Dorset is void, because the Sheritf did not execute or obey his Writ ; left divers P'reeholders unpoUetl, and made no due Proclamation before he closed the Poll; did not number those voices he had polled, nor declare who he judged to be duly elected ; and fiuther, returned two, when he should have returned but one. Ordered, A new Writ for Dorset, Lord Digbv being called up. Feb. la The Lords' H ouse is called. Prcsc'nt, Dukes of York and Cumberland and 79 Peers. Absent, 92 Peers, (IG Infra .Etatem, 21 Proxies.) Feb. 20. I>ord Freschevile petitions for Precedency. Lady Abergavenny waves Privilege for herself and Son, in a Suit by the Countess of Dorset. Feb.-2\. The Earl of Rutland's claim of Privilege ft>r a Carpenter, entertained as a Z\Ienial Servant since the Attivu was brought against him, is not allowed. Feb. 23. In the Commons, a Bill being missed, all the ^Members take Protestation that they have it not. On the Report of a Committee, it is Resolved, that a Writ shall issue for choosing two Citizens for the City of Durham, according to Act of Parliament. Feb. 27- An Act passes Restoring the Honour of Baron Audley, of Hely, to James, Lord Audley, and restoring him and others, in blood. March 1. (Friday.) The Earl of Pembrooke petitions for a Speedy Trial, for his killing Nathaniel Coney, Gent. (x) This Debate renewed through the whole Session is well worthv of perusal. See Pari. Hist., Cobbett iv. it25. CHARLES II. 583 30 March 0. It is referred to a Committee, "Whether liOrds who 1073. vote against the Commitment of'a Eill, can be of the Committee. The Lords do not find ground to advise His ^lajesty to allow Lord Freschevile's Claim. March 14. The Curnmons Resolve on a Committee of the whole House on the State of the Nation, and on an Address to His ]Majesty to declare AVar against the French King. March \G. A Poll Bill not having been sent back by the House of Commons, when they signified their Assent to the Lords' Amendments, a Conference is desired ; but the Bill is previously delivered. March 19. The Eail of Pembrooke is Committed to Black Rod. The Commons Resolve, that according to the ancient course and method of transactions betwixt the two Houses, when a Bill of Amendments is sent to either House by the other, b_v Messengei-s of their own, the House that sends them gives no lleason of their Amendments ; but the House to whom it is sent, if they find cause to disagree, do use to give Reasons for their Dissent to every particular Amendment, every one of v/hich is supposed to carry with it the weight of its own lleason, untU it be object- ed against. starch 20. The King assents to one Poll Bill and 14 Private Bills. March 22. Report is made in the Lords, of the method of the Earl of Pembrooke's Trial. A Protest is entered against pro- viding Seats for the Bishops. In the Commons, a Petition, complaining of a Member, is with- drawn, according to an Order of the House, that no Petition ought to be tendered, the INIember being absent. March 23. Philippa, Lady Baroness Alohun, claims Privilege against abusive words, but as Suits are depending between the Parties, she is left to the relief of the Law. March 27. The Commons adjourn themselves to the 11th of April. The Lords to the 4th, and then to the 10th. (y) April W. {Thursday.') Sir Robert Sawyer chosen Speaker on the Illness of JNTr. Seymour, is accepted. April 15. The Houses adjourn to the 29th. Mr. Secretary Coventry rising to speak, a second time, is in- terrupted by " Spuke, Spoke." " No man, he ])roceeds, can say I have spoke, when I stand up to explain myself. I have read the Precedent of King James. The Commons did represent to the King that the time was not sufficient between the holidavs to do the business before them. But, when the King has declared his pleasure for a speedy adjouiuiment, the House never proceeded any farther." Sir Thomas Clarges. "There are divers Precedents for a Com- mittee sitting in a Recess of Adjournment." A Committee is ordered to sit. (y") Divisions in January were none. In February, 140-109; 193-151; 13^-121; 191-142; 135-102; 147-131; 151-73; 137-112; 145-106. In March, 122-95; 153-93; 63-55; 138-108; 124-47; 155-112; 94-71; 113-09. The I,o;di allow Privilege, (Feb. 1) against Cattle driven on a Peer's Land, &c. ; (Feb. 7) on Arrest of a Yeoman ; (Feb; 8) on a seizure of Toll Tin ; on Outrages by Fishing in a certain River ; on seizure of Cattle ; Committal of a Bailiff; and violence against Tenants ; (Feb, 14) on Arrest of Servants ; (Feb. 16) in a Suit ; (Feb. 20 i on an Indictment for Recusancy ; (March 11) Ariestofa Secretary. Cases in the Com- mons &ie,( 3 lia, 31) against Summons to the King's Bench in a Proce>s for Hearth Money, and against an Assault ; also, against an Order to atend the Council Board ; (March 19) on Sequestration of the Profits of an Office. 