Jani
Anglorum
Facies
Nova
.
THat
King
John's
Charter
exhibits
the
full
form
of
our
English
Great
and
most
General
Councils
in
those
days
;
if
I
may
fay
so
,
is
the
Vulgar
Error
of
our
Learned
Men
;
and
't
is
that
which
hath
given
the
only
prejudice
to
the
pains
of
the
Judicious
Mr.
Petyt
,
who
,
I
must
fay
,
has
laid
the
Foundation
,
and
sure
Rule
of
understanding
the
Ancient
Records
and
Histories
,
which
mention
the
Great
or
General
Councils
,
in
his
distinctions
between
the
Curia
Regis
,
Barones
Regni
,
and
the
Servitia
which
were
paid
,
or
performed
by
reason
of
Tenure
:
And
those
Common
Prestations
,
the
King
meets
his
People
;
As
Hidage
,
Corrage
,
and
Carvage
,
and
many
other
things
brought
in
by
necessity
,
and
by
the
Common
Consent
of
the
whole
Kingdom
.
This
I
must
observe
upon
the
differences
here
taken
,
that
't
is
not
necessary
to
the
maintaining
a
real
difference
,
to
insist
upon
it
,
that
none
of
these
words
were
ever
used
to
signifie
what
is
the
natural
signification
of
the
other
:
for
Example
,
Barones
and
Milites
,
are
sufficiently
distinct
in
their
sence
;
and
yet
when
but
one
of
the
words
is
used
,
either
of
them
may
,
and
often
does
take
in
the
other
:
But
when
Barones
,
Milites
,
&c.
are
set
together
,
the
Barones
are
a
Rank
of
men
superiour
to
the
ordinary
Milites
;
't
is
enough
to
prove
that
the
differences
above
mentioned
are
rightly
taken
,
if
according
to
the
subject
matter
,
and
circumstances
,
we
can
clearly
divide
the
one
from
the
other
.
Now
let
us
see
the
words
of
the
Charter
,
Common
Councils
for
making
of
Laws
,
and
Voluntary
Gifts
to
the
Crown
,
or
only
of
such
as
concern'd
the
King's
Immediate
Tenants
.
Nullum
Scutagium
vel
Auxilium
Ponam
in
Regno
nostro
,
nisi
per
Commune
Consilium
Regni
nostri
,
nisi
ad
corpus
nostrum
redimendum
,
&
ad
primogenitum
filium
nostrum
militem
faciendum
,
&
ad
primogenitam
filiam
nostram
semel
Maritandam
,
&
ad
hoc
non
fiet
nisi
rationabile
auxilium
.
Simili
modo
fiat
de
Civitate
Londinensi
.
Et
Civitas
Londinensis
habeat
omnes
antiquas
Libertates
,
&
Liberas
consuetudines
suas
,
tam
per
terras
,
quam
per
aquas
:
praeterea
,
volumus
&
concedimus
quod
omnes
aliae
Civitates
,
&
Burgi
,
&
Villae
,
&
Barones
de
quinque
portubus
,
&
omnes
portus
,
habeant
omnes
Libertates
,
&
Liberas
consuetudiues
suas
,
&
ad
habendum
Commune
Consilium
Regni
,
aliter
quam
in
tribus
casibus
praedictis
Here
the
London
Edition
of
Matthew
Paris
,
Sense
is
,
that
except
in
those
three
Cases
,
wherein
the
King
might
take
Aid
or
Escuage
at
the
Common
Law
,
without
the
Consent
of
a
Common
Council
,
for
all
other
Aids
,
or
Escuage
,
a
Common
Council
should
be
held
;
and
the
City
of
London
,
all
Cities
,
Burroughs
,
Parishes
,
or
Townships
;
that
is
,
the
Villani
their
Inhabitants
,
the
Barons
,
or
Free-men
of
the
Five
Ports
,
and
all
Ports
should
amongst
other
Free
Customs
,
enjoy
their
right
of
being
of
,
or
constituting
the
Common
Council
of
the
Kingdom
.
But
so
much
is
certain
,
that
if
these
,
or
any
besides
the
Tenants
in
Capite
came
before
this
Charter
,
and
were
at
the
making
of
it
,
their
Right
is
preserved
to
them
by
it
,
and
is
confirmed
by
the
Charter
of
Hen.
3.
cap.
9.
Civitas
Lond.
And
for
an
evidence
of
what
was
their
Custom
and
Right
,
as
to
the
Great
Council
of
the
Kingdom
:
both
these
Charters
were
made
to
,
and
in
the
presence
of
all
the
Clergy
,
Counts
,
Barons
,
and
Free-men
of
the
Kingdom
.
King
Johns
(
as
Mr.
Selden
tells
us
he
conceives
)
was
made
by
the
King
,
and
his
Barones
&
liberos
homines
totius
Regni
,
But
the
Record
which
he
cites
in
the
Margent
puts
it
out
of
all
doubt
,
that
the
Charter
was
made
by
them
all
.
Haec
est
conventio
inter
Dominum
Johannem
,
Walteri
Marescallum
Dei
&
Sanctae
Ecclesiae
Angliae
,
And
in
another
Record
it
is
said
to
be
,
Inter
nos
&
Barones
&
liberos
homines
Dominii
nostri
:
So
that
the
liberi
homines
of
the
Kingdom
were
present
;
and
who
were
at
the
making
of
the
Great
Charter
of
Hen.
3.
which
has
been
so
many
times
confirmed
,
it
acquaints
us
at
the
end
.
Pro
hac
autem
donatione
&
concessione
libertatum
,
The
Charter
here
mentioned
of
the
Forest
had
been
granted
in
the
Second
of
Hen.
3.
as
was
the
Great
Charter
;
Archiepiscopi
,
Episcopi
,
Abbates
,
Priores
,
Comites
,
Barones
,
Milites
&
liberè
tenentes
,
&
omnes
de
Regno
.
Not
to
produce
here
the
proof
of
such
General
Assemblies
from
the
Conquest
downwards
to
the
49
H.
3.
I
may
say
upon
what
I
have
already
shown
,
that
this
interpretation
of
King
John's
Charter
,
in
Capite
are
divided
from
the
rest
,
and
made
a
Common
Council
for
Escuage
only
,
agrees
better
with
the
Records
and
Histories
,
than
the
notion
,
that
they
alone
compos'd
the
whole
Council
of
the
Kingdom
,
which
can
never
be
proved
.
But
I
will
take
the
words
together
,
even
as
they
who
are
fond
of
the
conjecture
of
their
being
the
full
Representative
Body
of
the
Nation
would
have
it
.
Et
ad
habendum
Commune
Consilium
Regni
de
auxiliis
assidendis
,
aliter
quam
in
Tribus
casibus
praedictis
,
&
de
Scutagiis
assidendis
submoneri
faciemus
Arch.
Ep.
Ab.
&
Majores
Barones
Regni
singillatim
per
literas
nostras
.
Here
was
I
grant
the
form
of
a
Common
Council
of
the
Kingdom
,
to
the
purposes
here
named
,
which
are
for
Aid
and
Escuage
:
Comon
Socage
,
such
as
held
Geldable
,
or
talliable
Lands
,
the
Escuage
concern'd
the
Tenants
by
Knights
Service
,
King's
Tenants
in
chief
,
which
appears
in
the
very
confining
the
Summons
to
the
Majores
Barones
Regni
,
and
others
which
held
of
the
King
in
Capite
.
Whereas
(
1
)
there
were
Majores
Barones
,
who
held
not
by
any
Feudal
Tenure
,
that
were
not
oblig'd
to
attend
at
the
Kings
ordinary
Courts
,
and
they
,
with
them
that
were
under
their
Jurisdictions
,
had
their
Common
Councils
apart
,
though
all
might
meet
at
General
Councils
:
So
that
what
was
a
Common
Council
of
the
Kingdom
to
this
purpose
,
was
not
so
indefinitely
to
all
.
2.
There
were
others
who
were
oblig'd
,
or
had
right
to
be
of
the
Common
Council
of
the
Kingdom
,
though
not
upon
the
accounts
mentioned
in
this
Charter
.
1.
The
Norman
Prince
,
to
the
encouragement
of
those
great
men
that
adventured
for
his
glory
,
made
some
of
them
as
little
Kings
,
and
gave
them
the
Regal
Government
of
several
Counties
,
in
which
they
with
the
great
men
thereof
,
and
the
liberè
Tenentes
Freeholders
,
made
Laws
for
the
benefit
of
their
Inheritances
,
and
the
maintaining
the
peace
;
sicut
ipse
Rex
tenebat
Angliam
ad
coronam
:
So
that
he
wanted
nothing
but
a
Crown
to
make
him
King.
In
a
Charter
of
Count
Hugh's
,
Ego
Comes
Hugo
,
&
mei
Barones
confirmavimus
.
And
one
of
his
Successors
grants
to
his
Barons
,
Quod
unusquisque
eorum
Curiam
suam
habeat
liberam
de
omnibus
placitis
ad
gladium
meum
pertinentibus
.
And
at
the
Coronation
of
H.
3.
Matthew
Paris
tells
us
,
for
a
Sign
,
that
he
had
of
right
a
very
extraordinary
power
:
Comite
Cestriae
gladium
Sancti
Edwardi
qui
Curtein
dicitur
ante
Regem
bajulante
,
in
signum
quod
Comes
est
Palatinus
,
&
Regem
si
oberret
habeat
de
jure
potestatem
cohibendi
,
&c.
Though
this
was
the
chief
Count
Palatine
,
yet
others
had
their
separate
Councils
,
where
they
made
Laws
.
William
Fitz-Osborn
was
made
Earl
of
Hereford
under
William
the
First
,
of
whom
William
of
Malmsbury
says
;
Manet
in
hunc
diem
in
Comitatu
ejus
apud
Herefordum
legunm
quas
statuit
inconcussa
firmitas
,
Of
the
same
nature
are
Examples
in
the
Constitutions
of
the
old
Earls
of
Cornwal
,
To
return
to
the
County
Palatine
of
Chester
,
general
Councils
he
was
present
.
Therefore
this
Council
mention'd
in
King
John's
Charter
,
where
none
but
Tenants
in
Capite
(
obliged
to
the
ordinary
Incidents
of
such
Tenure
)
were
,
was
no
general
Council
of
the
whole
Kingdom
,
as
our
Modern
Authors
would
have
,
though
it
were
for
the
matters
of
ordinary
Tenure
,
all
that
were
concern'd
being
at
it
.
In
the
Year
1232.
King
Hen.
3.
held
his
Curia
or
Court
at
Winchester
,
at
Christmas
,
which
was
one
of
the
Court
days
,
or
rather
times
of
meeting
;
for
it
often
held
several
days
;
Soon
after
King
Henry's
Christmas
Court
,
Quo
audito
Comes
Cestriae
Ranulphus
pro
Magnatibus
Regni
loquens
respondit
,
Comites
Barones
ac
Milites
qui
de
eo
tenebant
in
Capite
cum
ipso
erant
corporaliter
praesentes
,
Here
was
the
Earl
of
Chester
,
this
being
a
Summons
to
a
General
Assembly
;
but
when
the
King
asked
money
for
his
expences
in
the
Wars
,
he
tells
him
in
the
Name
of
all
the
Laity
,
that
those
which
held
of
him
in
Capite
(
which
is
as
much
as
to
say
he
was
none
of
them
)
served
him
in
their
Persons
,
and
at
their
own
charge
;
therefore
they
beg'd
leave
to
be
gone
,
Great
Council
of
the
Kingdom
,
took
upon
them
to
Umpire
between
the
King
and
his
Tenants
,
and
to
tell
him
that
he
had
no
pretence
for
aid
from
them
,
for
they
had
perform'd
their
services
due
.
If
only
Tenants
in
Chief
,
by
Knights
service
,
are
here
intended
by
Tenants
in
Capite
,
they
only
most
commonly
attending
the
King
in
Person
,
though
sometimes
all
Tenants
whatever
,
were
required
to
attend
;
and
so
in
King
John's
Charter
,
the
Summons
be
taken
,
to
be
only
of
such
Tenants
in
Chief
,
then
the
aid
there
is
meant
only
of
such
as
comes
from
them
;
but
that
takes
not
in
all
that
are
within
the
meaning
of
King
John's
Charter
,
it
adding
simili
modo
fiat
de
Civit.
Lond.
which
paid
a
Socage
Aid
as
I
shall
shew
:
But
for
Chester
,
even
at
those
times
when
aids
were
granted
by
more
than
the
King's
Tenants
,
the
Earls
,
Barons
,
and
Freeholders
of
Chester
gave
by
themselves
.
Prince
Edward
,
afterward
King
Edward
the
First
,
was
in
the
44th
of
H.
3.
Count
Palat.
of
Chester
,
and
he
had
his
Common
Council
there
,
wherein
he
consulted
for
the
good
of
his
Palatinate
apart
,
from
the
great
Council
of
the
Nation
:
super
statum
terr
.
illius
Domini
Edw.
Consul
.
&
propon
.
quae
hab
.
proponenda
.
Nay
so
careful
were
they
that
the
Kings
Feudal
Jurisdiction
should
not
interfere
with
the
Earls
or
other
Lords
there
,
that
they
insisted
upon
it
as
their
Prerogative
,
so
say
many
Records
,
that
if
one
held
by
Knights
service
of
the
King
,
and
of
any
Lord
within
the
Palatinate
also
,
the
Heir
should
be
in
Ward
to
the
Lord
there
,
not
to
the
King
;
and
so
by
consequence
of
the
other
Incidents
and
attendance
at
the
Kings
Courts
;
so
that
those
of
the
County
of
Chester
,
could
be
no
part
of
this
Common
Council
,
which
therefore
was
not
general
.
In
an
Inquisition
taken
22
Edw.
1.
Dicunt
quod
a
tempore
quo
non
extat
memoria
,
Regis
nunc
secundum
consuetudinem
per
quandam
praerogativam
hactenus
in
Com.
Cestr
.
optentam
&
ufitatam
Domini
feodorum
in
Com.
praedict
.
post
mortem
tenentium
suorum
custodiam
terrarum
&
tenement
.
quae
de
eis
tenentur
per
servitium
militare
usque
ad
legit
.
aetat
,
haered
.
hususm
.
ten
.
licet
iidem
tenentes
alias
terr
.
&
ten
.
in
Com.
praed
.
vel
alibi
de
Domino
Rege
tenuerunt
in
Capite
semper
huc
usque
habuerunt
,
&
habere
consueverunt
,
&c.
King
Edward
the
First
,
Arch.
Ep.
Ab.
Pri.
Com.
Bar
Mil.
&
omnibus
aliis
fidelibus
suis
de
Com.
Cestriae
,
and
desires
them
that
since
the
Prelati
,
Comites
,
Barones
&
alii
de
Regno
,
which
one
would
think
took
in
the
whole
Kingdom
,
had
given
him
the
fifteenth
part
of
their
moveables
,
they
would
do
the
like
,
and
we
find
a
Record
of
their
giving
a
part
from
the
rest
of
the
Kingdom
.
Cum
probi
homines
&
Communitas
Comitatus
Cestriae
sicut
caeteri
de
Regno
nostro
15
m.
So
that
these
were
then
no
part
of
the
commune
concilium
Regni
within
this
Charter
,
and
no
man
can
shew
that
they
were
divided
since
the
time
of
William
the
First
.
2.
There
were
others
who
were
obliged
,
or
had
right
to
be
of
the
Common-Council
of
the
Kingdom
,
though
not
upon
the
accounts
mentioned
in
this
Charter
;
which
if
it
appear
,
then
this
was
not
the
only
Common
Council
of
the
Kingdom
,
or
the
full
form
of
it
,
because
there
were
Common
Councils
wherein
were
other
things
treated
of
,
and
other
Persons
present
.
For
this
it
is
very
observable
,
there
is
nothing
but
Aid
and
Escuage
mentioned
,
nothing
of
Advice
or
Authority
given
in
the
making
of
Laws
,
which
were
ever
enacted
with
great
solemnity
,
and
all
the
Proprietors
even
of
Palatinate
Counties
were
present
in
Person
or
Legal
Representation
,
when
ever
a
general
or
universal
Law
was
made
that
bound
the
Kingdom
.
But
to
wave
this
at
present
,
I
shall
give
one
instance
from
Records
,
that
others
were
to
come
or
had
right
,
besides
they
that
came
upon
the
account
of
Tenure
as
here
mentioned
.
The
Pope
writes
to
King
Hen.
3.
Falcatius
de
Brent
the
chief
of
them
,
was
by
the
advice
of
the
Magnates
totius
Regni
,
all
the
great
men
of
the
Kingdom
,
called
and
admonished
to
receive
the
Judgment
of
the
King's
Court
,
according
to
the
Law
of
the
Land.
Cum
aliâs
teneatur
ratione
possessionum
magnarum
,
&
officii
maximi
quod
habuit
in
Curiâ
nostrâ
,
ad
nos
in
consiliis
nostris
venire
non
vocatus
.
Although
besides
the
obligation
to
obey
the
King's
Summons
,
he
was
bound
by
reason
of
great
Possessions
,
and
a
very
considerable
Place
at
Court
to
come
to
the
King's
Councils
,
though
not
called
;
that
is
,
when
ever
it
was
known
that
a
Council
was
to
meet
,
which
might
have
been
done
by
an
Indiction
of
an
Assembly
without
sending
to
any
body
.
This
shews
very
plainly
that
there
were
others
to
come
to
the
Great
Councils
,
besides
those
that
were
to
come
to
those
Common
Councils
,
and
other
occasions
for
meeting
;
for
confine
it
to
the
persons
and
causes
here
specified
they
were
to
have
Summons
,
the
Majores
Special
,
the
Minores
General
by
the
Sheriffs
,
and
40
days
notice
;
whereas
the
King
said
,
and
could
not
be
ignorant
of
King
John's
Charter
,
which
was
but
10
years
before
,
that
Falcatius
was
to
come
without
Summons
.
But
there
is
a
further
irrefragable
Argument
in
the
Negative
,
viz.
that
this
Commune
Consilium
Regni
,
was
not
the
Great
Council
of
the
Nation
:
And
that
is
the
Judgment
of
a
whole
Parliament
in
the
Fortieth
of
Edw.
Communi
Consilio
Baronum
nostrorum
and
yet
the
Prelats
,
Dukes
,
Counts
,
Barons
and
Commons
,
upon
full
deliberation
in
Parliament
,
resolve
that
the
resignation
was
void
,
being
contrary
to
the
King's
Oath
,
in
that
't
was
Sanz
Leurassent
,
without
their
Assent
:
And
the
King
could
not
bring
the
Realm
in
Subjection
,
Sanz
assent
de
eux
.