4 F 584 CHARLES II. IC)78. April 30. The Duke of Cumberland takes the Oaths of ■*• ''• Supremacy, &c. SO May 3. (Friday.) The Earl of Peterborough takes the Oaths. The Bill for Loi'd Audley passes the Commons, omitthig the Avor'ds " Ilestorhig them in Blood." May 6. Edward Seymour, Esq. is restored to the Chair, on the indisposition of Sir 11. Sawyer. May 7- The Commons Resolve, by 154 against 139, That an Address be pi-esented to His Majesty to remove the Counsel- lors who advised the Answers to the Addresses of the 26th May, or 31st January last, or either of them. May 10. The Lords Order, that the Counsel to plead at this Bar shall be only three on a side at one time. May 13. The King passes Eight Bills, and the Houses adjourn to the 23d. May 23. ( Thursday.) The King and Lord Chancellor speak. The Lord Chancellor Finch says, " Let it be lawful to provoke and challenge the most discontented and unsatisfied Spirit in the Kingdom, to shew that time, if he can, since the world began, and this nation was first inhabited, wherein there were fewer grievances, or less cause of complaint, than there is at this pre- sent. Nay, give him scope enough, and let him search all ages, and all places of the world, and tell us, if he can, when and where was ever found a happier people, than we are at this day." The Lords Order the Sub-Committee of Privileges to meet after eveiy Session to examine the Journal Book. In the Commons, the Order of 2d April, 1677, concerning Bribery and Drinking, is read. May 28. A Petition is pi'esented against Sir John Reresby, as not duly elected, the Return having an Affidavit annexed. The Clerk is Ordered to blot out the Affidavit, and the Petition is then referred to the Committee of Privileges. Alay 30. Viscount Mountague petitions against the Viscount Hereford's Right to the Title. The King refers it to the Ijords. May 31. The Lords Order, that there shall be no Interlinea- tions in the Journal Book, after it has been signed by the Lords' Committees, (^z) June 3. (Monday.) The Lords allow Privilege to the Person claiming the Title of Viscount Purbeck, till Judgment is given. June II. In the Commons, it is agreed, "That at the first Reading, the King's Message is always first read by the Speaker, and the Members are all uncovered, and that the second time it is read by the Clerk, and they are all covered." June 27- The Lords Resolve, that a Clerk making Returns of Posteas after Judgment, in a Hundred where a Peer resides, commits no breach of Privilege. June 18. In the Debate on Viscount Purbeck's Claim, the Lords Resolve, that no Fine levied, or hereafter to be levied to the King, by a Peer of the Realm, of his Title of Honour, can (*) In the Z-orrfi Privilege is allowed, (May 24) on being sued to Outlawry, &c. ; (May 30) on Indictment for Recusancy, and on assault of a Doorkeeper. In the Com' mons, (April ,30) on ])Utting in Cattle and LMitcring Lands ; and on Arrest of a Shep- herd and Menial .Servant ; (May 2) on Assault. Divisions in Apii/ were \29-S9, \n May, 1(;G-150; 154-139; 144-133; 137-92; 66-50; 127-84; 152-151 ; lGl-157; 170-174; 170-107; 169..1GC; 158-150; 178-177; 75-66; 195-176; 139-115. CHARLES II. 585 bar such Title, or the Claim of any Person claiming such Title 1678. under him that levied, or shall lew, siu-h Fine. •*• n. June 19. In the Commons, Complaint beinsr made of the Clerk, 2* he is found to he "a Patent Officer, and not removcable." June 20. The Lords Resolve to petition the King to give leave that a Bill he brought in to disable the Petitioner to claim the Title of Viscount Purbedc. Seven Peers Protest for Ten Rea- sons. Two other Peers Protest July 0. June 2"). The Lords I'eport a Proviso offered by the House of Commons, in lieu of tlie Lord.s' Amendments on the Supply Bill. Heads are i)repared for a Conference, in which the Lords adhere to their Amemlments. July 3. {Wednesday.) The Lords Declare, that in all Cases wherein it is necessary to examine Witnesses, " in perpetuam rei memoriam," it shall not be a breach of Privilege of Parliament, to file a Bill against a Peer, in time of Parliament, and to take usual Process, tor thai Purjiose only. July \\. The King .Answers, "'J'hat he will consider of the Petition against Lord Viscount Purbeck." July 12. The Lords Order, that no Petition of Appeal from anv Decree in Equity, shall be presented, unless Subscribed by sonie known Practiser at Law, as well as by the Petitioner. July 13. An Order is made in the Lords for limiting the time for bringing in Appeals. A Conference is held on the IMethod of returning Bills passed in either House. July 15. The King passes two Supply Bills, 7 Public and 12 Private Bills ; and prorogues the Parliament to the first of August, (a) August 1. {Thursday.) A further Prorogation is Ordered to the 29th. August 29. {Thursday.) A thu'd Prorogation takes place to the 1st of October. October 1. (^Tuesday.) The Parliament is a fourth time Pro- rogued to the 21st. October 21. (Monday.) The 5'b'eave of this House, or any Promise of such Office, &c., during the time he shall continue a Member, and that all Offenders be expelled." (g) 1681. January 3. {Monday.) The Lords Order, that a Libel, " A Speech made lately by a Noble Peer of the llealm," be burnt, &c. Jan. 4. Resolved by the Lords Spiritual and Temporal, &c., that there now is, and for divei-s years past hath been, a Treason- able Plot and Conspiracy contrived and carried on by those of the Popish Religion in Treland, for massacring tlie English, and subverting the Protestant Religion, and ancient established Government of that Kingdom. Jan. 5. The Commons send up Articles against Sir W. Scroggs, Knight, Lord Chief Justice j and .Reso/ye to Impeach Richard Pore, Earl of Tyrone. Jan. 7- The King, by IMessage, refuses to pass a Bill of Exclusion. The Commons Resolve on an Address to remove the Earl of Hallifax, Laurence Hyde, esq., H., IMarquis of Worcester, H., Earl of Clarendon, Lewis, Earl of Feversham, from His Majesty's Counsels, &c. Jan. 10. Ordered. An Address to restore James, Duke of Monmouth. The King is present, and, by the I^ord Chancellor, prorogues the Parliament to the 20th of Januar}'. Jan. 18. The Parliament is Dissolved by Proclamation, and a new one is called to meet at Oxford on the 21st March. March 21. {Monday.) The Fifth Parliament meets at Oxford. The Lords in the Gallery of the Public Schools ; the Commons in the Convocation House. Writs are issued to James, Duke of York and Albany, Ru- pert, Duke of Cumberland, H. Finch, Lord Chancellor, Earl of Radnor, President of Council, Earl of Anglesey, Keeper of the Privv Seal, to 5 Dukes, 2 Marquisses, GO Earls, (J Viscounts, 51 Rarons, Chevaliers. John, Lord Coventry de Alseborough, first sits on the death of his Father, Thomas, Lord Coventry. (g') Divisions m October were none. In November, 140-67: 104-100; 213-101; 131-85; 151-117. In December, 81-59; 83-19. The Members were never so unanimous. The whole time of the Houses is occupied on the Plot. Cases of Privilege in the Lords were, (Nov. 3) on an Agent compelled to serve as a Constable; (Dec. lOJ on Horses seized ; (Dec. 21) against a Prosecution to Outlawry of a IJroom of His aiajeity's Privy Chamber. In the Commons, (Nov. 13J against a Libel. From Jan. 10 to March 21 the Commons' Journals have no Entries. A Division in January was 87-42. S3 JAMES II. 595 33 Kdward Noell de Titclifield, created a Baron, is introduced on 1681. Patent, 3. Feb., 'So Car. 2, and Writ, 17 I'eb. ditto. He is a^R* placed at the lower end of the Barons' IJencli. The Kin,^ and Lord Chancelh)r address the Houses. William Williams, esq., is chosen Speaker. 3farch •2'X Receivers and Tryers of Petitions are (according to ancient custom) entered in the French lianguage. In the Commons the usual Oaths are taken, and Declarations made. Many Election Petitions are presented, and the Committees chosen. March 25. The Commons Resolve, " It being represented to this House by several Members that many Counties, Cities, and Boroughs, have freely and without Charge, elected many of the Members in this present Parliament, according to the Ancient Constitution of Election of jNIembers to serve in Parliament, this House doth give their thanks to such Counties, Cities, and Bo- roughs, for the said Election." Resolved, Edward Fitz Harris to be Impeached. March 211. The Commons Resolve upon a humble Address to His Majesty, that the Theatre at Oxford is a more convenient Place for tlieir sitting. The Lords Refuse to proceed upon Impeachment against Edward Fitz Harris, and direct that he be proceeded against at Common Law. The Commons Resolve, thereupon, " That for any Inferior Court to proceed against any one lying under Imj)eachment in Parliament for the same Crimes, is a high breach of Privilege." March 28. The Commons Order the Bill for excluding James, Duke of York, to be read a third time To-morrow. The King attends in the House of Lords, and commands the Lord Chancellor to Dissolve the Parliament. "As we are not likely to have a good end, when the Divisions at the beginning are such." JAMES 11. (fi February, 1G85.) May \Q. {Tuesday.) The i^iVs^ Parliament