If
it
had
been
in
the
Great
Council
of
the
Kingdom
,
though
it
was
not
possible
for
the
parties
then
at
Council
to
have
been
assenting
personally
to
King
John's
Resignation
;
yet
they
had
assented
by
a
Natural
as
well
as
Legal
Representative
,
as
has
been
long
since
shewn
by
the
Judicious
Mr.
Hooker
.
To
be
commanded
we
do
consent
,
That
King
John
resigned
his
Crown
,
without
a
Parliamentary
Consent
,
is
to
be
taken
for
granted
after
this
solemn
determination
;
the
only
question
is
,
whether
't
was
with
the
consent
of
his
Curia
,
or
such
a
Commune
Consilium
Regni
,
as
his
Charter
sets
forth
.
The
King
had
summoned
his
Military
Council
to
Dover
,
in
the
14
of
his
Reign
,
as
in
the
third
he
had
to
Portsmouth
;
they
which
were
summoned
to
the
last
are
specified
under
the
Denominations
of
Comites
,
Barones
&
Omnes
qui
Militare
Servitium
ei
debebant
,
this
was
to
have
them
pass
the
Seas
with
him
,
and
they
that
stay'd
at
home
,
gave
him
Escuage
.
Veniente
autem
die
statuto
,
multi
impetratâ
licentiâ
dant
Regi
de
quolibet
Scuto
duas
Marcas
Argenti
.
Here
was
a
Military
Council
,
and
a
Military
Aid
given
;
they
that
were
with
him
at
Dover
are
not
particularly
described
by
Matthew
Paris
,
but
he
tells
us
,
Convenerunt
Rex
Anglorum
,
&
Pandulphus
cum
proceribus
Regni
apud
domum
Militum
,
Templi
juxta
Doveram
15.
die
Maii
,
ubi
idem
Rex
juxta
quod
Romae
fierat
sententiatum
,
resignavit
coronam
suam
cum
Regnis
Angliae
,
&c.
This
was
Communi
Consilio
Baronum
nostrorum
,
Matt.
Paris
and
Knyghton
render
the
Charter
.
As
Matt.
Westminster
ad
optimum
consilium
Baronum
nostrorum
,
viz.
Duces
,
Comites
&
Barones
,
Milites
&
Servientes
cum
equis
&
armis
:
So
that
here
was
a
Military
Summons
to
them
that
ought
to
come
,
because
of
Services
,
which
is
explained
by
the
Summons
to
Dover
,
which
was
to
Omnes
qui
militare
servitium
ei
debebant
,
if
he
thought
all
were
bound
to
that
Service
,
and
summoned
all
,
still
the
Parliaments
Judgment
satisfies
us
,
either
that
the
rest
were
not
obliged
,
and
therefore
came
not
,
or
if
they
came
as
they
often
did
in
Hen.
3.
time
,
upon
the
like
summons
,
as
appears
by
many
Records
of
that
Age
,
that
the
King's
Tenants
only
assented
to
the
Resignation
.
Either
way
it
resolves
into
this
,
that
a
Council
of
the
King's
Tenants
,
was
not
a
Council
that
could
lay
any
Obligation
upon
,
or
pretend
to
a
Representation
of
the
whole
Kingdom
.
Indeed
I
meet
with
a
MS.
wrote
I
suppose
in
the
time
of
Hen.
6.
above
two
hundred
years
past
,
the
Author
of
which
(
being
induced
by
all
the
Records
,
or
Histories
,
which
had
then
appeared
to
him
,
to
believe
that
nothing
could
be
of
Universal
Obligation
,
even
in
King
John's
time
,
but
what
was
assented
to
as
universally
as
Laws
were
when
he
wrote
)
gives
us
King
John's
Charter
of
Resignation
in
a
very
full
and
complete
form
,
as
if
it
had
been
—
Per
consilium
&
assensum
nostrorum
Procerum
Arch.
Ep.
Ab.
Prior.
Comitat.
Great
Councils
,
he
would
remove
the
Objection
that
had
been
long
before
made
,
which
was
,
that
this
Resignation
made
in
the
ordinary
Curia
,
was
not
in
a
Legal
Representative
of
the
Kingdom
.
It
seems
that
both
the
Parliament
and
this
Author
were
then
satisfied
that
the
King
's
Feudal
Peers
or
Tenants
in
Chief
could
not
make
a
Commune
Consilium
Regni
,
as
a
full
Parliament
in
King
John's
time
.
Besides
it
is
worthy
of
consideration
,
that
if
none
but
Tenants
in
Capite
were
of
the
Common
Council
of
the
Kingdom
at
this
time
,
then
all
the
Abbots
,
Priors
,
and
other
Dignified
Clergy
,
who
held
not
of
the
King
in
Chief
,
and
yet
were
very
numerous
,
together
with
the
whole
body
of
the
inferiour
Clergy
,
were
entirely
excluded
from
,
and
never
admitted
to
this
Common
Council
any
more
than
the
rest
of
the
Layty
,
from
the
time
of
William
the
First
,
to
the
forty
ninth
of
Henry
the
Third
.
This
I
conceive
is
enough
in
the
Negative
,
that
the
King's
Tenants
could
not
within
the
meaning
of
this
Charter
make
the
Common
or
General
Council
of
the
Nation
:
If
it
be
said
that
they
made
the
Common
or
ordinary
Council
for
matters
of
Tenure
or
ordinary
Justice
,
I
shall
not
oppose
it
,
in
which
sense
they
might
be
said
to
be
a
Commune
Consilium
Regni
,
but
that
sense
cannot
be
here
intended
,
because
the
words
are
Commune
Consilium
de
auxiliis
assidendis
aliter
quam
,
&c.
&
de
scutagiis
,
&c.
So
that
't
is
manifestly
no
more
than
a
Common
Council
for
the
assessing
of
Aids
and
Escuage
;
and
if
I
shew
that
the
Aids
and
Escuage
concern'd
the
King's
Tenants
only
,
then
the
Common
Council
of
the
Kingdom
dwindles
into
a
Common
Council
of
the
King's
Tenants
for
matters
concerning
their
Tenure
.
If
no
instance
can
be
shewn
from
Record
or
History
of
Auxilia
or
Aids
raised
by
the
Kings
of
England
without
more
general
consent
,
except
such
as
were
raised
of
his
immediate
Tenants
;
and
those
cases
wherein
the
King
here
reserved
to
himself
a
power
of
charging
with
Aid
or
Escuage
without
consent
of
a
Common
Council
concern'd
his
Tenants
only
,
and
more
than
those
Tenants
were
parties
or
privies
to
this
Charter
,
it
must
needs
be
that
the
other
cases
wherein
the
consent
of
a
Common
Council
was
requisite
,
concerned
Tenants
only
,
since
only
their
consent
is
required
,
and
they
only
stood
in
need
of
this
clause
of
the
Charter
.
That
two
of
the
three
above
mentioned
(
viz.
)
Aid
to
make
the
Eldest
Son
a
Knight
,
and
to
marry
the
Eldest
Daughter
were
incident
to
Tenure
,
appears
by
the
Stat.
West
.
1.
Cap.
36.
which
ascertains
the
Aid
which
before
as
that
declares
was
not
reasonable
,
and
shews
upon
whom
it
lay
(
viz.
)
Tenants
by
Knights
Service
and
Socage
Tenants
,
and
there
is
no
doubt
,
but
if
the
King
might
by
Law
have
required
Aid
,
in
those
two
cases
he
might
have
done
it
,
in
the
third
for
the
redemption
of
his
own
body
,
which
was
a
service
a
King
of
England
,
especially
after
the
loss
of
Normandy
,
which
often
occasioned
the
exposing
their
Sacred
Persons
,
Though
the
Statute
here
spoken
of
be
only
in
the
affirmative
,
what
Tenants
by
these
Services
shall
pay
:
Yet
this
has
been
taken
to
be
pregnant
with
a
Negative
as
to
all
others
not
mentioned
.
So
11
Hen.
4.
fol.
32.
Nul
grand
sergeanty
ne
nul
auter
tenure
mes
seulement
ceux
queux
teigne
,
in
Chevalry
&
en
Socage
ne
paieront
Aid
a
file
marrier
pour
ceo
Stat.
de
West
.
1.
cap.
36.
voet
que
ceux
deux
tenures
serroint
charges
&
ne
parle
de
auters
tenures
;
that
is
,
none
but
Tenants
by
Knights
Service
and
Socage
are
liable
to
these
Auxilia
.
But
over
and
above
these
incidents
,
whether
with
consent
of
Tenants
,
or
advice
of
other
Council
,
or
meerly
of
their
arbitrary
motion
Kings
used
to
raise
money
upon
their
Tenants
,
and
these
were
called
Auxilia
,
which
is
the
word
used
in
this
Charter
of
King
John
,
the
leavy
upon
Tenants
by
Knights
Service
was
called
Escuage
,
because
of
their
Servitium
Scuti
,
Service
of
the
Shield
,
that
upon
Tenants
of
their
Demesns
in
Common
Socage
,
Tallage
,
which
is
a
word
that
might
be
of
a
large
extent
,
as
it
signifies
a
cutting
off
from
the
Estate
,
but
being
it
was
never
used
as
an
imposition
with
pretence
of
Duty
but
upon
his
Tenants
,
and
that
which
was
raised
upon
Tenants
by
Knights
Service
had
its
proper
name
,
therefore
this
has
generally
been
applied
to
the
payments
of
Socage
Tenants
,
either
as
ordinary
Services
,
that
is
,
upon
the
ordinary
occasions
wherein
't
was
of
course
raised
by
the
King
,
or
upon
extraordinary
occasions
and
necessities
,
which
required
advice
.
Yet
as
an
exaction
or
unjust
payment
it
has
been
taken
in
the
largest
sence
to
reach
to
all
Tenants
and
others
;
as
in
William
the
First
his
Emendations
or
Charter
of
Liberties
,
Volumus
etiam
ac
firmiter
praecipimus
&
concedimus
,
In
a
General
Council
of
the
whole
Kingdom
it
had
been
setled
what
the
King
should
have
of
his
Tenants
by
reason
of
Tenure
,
and
what
Free
Services
he
should
have
even
of
those
Freemen
which
were
not
his
Tenants
.
Thus
by
the
Oath
of
Fealty
or
Allegiance
and
by
the
Law
of
Association
,
And
besides
this
there
were
Services
belonging
to
the
Crown
,
which
lay
upon
the
Lands
of
Freemen
;
To
instance
in
Treasure
,
Trove
and
Royal
Mines
,
Aurum
Regis
est
&
medietas
argenti
&
medietas
ubi
inventum
fuerit
,
quodcumque
ipsa
Ecclesia
fuerit
dives
vel
pauper
.
And
this
was
as
properly
a
Service
as
the
Roman
servitus
praediorum
,
But
he
would
not
exact
or
take
from
them
by
force
any
kind
of
Tallage
.
Therefore
the
Historian
tells
us
,
But
to
proceed
to
shew
the
nature
of
the
Auxilia
,
which
came
from
Tenants
in
the
Reign
of
some
of
his
Successors
,
either
ordinary
as
common
incidents
or
extraordinary
.
By
the
Common
Law
,
West
.
1.
cap.
36.
to
every
Tenure
by
Knights
Service
and
Socage
,
there
were
three
Aids
of
money
called
in
Law
Auxilia
,
incident
and
implied
without
special
reservation
or
mention
(
that
is
to
say
)
relief
when
the
Heir
was
of
full
Age
,
Aid
pur
fair
fitx
Chevalier
,
&
Aid
pur
file
marrier
.
When
the
Lord
Cook
tells
us
that
these
Services
were
incident
to
Socage
Tenures
,
as
well
as
Knights
Service
it
must
be
intended
,
when
it
is
spoke
of
the
Services
of
the
Tenants
of
the
King
's
Ancient
Demeasn
only
,
for
they
that
held
of
the
King
by
certain
Rent
,
which
was
Socage
Tenure
,
were
not
subject
to
the
payment
of
the
Tallage
,
except
their
Land
were
of
the
Ancient
Demeasn
of
the
Crown
.
And
therefore
Robert
de
Vere
Earl
of
Oxford
,
who
held
a
Mannor
of
the
Crown
by
a
certain
Rent
,
which
to
be
sure
was
not
Knights
Service
,
Upon
search
made
he
and
his
Tenants
are
freed
from
Tallage
.
So
the
King
declares
that
he
will
not
have
Aid
,
And
before
this
Walterus
de
Esseleg
held
a
Mannor
,
quum
Praedecessores
nostris
Reges
Angliae
&
nos
talliari
fecimus
Dominica
nostra
(
it
seems
though
the
Land
had
been
of
Ancient
Demeasn
,
yet
it
was
severed
by
the
Purchase
.
)
This
Tallage
was
called
Auxilium
in
the
Record
.
Yet
the
City
of
London
being
charged
with
a
Tallage
,
the
Common
Council
dispute
whether
it
were
Tallagium
or
Auxilium
which
is
there
meant
of
a
voluntary
Aid
,
This
explains
that
part
of
the
Charter
,
simili
modo
fiat
de
Civitate
Londinensi
,
that
is
,
as
in
all
cases
besides
those
excepted
,
Escuage
or
Tallage
should
not
be
raised
but
by
a
Common
Council
of
the
Kingdom
,
that
is
,
of
all
the
persons
concern'd
to
pay
:
So
for
the
City
of
London
,
unless
the
Aid
were
ordered
in
a
Common
Council
,
wherein
they
and
all
other
Tenants
in
Chief
were
assembled
,
none
should
be
laid
upon
any
Citizens
,
but
by
the
consent
of
their
own
Common
Council
;
and
if
the
Ordinance
were
only
in
general
terms
,
that
all
the
Kings
Demeasns
should
be
talliated
,
the
proportions
payable
there
should
be
agreed
by
the
Common
Council
of
the
City
,
according
to
that
Record
,
11
Hen.
3.
Assedimus
auxilium
efficax
in
Civitati
nostra
London
.
Ita
quod
singulos
tam
Majores
quam
Minores
de
voluntate
Omnium
Baronum
nostrorum
Civitatis
ejusdem
per
se
talliavimus
.
This
per
se
talliavimus
was
a
talliating
per
Capita
,
for
when
the
Common
Council
refused
to
give
such
a
sum
in
gross
,
as
the
King
demanded
,
then
the
King
was
put
to
have
it
collected
of
every
Head
,
Whereas
by
this
Charter
the
King
might
take
Escuage
or
Tallage
in
three
cases
without
the
consent
of
the
Tenants
,
but
confin'd
to
reasonable
,
that
is
,
secundum
facultates
,
or
salvo
contenemento
,
and
in
those
cases
wherein
their
consent
was
required
,
things
were
carried
by
the
Majority
of
voyces
amongst
them
that
were
present
upon
his
Summons
,
which
sometimes
were
very
few
;
as
when
he
held
his
Court
at
Westminster
in
the
fifteenth
of
his
Reign
on
Christmass
the
chief
time
,
cum
pauco
admodum
Militum
Comitatu
,
there
arose
a
very
great
inconvenience
,
and
a
few
Tenants
called
together
at
a
time
,
when
the
rest
could
not
attend
,
as
in
Harvest
,
or
the
like
,
might
ruine
the
rest
;
therefore
this
seperate
Court
of
Tenants
is
wholly
taken
away
in
the
Reign
of
Edward
the
First
,
and
he
promises
that
no
Tallage
or
Aid
(
without
any
reservation
)
should
be
leavied
for
the
future
,
without
the
consent
of
a
full
settled
Parliament
,
not
that
it
was
incumbent
upon
all
that
came
to
Parliament
to
pay
either
Tallage
or
Escuage
;
but
as
they
were
the
Great
Council
of
the
Nation
they
should
advise
him
,
when
,
or
in
what
proportion
to
talliate
his
Demeasns
,
or
lay
Escuage
upon
his
Tenants
by
Knights
Service
:
And
when
the
King's
Tenants
paid
Escuage
by
Authority
of
Parliament
,
the
Tenants
by
Knights
Service
of
inferiour
Lords
,
were
obliged
to
pay
to
their
Lords
,
Lit.
Sect.
100.
the
Statute
is
thus
,
Nullum
tallagium
vel
auxilium
per
nos
vel
haeredes
nostros
in
Regno
nostro
ponatur
seu
levetur
sine
voluntate
&
assensu
Arch.
Ep.
Comitum
,
Baronum
,
Militum
,
Burgensium
&
aliorum
liberoum
hominum
de
Regno
nostro
.
Pursuant
to
this
the
very
same
year
is
a
Record
of
a
Summons
for
a
Parliament
to
consider
of
an
Aid
to
make
his
Eldest
Son
Knight
,
for
which
before
he
need
not
have
consulted
his
Parliament
,
nor
the
Council
of
the
Tenants
;
de
jure
Coronae
nostrae
in
hujusmodi
casu
auxilium
fieri
nobis
debet
,
However
King
John
had
in
some
measure
redressed
their
grievance
,
giving
them
assurance
that
there
should
always
be
the
general
consent
of
Tenants
for
what
was
not
payable
of
right
and
custom
,
without
any
consent
of
theirs
,
But
all
these
things
so
manifestly
relate
to
Tenure
,
both
the
cases
excepted
and
the
cases
provided
for
,
that
no
other
sense
can
be
tolerable
,
for
where
the
King
reserves
three
incidents
to
Tenure
,
and
the
particulars
within
the
provision
are
appendant
to
Tenure
,
and
none
but
Tenants
are
mentioned
,
shall
we
believe
that
something
Forreign
is
intended
by
the
very
same
words
?
though
we
may
well
believe
that
all
Aids
whatever
were
intended
by
the
Statute
of
Edw.
1.
because
the
consent
of
all
People
;
Tenants
,
and
others
is
required
.
Thus
far
I
think
I
am
warranted
by
very
good
Authorities
;
I
take
leave
to
observe
farther
,
that
it
should
seem
that
before
this
Charter
the
King
might
have
charged
his
geldable
or
talliable
Lands
,
that
is
,
those
Lands
which
were
held
of
his
Demeasn
in
Socage
at
his
own
discretion
,
but
could
not
charge
them
that
held
by
Knights
Service
without
their
consent
,
and
so
this
part
take
it
,
barely
to
the
consenting
is
for
the
advantage
and
relief
of
the
Socage
Tenants
only
.
The
Charter
of
Henry
the
First
,
which
exempts
the
King's
Tenants
by
Knights
Service
,
ab
omnibus
geldis
,
that
is
,
tribute
or
forced
payments
beyond
ordinary
Services
,
leaves
the
King
a
Power
of
charging
his
other
Tenants
by
meaner
Services
,
though
not
those
which
held
by
Serjeanty
,
pro
omni
servitio
.