meets. iggs. Writs are issued to Francis North de Guilford, Chevalier, a. r, Keeper of the Great Seal, I^aurence, Earl of Rochester, Chief 1 Treasurer, George, JMarquis of Hallyfax, President of the Coun- cil, Henry, Earl of Clarendon, Keeper of the Privy Seal, Henrv, Duke of Norfolk, Earl Marshall, James, Duke of Ormond, Lord Steward, and to 11 Dukes, the Marquis of Winchester, Earl of Lyndsey, Great Chamberlain of England, Earl of Arlington, Chamberlain of the Household, to 62 Earls, 8 Viscounts, 05 Barons, Chevaliers. There are Present the King, 2 Archbishops, IG Bishops, the Keeper of the Great Seal, Lord High Treasurer, President of the Council, Lord Keeper of the Privy Seal, Earl ]\Iarshall, Lord Steward, Dukes of Somerset, Albemarle, Newcastle, Beaufort, the Lord High Chancellor, Earls of Oxon, Shrews- bury, Kent, Derby, Rutland, Huntingdon, Bedford, Pcmbrooke 596 JAMES II. 1685. and Montgomery, Dorset, Exon, Bridgwater, Leicester, Devon, A. R. Denbigli, Clare, Westmoreland, Manchester, Berks, Mulgrave, 1 Rivers, Stamford, Winchilsea, Kingston, Carnarvon, Chester- field, Strafford, Sunderland, Thannet, Scarsdale, Bath, Carlisle, Craven, AiJsbury, Burlington, Shaftsbury, Litchfield, Surrey, Feversham, IVIacclefield, Iladnor, Yarmouth, Berkeley, Notting- ham, Abingdon, Gainsborough, Plymouth ; Viscounts Faucon- berg, Newport, Townsend, Weymouth, Hatton ; Lords La Warr, Morley and Mounteagle, Ferrers, Grey, Coniers, Crom- well, Eure, AVharton, Willoughby, Paggett, Howard of Effingham, North, Lovelace, Coventry, Howard de Escrick, Leigh, Jermin, Byron, Colepepei", Astley, Lucas, liexington, Berk-eley, Holies, Cornwallis, Delamer, Crewe, Arundell de Trerice, Butler de Moore Parke, Butler de Weston, I^umley, Ossulstone, Dartmouth, Stawell, Jeffries. Sir Francis North, Knight, Lord Keeper of the Great Seal created Baron Guilford, by Patent, 27 Sept., .35 Car. 2., and Writ, 15 Feb.. 1 Jac. 2, is placed on the Barons' Bench, and then, as Lord Keeper, at the upper end of the Earls, and then on the Woolsack, as Speaker of the House. Laurance, Earl of Rochester, is introducted, on Patent, 29 Nov., 34 Car. 2, and by Writ, 20 Feb., 1 .lac. 2, and is placed at the lower end of the Earls' Bench. George, Marquis of Hallyfax, by Patent, 17 Aug., 34 Car. 2, and AVrit, 20 Feb., 1 Jac. 2, is placed in his due Place. James, Dukeof Ormond, is introducted on his Original Patent, 9 Nov., 34 Car. 2, and by Writ, 15 Feb., 1 Jac. 2, and is placed according to his Creation. Henry, Duke of Beaufort, is introducted on Patent, 2 Dec , 34 Car. 2, and Writ, 14 Feb.. Jac. 2., and is placed according to his Creation. Edmund Henry Lee, Earl of Litchfield, bjf^ Patent, 5 June, 2C Car. 2., and Writ, 14 Feb., 1 Jac. 2, takes his due Place on the Earls' Bench. Danyell, Earl of Nottingham, is introducted. His Father, created Earl of Nottingham in the Interval of the last Parliament, and this, never sat in Parliament on this Creation. Patent, 12 May, 34 Car. 2. Writ, 15 Feb., 1 Jac. 2. He takes his due Place on the Earls' Bench. James, Earl of Abingdon, is introducted on his Patent, 30 Nov. 34 Car. 2., and Writ 15 Feb., 1 Jac. 2, and is placed in his due Place on the Earls' Bench. Edward, Earl of Gaynesborough, is assigned his due Place on the Earls' Bench, according to his Patent, 1 Dec, 34 Car. 2, and Writ of 15 Feb., 1 Jac. 2.' Thomas, Earl of Plymouth, is placed according to his Patent, 6 Dec, 34 Car. 2, his "Writ bearing date 15 Feb., 1 Jac. 2. Hoi-atio, Viscount Townsend, is placed in his due Place. Patent, 2 Dec, 34 Car. 2. Thomas, Viscount Weymouth, is placed in his due Place, ac- cording to his Patent, Dec. 11, 34 Car. 2, having been called by Writ, 14 Feb., 1 Jac. 2. Christopher, Viscount Hatton, is introduced and placed in his due Place ; his Patent bearing date 17 Jan., 34 Car. 2, and Writ, 14 Feb. 1 Jac. 2. Richard, Baron Lumloy, is duly placed on the Barons' Bench ; his Patent bearing date 31 Mav, 34 Car. 2, and his Writ being 14 Feb , 1 Jac. 2. JAMES II. 597 John, Lord Osulstonc, is introilucted on his Patent, 4 Nov., 1685 34 Car. 2, and by Writ, 15 Feb., 1 Jac. 2. a- " George, I-ord Dartmouth, is introducted and placed in his due ' Place ; his Patent bearing date 2 Dec, 34 Car. 2, and Writ, 15 Feb., 1 Jac. 2. Ealpb, Lord Stawell, is placed in his due place, on his Patent, 15 Jan., 34 Car. 2, and by Writ, 15 Feb., 1 Jac. 2. Sidney, Lord Godolphin, is duly placed, according to his Patent, 8 Sept., 30 Car. 2 ; his Writ bearing date 1 Jac. 2. John, Lord Churchill, is introducted by Writ, 14 May, 1 Jac. 2, and on Patent, 14 ]\Iay, 1 Jac. 2. George, Lord Jeffries, is dul^' placed ; his Patent bearing date 15 -May, 1 Jac. 2, and his Writ being of the same date. The'Lords take the Oaths. The Earl of Danby and the Popish Lords impeached, make their appearance and petition the Lords, having been Prisoners several years. Charles, Earl of IManchester, first sits by Writ, 14 Feb., 1 Jac. 2, on the death of his Father, llobert. Earl of Manchester. John, Lord Berkeley of Stratton, first sits by Writ, (14 Feb.) on the death of Lord Berkeley, his Brother. Henry, Lord Delamer, (the same) on the death of George, Lord Delamer, his Father. Thomas, Lord Jermyn, (the same) on the death of his Uncle, Henry, Lord Jermyn, Earl of St. Albans. James, Duke of Ormond, administers the Oaths to the Com- mons, at Seven a.m. The Right Hon. Charles Earl of Middleton, one of His INIajesty's principal Secretaries of State, pi-oposes that Sir John Trevor, Knight, shall be Speaker, and he is unanimously elected j and afterwards approved by the King. The INfembers for England and Wales are 512. May 22. The Lords Order, that no Lord under 21 shall sit in the House. Resolved. The Order of 19 March, 1679, as to Impeachments, shall be reversed and annulled. The Earl of Radnor Dissents. The King, having addressed the Houses, the Commons Resolve, nem. con., " That their most humble and hearty thanks be given to His Majesty." May 23. The Commons Resolve, that " This House will stand by and assist His !i\Iajesty with their Lives and Fortunes, against Archibald Campbell, the pretended Earl of Argyle, and his ad- herents, and against all Rebels and Traitors." 3Tay 25. The Lords Order the Indictments against the Peers to be discharged. The Commons Order a Bill to settle on the King, for Life, the same Revenues as those of his late Majesty. May 2C. The I^ords' House is called. Present, 112 Peers. Absent, 66. (Inf Mi. 15.) Ordered. A Master in Chancery refusing to take a Peer's Answer upon his Honour, without laying a Bible before him, is guilty of a Breach of Privilege, The Commons Order, that no Private Bill shall be brought in but upon Petition first presented, truly stating the case, and signed by the Parties, Sureties for such Bill. May 27. A Report made in the Commons from the Grand Committee on Religion, recommmending an Address to His 598 JAMES ir. 1685. iNIajesty to publish a Proclamation for putting in execution the A- R. Laws against Dissenters, is Negatived. I Resolved, nem. con., "This House doth acquiesce, entirelv rely, and rest wholly satisfied in his INlajesty's gracious word, and repealed Declaration to support and defend the Religion of the Church of England, as by Law established, which is dearer to us than our Lives." June 2. {Tuesday.) The Commons Resolve, that no Mayor can duly return himself a Burgess to serve in Parliament for a Borough of which he is Mayor at the time of Election. Resolved. No IMayor, BaUifF, or other Officer of a Borough, who is the proper Officer to whom the Precept ought to be directed, is capable of being elected to serve in Parliament for the same Borough. Jvne 4. Tlie I,ords pass a Bill i-eversing Lord Viscount Staf- ford's Attainder. Five Lords Dissent. June 10, The Commons Resolve, that the Hight of Election for the Borough of Cricklade, is in the Freeholders, Copyhold- ers and Leaseholders for three years. Resolved. The Election for the Shire Town of IMontgomerv doth not belong to the Burgesses of IMontgomery only. The Burgesses of the sevei-al Boroughs of Llanidloes, Poole and Llanvilling in the County of Montgomery, have a Ilight to vote in the Election of Burgesses to serve for jNIontgomery. June 13. The King informs the Houses that the Duke of Monmouth is landed at Lyme. An Address of Thanks is voted to His Majesty. The Commons Resolve, nem con., " This House will stand by and assist His Majesty, with Life and Fortune, against the said Duke." June 15. The Commons Resolve, nem. con., that a Bill (brought in June 13) "for the Attainder of the Duke of Monmouth of High Treason, and for the preservation of His Majesty's Per- son," do pass. June 17- The Commons Resolve, that the Ilight of Election for the Borough of Thetford is in the IMayoi", in the Burgesses, which are ten, and in the Commonalty or Common Council, which are 21, amounting in the whole to 31. June 22. Infomiation is brought, " That the Grand Rebel, Argyle, is taken." June 23. Report is made in the Lords concerning the Title of the Earl of Banbury. June 27. The King gives Assent to 12 Public and 7 Private Bills. June .30. The Lords Order that in all Commissions issued out of Chancery for taking the Answers of Peers, the words for the future be left out, "Visis Sacrosanctis Dei Evangeliis." July 2. (Thursday.) The King Assents to 3 