Militibus
qui
per
loricas
terras
suas
deserviunt
terras
dominicarum
carucarum
suarum
quietas
ab
omnibus
geldis
&
ab
omni
opere
proprio
dono
meo
concedo
,
But
then
as
the
consent
is
qualified
upon
such
notice
and
summons
to
a
certain
place
▪
herein
the
Tenants
by
Knights
Service
are
eased
in
relation
to
part
of
their
Service
.
They
were
obliged
to
attend
the
King's
Court
,
either
in
his
Wars
,
his
administration
of
Justice
,
or
for
the
assessing
of
Escuage
upon
those
that
made
default
in
their
Personal
Services
;
for
the
first
there
could
not
be
any
time
of
summons
or
place
of
attendance
ascertained
,
because
occasion
and
necessity
was
to
determine
that
;
for
the
second
,
they
could
not
claim
it
as
a
priviledge
,
the
administration
of
Justice
being
within
the
King
's
Ordinary
Power
,
and
his
Ministers
and
Justices
were
sufficient
assistants
.
But
in
the
last
there
was
a
grievance
in
which
't
was
proper
for
the
King
's
extraordinary
Justice
to
relieve
them
.
Et
ad
habendum
Commune
Consilium
Regni
de
scutagiis
assidendis
,
for
the
assessing
of
Escuage
,
which
was
part
of
the
work
of
the
Curia
,
they
should
be
summoned
,
as
is
therby
provided
.
Even
before
the
Normans
coming
the
Kings
used
to
celebrate
Feast-days
with
great
solemnity
,
and
at
those
days
they
chose
habere
colloquium
,
Curiam
suam
at
Christmass
.
Cum
in
natali
Dominico
omnes
Majores
totius
Regni
mei
tam
Ecclesiasticae
Personae
quam
seculares
ad
Curiam
meam
celebrandae
mecum
festivitatis
gratiâ
convenissent
coram
totâ
Curiâ
meâ
corroboravi
.
That
the
Curia
Regis
then
consisted
not
of
the
King's
Tenants
only
:
I
could
shew
more
particularly
by
a
discourse
of
the
Feudal
Law
,
and
of
what
prevalence
it
was
here
before
the
Normans
time
:
But
I
think
there
is
enough
to
this
purpose
here
from
one
Piece
of
Antiquity
,
which
shews
what
in
Ancient
time
made
a
Churl
or
Pesant
become
a
Theyn
or
Noble
,
and
that
so
Anciently
,
that
in
a
Saxon
MS.
supposed
to
be
wrote
in
the
Saxon
time
,
it
is
spoke
of
as
antiquated
.
That
was
five
hides
of
his
own
Land
,
a
Church
and
a
Kitchin
,
a
Bell-house
and
a
Burrough-gate
,
with
a
Seat
and
any
distinct
Office
in
the
Kings
Court.
This
Churle
is
in
an
Ancient
MS.
cited
by
Mr.
Selden
called
Villanus
;
so
that
if
a
man
were
not
Free-born
if
he
could
make
such
an
acquisition
he
became
ipso
facto
,
a
Thane
,
a
Free-man
,
King's
Court
when
Nobilty
was
cheaper
,
and
so
the
People
,
the
Nobles
of
less
reputation
.
The
Normans
followed
not
only
the
Lane
but
the
decent
Customs
and
Ceremonies
of
the
former
Government
,
though
not
directly
yet
by
way
of
resemblance
.
And
whereas
the
Saxon
Kings
celebrated
their
Courts
often
on
great
Feast
days
before
all
their
People
upon
publick
notice
,
King
William
erects
Tenures
,
whereby
all
that
he
had
obliged
by
his
gifts
,
except
such
as
out
of
special
favour
were
to
do
some
small
thing
,
pro
omni
servitio
,
should
make
a
little
Court
or
Council
by
themselves
either
Military
(
if
occasion
were
)
or
Judicial
in
matters
belonging
to
their
feud
.
And
by
Henry
the
Third's
time
,
if
not
Henry
the
Second's
,
it
took
in
all
,
or
most
matters
of
ordinary
Justice
;
whereas
before
,
its
business
was
confined
to
the
Controversies
arising
between
the
King
's
immediate
Tenants
,
other
Suits
,
especially
about
Lands
,
were
settled
in
the
Counties
or
Hundreds
,
or
in
particular
Lords
Courts
,
as
appears
by
the
Charter
of
Henry
the
First
,
de
Comitatu
&
Hundredis
tenendis
.
Henricus
Rex
Anglorum
Sampsoni
Episcopo
&
Ursoni
de
Abecot
&
omnibus
Baronibus
Francis
&
Anglicis
de
Wircestrescirâ
,
I
cannot
here
omit
the
plain
observation
that
dominica
necessaria
,
cannot
be
meant
otherwise
than
of
the
King
's
own
business
;
for
his
necessary
Demeasns
were
nonsense
,
therefore
the
sense
is
,
that
as
often
as
he
had
occasion
,
he
would
give
them
,
that
is
,
all
the
Counties
and
Hundreds
,
sufficient
notice
for
attending
him
;
so
that
here
is
a
clear
description
of
the
nature
of
his
Great
Councils
,
nay
,
and
of
St.
Edward's
too
,
in
that
when
he
says
,
they
shall
sit
no
otherwise
than
they
had
done
in
St.
Edward's
time
,
he
adds
;
For
when
I
have
a
mind
to
it
,
I
will
cause
them
to
be
sufficiently
summoned
to
meet
upon
my
necessary
occasions
,
of
which
,
I
will
be
Judge
,
that
is
,
so
it
was
in
King
Edward's
time
,
and
indeed
so
it
appears
in
the
Body
of
his
Laws
recited
in
the
Fourth
of
William
the
First
,
By
the
Populus
is
not
to
be
intended
all
People
whatsoever
,
for
they
who
were
not
Freeholders
were
not
People
of
the
Land
,
were
no
Cives
,
and
were
not
properly
a
part
of
any
Hundred
or
Country
,
for
they
were
made
up
of
the
Free
Pledges
,
the
Freeholders
,
Masters
of
the
several
Families
,
answering
for
one
another
by
Tens
,
Ten
Tens
,
or
Tythings
at
first
making
an
Hundred
Court
,
and
more
or
fewer
Hundreds
(
according
to
the
first
division
or
increase
)
a
Country
,
and
for
the
clear
understanding
the
general
Words
,
as
Principes
,
Thaini
,
Barones
,
Proceres
,
Baronagium
,
Barnagium
Regni
,
or
the
like
,
relating
to
the
Great
Councils
of
the
Kingdom
before
and
since
the
Norman
acquisition
,
we
find
by
this
Charter
of
Henry
the
First
,
that
the
Counties
and
Hundreds
,
that
is
,
the
men
which
composed
those
Courts
were
upon
sufficient
notice
to
attend
upon
the
King's
business
,
Great
Council
,
Concilio
totius
Angliae
adunato
,
the
same
with
what
Eadmerus
says
of
the
Council
of
Pinnedene
in
the
First
William's
time
,
County
Court
or
Turn
,
either
of
which
in
St.
Edward's
Laws
is
called
the
Folkmote
,
and
is
there
described
vocatio
&
congregatio
populorum
omnium
,
and
we
find
by
Statutes
made
before
this
time
,
that
the
populus
omnis
,
or
the
primores
&
probi
homines
,
according
to
Eadmerus
are
called
Peers
or
Nobles
,
Celeberrimus
ex
omni
satrapiâ
conventus
.
Thus
in
King
Edgar's
Laws
,
Centuriae
Comitiis
quisque
ut
antea
praescribitur
interesto
oppidana
ter
quotannis
habentur
Comitia
.
Celeberrimus
autem
ex
omni
satrapiâ
bis
quotannis
conventus
agitor
,
cui
quidem
illius
Diocesis
Episcopus
&
Senator
intersunto
,
&c.
General
Council
or
Parliament
,
but
the
contrary
is
manifest
in
that
only
the
Bishop
of
the
Diocess
,
But
to
proceed
with
the
Charter
of
Henry
the
First
,
concerning
the
County
and
Hundred
Court.
Et
si
amodo
exurgat
placitum
de
divisione
terrarum
si
interest
Barones
meos
dominicos
tractetur
placitum
in
Curiâ
meâ
:
Et
si
inter
vavasores
duorum
Dominorum
tractetur
in
Com.
&c.
Though
according
to
this
the
Titles
to
Land
between
all
but
immediate
Tenants
,
or
such
Lords
as
had
none
over
them
but
the
King
,
were
determinable
in
the
County
,
yet
sometime
before
the
Great
Charter
of
Henry
the
Third
,
Common
Pleas
in
General
,
which
takes
in
the
Titles
of
Land
followed
the
King's
Court
,
where
ever
he
held
it
,
and
by
that
Charter
were
brought
to
a
certain
place
.
Communia
placita
non
sequantur
Curiam
nostram
sed
teneantur
aliquo
loco
certo
.
The
King's
Bench
is
coram
Rege
,
and
used
to
follow
the
King's
Court
,
and
was
removeable
at
the
King's
pleasure
.
Here
Common
Pleas
as
well
as
matters
of
the
Crown
were
heard
,
and
at
this
doubtless
all
the
King's
Tenants
by
Knights
Service
used
to
be
present
,
whole
Kingdom
,
when
matters
having
no
relation
to
Tenure
or
ordinary
Judicature
were
in
question
,
hence
has
arose
the
mistake
of
some
Learned
Authors
in
taking
the
Curia
Regis
to
be
nothing
but
the
Court
of
the
King's
Tenants
,
of
others
that
't
was
meant
only
of
the
Great
Council
of
the
Nation
.
Whereas
we
may
trace
their
frequent
distinctions
from
the
Conquest
downwards
very
apparently
,
and
very
often
their
union
.
It
is
agreed
on
all
hands
that
the
ordinary
Curia
was
held
thrice
a
year
,
de
More
;
Curia
de
more
:
if
it
were
at
a
different
time
or
place
,
then
there
was
need
of
Summons
,
if
there
were
summoned
at
any
time
more
than
the
Ordinary
Members
of
the
Curia
;
if
this
was
on
the
day
of
the
Curia
there
was
an
Union
of
the
Great
Council
and
the
Curia
,
if
on
a
different
day
there
was
a
Great
Council
by
its
self
,
yet
the
Members
of
the
Curia
were
a
part
thereof
.
Not
to
anticipate
what
will
appear
from
the
Presidents
which
I
shall
produce
to
make
good
this
my
Assertion
;
I
shall
make
my
Observations
upon
them
in
order
.
About
the
first
year
of
the
Reign
of
William
the
First
,
Odo
Bishop
of
Baieux
,
Earl
of
Kent
,
and
Archbishop
Lanfranc
;
if
this
were
a
Curia
de
More
,
then
't
is
evident
that
more
than
Tenants
in
Chief
;
nay
,
all
Proprietors
of
Lands
assembled
then
of
course
even
at
the
Curia
,
for
the
probi
homines
of
several
Counties
were
there
,
but
it
appears
that
it
was
upon
the
King's
Summons
to
all
the
Freeholders
of
Kent
,
and
of
some
adjacent
Counties
.
Praecepit
Rex
quatenus
adunatis
primoribus
&
probis
viris
non
solum
de
comitatu
Cantiae
,
Disposito
itaque
apud
Pinnedene
Principum
conventu
Godfridus
Episcopus
Constantiensis
vir
eâ
tempestate
praedives
in
Angliâ
vice
Regis
Lanfranco
justitiam
de
suis
querelis
strenuissime
facere
jussus
fecit
.
Here
all
the
probi
homines
are
by
variation
of
the
phrase
conventus
Principum
,
a
Bishop
was
President
and
pronounced
the
Judgment
;
but
it
was
,
as
't
is
said
afterwards
,
Ex
communi
omnium
astipulatione
&
judicio
,
this
Judgment
was
afterwards
revoked
in
another
Council
,
which
to
be
sure
must
have
been
as
large
as
the
other
,
else
the
Lawyers
who
were
there
,
could
never
have
made
any
colour
of
an
Argument
for
the
revocation
.
Item
alio
tempore
idem
Odo
permittente
Rege
placitum
instituit
contra
saepe
fatam
Ecclesiam
&
Tutorem
ejus
patrem
Lanfranc
&
illius
omnes
quos
peritiores
legum
&
usuum
Anglici
Regni
noverat
gnarus
adduxit
.
Cum
igitur
ad
ventilationem
causarum
ventum
esset
omnes
qui
tuendis
Ecclesiae
causis
quâque
convenerunt
in
primo
congressu
ita
convicti
sunt
ut
in
quo
eas
tuerentur
simul
amitterent
.
'T
is
observable
that
there
was
a
legal
tryal
,
and
the
cause
went
on
that
side
,
where
the
Law
seemed
to
be
;
but
indeed
afterwards
Lanfranc
coming
possibly
upon
producing
some
Evidences
not
appearing
before
the
first
Judgment
was
affirmed
.
Here
matter
of
ordinary
Justice
was
determined
before
more
than
the
ordinary
Curia
.
This
looks
very
like
a
General
Council
of
the
whole
Nation
,
to
be
sure
't
was
more
than
a
Curia
of
the
King's
Tenants
and
Officers
,
and
is
more
than
a
County
Court.
Yet
in
the
nature
of
a
County
Court
,
it
being
several
Counties
united
,
and
so
was
adunatio
conciliorum
,
though
not
of
the
Council
of
the
whole
Nation
.
An
Ancient
MS.
Praecepit
Rex
Comitatum
totum
absque
mora
considere
,
&
homines
Comitatus
omnes
francigenas
&
praecipuè
Angl.
in
antiquis
legibus
&
consuetudinibus
peritos
in
unum
convenire
.
But
then
it
adds
,
&
alii
aliorum
Comitatum
homines
,
and
so
confirms
what
Eadmerus
says
.
The
nature
of
these
Courts
is
easily
to
be
explained
by
Writs
,
which
we
find
from
William
the
First
for
such
Tryals
as
this
at
Pinnedene
.
Willelmus
Anglorum
Rex
omnibus
fidelibus
suis
&
Vicecomitibus
in
quorum
Vicecomitatibus
abbatia
de
Heli
terras
habet
,
salutem
:
Praecipio
Abbatia
de
Heli
habeat
omnes
consuetudines
suas
,
&c.
has
inquam
habeat
sicut
habuit
die
qua
Rex
Edwardus
fuit
vivus
&
mortuus
,
Gaulfridum
Constansiensem
Episcopum
,
&
Balwinum
Abbatem
,
&
Petrum
de
Valonnus
,
&
Picotum
Vicecomitem
,
&
Tehehen
de
Heliom
,
&
Hugonem
de
Hosden
,
&
Gocelinum
de
Norwicum
,
&
plures
alios
Teste
Rogero
Bigot
.
Willielmus
Rex
Anglorum
Lanfranco
Archiep.
Gauffrido
Constantiensi
Episcopo
,
salutem
.
Mando
vobis
&
praecipio
ut
iterum
faciatis
congregari
omnes
scyras
quae
interfuerunt
placito
habito
de
terris
Ecclesiae
de
Hely
antequam
mea
conjux
in
Normaniam
novissimè
veniret
.
Cum
quibus
etiam
sint
de
Baronibus
meis
qui
competenter
adesse
poterunt
,
&
praedicto
placito
interfuerunt
et
qui
terras
ejusdem
Ecclesiae
tenent
.
Willielmus
Rex
Anglorum
Goffrido
Episcopo
et
Rodberto
et
Comiti
Moritonio
,
Upon
these
Writs
many
useful
things
might
be
observed
,
but
I
will
confine
my self
as
nigh
as
I
can
to
my
purpose
.
From
them
as
interpreted
by
equal
authority
of
History
it
appears
,
that
Wil.
the
first
us'd
to
commissionate
several
of
his
Barons
.
I
will
not
oppose
their
being
his
great
Tenants
in
Chief
,
these
were
to
preside
in
the
Tryals
of
matters
within
ordinary
Justice
,
which
were
to
be
try'd
in
the
several
Counties
where
the
question
arose
,
sometimes
in
one
County
,
sometimes
in
several
together
as
the
men
of
the
several
Counties
,
that
is
,
the
several
Counties
were
united
.
Sometimes
these
great
Men
,
sometimes
the
Sheriffs
were
to
Summon
the
Parties
,
and
to
take
care
that
an
Inquest
of
the
County
or
Counties
concern'd
be
impannell'd
,
in
the
Counties
,
that
is
,
by
the
choice
of
the
Freeholders
.
The
Kings
Commissioners
were
to
pronounce
the
Judgment
in
the
Kings
Name
or
stead
:
So
the
Bishop
of
Constance
did
right
to
Lanfranc
,
ex
communi
omnium
astipulatione
;
De
Concilio
&
Consensu
Magnatum
&
Reipublicae
communi
sponsione
.
But
it
may
be
objected
that
the
Kings
Writ
is
to
the
Great
Men
to
do
Justice
,
to
which
the
Books
give
an
answer
that
the
Kings
Writ
does
not
change
the
Nature
or
Jurisdiction
of
a
Court
,
and
therefore
though
a
Writ
of
Right
or
a
Justities
be
directed
to
the
Sheriff
,
And
what
their
Jurisdiction
was
in
the
time
of
Wil.
the
first
,
Upon
a
Writ
of
Error
to
remove
a
Judgment
out
of
the
County
Palatine
of
Chester
into
the
King's
Bench
in
a
Plea
of
Land
;
The
Chief
Justice
of
Chester
certifies
that
the
Judicatores
et
Sectatores
the
Suitors
at
the
County
Court
,
clamant
habere
talem
libertatem
quod
in
tali
casu
debent
omnes
Barones
&
eorum
Seneschal
.
ac
Judicatores
ejusdem
Comitatus
summoniri
audituri
hujusmodi
processum
&
Recordum
&
illa
antiquam
sigilla
sua
apponant
;
si
fuerit
infra
tertium
Comitatum
per
seipsos
emendare
.
Et
hujusmodi
libertates
a
tempore
quo
non
exstat
memoria
usi
sunt
et
gavisi
.
And
the
Chief
Justice
farther
certifies
,
quòd
fecit
summoniri
omnes
Barones
et
Judicatores
,
accordingly
.
The
Parties
Assembled
at
the
Council
of
Pinnedene
,
were
the
Primores
et
probi
viri
of
the
Counties
concern'd
,
which
answer
to
the
Proceres
et
fideles
Regni
,
in
the
union
of
all
the
Counties
in
Parliament
,
as
in
the
42
of
Henry
3.
which
in
another
Record
of
the
same
Parliament
are
branch'd
out
into
hanz
hommes
e
prodes
hommes
,
Primores
et
probi
viri
,
e
du
commun
de
nostre
Realme
:
that
is
,
as
the
Statute
of
the
Staple
has
it
,
the
Prelates
,
Dukes
,
Earles
,
Barons
,
the
Great
Men
of
the
Counties
,
Grands
des
County's
as
the
French
,
The
Testimony
of
Eadmerus
concerning
the
Parties
to
the
Judgment
at
Pinnedene
confirms
me
in
my
opinion
,
that
the
Summons
to
a
Great
Council
as
I
take
it
in
this
Kings
Reign
,
mentioned
by
Simon
of
Durham
and
Florentius
Wygorniensis
,
Knights
Service
,
Knights
,
the
Freeholders
of
the
Countys
who
were
by
St.
Edwards
Laws
oblig'd
to
find
Arms
,
and
became
Knights
Milites
as
soon
as
by
publick
Authority
they
took
Arms
;
the
antient
form
of
Manumission
proves
this
sufficiently
.
Siquis
velit
servum
suum
liberum
facere
tradet
eum
Vicecomiti
per
manum
dextram
in
pleno
Comitatu
,
et
quietum
illum
clamare
debet
a
jugo
servitutis
suae
per
manumissionem
,
et
ostendat
ei
liberas
portas
et
vivias
et
tradat
illi
libera
Arma
,
Thus
he
becomes
a
freeman
and
the
Sheriffs
Knights
at
the
same
time
.
That
all
Freeholders
had
the
appellation
of
Milites
,
Because
one
that
had
been
chosen
Coroner
,
was
neither
a
Knight
or
Freeman
,
as
that
interprets
it self
,
nor
yet
discreet
,
therefore
a
new
choice
is
directed
,
Here
in
Servitio
alieno
,
a
servant
,
is
put
in
contradistinction
to
Miles
,
that
is
,
to
a
Freeholder
,
or
Liber
tenens
.
Et
here
,
has
the
like
import
with
Sed
,
unless
a
man
might
have
been
a
Knight
,
and
yet
no
Freeman
.
The
Freeholders
of
the
County
of
Cornwall
Fine
to
the
King
for
leave
to
chuse
their
Sheriff
,
Milites
de
Com.
Cornubiae
finem
fecerunt
Rot.
fin
.
5º
H.
3.
pars
1
a.
M
,
9.
And
these
which
are
here
called
by
the
general
denomination
of
Knights
,
are
in
another
Record
of
the
same
specified
under
these
names
.
Episcopus
,
Comites
,
Bar.
Milites
libere
tenentes
,
et
omnes
alii
de
Com.
so
that
all
the
people
of
the
County
,
that
is
,
they
which
were
part
of
the
County
Court
were
comprehended
under
the
word
Milites
.
In
another
Record
,
the
Milites
et
probi
homines
,
In
pleno
Com.
tuo
dicas
Militibus
probis
hominibus
Ballivae
tuae
.
&c.
The
Milites
or
probi
homines
were
under
the
Sheriff
,
an
Officer
of
their
own
choice
,
as
was
the
Law
and
Custom
of
this
King's
time
to
be
sure
and
long
after
:
the
Office
of
the
Heretochius
,
who
had
been
the
Ductor
Militiae
,
had
been
discontinued
no
body
knows
how
long
,
and
't
is
spoke
of
only
as
an
Office
that
had
been
.
But
the
Sheriff
,
being
of
the
Freeholders
choice
,
not
the
Kings
,
having
no
certain
Salary
,
Indeed
I
find
one
Fulcherus
,
that
is
,
Tenant
by
Knights
Service
,
to
which
homage
was
incident
,
and
in
that
sense
Miles
Vicecomitis
;
in
another
part
,
Tenet
Rogerus
de
Picoto
Vicecomite
de
foedo
Regis
hanc
terram
tenuit
Gold.
sub
Abbate
Eli
potuit
dare
absque
ejus
licentiâ
sine
sacâ
.
This
had
been
freehold
within
the
Abbots
Precinct
,
alienable
without
licence
,
subject
to
no
suit
of
Court
,
and
was
granted
to
Picot
then
Sheriff
of
the
County
to
hold
of
the
Kings
feud
,
that
is
,
by
Knights
service
.
Yet
he
did
not
hold
this
as
Vicecomes
,
but
as
Baro
,
so
't
was
if
any
man
had
the
County
in
fee
:
But
the
King
Summoned
the
Barones
,
&
Vicecomites
,
that
is
,
the
Vicecomites
without
consideration
of
their
capacity
as
Barons
,
and
their
Knights
;
't
was
long
after
this
,
that
the
word
Vicecomes
was
any
thing
more
than
tbe
name
of
the
Office
here
spoken
of
;
There
is
this
farther
proof
,
that
this
was
more
than
a
Council
of
the
Kings
Tenants
and
Officers
or
ordinary
Court
;
in
that
the
Summons
was
immediately
after
the
Curia
,
and
that
to
a
place
sufficiently
capacious
,
Salisbury
Plain
.
Et
in
hebdomada
Pentecostes
suum
filium
Henricum
apud
West
.
ubi
Curiam
suam
tenuit
armis
militaribus
honoravit
;
here
was
the
proper
work
of
the
Curia
,
But
though
one
were
born
free
,
yet
I
take
it
he
was
to
recieve
a
formal
military
Honour
,
have
Arms
deliver'd
to
him
when
he
came
to
Age
,
and
in
the
time
of
Hen.
1.
Militari
baltheo
nondum
cinctus
erat
.
We
find
that
when
a
freeman
died
,
his
Heir
under
Age
;
some
body
was
to
have
the
custody
of
the
Arms.
Siquis
Arma
haec
habens
obierit
remaneat
haeredi
suo
,
et
si
haeres
de
tali
statu
non
sit
quod
Armis
uti
possit
,
si
opus
fuerit
ille
qui
eum
habuerit
in
custodia
habeat
similiter
custodiam
Armorum
,
&c.
And
when
he
came
of
Age
,
tunc
ea
habeat
,
this
was
in
Hen.
2.
time
,
and
then
the
publick
delivery
of
Arms
to
all
Freemen
might
have
been
disus'd
,
taking
Arms
by
young
men
from
publick
Authority
was
a
kind
of
Knight-hood
.
But
soon
after
Will.
the
first
had
at
his
Court
Knighted
his
Son
Henry
,
he
call'd
this
great
Assembly
of
Barones
,
&
Vicecomites
cum
suis
Militibus
,
was
held
at
Whitsontide
;
Nec
multo
post
mandavit
ut
Arch.
Ep
Abb.
Com.
Bar.
Vicecomites
cum
suis
Militibus
die
Kal.
Aug.
sibi
occurrerent
Saresberiae
,
quocum
venissent
Milites
illorum
sibi
fidelitatem
contra
omnes
homines
jur
are
coegit
.
Here
I
take
it
Milites
illorum
refers
to
the
Knights
of
the
Sheriffs
,
Celebrato
nuper
Concilio
apud
Bristol
ubi
convenerunt
universi
Ang.
Praelati
tam
Ep.
Ab.
quam
Primores
et
multi
tam
Comites
quam
Barones
qui
etiam
univerfaliten
fidelitatem
nobis
publicè
facientes
,
concessis
eis
libertatibus
&
liberis
consuetudinibus
ab
eis
prius
postulatis
&
ipsis
approbatis
.
But
perhaps
they
will
say
that
this
of
W.
the
first
was
no
Common
Council
or
Parliament
,
because
it
appears
not
that
any
Laws
pass'd
or
that
they
were
summon'd
to
that
end
.
For
the
first
I
think
no
man
will
say
that
the
Assembly
is
less
parliamentary
because
nothing
is
agreed
upon
in
it
.
Indeed
we
find
that
where
a
Parliament
was
dissolv'd
without
any
Act
pass'd
,
For
the
last
,
't
is
no
matter
whether
the
cause
of
Summons
were
express'd
,
't
is
enough
if
it
were
de
quibusdam
arduis
,
or
however
else
was
the
use
of
that
time
.
Besides
't
is
certain
many
Laws
have
pass'd
in
publick
Councils
antiently
of
which
we
have
no
intimation
from
those
Historians
which
mention
such
Councils
.
Wherever
I
find
any
publick
Act
of
recognizing
a
Kings
Title
of
justice
,
or
of
Elections
of
Persons
to
any
Office
,
I
shall
not
scruple
to
call
such
an
Assembly
a
Council
,
and
if
it
it
be
General
,
a
Great
or
Common
Council
of
the
Kingdom
.
And
Lanfranc
I
conceive
was
in
this
Kings
Reign
chose
to
be
Metropolitan
of
all
England
in
such
a
Council
;
't
was
indeed
in
Curiâ
Regis
as
Gervacius
,
and
the
Author
of
Antiquitates
Britannicae
shew
,
but
not
the
Ordinary
Curia
,
for
't
was
on
our
Lady-Day
,
In
the
fourth
of
this
King
the
controversie
between
the
Archbishop
of
York
,
and
the
Bishop
of
Worcester
,
was
determined
at
Petreda
before
the
King
,
Archbishop
Lanfranc
,
the
Bishops
,
Abbots
,
Earles
,
et
Primatibus
totius
Angliae
,
this
Mr.
Selden
rightly
calls
a
Parliament
,
That
General
Summons
the
same
year
to
have
an
account
of
the
Laws
,
Ad
preces
communitatis
Anglorum
,
he
left
to
every
County
its
old
Customs
.
In
the
Seventeenth
of
this
King
,
Convocavit
Rex
multitudinem
Nobilium
Angliae
,
Haec
charta
confirmata
est
apud
Westm
.
in
concilio
meo
,
Anno
Regni
mei
XVIII
.
praesentibus
omnibus
Episcopis
et
Baronibus
meis
,
Barones
mei
must
either
be
meant
with
relation
to
the
whole
Nobility
of
England
,
In
the
Eighteenth
the
King
impeaches
his
Brother
Odo
for
his
extortion
,
In
the
Nineteenth
of
his
Reign
,
Partem
exercitus
sui
remisit
,
De
Communi
Consilio
Arch.
Episc
.
Abb.
et
omnium
Procerum
Regni
sui
.
For
William
the
Second
,
whereas
a
great
Antiquary
will
not
say
whether
there
were
any
solemn
convention
of
the
Nature
of
a
Common
or
General
Council
in
his
time
,
't
is
manifest
there
was
and
we
may
find
the
Marks
of
distinction
between
his
ordinary
Curia
&
Great
Council
or
Parliament
.
tamen
fideliter
ei
juvabant
,
as
Simeon
of
Durham
shews
,
In
the
Second
year
of
his
Reign
he
held
a
Curia
on
Christmass
at
London
,
Curia
de
more
,
for
there
were
Justiciarii
ac
Principes
totius
Angliae
.
In
the
Third
,
Barones
aloquitur
,
inveighs
against
his
Brother
Robert
,
and
perswades
them
to
a
War
,
His
dictis
omnes
assenssum
dederunt
,
The
King
being
very
ill
,
omnes
totius
Regni
Principes
coeunt
,
secundum
totius
Regni
electionem
,
or
as
another
Author
.
Rex
Anglorum
consilio
&
rogatu
Principum
suorum
,
Cleri
quoque
&
populi
petition●
et
electione
.
The
King
being
upon
leaving
England
,
Great
Council
,
dissatisfied
.
Anselm
had
propounded
a
question
to
be
discussed
in
Council
.
Utrum
salvâ
reverentiâ
et
obedientiâ
sedis
Apostolicae
possit
fidem
terreno
Regi
servare
annon
?
Ex
Regiâ
sanctione
fermè
totius
Regni
Nobilitas
quinto
Id.
Fit
itaque
conventus
omnium
,
Anselm
harangues
the
Assembly
in
medio
Procerum
et
conglobatae
multitudinis
sedens
.
Miles
Unus
,
a
good
honest
Freeholder
steps
out
of
the
throng
,
de
multitudine
prodiens
,
and
with
great
devotion
sets
before
his
Holy
Father
the
Example
of
Job's
patience
,
upon
this
the
Prelate
hugged
himself
in
the
opinion
that
the
populus
,
the
Populacy
were
for
him
,
though
the
Princes
,
the
heads
of
the
Assembly
were
against
him
.
This
Controversie
is
adjourned
to
the
Curia
,
The
Authority
cited
by
Sir
Hen.
Spelman
says
,
that
the
Clergy
was
not
at
the
Council
at
Roch.
Ha●ito
Rex
cum
suis
Baronibus
Parliamento
et
Clero
(
id
est
)
Arch.
et
Ep.
excluso
statutum
est
.
There
it
seems
the
Lords
and
Commons
,
who
undoubtedly
came
at
that
time
,
without
relation
to
Tenure
,
are
Barones
sui
:
But
whether
the
Council
at
Roch.
had
the
Clergy
present
or
no
,
the
Bishops
and
Barons
tell
Anselm
at
another
Great
Council
,
how
much
soever
he
thought
the
Assembly
on
his
side
,
placitum
habitum
est
contra
se
,
his
pretences
were
over
ruled
,
totius
regni
adunatione
.
Yet
notwithstanding
their
sense
then
delivered
,
they
gave
a
farther
day
till
Whitsontide
;
so
that
in
effect
't
was
Judgment
nisi
,
then
indeed
Anselm
with
a
side
Wind
got
an
Advantage
of
the
King
,
he
cunningly
waves
the
question
,
whether
he
might
swear
Obedience
to
the
King
,
and
puts
it
only
whether
the
Pall
were
to
be
received
from
the
Pope
,
or
the
King
,
and
carried
that
Point
,
that
it
belonged
to
the
singular
Authority
of
Saint
Peter
.
This
was
a
General
Council
on
the
Feast
day
,
Adquievit
Multitudo
Omnis
,
unde
cum
omnes
silentio
pressi
conticuissent
,
Statutum
est
.
It
seems
till
the
Multitude
rested
satisfied
,
the
Law
could
not
pass
.
But
two
years
after
on
Whitsontide
was
held
no
more
than
the
Ordinary
Curia
—
Cum
igitur
in
Pentecoste
festivitatis
gratiâ
Regiae
Curiae
se
presentasset
:
peractis
igitur
festivioribus
diebus
diversorum
negotiorum
causae
in
medium
duci
ex
more
coeperunt
—
That
't
was
usual
when
the
height
of
the
feasting
was
over
,
to
go
to
the
Tryals
of
Causes
,
or
Matters
of
Ordinary
Judicature
.
In
August
following
is
held
a
Great
Council
,
the
King
being
,
de
Statu
Regni
acturus
.
Then
he
sends
out
a
General
Summons
.
In
sequenti
autem
mense
Augusto
cum
de
Statu
Regni
acturus
Rex
,
&c.
Anselm
asks
leave
to
go
to
Rome
,
but
is
denied
it
.
In
October
following
there
was
a
General
Council
at
Winchester
.
Wintoniae
ad
Regem
ex
condicto
venimus
,
Eadmerus
was
there
himself
.
The
first
day
the
Tumult
from
the
vast
multitude
was
so
great
,
that
they
could
do
nothing
,
and
therefore
broke
up
the
Court
,
and
adjourned
to
the
next
day
.
Orta
est
igitur
ex
his
quaedam
magna
tempestas
diversis
diversae
parti
acclamantibus
;
'T
was
pity
Eadmerus
went
with
him
,
so
that
we
loose
the
account
of
what
passed
in
his
absence
.
I
think
however
we
have
enough
to
prove
that
there
were
then
no
less
,
nay
greater
Assemblies
,
than
what
now
compose
our
Parliaments
,
nay
the
very
word
Parliament
was
not
unknown
in
that
time
.
Parliamentum
dixêre
Croylandenses
Caenobitae
sub
Tempore
Willielmi
Secundi
.
For
farther
proof
't
is
observable
,
that
this
King
stood
upon
it
,
that
Malcolm
King
of
Scots
,
That
is
was
to
do
him
right
,
or
answer
his
demands
,
according
to
the
Judgment
of
his
Curia
,
or
Ordinary
Court
of
Justice
;
Malcolm
pleads
that
't
was
to
be
in
the
confines
of
both
Kingdoms
.
Secundum
Judicium
Primorum
utriusque
Regni
,
that
is
,
according
to
the
Judgment
of
a
Great
or
General
Council
of
both
Kingdoms
united
,
and
who
were
the
Primores
that
constituted
the
Great
Council
of
Scotland
,
even
till
the
23.
of
James
the
First
,
is
evident
by
his
Act
of
Alteration
,
or
recommendation
of
a
Change
,
There
was
one
Council
in
his
Reign
,
which
had
no
Addition
to
it
,
Ordinary
Curia
,
especially
it
being
Octabis
Epiphaniae
;
And
there
was
a
Legal
Tryal
by
Duel
,
and
by
Judgment
of
the
Court
,
the
Party
conquered
had
his
eyes
pull'd
out
,
and
his
stones
cut
off
.
That
besides
the
Great
Council
,
this
King
above
mentioned
,
held
the
Ordinary
Curia
,
Sive
de
more
,
we
have
clear
Authority
.
Cum
gloriosè
&
patrio
honore
Curiam
tenuisset
ad
Natale
apud
Glocester
,
ad
Pascha
apud
Winchester
,
ad
Pentecosten
apud
Londoniam
.
By
the
foregoing
Instances
,
we
may
see
,
notwithstanding
Virgil's
suppressing
,
Illud
oppositè
habeo
dicere
,
Reges
ante
haec
tempora
non
consuevisse
populi
conventum
consultandi
causâ
,
nisi
perrarò
facere
,
adeò
ut
ab
Henrico
id
institutum
Jure
Manâsse
dici
possit
—
And
it
seems
the
great
Mr.
Lambert
(
who
possibly
was
the
first
that
after
the
Ages
,
in
which
the
word
Baronagium
was
used
and
known
to
express
the
full
Great
Council
or
Parliament
received
its
true
Notion
,
viz.
that
both
the
Nobility
and
Commonalty
of
the
Realm
were
meant
under
these
words
,
the
Barons
of
the
Realm
)
this
Great
Man
it
seems
,
had
not
met
with
those
MSs.
which
since
have
offered
their
Light
to
the
World
;
otherwise
he
would
not
have
subscribed
to
the
foregoing
opinion
of
Polydore
Virgil
,
Curia
de
More
.
At
other
times
we
have
Commune
Concilium
Gentis
Anglorum
,
the
same
called
Commune
Concilium
Baronum
Regni
Angliae
.
Regni
Nobilitas
sua
Sanctione
adunatâ
,
Magnum
placitum
apud
Northamtune
congregatis
,
that
is
,
that
is
,
Clero
&
Populo
—
Though
't
were
a
pleasure
to
dwell
upon
this
King's
Reign
,
yet
it
is
needless
to
insist
upon
further
proof
,
that
his
Councils
consisted
of
more
than
Tenants
in
Capite
and
great
Officers
.
a
Primoribus
regni
cum
favore
Cleri
&
Populi
,
Clericorum
&
Laicorum
universitate
,
ab
omnibus
.
viz.
tam
Presul
.
quam
Com.