Public and 2 Private Acts, and both Houses adjourn to the 4th of August, by His Majesty's pleasure, " who does not intend there shall be a Session till "Winter." August 4. (Tuesday.) The Lord Treasurer adjourns the Par- liament to the 0th of November, according to His Majesty's pleasure. November 9. (Monday.) Henry, Duke of Grafton, is intro- ducted, his Patent bearing date 11 Sept., 27 Car. 2, and his Writ, 7 Nov., I Jac. 2. JAMKS II. 599 Resolreil. The I.orils, with Wliite Staves, shall attend Ilis lo85: ^lajesty to know the lleason why the I^ord Delamer is absent a r. Irom his attendance hero. A The P^arl of Aylisburv first sits, by Writ, 7 Nov., 1 Jac. 2, on the death of his Father, Kobart, Eirl of Avlisbury. Charles, Earl of Kadnor first sits, by Writ, 7 Nov , 1 Jac. 2, on the death of his Grandfather, John, Earl of lladnor. A'^ov. 10. The King answers as to Lord Delamer, " Because he stands committed for High Treason, for levying War against the King, last Summer, testified on Oath, and His Majesty hath given directions that he be proceeded against with all speed, according to I^aw." Nov. 11. The Earl of Stamford, a Prisoner in the Tower, pe- titions concerning an Indictment for Treason found against him. The Lords Order that the Indictment be returned by Certiorari before the Lords. Nov. 12. The Lords Resolve, that Privilege of Parliament ought not to be allowed to Peers in Cases wherein they are only Trustees. Nov. 14. The Earl of Huntingdon and Mr. Greenvile re- spectively wave their Privileges. Many Officers of the Army having been employed, though not Qualified by the Act against Popish Recusants, the Commons Resolve, that a Bill shall be brought in to indemnify those Persons unqualified for the time past. A'^ot'. 16. The Lo»-f/s' //o?/se is called. Present, 9\. Absent, 83. (Infra ^tatem, 17 ; Proxies, (J). On Question in the Commons, AVhether the Concurrence of the Lords shall be desired in an Address to his jNIajesty, the Noes are 212, the Yeas, 138. Nov. 17. The Lords Resolve, " That Lord de Grey is rightly summoned as Grey of Ruthin, being lineally descended from Reginald, Lord de Grev, who was summoned in Edward the Third's time, bv the Title of I-ord Grey of Ruthin." An Order is made for the Earl of Stamford's Trial. Nov. 18 The King answers the Commons, " That he did not expect such an Address, &c." , t.^ . ^ On the ]Motion to take into consideration his Majesty s Gra- cious Answer, John Cooke, Esq., stands up and says, " We are Englishmen, and ought not to be frighted out of our Duty by a few high Words." Upon which he is committed to the Tower. Nov. 20. The King is present, (for the last time,) and PROROGUES the Parliament to the 10th of February, (h) February IQ. {Wednesday.) The Parliament is again pro- ]686. ROGUED to the 10th of May. a. n. May 10. {Monday.) A Third Prorogation is ordered to the 2 22nd of November. „r • „ -n, James, Earl of Anglesev, first sits, by Writ, 8 May, 2 Jac. 2, on the death of his Father, Arthur, Earl of Anglesey. November 22. {Monday.) The Parliament is prorogued, a fourth time, to the 15th of February. rW Cases of Privilege in the Lorrfiweie, (June 18) against a Libel ; (June ig) against Scandal. In the Commons, no Cases of Privilege occur in the months of May, June, or ^^DivTsi'ons in A/av are, 268-55; 218-195. In June. 172-lfi7; 224-60 ; 180-32 ; 156-lU ; 171-96 ; 137-128; 83-75. In November, 183-182 ; 212-138, the last Division that occurs. For Lists of the Commons, see Cobbetfs Pari. Hist. iv. 1343 4 II GOO THE INTERREGNUM. 16S7. February \b. {Taesdcnj.) A Fifth I'noROdATiox takes place A. n. to the 28th of April, (i) ' 2 April 'IVj. {Thursday.) The King commands a Sixtli Puo- ROGATiON to the 22ntl of November, (/r) July 2. The Parliament is Dissolved by Proclamation. THE INTERREGNUM. 1vj88. J^ecember 26. {Wednesday.) The Assembly con- vened by his Royal Highness, William Henry, Prince of Orange, meets in the Commons' House, Westminster. Henry Powle, Esq., is called to the Chair, having on his left hand, Paul Jodreli, Esq., Clerk of the House of Commons, and Samuel Gillham, Esq , Assistant Clerk. About 160 are present. On the Question being moved, " What authority they had to assemble ?" it is agreed, " That the request of his Highness, the Prince, is a sufficient Warrant." Resolved, nem. con., That thanks be given to his Highness for coming into this Kingdom. Rcsulced, nem. con.. That his Highness be desired to take upon him the xVdministration uf Public xVff airs, l)oth Civil and ^lilitary, and the disposal of the Public Kevenues, for the Preservation of Religion, Itights, I-aws, Liberties, and the Peace of the Nation. Rejoiced, nem. con.. That