&
Baron
.
Stephanus
his
et
aliis
modis
in
Regno
Angliae
confirmatus
,
This
to
be
sure
was
more
than
the
Ordinary
Curia
:
The
eighth
of
July
two
years
after
a
Council
was
held
at
Oxford
,
It
seems
the
Bishops
Plea
was
,
that
this
was
no
Ecclesiastical
Synod
,
that
is
,
in
the
true
sense
,
not
Assembled
for
Ecclesiastical
,
but
for
Civil
Matters
;
but
in
their
sense
,
that
they
would
be
tryed
by
the
Canons
,
and
Canonical
Persons
;
the
Debate
is
put
off
to
be
determined
,
in
a
General
Council
appointed
to
be
at
Winchester
.
Here
the
Clergy
set
up
for
themselves
,
&
having
the
Popes
Legat
,
thought
themselves
a
body
sufficiently
entire
,
without
that
other
part
of
the
Clerus
,
Gods
Inheritance
,
which
used
to
make
up
eventhese
Assemblies
;
with
much
ado
,
they
first
let
in
the
Nobility
Proprietors
of
Land
,
They
had
not
sate
four
days
but
the
Londoners-Citizens
demanded
to
be
admitted
amongst
them
as
Citizens
or
Traders
,
they
were
no
part
of
the
Nobility
,
't
was
a
disparagement
for
the
Son
of
a
Noble
Man
a
Freeholder
to
be
married
to
a
Trader
.
There
came
to
the
Council
above-named
a
Representative
in
the
name
of
the
whole
City
of
London
.
Feriâ
quartâ
venerunt
Londinenses
,
&
in
Concilium
introducti
causam
suam
eatenus
egerunt
,
ut
dicerent
missos
se
a
communione
quam
vocant
Londiniarum
,
but
the
Clergy
carried
it
with
an
high
hand
,
and
told
them
,
that
it
became
not
them
who
were
principal
men
in
the
Kingdom
and
sicut
Proceres
,
as
it
were
Nobles
,
to
favour
them
who
forsook
their
Lord
,
which
I
think
was
meant
of
the
Pope
,
and
his
Clergy
:
to
be
sure
they
excommunicated
the
King
,
and
those
that
held
with
him
,
for
medling
in
their
matters
:
but
they
had
much
ado
to
quiet
the
City
of
London
for
the
haughty
Answer
they
gave
them
.
They
that
were
at
this
Assembly
came
not
as
the
King's
Tenants
,
or
because
of
any
Office
in
his
Court.
Notwithstanding
all
the
Canonical
Thunder
,
at
a
great
Council
possibly
of
Lay-men
only
,
Habito
post
modum
Concilio
coram
Primoribus
Angliae
,
statutum
est
ut
omnia
per
Angliam
,
Oppida
,
Castella
,
Munitiones
quaequae
,
Whereby
all
the
strong
holds
which
Clergy-men
had
were
subjected
to
the
Dominion
of
the
Laity
,
whether
only
the
King's
Barons
,
Barones
Curiae
suae
were
to
be
Judges
in
the
disposal
is
needless
to
determine
.
But
Statutum
est
coram
Primoribus
Angliae
,
This
was
made
a
Law
by
all
the
Baronage
of
England
.
We
have
several
other
Councils
in
this
King's
Reign
.
In
the
seventh
of
his
Reign
,
there
is
an
Act
of
Recognizing
Matilda
the
Empress
her
Title
to
the
Crown
by
all
but
the
men
of
Kent
,
Maltida
Imperatrix
ab
omni
gente
Anglorum
suscipitur
in
Dom.
exceptis
Kentensibus
.
In
the
ninth
the
Proceres
are
Summoned
per
Edictum
Regium
to
St.
Albans
.
The
same
year
is
a
great
Council
at
Northampton
called
Parliamentum
.
In
the
seventeenth
,
Generale
Concilium
convocavit
at
London
,
to
which
were
called
the
Bishops
and
all
the
Proceres
.
In
the
ninteenth
and
last
of
his
Reign
,
And
he
held
another
great
Council
the
same
year
at
London
on
Michaelmas
tam
pro
negotio
Regni
quam
provisione
Eccles
.
Ebor.
Cum
Episcopis
&
Optimatibus
terrae
,
this
was
both
for
Ecclesiastical
&
Civil
Matters
.
The
Council
of
Clarendon
with
that
part
of
its
Constitutions
which
hath
been
much
controverted
of
late
,
By
the
examination
of
this
possibly
I
may
give
some
additional
light
to
what
I
have
already
represented
.
The
end
of
this
Convention
was
,
This
Council
was
compos'd
of
more
than
tenants
in
chief
,
full
Parliament
;
Generale
concilium
;
the
parties
present
are
under
divers
denominations
,
Rex
,
Arch.
Ep.
Ab.
Pr.
Com.
Bar.
&
Proceres
Regni
,
Rex
&
Magnates
regni
,
Mat.
West
.
Anglicani
regni
praesules
&
Proceres
,
Praelati
,
proceres
&
Populus
regni
,
as
another
,
The
whole
Kingdom
as
Dr.
Stillingfleet
shews
us
out
of
the
Quadripartite
History
.
The
body
of
the
Realm
as
Sr.
Roger
Twisden
terms
it
;
tenants
in
chief
,
because
of
their
temporalties
,
legislative
capacity
which
they
have
as
Proprietors
,
though
no
tenants
of
the
King
,
when
they
proceed
by
way
of
bill
of
attainder
,
and
yet
tenure
only
qualifying
them
for
Judges
in
Parliament
(
as
before
in
the
Kings
ordinary
Curia
,
interesse
judiciis
Curiae
,
or
at
least
they
succeeding
to
the
jurisdiction
of
the
Tenants
in
the
Curia
)
according
to
the
constitution
of
Clarend
.
that
jurisdiction
which
they
have
as
tenants
,
or
as
succedaneous
to
such
,
extends
not
to
matters
of
blood
.
It
will
not
be
proved
,
that
the
coming
to
the
Great
Council
,
where
the
extraordinary
power
,
justice
,
or
legislature
was
exercis'd
,
was
meerly
because
of
tenure
,
and
that
no
body
had
right
to
be
of
the
great
Council
but
they
that
held
in
capite
,
or
were
members
of
the
ordinary
Curia
;
indeed
when
that
was
taken
away
,
or
disus'd
,
they
that
before
were
to
do
suit
and
service
at
the
Curia
,
were
to
perform
it
at
the
Great
Court
,
the
Parliament
;
for
there
was
no
other
Court
where
they
could
,
in
Capite
.
And
as
other
Burroughs
were
to
come
to
Parliament
pro
omni
servitio
.
But
that
the
coming
to
the
Judgements
of
the
ordinary
Curia
was
meerly
because
of
tenure
appears
from
the
words
of
the
constitution
:
Arch.
Ep.
&c.
&
universi
personae
regni
qui
de
Rege
tenent
in
capite
,
That
is
,
except
as
is
there
excepted
,
these
ecclesiastical
tenants
or
Barons
were
to
be
present
,
in
Capite
.
It
seems
both
Ecclesiasticks
and
Lay-tenants
in
Capite
held
per
Baroniam
,
yet
I
think
caeteri
Barones
ought
to
be
confin'd
to
them
that
held
of
the
King
in
Chief
by
Knights
service
,
for
many
held
in
feodo
firmâ
by
the
payment
of
a
certain
rent
,
or
petty
Serjeanty
,
the
payment
of
a
gilt
spur
or
the
like
,
pro
omni
servitio
,
of
which
the
Records
are
full
,
who
were
not
ordinarily
to
give
their
attendance
at
the
Curia
.
But
tenure
per
Baroniam
,
was
I
take
it
in
those
times
no
more
than
tenure
by
Knights
Service
in
Capite
.
This
perhaps
I
could
prove
by
many
records
.
I
shall
instance
in
one
to
the
honour
of
a
Noble
Peer
of
this
Realm
,
now
Earl
late
Baron
of
Berkley
,
as
his
Ancestors
have
been
ever
since
the
time
of
Hen.
2.
One
of
his
Ancestors
had
the
grant
of
the
Mannor
of
Berkley
Harness
from
Hen.
2.
Maurice
Berkley
,
and
there
't
is
that
he
held
per
Baroniam
faciendo
inde
servitium
Trium
Militum
pro
omni
servitio
.
Two
Knights
fees
having
been
alien'd
;
inde
,
upon
the
account
of
the
Barony
,
or
rather
the
land
,
was
the
Knights
Service
,
and
the
Knights
service
made
the
Barony
,
as
appears
,
there
being
no
particular
words
creating
any
honourable
tenure
,
but
what
resulted
from
serving
the
King
with
men
upon
his
own
charges
:
the
number
I
take
it
made
nothing
towards
the
nature
of
the
tenure
.
These
tenants
by
Knights
service
,
the
Kings
Barons
,
were
obliged
to
be
at
the
Kings
Courts
de
more
;
if
at
the
Great
Court
when
he
should
call
them
,
the
chief
ground
was
upon
their
ordinary
attendance
amongst
the
rest
of
the
tenants
.
That
what
relates
to
the
Curia
Regis
within
the
Const
.
of
Clarendon
was
meant
of
the
ordinary
justice
of
the
Kings
Court
,
and
consequently
the
ordinary
Court
,
old
_____
of
Glocester
is
express
.
Yuf
a
man
of
holi-Church
hath
ein
lay
fee
,
Parson
,
otherwhat
he
be
,
he
shall
do
therevore
King's
Service
,
that
there
valth
,
that
is
right
ne
be
vorlore
.
In
plaiding
,
and
in
Assize
be
;
and
in
judgement
also
.
But
this
farther
appears
by
the
summons
to
,
and
proceedings
at
Northampton
the
very
next
year
.
This
Hoveden
calls
Curia
Regis
,
Quidam
Vicecomites
&
Barones
secundae
dignitatis
were
added
,
Majores
Barones
,
having
the
countys
in
fee
,
but
this
restraint
seems
not
to
reach
to
the
Barones
secundae
dignitatis
;
suppose
that
it
does
,
and
so
comes
only
to
the
uppermost
of
them
,
the
Vavasores
perhaps
,
that
is
inferior
or
Mesne
Lords
holding
Mannors
of
others
,
not
the
King
;
still
here
were
more
than
tenants
in
Chief
,
and
to
be
sure
,
these
being
said
to
be
added
,
were
more
than
the
members
of
the
ordinary
Curia
,
and
this
Court
to
which
they
were
added
was
only
the
ordinary
Court
of
Justice
.
If
we
can
shew
when
this
ordinary
Court
of
Justice
determin'd
,
and
who
succeeded
into
the
places
of
the
ordinary
members
of
it
,
we
may
go
farther
to
clear
the
matter
in
question
than
perhaps
has
yet
been
done
.
If
the
Lords
the
great
men
,
succeeded
the
Court
of
Tenants
,
and
were
let
into
that
jurisdiction
which
they
exercised
,
and
there
is
no
colour
of
proof
that
Clergy-men
in
the
Curia
Regis
ever
voted
in
Capital
causes
,
but
if
on
the
other
side
,
(
the
prohibitions
running
against
judicia
sanguinis
,
and
the
constitution
of
Clarendon
referring
to
the
Curia
Regis
,
where
the
ordinary
judicia
sanguinis
were
agitated
and
pronounced
)
justly
,
they
took
themselves
to
be
excluded
the
Curia
,
quando
de
illis
materiis
agitur
;
It
will
I
think
be
evident
that
the
Bishops
,
as
a
part
of
the
house
of
Lords
,
answering
to
the
Court
of
the
Kings
tenants
,
never
had
any
right
to
vote
in
Capital
cases
.
But
it
lyes
upon
me
here
to
shew
when
and
how
the
Curia
Regis
went
off
.
I
have
before
observed
that
the
duty
of
Tenants
was
either
to
attend
the
King
in
his
Wars
,
in
his
administration
of
ordinary
justice
,
or
as
a
Council
to
give
him
aid
in
lieu
of
,
or
by
way
of
advance
upon
their
personal
services
in
the
Wars
.
As
they
attended
in
the
Wars
they
could
not
be
a
Court
or
Council
,
and
so
no
Curia
Regis
.
As
a
Court
of
justice
,
their
attendance
was
superseded
by
Magna
Charta
,
2
,
or
9
of
Hen.
3.
Communia
placita
non
sequantur
Curiam
nostram
sed
teneantur
in
aliquo
loco
certo
.
Hereby
the
administration
of
justice
was
taken
from
the
ordinary
Curia
,
Yet
after
this
they
continued
a
Court
,
or
Council
for
aids
till
the
34th
of
Edw.
the
first
,
When
this
Court
was
gone
,
as
before
I
observed
,
we
find
Tenants
in
chief
pleading
that
their
coming
to
the
Great
Court
or
Parliament
was
pro
omni
servitio
,
which
shews
manifestly
,
that
the
Great
Court
not
only
took
in
the
less
,
as
it
did
in
the
nature
of
the
thing
,
being
that
and
more
;
but
that
it
preserved
the
Image
of
it
;
and
indeed
what
was
a
duty
in
them
that
came
to
,
or
were
members
of
the
ordinary
Curia
,
turn'd
to
a
priviledge
or
right
in
them
who
succeeded
to
the
dignity
,
though
not
the
services
of
Tenants
.
As
the
Tenants
were
obliged
by
their
Tenure
interesse
judiciis
Curiae
Regis
,
they
that
succeeded
to
their
dignity
had
right
to
be
Judges
in
Parliament
.
And
whereas
the
Curia
Regis
,
as
a
Court
of
Justice
was
taken
away
or
defeated
in
the
time
of
Hen.
3.
we
find
by
Britton
,
suppos'd
to
have
wrote
in
the
fifth
of
his
immediate
successor
,
that
the
Barons
were
Judges
in
Parliament
,
as
the
Tenants
and
Officers
had
been
in
the
Curia
Regis
.
Et
en
case
ou
nous
somes
partie
volons
que
nostre
Court
soit
judge
sicome
Counts
&
Barons
en
temps
de
Parliament
.
Now
let
us
return
to
the
constitution
of
Clarendon
.
The
tenants
whose
duty
it
exacts
(
the
Lay
Tenants
disputed
not
)
were
Tenants
by
Barony
;
judicium
vitae
vel
membrorum
they
were
not
to
meddle
with
;
when
they
came
in
judicio
,
in
jurisdiction
,
or
the
tryal
of
causes
,
ad
judicium
vitae
vel
membrorum
,
that
is
to
such
a
cause
,
or
the
exercise
of
such
a
jurisdiction
,
judicium
vitae
vel
membrorum
,
This
Great
Lawyer
,
Item
si
cui
concedatur
talis
libertas
quod
habeat
soke
,
&
sake
,
toll
,
&
them
,
Infangthef
;
&
utfangthef
,
Judicium
vitae
&
membrorum
,
&
furcas
,
&
alia
quae
pertinent
ad
executionem
judicii
,
&c.
Here
this
Judicium
vitae
&
membrorum
must
be
meant
of
the
whole
tryal
,
or
jurisdiction
,
otherwise
it
is
supposed
,
that
he
tells
us
,
the
King
granted
those
men
Liberty
to
pronounce
,
or
depute
those
that
should
pronounce
,
the
final
Judgment
,
who
yet
neither
by
themselves
,
nor
Deputies
,
had
any
thing
to
do
with
the
praeliminaries
,
the
questions
arising
between
,
and
leading
to
the
Justice
of
the
Judgement
,
which
is
an
absurd
supposal
.
The
having
Judicium
,
or
power
in
judicio
,
does
not
,
as
I
conceive
,
any
way
suppose
a
tryal
already
begun
,
and
the
Bishops
present
so
far
in
it
;
but
when
it
comes
to
the
point
of
mutilation
or
death
,
then
they
have
leave
to
withdraw
;
that
is
,
they
are
a
Court
,
or
of
the
Court
,
for
such
a
cause
,
and
yet
they
are
not
a
Court
for
such
a
cause
;
for
the
cognizance
of
causes
takes
in
the
Judicium
,
the
tryal
,
in
the
agitation
,
Agitare
judicium
,
and
in
the
final
or
solemn
pronouncing
of
the
Judgement
.
It
is
indeed
possible
,
though
not
rational
,
that
the
law
should
give
the
Jurisdiction
over
part
of
a
Cause
,
and
not
the
whole
,
yet
't
is
not
to
be
imagined
that
such
was
the
meaning
of
the
Law-makers
,
especially
,
when
we
find
the
words
of
the
law
,
according
to
the
sense
put
upon
those
words
,
by
the
most
learn'd
,
in
the
age
nighest
to
them
that
transmit
the
law
to
us
,
are
not
to
be
brought
to
such
a
dividing
sense
without
a
great
deal
of
force
:
And
to
this
the
several
other
copies
of
this
constitution
give
weight
.
the
sense
is
best
understood
by
the
practice
of
that
age
.
If
the
sense
be
plain
,
a
contrary
practice
is
not
to
determine
the
sense
another
way
,
as
,
as
great
an
Author
,
the
learned
Doctor
Stillingfleet
,
proves
at
large
in
his
answer
to
Mr.
Cressy's
Epistle
Apologetical
,
there
is
no
manner
of
regard
had
to
the
Statutes
of
Provisors
,
although
so
often
repeated
;
nor
did
common
practice
agree
with
the
positive
and
plain
law
.
But
the
testimony
of
Petrus
Blesensis
brought
to
prove
the
practice
in
the
time
of
Hen.
2.
I
could
set
aside
with
better
colour
,
than
the
Author
of
the
Grand
question
does
the
true
sense
of
judicium
and
in
judicio
.
For
Petrus
Blesensis
joins
together
the
Principes
Sacerdotum
and
Seniores
Populi
,
the
last
of
which
,
in
common
acceptation
,
relates
to
the
Laity
;
and
for
their
withdrawing
just
at
the
final
judgement
,
surely
there
could
be
no
pretence
from
the
practice
of
that
age
.
But
let
's
take
his
authority
,
à
pronunciatione
duntaxat
,
&
executione
poenalis
sententiaese
absentent
.
Here
he
expressly
confirms
the
sense
,
which
I
shall
enforce
,
and
makes
the
votings
in
the
preliminaries
,
mortis
aut
truncationis
membrorum
judicium
decernere
.
Some
Clergy-men
it
seems
did
thus
decernere
judicium
sanguinis
,
and
he
blames
them
for
it
,
but
can
their
practice
of
any
thing
against
law
be
an
Argument
that
there
was
no
law
against
such
practice
?
And
besides
this
being
brought
to
shew
the
meaning
of
the
constitution
of
Clarendon
,
which
speaks
only
of
the
Curia
Regis
;
this
has
no
colour
of
a
proof
,
because
they
might
have
handled
such
matters
in
their
own
Courts
,
where
the
King
gave
them
judicium
vitae
&
membrorum
,
as
Bracton
has
shewn
us
;
but
that
they
did
not
in
the
Curia
Regis
,
we
are
to
believe
,
till
express
authority
be
brought
to
shew
that
they
did
.
One
of
the
Editions
of
Blesensis
has
but
quidam
,
some
of
them
only
could
dispense
with
the
obligation
;
of
what
nature
the
obligation
was
,
I
shall
soon
shew
,
and
will
usher
it
in
with
the
judgement
of
Mr.
Selden
,
who
was
best
acquainted
with
the
several
copies
of
this
constitution
,
and
with
those
laws
which
were
the
ground
of
it
,
perhaps
of
any
man
since
the
making
the
constitution
.
The
meaning
of
it
is
,
says
he
,
that
all
Bishops
,
Abbots
,
Priors
,
and
the
like
,
that
held
in
Chief
of
the
King
had
their
possessions
as
Baronies
,
and
were
accordingly
to
do
all
services
,
and
to
sit
in
judgement
with
the
rest
of
the
Barons
in
all
cases
,
saving
cases
of
blood
.
The
exceptions
of
cases
of
blood
proceeded
from
the
Canon
Laws
which
prohibited
Clergy-men
to
assent
to
such
judgements
.
But
we
are
told
,
that
Hen.
2.
in
the
Parliament
at
Northampton
declar'd
,
that
Bishops
were
bound
by
virtue
of
the
Constitution
of
Clarendon
to
be
present
,
and
to
give
their
Votes
in
cases
of
Treason
.
That
this
was
only
a
Curia
Regis
,
That
it
should
be
affirmed
that
the
King
then
press'd
the
Bishops
to
give
their
Votes
in
a
Capital
case
,
(
as
the
Author
supposes
every
crimen
laesae
Majestatis
then
to
have
been
)
I
wonder
,
because
't
is
apparent
from
the
circumstances
that
the
King
prest
for
a
final
judgement
,
and
therefore
could
not
urge
that
as
the
duty
of
their
tenure
,
when
even
according
to
this
learned
man
,
the
Canons
prohibited
their
pronouncing
final
sentence
,
Clarendon
,
out
of
regard
and
reverence
to
the
Canons
of
the
Church
,
requir'd
only
that
they
should
act
in
such
causes
,
till
the
cause
was
ripe
for
sentence
,
not
that
they
should
stay
at
the
Sentence
:
that
point
he
was
content
to
yield
them
;
and
he
himself
shews
us
out
of
Fitz-Stephen
,
that
the
Bishops
look'd
not
on
the
matter
as
Capital
,
for
they
did
not
urge
the
Canons
in
the
case
;
but
they
excus'd
themselves
upon
the
account
of
the
Arch-Bishops
prohibition
.
And
the
King
reply'd
,
that
(
viz.
that
Prohibition
)
had
no
force
against
the
Constitution
of
Clarendon
,
Notwithstanding
the
plain
sense
of
all
this
,
we
find
a
very
artificial
management
of
Fitz-Stephens
,
and
other
authorities
.
1.
As
if
Becket
were
accus'd
of
a
Capital
matter
,
it
being
call'd
Crimen
laesae
Majestatis
.
2.
As
if
the
crime
he
was
accus'd
of
was
appealing
to
Rome
,
treason
by
the
ancient
Common
law
before
any
Statutes
made
.
1.
I
will
readily
grant
that
in
the
language
of
that
age
Becket
was
accus'd
or
impeach'd
of
Crimen
laesae
Majestatis
,
but
that
all
Crimina
laesae
Majestatis
were
then
capital
,
Glanvile
,
who
was
Chief
Justice
in
that
Kings
reign
,
Crimen
quod
in
legibus
dicitur
Crimen
laesae
Majestatis
,
ut
de
nece
,
vel
seditione
Personae
Domini
Regis
vel
regni
vel
exercitus
,
occultatio
inventi
thesauri
fraudulosa
,
placita
de
pace
Domini
Regis
infracta
,
&c.
Hereby
every
breach
of
the
Kings
Peace
,
was
Crimen
laesae
Majestatis
;
every
breach
of
the
laws
by
Acts
of
injustice
is
a
breach
of
his
peace
,
contra
pacem
&
Coronam
;
therefore
Becket
having
denied
justice
to
John
the
Marshal
,
and
refusing
to
answer
the
King
who
charg'd
him
in
account
,
especially
standing
in
contempt
of
the
Kings
Court
,
was
guilty
of
this
crime
.
Indeed
Glanvile
when
he
has
named
Homicide
,
malicious
firings
,
and
other
crimes
,
adds
Et
siquae
sunt
similia
;
quae
scilicet
crimina
ultimo
puniuntur
supplicio
,
aut
membrorum
truncatione
.
As
if
no
crimes
were
within
this
name
,
but
those
which
drew
after
them
capital
punishment
,
but
that
is
certainly
to
be
meant
of
such
as
are
not
there
specified
:
that
is
,
all
such
like
crimes
,
provided
they
are
capital
in
the
punishment
annext
by
law
,
are
Crimina
laesae
Majestatis
,
though
neither
homicide
,
nor
firing
,
&c.
nor
any
direct
and
open
breach
of
the
peace
.
'T
is
evident
that
he
confines
not
placita
de
pace
infractâ
to
homicide
and
those
that
follow
;
de
verberibus
,
de
plagis
etiam
.
Which
he
says
are
tryable
by
the
Sheriff
in
default
of
Mesn
Lords
,
unless
the
Indictment
be
in
the
Kings
name
.
Nisi
accusator
adjiciat
,
de
pace
Domini
Regis
infractâ
.
But
it
appears
from
Fitz-Stephen
,
that
Becket
was
not
impeach'd
for
appealing
to
Rome
,
pro
ratiocinio
Cancellariae
reddendo
;
to
which
he
pleads
,
that
the
King
remitted
him
when
he
was
made
Arch-bishop
,
that
he
then
was
quietus
&
solutus
ab
omni
Regis
querelâ
.
But
further
,
that
he
was
called
only
to
answer
in
the
cause
of
John
the
Marshal
,
in
which
he
complained
that
he
had
had
hard
measure
,
but
for
the
last
neque
in
causâ
sum
ratiocinii
;
neque
aliquam
habui
ad
eam
citationem
:
still
the
King
urges
the
Proceres
to
proceed
to
judgement
against
him
,
he
finding
them
ready
to
comply
with
the
King
,
appeals
to
Rome
,
and
strictly
enjoyns
all
his
suffragan
Bishops
and
others
not
to
meddle
in
the
matter
.
Upon
this
,
redeunt
ad
Regem
Episcopi
&
in
pace
à
judicando
Archiepiscopo
excusati
à
Baronibus
seorsim
sedent
,
nec
minus
à
Comitibus
&
Baronibus
suum
exigit
Rex
judicium
:
evocantur
quidam
Vicecomites
&
Barones
secundae
dignitatis
,
&c.
What
is
here
like
the
pretence
of
his
being
accused
in
a
capital
matter
,
and
the
Kings
urging
the
Bishops
to
judge
him
notwithstanding
a
capital
accusation
?
Nay
further
,
admit
that
he
had
been
impeach'd
of
appealing
to
Rome
(
which
't
is
evident
both
from
Fitz-Stephen
and
Gervase
that
he
was
not
)
I
question
whether
it
had
been
capital
then
,
or
whether
the
Lord
Cook
says
that
such
an
owning
of
the
Popes
Power
was
Treason
,
by
the
ancient
Common
Law
,
before
any
Statutes
were
made
;
which
I
conceive
he
do's
not
:
The
most
which
I
find
in
him
towards
this
point
,
But
this
is
further
observable
that
the
King
himself
appeal'd
to
the
Pope
in
this
very
controversie
between
him
and
Becket
.
Hâc
igitur
celebri
celebratâ
&
acceleratâ
appellatione
misit
Rex
,
And
according
to
Grev.
the
Bishops
appeal'd
to
the
Pope
against
Becket
,
with
the
great
approbation
of
the
King.
Wherefore
the
Article
in
the
Constitution
of
Clarendon
touching
appeals
,
the
first
declaration
that
I
find
of
the
law
in
this
point
,
comes
not
up
to
Beckets
appeal
.
De
appellationibus
si
emerserint
ab
Archidiacono
,
debent
procedere
ad
Episcopum
,
ab
Episcopo
ad
Archiepiscopum
,
Et
si
Archiepiscopus
defuerit
in
justitiâ
exhibendâ
,
This
is
of
causes
begun
in
ecclesiastical
Courts
,
these
were
not
to
go
further
than
the
Archbishops
Court
,
that
is
,
not
to
the
Pope
without
the
Kings
licence
;
now
admit
an
appeal
had
been
before
the
Pope
with
the
Kings
licence
,
yet
it
might
have
been
Crimen
laesae
Majestatis
,
to
put
the
Popes
sentence
in
execution
without
new
licence
had
:
but
where
a
matter
lay
not
in
these
inferiour
Courts
,
as
Becket's
did
not
,
whether
the
appealing
in
such
a
case
had
been
against
the
Law
then
,
I
make
a
doubt
,
I
am
sure
it
is
not
prov'd
at
least
,
that
't
was
capital
.
I
know
not
of
any
greater
penalty
than
a
Premunire
ever
annext
to
it
,
till
the
Reformation
.
But
if
it
were
capital
from
the
beginning
,
't
would
not
be
any
thing
to
the
purpose
here
,
because
Becket
was
not
impeacht
for
appealing
.
I
cannot
but
charge
this
Author
with
a
great
deal
of
artifice
in
this
place
,
and
of
much
labour
to
reconcile
things
,
as
I
should
think
,
very
disagreeing
:
he
tells
us
that
according
to
Fitz-Stephen
,
Becket
was
accus'd
of
Treason
,
and
the
Bishops
sate
together
with
other
Barons
,
and
because
it
did
not
come
to
a
Sentence
of
death
,
after
a
great
debate
between
the
other
Lords
and
Bishops
about
pronouncing
the
sentence
,
the
Bishop
of
Winchester
did
it
:
here
he
jumbles
together
,
what
in
another
place
he
rightly
divides
,
he
takes
it
right
that
there
were
Two
causes
,
the
one
that
of
John
the
Marshal
,
the
other
that
which
he
would
make
capital
;
in
the
first
,
the
Bishops
did
certainly
sit
in
judgement
,
there
the
Bishop
of
Winch.
pronounc'd
the
sentence
;
as
Mr.
Selden
(
who
this
Author
confesses
has
printed
the
proceedings
of
this
judgement
very
exactly
)
shews
out
of
Stephanides
:
the
Bishop
of
Winch.
gave
sentence
,
where
he
was
accus'd
of
Treason
;
nay
,
though
his
own
Author
Stephanides
is
express
,
that
upon
the
second
charge
,
which
contain'd
the
suppos'd
capital
matter
,
the
Bishops
withdrew
,
&
quidam
Vicecomites
&
Barones
secundae
dignitatis
were
taken
into
the
Court.
Thus
I
think
I
have
shewn
that
the
King
did
not
declare
at
Northampton
,
that
the
Bishops
were
bound
by
virtue
of
the
Constitution
of
Clarendon
to
be
present
and
to
give
their
votes
in
cases
of
Treason
,
(
as
such
were
capital
)
but
rather
it
not
being
a
Capital
case
upon
which
the
King
demanded
judgement
,
that
therefore
the
Bishops
were
by
that
Constitution
oblig'd
to
be
there
.
Admitting
that
this
constitution
is
no
law
prohibiting
Clergy-men
to
Vote
in
Capitals
,
only
obliging
them
to
the
duty
of
their
tenure
;
and
leaving
them
to
act
in
matters
of
blood
,
according
as
they
thought
themselves
bound
by
the
Canons
:
Yet
I
think
herein
it
appears
that
those
Canons
were
received
by
the
temporalty
,
and
so
became
laws
.
But
not
to
insist
upon
this
,
the
question
here
is
,
1.
First
,
What
the
Canon
law
prohibited
.
2.
What
force
that
prohibition
has
at
this
day
.
1.
The
Author
of
the
Grand
Question
has
I
conceive
misrepresented
the
sense
of
Lanfranc's
Canon
concerning
this
matter
,
which
he
has
render'd
thus
:
That
no
Bishop
or
Clergy-man
should
condemn
a
man
to
death
,
or
give
vote
in
the
sentence
of
condemnation
.
Here
he
confines
the
prohibition
to
the
final
judgement
only
;
and
yet
says
,
Lanfranc
had
brought
the
Canon
of
the
Eleventh
Council
of
Toledo
into
England
:
So
that
Lanfranc's
and
that
of
Toledo
he
yields
must
speak
the
same
thing
;
That
of
Toledo
,
is
this
:
His
à
quibus
Domini
Sacramenta
tractanda
sunt
,
quod
morte
plectandum
est
sententiâ
propriâ
judicari
praesumant
,
aut
truncationes
quaslibet
membrorum
quibuslibet
personis
aut
per
se
inferant
aut
inferendas
praecipiant
.
His
à
quibus
Domini
sacramenta
tractanda
sunt
,
undeniably
reaches
to
Bishops
,
as
well
as
inferior
Clergy
,
and
so
removes
the
cavil
which
many
make
upon
some
Canons
,
or
Laws
,
mentioning
Clerk
,
or
Clerus
only
.
Here
't
is
laid
down
for
a
principle
,
non
debent
agitare
judicia
,
they
must
not
to
debate
upon
such
judgements
,
or
try
such
causes
,
that
is
as
Petrus
Blesensis
expresses
it
,
Now
can
we
think
the
wise
Council
of
Toledo
understood
sense
so
little
to
declare
,
that
Clergy-men
ought
not
to
debate
about
,
or
try
such
causes
,
and
therefore
should
prohibit
only
the
final
judgement
?
nay
't
is
very
clear
that
they
,
agreeably
to
the
maxim
they
receive
,
forbid
them
quod
morte
plectendumest
sententiâ
propriâ
judicare
,
to
judge
of
,
or
try
the
matter
,
or
cause
in
their
own
persons
;
not
but
that
where
the
King
gave
them
judicium
vitae
&
membrorum
,
as
we
find
in
Linwood
,
they
might
delegate
authority
to
others
to
judge
,
without
breach
at
least
of
after
Canons
.
But
this
of
Toledo
I
conceive
wholly
shuts
them
out
from
the
cause
,
or
tryal
of
it
.
And
according
to
this
very
Author
,
this
Canon
of
Toledo
is
to
be
taken
as
explanatory
of
Lanfranc's
,
which
is
much
shorter
,
and
less
express
;
yet
comes
to
the
same
,
in
the
signification
of
the
words
,
as
well
as
in
the
intention
of
the
Council
,
Lanfranc's
we
have
in
these
words
,
Iterum
ut
nullus
Episcopus
vel
Abbas
,
This
speaks
of
the
man
guilty
of
a
crime
worthy
of
death
,
or
loss
of
member
,
the
other
of
the
cause
,
or
matter
;
which
are
tantamount
:
but
by
this
they
were
not
to
judge
themselves
;
nor
sit
by
,
while
others
judge
,
or
any
way
contribute
to
the
Judgement
.
But
of
this
the
great
Council
at
Westminster
in
the
year
1175.
is
the
best
Interpreter
.
Matthew
Paris
.
In
hoc
concilio
,
haec
subscripta
promulgata
sunt
Capitula
:
Hiis
qui
in
sacris
ordinibus
constituti
sunt
,
Judicium
Sanguinis
agitare
non
licet
,
unde
prohibemus
ne
aut
per
se
membrorum
truncationes
faciant
aut
inferendas
judicent
,
&c.
this
is
almost
the
same
in
words
with
that
of
Toledo
,
and
by
the
concession
of
the
Learned
Author
of
the
Gr.
Question
that
of
Toledo
was
then
produced
by
Richard
Arch-bishop
of
Canterbury
:
It
is
a
received
Maxime
that
Clergy-men
ought
not
so
much
as
to
vote
in
preliminarys
,
relating
to
capital
cases
;
and
therefore
to
give
the
final
Judgement
is
only
unlawful
by
the
Canon
,
which
declares
that
to
vote
,
even
in
preliminarys
,
is
unlawful
.
In
Richard
the
second
's
time
,
the
Bishops
understood
not
this
nice
reasoning
,
and
therefore
they
enter
their
formal
Protestation
on
Record
.
Agitur
de
nonnullis
Materiis
,
that
is
Capital
causes
,
in
'T
was
not
so
much
because
't
was
in
Parliament
,
as
because
matter
of
Blood
was
in
question
.
And
indeed
the
Canons
mentioning
Judicia
Sanguinis
,
that
is
Ordinary
Judgements
,
such
as
were
agitated
in
the
Kings
Ordinary
Court
of
Justice
,
and
the
constitution
of
Clarendon
referring
only
to
that
Court
,
it
appears
that
these
Constitutions
were
received
in
Parliament
in
the
Reign
of
Edw.
the
first
.
When
the
King
ty'd
up
his
hands
from
giving
Clergy-men
Power
,
even
so
much
as
by
his
special
Commissions
,
to
sit
upon
the
tryals
of
such
causes
.
if
they
be
Lay.
And
if
one
of
them
be
a
Clerk
,
then
one
of
the
most
discreet
Knights
of
the
Shire
being
Associate
to
him
that
is
a
Lay-man
,
by
our
Writ
shall
deliver
the
Gaoles
of
the
Shires
.
Hereby
it
appears
that
if
one
of
the
Judges
were
a
Clergy-man
,
he
was
not
so
much
as
to
sit
with
the
other
upon
the
delivery
of
the
Gaol
;
that
is
the
tryal
of
capital
Causes
;
but
another
Lay-man
should
be
commission'd
for
that
purpose
.
And
agreeable
to
this
we
find
in
the
Records
of
the
Tower
,
that
when
two
have
been
Commissioned
as
Judges
for
the
same
Circuit
,
whereof
one
has
been
a
Clergy-man
the
other
Lay
,
the
Clergy-man
has
had
only
Common-Pleas
in
his
Commission
,
the
other
both
Common-Pleas
and
Pleas
of
the
Crown
:
nor
is
it
material
that
some
Rolls
may
be
found
out
purporting
as
if
Pleas
had
been
held
before
two
whereof
one
hapned
to
be
a
Clerk
;
for
it
is
to
be
taken
reddendo
singula
singulis
.
(
2.