his Highness be desired to take into his particidar Care the present Condition of Ireland. Resolved, nem. con., that his Highness be requested to under- take and execvite the jMatters aforesaid, till the Meeting of the intended Convention on the 22nd of January next. Resolved, nem. con., that his Highness cause Letters to be written subscribed by Himself, to tlie I^ords Spiritual and Tem- poral, being Protestants, and to the sevei"al Counties, L^niver- sities, Cities, Poroughs, Cinque Ports of England, \\'ales, and the Town of Berwick on Tweed, for a Convention to meet on the said 22nd of January. Ci) 1087, Aptili. The King publishes a Declaration, " He heartily wislies all his subjects were members of the Catholic Church, but promises them protection in their own Religion, and perfect enjoyment in their Property." l;i^8, Aug.li. The King declares in Council his intention to call a Parliament on the 27th Nov., and the Chancellor had orders to i^sue Writs on the oth September, but they were never sent. He again, in December, promises to call a Free Parliament, to meet on the 15th January next enniing, but on the 10th December itcalls the Writs which had been issued, atid orders the Great Seal to be thrown into the Thames. He finally leaves England on the 'iJrd December. (/.jThe Ninth Volume of the Commons' Journals ends on the 28th April. The Tenlh commences with the I.'eclaration of the most illustrious Prince, William Henry, Prince of Orange, of Reasons which induie him to appear in Arms in the Kingdom tf England, lie lands at Torbav, Nov. 5, ItiSS, and arrives in London on Tuesday, 17th December. Dec. 21, about liO Peers, Spiritu.il and Temporal, meet the Prince at a Council at St. James's. On the 23rd, about !)0 Peers meet at Westminster, and address the Prince, who issues an Order for all such Persons as have served as Knights, Citizens, and Burgesses, in any of the Parliaments, during the Keign of the late King Charles U. to meet him at .St. James's, on Wednesday, the -(ith of December, and that the Mayor and Aldermen, and 50 of the Common Council of the City of London, be present at the same time. Being met. His Highness asks advice as to the best method of calling a Free Parliament. The Assembly then removes to the Commons' House at Westminster. ■J'lie Lords' Journals have no Entries till the 2-2nd Jan., 1G89. THE INTERltF.GNU.Ar, 001 An " Associaliou" for Defence i)f the rrotestaiit l{elij;ion, and l(ib8. for maintaining" tlie Ancient (iovcrnnicrit, \c., is read. RcxoU-rd, Tlie Time of Notice for electing ^femliers for Coun- ties sliall he i''ive Day;-:, and for Cities, \c., 'J'liree Days. Dec. 2il I*. ^I. His Higimess attends at St. James', and in Answer to the Address, " A^'ill endeavour to secure the Peace of the Nation, until tlie ^Meeting of the Convention in January." The AssembI}' rises without appointing any further IVIeeting. Letters are issued for Electing A[cnibers for the Convention. January 22. {Tuesday) Tlie Convention meets. iGso. "Whereas divers of the liords Sinritual and Temporal, and of the Knights, Citizens, and Burgesses, INIemliers of the Parlia- ments of King Charles 11., and Aldermen of tiie Common Coiui- cil of the City of I-ondon, in tlicir late ^Vssenibly at AA'estminster, have desired his Highness, A^'iUi^m Henrj', Prince of Orange, to cause his Highness's I^etters to be written to the I^ords Spiri- ttial and Temporal of this Kingdom, being Protestants; and to the Counties, Cities, Boroughs and Places, that of right ought to choose and send ^Members to Parliament, so as their T/Ordships and the Persons so to be elected may meet and sit at AVestminster, on the 22nd day of January, KiiiJi, to consider of the great and weighty affiiirs of the Nation ; and whereas his Highness hr.th, pursuant thereunto, writ, and sent such his lietters to the I^ords Spiritual and Temporal, and to the Places that of right ought to send ^lembers to Parliament : the Lords Spiritual and Temporal whose names are hereunder written have accordingly this day met in Convention in the House of Peers, at Westminster. Archbishop of York, Bishojis, I^ondon, Winton, Ely, Landalf, Lyncolne, St. Asaph, (ilouces-ter, ]Jochester, Bath and AVells, Norwich, Peterborough, Bristol], Chichester, St. Davids, Oxon; Duke of Norfolk (Earl ^Marshall); Dukes, Ormond, Beauford, Northumberland ; Marrptisses, AVin- chester, Hallyfax, Lord Great Chamberlain ; E(irl.s of Oxon, Shrewsbury, Kent, Derby, Rutland, Huntingdon, Bedford, Pem- brooke, Dorsett, Exon, Bridgewater, North'ton, Devon, Bristol, AA^estmorland, Manchester, IMulgrave, Bivers, Stamford, A\'in- chelsea, Kingston, Carnarvon, Chesterfield, Thanet, Scarsdale, Clarendon, Craven, Aylisbury, Burlington, I-itchfield, Danbv, Sussex, Fevershain, ^Lacclesfield, Yarmouth, Berkeley, Not- tingham, "Rochester, Abindon ; Vixcounfs Fauconbcrg, I\lordant, Newport, AVeymouth, Hatton; Lon/s Delawnr, Ferrers, De Grey of Ruthin, Eure, AAliarton, Paget, North, Chandos, jMountague, Grey de Wark, Lovelace, ?Jaynard, Herbert de Chcrburv, Jermin, Vaughan, AA'ard, Asteley, Lucas, Berkeley, Cornwalli's, Delamer, Crewe, .