)
This
were
enough
to
settle
the
2d
point
,
viz.
of
what
force
such
prohibition
,
as
I
have
shewn
,
is
at
this
day
;
but
I
take
leave
to
offer
farther
,
what
as
I
conceive
may
give
yet
clearer
satisfaction
;
which
is
,
that
the
difference
of
an
Ecclesiastical
Synod
from
a
Temporal
Great
Council
,
was
not
taken
from
the
persons
present
in
either
,
but
the
matters
of
which
they
treated
,
and
the
parties
which
managed
there
according
to
the
different
matters
;
if
Ecclesiastical
Affairs
,
't
was
a
Synod
,
if
temporal
,
it
had
some
other
name
,
as
Commune
Concilium
Regni
Angliae
,
or
the
like
to
distinguish
it
by
.
The
great
Jewel
hath
long
since
given
Authority
to
this
Assertion
about
Ecclesiastical
Synods
,
which
he
calls
concilia
Episcopalia
:
Ab
Episcopis
nomen
concilia
invenisse
fateor
,
eoque
dicta
fuisse
Episcopalia
:
quod
Episcoporum
judicio
&
prudentiâ
omnia
constituerentur
.
Sed
tune
idcirco
concilia
haec
nihil
ad
principem
attinuisse
colliges
.
As
the
Ecclesiastical
Laws
were
supposed
to
lay
a
more
immediate
Obligation
upon
the
conscience
,
and
were
for
the
most
part
enforc't
by
Ecclesiastical
censures
,
they
were
call'd
Canons
or
Rules
,
not
having
that
outward
coertion
and
penalties
annext
which
others
had
,
but
yet
they
were
no
less
Laws
.
The
Statute
of
Henry
the
8th
.
which
provides
That
no
Canons
,
Constitutions
or
Ordinance
shall
be
made
or
put
in
Execution
within
this
Realme
,
by
Authority
of
the
Convocation
of
the
Clergy
,
does
not
in
the
least
Abrogate
,
or
Condemn
those
which
were
made
by
the
Authority
of
the
King
,
the
Clergy
,
and
the
Laity
:
As
I
will
not
say
all
Ecclesiastical
constitutions
were
,
from
the
time
of
William
1.
to
the
above-mentioned
Synod
at
Westminster
,
it
is
enough
if
that
alone
were
so
.
And
then
if
that
be
not
repugnant
to
some
Law
since
made
,
I
conceive
it
is
still
in
force
,
having
had
full
Legal
sanction
.
For
the
clearing
this
't
will
be
necessary
to
shew
something
of
the
nature
of
the
Ecclesiastical
Councils
according
to
the
Modus
establisht
anciently
in
Engl.
I
must
confess
that
several
Historians
,
when
they
mention
concilium
totius
Angliae
,
speaking
of
an
Ecclesiastical
Council
,
add
frequently
,
Episcoporum
,
viz.
&
Abbatum
,
nec
non
&
multarum
religiosi
ordinis
personarum
,
Though
to
be
sure
the
King
were
sometimes
jubens
&
praesens
,
as
at
the
Council
at
Winchester
.
But
it
appears
even
by
their
own
modus
tenendi
synodos
in
Angliâ
primaevis
temporibus
,
which
I
take
it
was
the
same
that
was
agreed
on
in
Lanfranc's
time
,
of
whom
Malmsbury
sayes
,
By
their
antient
Modus
,
I
say
,
it
appears
that
the
Laity
were
to
be
present
in
their
Ecclesiastical
Councils
;
for
when
it
mentions
the
Clergy
in
order
it
adds
,
Exinde
introducantur
Laici
bonae
conversationis
,
that
is
probi
homines
,
vel
qui
electione
conjugali
interesse
meruerint
,
every
Lay-man
of
good
conversation
,
It
would
be
superfluous
to
produce
the
many
Authorities
,
which
shew
that
the
Laity
used
to
be
of
Council
in
Ecclesiastical
affairs
,
as
well
as
the
Clergy
in
Temporal
,
and
to
give
their
Assent
in
making
Canons
or
Laws
.
I
will
instance
in
some
very
remarkable
ones
out
of
many
;
One
Eadmerus
recommends
with
a
solemn
protestation
,
Matilda
Daughter
of
Malcolm
King
of
Scots
marryed
to
Henry
the
first
,
being
reputed
a
Nun
,
offers
her self
to
be
tryed
by
the
Ecclesiastical
Law
,
In
another
place
,
Obtulit
se
vel
sacramento
vel
alia
quam
magis
eligerint
ecclesiasticâ
Lege
probaturam
,
At
the
day
appointed
there
Assembled
Episcopi
,
Abbates
,
Nobiles
quique
ac
Religiosi
ordinis
viri
:
the
case
appeared
to
be
that
she
had
taken
upon
her
a
Nuns
habit
,
but
had
never
been
profest
;
whereupon
Anselm
having
stated
her
case
to
the
tota
Regni
nobilitas
populusque
minor
,
the
Nobility
and
Commonalty
,
and
in
the
name
of
God
required
them
,
Quatenus
siquis
aliter
de
negotio
illo
sentiret
ac
sententia
tulerat
(
unde
scilicet
ipsam
copulam
secundum
Legem
Christianam
fieri
non
debere
posset
ostendi
)
nihil
haesitans
salvâ
pace
omnium
coram
proferret
.
Here
any
man
there
had
free
leave
to
offer
wherein
he
thought
that
marriage
void
by
the
Christian
Law
,
or
Law
of
Holy
Church
:
but
cunctis
unà
clamantibus
rem
justè
definitam
,
legitimè
conjuncti
sunt
.
Had
not
this
been
to
vindicate
Anselme
,
who
it
seems
lay
under
the
imputation
of
marrying
the
King
contrary
to
the
Laws
of
Holy
Church
,
possibly
Eadmerus
had
never
given
us
so
full
an
account
;
but
he
shews
very
particularly
how
those
great
Councils
Acted
,
that
't
was
in
an
intire
Body
;
the
Assent
was
,
cunctis
unà
clamantibus
.
If
any
thing
was
offered
,
or
pronounced
in
a
Definitive
Way
,
which
was
generally
dislik't
,
fremitu
aspernabatur
,
as
we
are
elsewhere
told
of
such
Assemblies
.
If
the
Council
was
divided
,
diversis
diversae
parti
acclamantibus
,
they
were
forc't
to
Adjourn
or
break
up
.
Thus
,
as
't
was
amongst
the
Lacedemonians
,
what
was
propounded
was
determined
,
clamore
non
calculis
.
We
have
the
like
Account
of
an
Ecclesiastical
Synod
in
the
28th
of
the
same
King.
Gulielmus
Dorobernensis
congregavit
generale
Concilium
omnium
Ep.
&
Abb.
&
quarumcunque
religiosarum
personarum
,
This
we
see
was
an
Episcopal
Council
,
and
the
Bishop
was
President
,
but
then
Confluxerant
quoque
illuc
magnae
multitudines
Clericorum
laicorum
tam
divitum
quam
mediocrium
,
&
factus
est
conventus
grandis
&
inaestimabilis
,
here
was
a
confluence
of
the
inferiour
Clergy
,
and
the
Lay-Lords
and
Commons
,
and
the
number
was
beyond
Account
.
Acta
sunt
ibi
de
Negotiis
Saecularibus
nonnulla
;
being
all
met
together
,
though
upon
Ecclesiastical
affairs
chiefly
,
yet
they
had
colloquium
about
Secular
too
;
and
coming
all
in
their
own
persons
,
(
not
by
way
of
representation
,
when
they
that
were
chose
to
come
instead
of
the
rest
,
might
receive
certain
Instructions
according
to
the
matter
propounded
for
treaty
,
beyond
which
they
had
no
power
,
)
it
was
not
needful
that
they
should
know
before-hand
what
they
were
to
treat
of
,
but
might
fall
upon
any
thing
pro
re
natâ
.
Quaedam
quidem
determinata
,
quaedam
dilata
,
quaedam
verò
propter
nimium
aestuantis
turbae
tumultum
ab
audientiâ
judicantium
,
profligata
.
It
seems
they
had
appointed
some
Judges
of
the
Pole
,
or
rather
of
the
noise
,
and
the
Crowd
was
so
Vast
,
the
noise
so
Confused
,
that
of
many
things
they
could
not
make
any
certain
Judgement
;
some
things
were
determined
by
a
General
Acclamation
,
and
others
were
Prorogued
to
a
further
day
.
Quae
autem
communi
Episcoporum
consensu
in
ipso
concilio
decreta
sunt
&
Statuta
,
sicut
illic
publicè
recitata
sunt
&
suscepta
,
in
hoc
opere
placuit
annotare
,
&c.
Here
Ecclesiastical
Matters
were
first
debated
,
and
settled
amongst
the
Bishops
,
then
they
were
publickly
rehearsed
,
and
either
rejected
,
or
suscepta
receiv'd
by
the
whole
Assembly
of
Clergy
and
laity
;
but
this
was
not
enough
to
give
them
the
force
of
a
Law
,
they
must
have
the
stamp
of
Royal
Authority
to
be
Currant
.
Rex
igitur
cum
inter
haec
Londoniae
moraretur
,
auditis
concilii
gestis
consensum
praebuit
&
confirmavit
statuta
Concilii
à
Guilielm
.
Cant.
Arch.
&
Rom.
Eccles
.
Legati
apud
Westm
.
Celebrati
.
At
this
time
it
seems
the
King
was
not
in
the
Council
,
but
the
Canons
,
though
drawn
up
by
the
Bishops
,
promulgated
before
and
assented
to
by
the
Body
of
the
Realm
,
yet
had
no
force
till
Authenticated
by
the
head
of
the
Church
and
State.
Gervase
of
Dover
is
little
less
particular
in
the
Account
of
the
Ecclesiastical
Synod
in
his
time
,
wherein
the
Canons
or
Constitution
declaring
it
unlawful
for
Clergy-Men
,
Agitare
Judicia
Sanguinis
,
was
embodyed
into
the
Laws
of
the
Land.
Ricardus
vero
Cant.
Arch.
totius
Angliae
Primas
&
Apostolicae
Sedis
Legatus
convocato
clero
Angliae
celebravit
concilium
in
ecclesiâ
Beati
Petri
ad
Westm
.
15.
Kal.
In
hoc
concilio
ad
emendationem
Anglicanae
Ecclesiae
assensu
Domini
Regis
&
primorum
omnium
Regni
haec
subscripta
promulgata
sunt
Capitula
.
Ad
Dextram
Primatis
sedit
Episcopus
Londinensis
quia
inter
Episcopos
Cantuar.
Ecclesiae
Sussraganeos
decanatus
praeminet
dignitate
;
ad
Sinistram
sedit
Episcopus
Winton
.
quia
Cantoris
officio
praecellit
:
caeteri
tam
Episcopi
quam
Abbates
secundum
primogenit
.
Ipse
vero
Archiepiscop
.
Here
it
appears
that
their
Councils
were
held
by
the
Arch-Bishops
of
Cant.
that
the
Statutes
or
Canons
were
drawn
up
in
some
private
Consults
of
Bishops
,
but
they
took
their
force
from
the
Assents
of
the
King
and
all
the
Primores
Regni
,
the
Clergy
and
Laity
of
the
Land
;
and
that
the
third
Canon
by
me
cited
,
was
a
Statute
.
This
to
be
sure
and
the
other
Ecclesiastical
Councils
abovementioned
,
were
more
than
the
Curia
de
more
.
I
cannot
,
as
the
Author
of
the
Grand
Question
does
,
summ
up
the
Arguments
on
both
sides
;
for
I
know
not
one
that
hath
yet
been
offered
,
against
what
I
have
gone
upon
,
which
may
be
thus
represented
in
short
,
1.
That
the
Canons
prohibit
the
judging
in
Capital
Causes
,
and
all
Preliminary
Votes
too
.
2.
That
these
Canons
were
received
by
the
great
Council
of
the
Nation
,
and
so
became
incorporated
into
,
and
part
of
the
Laws
of
England
.
3.
And
that
they
,
running
in
the
terms
of
Judicia
agitare
,
which
in
the
common
intendment
is
of
Ordinary
Justice
,
and
the
Constitution
of
Clarendon
particularly
referring
to
the
Ordinary
Court
of
Justice
,
except
it
can
be
shewn
that
Clergy-men
Voted
in
the
Ordinary
Curia
;
the
Court
of
Tenants
and
Officers
whilst
that
Court
continued
,
there
is
not
one
President
against
this
sense
of
the
Law.
If
it
be
said
they
have
Voted
in
Bills
of
Attainders
which
in
effect
are
Judicia
Sanguinis
:
Still
these
are
not
within
the
ordinary
Justice
;
however
if
they
are
Judicia
Sanguinis
,
in
a
strict
sense
,
let
them
who
are
concerned
,
answer
the
evading
the
sense
of
the
Law.
I
shall
give
one
plain
instance
of
a
great
Council
,
Circa
festum
Sancti
Pauli
venit
Dominus
Rex
usque
Northampton
&
magnum
ibi
celebravit
concilium
de
statutis
Regni
sui
coram
Episcopis
,
Comitibus
&
Baronibus
terrae
,
&
coram
eis
per
concilium
Comitum
&
Baronum
,
Militum
&
hominum
suorum
hanc
subscriptam
Assisam
fecit
,
&c.
This
was
more
than
an
Ordinary
Curia
,
and
there
being
the
Barones
terrae
;
the
Milites
and
homines
sui
are
not
to
be
taken
for
his
feudal
Tenents
,
but
his
Liege
People
.
For
his
Ordinary
Curia
we
find
a
clear
President
in
the
Glossary
of
that
great
Antiquary
Sir
Henry
Spelman
,
who
if
he
had
lived
to
finish
the
second
part
would
certainly
have
given
a
compleat
Body
of
Antiquity
.
We
find
in
him
the
form
of
a
fine
levy'd
in
the
Ordinary
Curia
.
Haec
est
finalis
conventio
facta
in
curia
Domini
Regis
apud
Clarendum
anno
33.
Richard
the
first
was
spirited
to
Jerusalem
,
and
therefore
we
must
not
expect
many
instances
from
him
of
the
one
sort
or
t'other
,
Curia
de
more
.
Hen.
Spelman
calls
it
Concilium
Pambritanicum
,
and
Bromton
tells
us
in
general
who
were
at
it
,
Carlisle
,
34
Ed.
1.
and
therefore
this
was
not
a
Court
of
the
Kings
Tenants
and
Officers
only
.
But
then
in
November
following
he
assembled
a
full
Parliament
at
London
.
Rex
congregatis
Episcopis
,
This
was
manifestly
more
than
the
Curia
Regis
.
A
great
Court
was
held
the
next
year
at
Bury
in
Normandy
,
He
was
crowned
in
the
presence
of
a
larger
representative
than
the
Interpreters
of
his
Charter
have
put
upon
us
,
A
populo
terrae
susceptus
est
.
King
John
in
one
of
his
Charters
says
,
Congregatis
Arch.
Ep.
Comitibus
&
Baronibus
atque
aliis
omnibus
.
This
explains
who
are
meant
by
the
Magnates
Regni
,
Great
Council
:
But
the
Records
give
further
light
,
absque
generali
Senatus
&
populi
conventu
&
edicto
:
From
London
King
John
issues
out
his
summons
to
William
King
of
Scots
to
attend
him
at
Lincoln
,
which
summons
he
was
obliged
to
obey
as
one
of
his
Tenants
in
Chief
,
but
thither
came
more
than
Tenants
in
Chief
,
nor
was
it
the
place
or
time
for
the
Curia
de
more
,
and
therefore
the
Curia
and
General
Council
was
united
,
the
King
of
Scots
coming
as
attendant
upon
the
Curia
,
Convenerunt
interea
ad
colloquium
apud
Lincolniam
,
In
the
third
of
his
reign
this
King
held
his
Curia
on
Christmass
at
Guildford
,
And
that
this
was
no
more
,
is
very
evident
in
that
the
Arch-bishop
of
Canterbury
to
shew
himself
a
Prince
in
the
Ecclesiastical
Empire
set
up
the
like
Court
of
his
Tenants
and
Dependants
.
Hubertus
verò
Cantuariensis
Arch.
At
Easter
the
King
held
his
Court
at
Canterbury
,
where
the
Arch-bishop
by
sumptuous
entertainment
of
the
King
hop'd
to
atone
for
his
former
Vain-glory.
On
Ascension-day
the
King
issues
out
his
summons
from
Theokesbery
,
for
the
holding
his
ordinary
Court
at
Whitsontide
following
at
Portsmouth
,
Generale
proposuit
edictum
ut
Comites
&
Barones
&
omnes
qui
militare
servitium
ei
debebant
,
Those
that
would
not
pass
the
Seas
with
him
consented
to
the
payment
of
escuage
Two
marks
of
Silver
upon
every
Knights
Fee
,
dantes
Regi
de
quolibet
scuto
duas
marcas
Argenti
.
The
next
year
he
held
his
Curia
on
Christmass
in
Normandy
.
And
the
year
following
this
,
In
the
year
1204.
his
Curia
was
held
on
Christmass
at
Canterbury
,
And
then
I
take
it
provision
was
made
for
the
defence
of
the
Kingdome
,
(
viz.
)
that
every
Nine
Knights
throughout
the
Kingdome
should
find
a
tenth
arm'd
at
all
points
to
be
ready
in
servitio
nostro
ad
defensionem
regni
quantum
opus
fuerit
:
this
to
be
sure
reacht
further
than
to
the
Knights
by
Military
Tenure
;
because
every
one
that
held
a
Knights
Fee
was
by
his
tenure
to
find
a
man
,
and
consequently
this
would
have
been
a
weak'ning
of
the
Kingdome
to
abate
of
their
services
,
but
it
must
needs
have
extended
to
all
that
held
to
the
value
of
a
Knights
Fee
,
though
not
by
Knights
service
.
This
was
provided
Communi
assensu
Arch.
Ep.
Com.
Baronum
&
omnium
fidelium
nostrorum
Angliae
.
And
at
the
same
Parliament
the
King
per
commune
Concilium
Regni
made
an
Assise
of
Money
.
In
the
year
1205.
he
held
his
Court
at
Theokesbery
which
broke
up
the
first
day
.
Soon
after
he
call'd
together
his
army
,
that
is
,
those
who
were
oblig'd
by
their
tenure
to
attend
him
;
for
though
the
Curia
de
more
was
confin'd
to
certain
days
,
yet
the
King
made
the
Court
where-ever
he
pleas'd
to
appoint
it
,
and
the
obligation
to
attendance
at
the
Court
was
indefinite
;
his
Military
Council
when
met
,
refus'd
to
go
with
him
beyond
sea
as
he
required
,
whereupon
with
a
few
of
them
he
sets
out
to
sea
,
and
after
he
had
coasted
about
a
little
,
he
exacted
a
great
summ
of
money
from
those
whose
tenure
could
furnish
him
with
a
pretence
for
it
,
because
they
discharg'd
not
the
duty
of
their
tenure
,
occasiones
praetendens
quod
noluerunt
ipsum
sequi
.