(Vrundell de Trerise, Ijumley, Carteret Ossuls- ton, Dartmouth, Godolphin, Churchill, Griliin. The Marquis of Hallyfax is aj)pointed Sjieaker of the Lords, pro tempoi-e, and presents a Letter from his Highness the Prince of ( )range. 'l"he Commons meet in the Commons' House. Henrv Powle, Esq., is chosen Speaker, Paul Jodrell, Esq., Clerk of the House, Samuell (4uillym, Esq., Clerk Assistant, and John Topham, Esq., Serjeant at Arms. The Commons consist of .512 Members. The Clerk of the Crown delivers the Book of Returns, and the Names are called. Both Houses vote an Address of 'J'hanks to. the Prince. Jun, 2'.i, The Coiiuiiom debate on the Sulijcct of A'acancies in 602 THE INTERREGNUM. 1689. their House. It is said, " There has not been a better Election a great while, without force of the Lord liieutenants. But whole Counties have as yet no Members." " It is the Order of the House on a Vacancy to send I^etters. The Proper Officer has no Seal, and cannot execute your Order. INfake a general Rule for filling up such Vacancies, that, upon such a INIotion, appli- cation may be made to the Pi"ince, for his Letter to fill up that Vacancy." " There never was a Letter sent to the Chancellor for a Writ to fill up a Vacancy, but by a Warrant from the Speaker of the Commons. The easiest way is by Warrant or Order from you, and not to trouble the Prince." " A AVarrant from this House has always been obeyed by the Lord Keeper, or Chancellor, as sufficient Authority for a Writ. You are here as a Convention, which is a Resemblance of Par- liament. The King, before he calls a Parliament, sends his Writ to choose Members. After you have sat here, then your Precept. You may send your Letter or Warrant to the Coroner." The Speaker. " Anciently, you sent to the liOrd Keeper or Chancellor to issue out his AVrit. There was a great Controvers}'^ (1672) about my Lord Chancellor, Shaftesbury, sending out Writs to fill Vacancies, on his INIotion, before he had notice from this House." They Resolve, "Where Vacancies have happened, or shall happen, by death or removal of any Members, or double Returns, Mr. Speaker do, upon ]\Iotion to this House, by his Letter, make application to his Highness, desiring him to issue out his Ijetter, directed to the respective Coroner, or Coi'oners, or Chief Magistrates, as formerly, for supplying such Vacancies." Jan. 25. The liOrds' House is called. Present, the Arch- bishop of York, 15 Bishops, 6 Dukes, 2 Marquisses, the Lord Great Chamberlain, 40 Earls, 3 Viscounts, 31 Barons. Absent, 31 Barons, (5 Inf Mt., 2 Extra Regnum, 1 in Tower, 2 Sick, C Absent) ; 5 Bishops, (1 Extra Regnum, 2 Sick, 1 Aged, 1 Ab- sent) ; 3 Viscounts, (1 Inf ^t, 1 Sick) ; 20 Earls, (4 Inf. Mt., 6 Sick, 3 Absent, 1 Extra Regnum, 1 Aged, 2 in Tower) ; 1 Marquis (Extra Regnum); 4 Dukes, (1 Inf. Mi., 1 Extra Regnum, 2 Absent); Archbishop of Canterbury. Edward Uriffin, Lord Griffin de Brabrook is introduced by Patent, 3 Dec, 4 Jac. 2, and is placed lowest on the Barons' Bench. George Fitz Roy, Duke of Northumberland, is introduced by Patent, 6 April, 34 Car. 2, and is placed according to his creation. Jan. 28. The Duke of Southton is introduced on his Patent, 10 Sept., 27 Car. 2, and is brought to his Place. The Commons Resolve, that King .Tames 2 has abdicated the Government, &c. &c., and that the Throne is vacant. Jan. 29. The Lords Negative the Question, " Whether a Regency, with the Administration of Regal Power, imder the Style of King James 2, during the Life ot the said King .James, be the best and safest way to preserve the Protestant Religion, and I^aws of this Kingdom." The Houses Agree, " That it has been found by experience to be inconsistent with the safety and welfare of the Protestant Religion to be governed by a Popish Prince." The Commons Order a Committee to consider the General Heads of such things as arc absolutely necessary for better securing our Religion, l-aws, and Lil)crtics.^ WILLIAM AND MARY. G03 Jan. 30. George, Lord Carteret, is introduced, and is placed 1689. according to the elate of his Patent, 19 Oct., 33 Car. 2. The Lords amend the Commons' vote of Jan. 28, by the word '^deserted" instead of "abdicated" and do not agree that "