The
next
year
he
held
his
Court
on
Christmass
at
Oxford
.
ordinary
Curia
,
There
was
a
grant
of
subsidy
upon
every
mans
personal
estate
per
Commune
Concilium
&
assensum
Concilii
nostri
apud
Oxoniam
.
This
in
another
Record
is
said
to
be
by
the
Arch.
Ep.
Abbates
&
Magnates
Regni
nostri
,
Rot.
Par.
8
Jo.
m.
1.
On
Whitsontide
he
held
his
Court
at
Portsmouth
.
But
then
the
Christmass
following
at
Winchester
he
held
a
General
Council
,
and
that
was
on
the
Court
day
.
Celebravit
natale
Domini
apud
Wintoniam
praesentibus
Magnatibus
regni
.
Here
was
a
grant
of
what
no
way
belong'd
to
tenure
,
and
therefore
all
the
Magnates
regni
were
privy
to
it
,
In
the
year
1208.
he
held
his
Court
on
Christmass
at
Windsor
,
He
held
his
Christmass
Court
at
Bristol
.
He
held
a
Great
Council
on
the
Feast
day
at
Windsor
praesentibus
omnibus
Angliae
Magnatibus
.
So
the
year
following
at
York
praesentibus
Comitibus
&
Baronibus
regni
.
1212.
'T
was
but
an
ordinary
Court
held
at
Windsor
,
fuit
ad
natale
apud
Windsor
.
1213.
He
held
his
Court
at
Westminster
with
very
few
tenants
ad
natale
Domini
tenuit
Curiam
suam
apud
Westmonasterium
cum
pauco
admodum
Militum
comitatu
.
In
this
year
we
find
a
Military
summons
to
more
than
tenants
,
and
of
an
extraordinary
nature
.
Misit
literas
ad
omnes
Vicecomites
regni
sui
sub
hâc
formâ
:
Rex
Johannes
&c.
Summone
per
bonos
summonitores
Comites
,
Barones
,
Milites
&
omnes
liberos
homines
&
servientes
vel
quicunque
But
that
this
was
not
a
general
Council
of
the
Nation
appears
by
the
Statute
of
Provisors
which
declares
that
the
Popes
assuming
the
jus
patronatus
was
an
incroachment
,
Comites
,
Barones
,
and
turba
multa
nimis
that
unanimously
agreed
to
those
shameful
terms
which
King
John
yielded
,
had
been
enough
to
constitute
a
full
representative
of
the
Nation
.
If
they
had
been
call'd
to
Council
not
to
fight
,
then
indeed
upon
knowledge
that
matters
of
general
obligation
were
to
be
settled
,
though
but
few
had
come
,
they
would
have
concluded
the
rest
.
The
Army
as
it
was
computed
were
about
60000
,
Of
the
same
nature
with
this
,
was
that
shameful
resignation
of
the
Crown
before
mentioned
near
Dover
,
whereas
the
first
agrreement
was
at
Dover
.
The
same
year
his
Tenants
who
were
to
maintain
themselves
in
his
Court
and
Army
at
their
own
charge
,
complain
that
he
had
kept
them
out
so
long
that
they
had
spent
all
their
money
and
could
follow
him
no
longer
unless
he
supply'd
them
out
of
the
Exchequer
.
This
year
there
was
a
Great
Council
at
St.
Albans
where
were
all
the
Magnates
regni
and
there
was
a
confirmation
of
the
laws
of
Hen.
the
first
,
The
same
year
he
held
his
Court
on
Christmas
at
Windsor
,
Rex
Vicecomiti
Oxon
salutem
,
Upon
this
part
't
is
observable
,
that
there
had
been
a
general
notice
or
Proclamation
of
the
time
when
he
would
have
those
that
ow'd
him
Military
Service
to
attend
with
their
Armes
,
but
the
place
was
not
named
,
for
they
were
to
follow
him
whereever
he
would
have
his
Court
,
and
therefore
herein
was
an
apparent
Grievance
in
some
measure
redress'd
by
his
Charter
Two
years
after
in
ascertaining
the
place
of
Meeting
to
Consult
of
Aids
and
Escuage
;
but
besides
these
Tenants
,
there
were
others
,
Corpora
vero
Baronum
sine
Armis
singulariter
&
quatuor
discretos
Milites
de
comitatu
tuo
venire
facias
ad
nos
ad
eundem
terminum
ad
loquendum
nobiscum
de
Negotiis
regni
Nostri
.
Teste
meipso
apud
.
Witten
11
die
Nov.
Eodem
modo
scribitur
omnibus
Vicecomitibus
.
Thus
much
I
take
to
be
clear
from
it
,
that
here
was
an
union
of
the
Ordinary
Curia
Regis
,
the
Court
of
the
King
's
Military
Tenants
,
who
were
to
attend
with
their
Armes
,
and
of
peaceable
Senators
,
in
a
great
Council
.
If
the
Barones
of
whom
the
Sheriff
was
to
take
special
care
were
only
such
as
were
Barons
by
tenure
,
't
is
not
supposable
,
that
contrary
to
the
Obligation
of
their
tenure
,
they
should
be
ordered
to
come
unarmed
,
whil'st
only
their
Tenants
,
or
at
least
Inferiour
Tenants
to
the
King
had
their
Swords
in
their
hands
;
wherefore
Barones
here
must
be
taken
in
the
most
large
and
comprehensive
sense
.
But
this
is
farther
observable
,
that
where
the
Summons
was
General
to
all
the
Arch-Bishops
,
Bishops
,
Abbots
,
Priors
,
Earles
,
Barons
,
Knights
and
Free-holders
,
yet
there
has
been
a
special
Inquest
summoned
or
taken
out
of
the
Generality
,
as
in
the
Summons
to
attend
the
Justices
in
Eyre
.
Summoneas
per
bonos
Summ.
Omnes
Arch.
Ep.
Abb.
Pri.
Comit.
Baron
.
Milites
,
&
liberè
tenentes
de
Balliva
tua
,
&
de
quolibet
Burgo
Duodecim
Legales
Burgenses
,
&c.
And
even
agreeably
to
this
Record
of
the
18
of
King
John
,
we
find
that
in
the
42
of
Henry
the
third
,
it
was
agreed
,
that
there
should
be
quatuor
Milites
Inquisitores
,
From
this
time
to
the
Great
Assembly
at
Rumny
Mead
,
I
find
neither
a
Great
Council
nor
Curia
mentioned
,
that
to
be
sure
was
of
more
than
the
King's
Tenants
,
as
I
have
already
shewn
;
I
shall
only
observe
farther
,
that
it
consisted
of
that
Army
which
was
got
together
on
both
sides
.
On
the
peoples
side
was
a
very
great
Army
Comitum
,
Even
this
was
a
Curia
Regis
in
a
large
sense
,
but
not
the
ordinary
Curia
;
and
though
't
were
the
Common
Council
of
the
Kingdom
,
as
't
was
the
Assembly
of
the
whole
Community
,
yet
not
the
ordinary
Common
Council
,
for
that
might
be
,
and
I
need
not
scruple
to
say
that
it
was
,
of
the
King's
Tenants
and
Officers
,
which
in
that
sense
,
and
to
the
purposes
for
which
of
course
it
met
,
was
the
Commune
concilium
regni
,
yet
like
the
Kings
ordinary
Privy
Council
,
or
his
Courts
of
Justice
long
since
settled
at
Westminster-Hall
,
they
could
exercise
no
act
of
legislation
.
If
it
be
said
,
that
the
charging
Tenants
with
more
than
was
due
of
custom
were
such
an
Act
,
by
the
same
reason
the
power
of
making
By-laws
would
argue
a
legislative
power
,
and
there
would
be
a
little
Parliament
in
every
Village
.
Without
re-examining
particular
instances
I
conceive
't
is
obvious
,
that
admit
the
ordinary
Curia
Regis
at
any
time
exercised
a
power
peculiar
to
the
Great
Council
,
of
which
I
dare
boldly
say
there
are
very
rare
if
any
instances
,
such
that
it
can
be
affirm'd
with
certainty
this
was
an
ordinary
Curia
,
without
a
more
solemn
convention
,
or
Summons
;
yet
in
irregular
times
many
of
them
would
not
make
one
legal
President
,
especially
against
so
many
declarations
and
confirmations
of
the
antient
laws
,
and
free
customes
,
as
Princes
either
to
obtain
,
or
assure
the
Crown
to
them
swore
solemnly
,
inviolably
to
observe
and
keep
.
If
sometimes
the
marks
of
distinction
between
the
Curia
Regis
,
and
the
Great
Council
are
not
clearly
apparent
,
in
that
the
Curia
only
might
be
summon'd
ad
colloquium
,
and
in
that
sense
might
be
styl'd
Parliamentum
,
Generale
Parliamentum
,
Generale
Parliamentum
might
be
,
as
indeed
it
alwayes
was
,
Curia
Regis
,
though
not
the
Curia
de
more
:
Yet
the
certain
difference
is
upon
particular
instances
,
where
the
full
circumstances
are
set
down
,
alwayes
to
be
known
.
As
the
ordinary
Curia
consisted
of
the
Kings
Tenants
,
and
Officers
;
and
there
appears
no
grievance
worth
publick
notice
to
have
lain
on
the
last
,
nor
on
the
first
,
as
to
their
attendance
at
the
Wars
,
or
as
a
Court
of
Justice
,
the
remedy
was
properly
apply'd
by
King
John's
Charter
,
to
that
wherein
they
were
uneasie
,
which
was
the
assembling
about
the
matters
relating
ad
servitia
to
their
services
,
without
convenient
notice
for
time
,
or
for
the
occasion
;
so
that
they
might
think
it
was
only
for
matters
of
ordinary
justice
,
which
might
go
on
well
enough
without
them
,
when
it
was
really
to
charge
them
in
their
properties
,
by
such
as
should
appear
,
by
design
and
contrivance
,
which
was
a
great
mischief
.
Wherefore
for
this
the
redress
was
,
1.
That
they
should
have
forty
dayes
notice
.
2.
That
the
time
,
place
and
occasion
of
meeting
should
be
ascertained
.
And
then
they
that
were
there
were
justly
concluded
by
the
rest
,
and
had
no
reason
to
complain
of
the
charge
.
Thus
I
conceive
,
I
have
given
a
rational
account
of
this
Charter
,
and
I
question
whether
upon
other
grounds
any
man
can
reconcile
it
with
the
Records
and
Histories
both
before
and
since
the
Charter
till
the
49
of
Hen.
3.
when
't
is
supposed
that
more
than
Tenants
in
Chief
,
which
compos'd
the
Common
Council
here
mentioned
,
were
let
into
the
Great
,
or
Common
Council
of
the
Kingdom
.
If
they
cannot
,
I
conceive
they
must
take
my
sense
.
For
,
this
Charter
was
either
declarative
of
the
law
as
't
was
before
,
or
introductive
of
a
new
law
.
If
the
first
,
then
it
must
be
interpreted
by
the
Records
and
Histories
both
before
,
and
since
,
till
a
time
of
change
can
be
assign'd
with
some
colour
.
If
introductive
of
a
new
law
,
then
we
must
see
what
interpretation
practice
has
put
upon
it
;
not
that
the
sense
of
a
law
is
alwayes
to
be
interpreted
by
practice
,
because
then
we
should
think
,
especially
upon
the
several
Statutes
against
Provisors
,
which
were
rarely
executed
according
to
the
letter
,
that
we
could
not
judge
of
the
sense
of
former
laws
by
the
plain
words
.
But
if
the
words
will
any
way
admit
of
a
double
sense
,
that
sense
is
alwayes
to
be
taken
which
agrees
with
constant
practice
,
especially
if
the
sense
inclines
most
towards
the
practice
.
I
have
at
large
shewn
the
evident
proofs
,
that
to
the
Great
Council
of
the
Nation
there
us'd
to
come
more
than
the
King's
Tenants
in
Chief
,
and
consequently
this
very
Charter
confirming
free
customes
of
every
particular
the
place
,
or
of
the
inhabitants
of
those
places
.
According
to
this
Charter
the
Common
Council
of
the
Nation
by
law
consisted
of
more
than
the
King's
Tenants
in
Chief
,
and
that
the
Law
was
thus
there
is
a
very
strong
proof
,
which
turns
upon
them
who
suppose
that
King
John's
Charter
gives
us
the
full
form
of
the
Great
Council
,
and
that
none
but
the
King's
Tenants
in
Capite
,
made
the
Common
Council
or
Parliament
of
the
Kingdom
till
49
H.
3.
In
the
thirty
ninth
year
of
H.
3.
several
years
after
he
had
granted
and
confirmed
that
famous
Charter
,
Stephen
,
Hen.
the
second
,
and
King
John
,
all
lost
their
names
,
and
were
swallowed
up
in
that
,
omnes
fere
Angliae
Magnates
refused
to
give
a
Royal
Aid
,
demanded
of
them
,
the
ground
of
their
refusal
is
very
remarkable
.
Quod
omnes
tunc
temporis
non
fuerunt
juxta
tenorem
magnae
Cartae
suae
vocati
.
This
some
would
render
and
call
King
John's
Charter
,
and
that
the
complaint
was
,
that
the
Peers
had
not
their
particular
Summons
according
to
the
tenour
of
that
Charter
.
Were
it
so
,
't
would
prove
nothing
for
them
that
urge
it
;
because
it
does
not
appear
,
but
that
the
aid
demanded
might
have
been
Escuage
or
Taillage
,
or
both
,
which
lay
upon
the
King's
Tenants
only
,
such
a
Common
Council
as
that
Charter
I
conceive
establishes
.
But
it
is
Cartae
suae
,
not
Cartae
Regis
Johannis
patris
Regis
nunc
:
't
is
the
then
King
Henry
the
third's
Charter
,
no
man
will
say
that
't
was
the
Barons
Charter
,
and
besides
it
was
the
Great
Charter
,
and
no
other
Charter
then
maintained
that
Epithete
.
But
what
puts
this
out
of
dispute
is
,
that
though
H.
3.'s
Charter
was
comprehensive
of
all
the
fundamentals
of
the
Government
,
and
was
so
many
times
confirmed
,
and
explained
where
it
was
thought
needful
;
yet
there
is
not
one
clause
referring
to
the
Great
Council
of
the
Nation
,
but
what
leaves
to
every
particular
place
,
and
the
Inhabitants
thereof
all
ancient
Customes
and
Liberties
;
so
that
unless
it
be
proved
that
such
a
Commune
concilium
Regni
as
is
in
King
John's
Charter
,
us'd
to
compose
the
Great
Council
exclusive
of
all
others
,
(
excepting
what
is
implyed
in
the
general
Salvo
at
the
end
)
they
must
needs
have
referred
themselves
to
the
ninth
Chapter
of
Henry
the
Third's
Charter
(
which
indeed
is
but
a
revival
of
the
law
affirmed
in
King
John's
.
)
Whereby
the
City
of
London
,
or
Parishes
,
the
Barons
of
the
Cinque
Ports
,
and
all
other
Ports
were
to
enjoy
all
their
liberties
and
free
customes
.
That
by
Villae
is
meant
Parishes
,
or
Townships
.
I
think
may
appear
from
Doomsday
book
,
where
Villa
is
taken
for
the
next
Division
under
an
Hundred
.
Hic
subscribitur
inquisitio
terrarum
quo
modo
Barones
Regis
inquirunt
(
viz.
)
per
sacramentum
Vicecomitis
scirae
&
omnium
Baronum
&
eorum
Francigenarum
&
totius
Centuriae
presbyteri
Praepositi
vj.
Villani
uniuscujusque
Villae
.
Here
are
the
Sheriff
,
the
Great
Barons
,
and
Clergy-men
and
Headboroughs
within
every
Hundred
,
and
six
Inhabitants
of
every
Villa
,
Parish
or
Township
,
then
follows
an
account
of
the
several
Lands
and
Tenures
by
Hundreds
and
Villae
within
those
Hundreds
.
Now
according
to
the
ninth
chapter
of
Magna
Charta
custome
is
to
be
the
Legal
Interpreter
what
was
the
Great
or
Common
Council
of
the
Nation
,
and
as
the
whole
Nation
is
made
up
of
Cities
,
Burroughs
,
and
Parishes
or
Townships
,
they
being
the
integral
parts
of
every
County
,
all
the
Counties
of
England
were
to
be
summon'd
according
to
their
free
customes
.
And
methinks
the
right
of
the
Counties
for
their
coming
to
the
Great
Council
and
its
being
preserved
under
the
free
customes
of
the
Villae
,
appears
from
the
Plea
of
the
men
of
Coventry
the
Inhabitants
of
that
Villa
in
34
Ed.
1.
They
plead
and
their
plea
is
allowed
,
That
in
the
times
of
that
King
and
of
his
Progenitors
,
which
to
be
sure
reaches
to
the
custome
before
Magna
Charta
,
they
us'd
not
to
be
taxt
as
Citizens
,
Burgesses
,
or
Tenants
of
the
Kings
demesn
,
but
only
along
with
the
Community
of
the
County
of
Warwick
,
that
is
,
with
the
whole
County
and
not
with
the
Cities
,
Burroughs
,
and
antient
demesn
of
the
Crown
.
So
that
when
the
Commune
Concilium
,
in
K.
John's
Charter
,
or
the
Kings
Tenants
in
chief
,
laid
any
charge
or
gave
an
Auxilium
or
aid
,
this
could
not
affect
them
;
but
when
they
came
,
and
agreed
to
any
charge
with
the
Body
of
the
County
,
H.
3.
E.
1.
and
E.
2.
evidently
prove
all
this
:
but
let
us
touch
the
Record
,
Ex
parte
eorundem
hominum
Regi
est
ostensum
quod
cum
villa
praedicta
,
Civitas
,
Burgus
,
seu
Dominicum
Regis
non
existat
,
ut
homines
villae
predictae
tanquam
Cives
Burgenses
seu
tenentes
de
Dominico
Regis
in
aliquibus
auxiliis
,
Tallagiis
seu
contributionibus
Regi
seu
Progenitoribus
suis
concessis
non
consueverunt
talliari
,
sed
tantum
cum
Communitate
Com.
Warwic
.
&c.
No
man
will
imagine
surely
the
meaning
of
this
Plea
to
be
that
the
Vill
or
Town
of
Coventry
was
not
lyable
when
the
Kings
immediate
Tenants
taxt
themselves
only
,
but
they
were
when
such
Tenants
taxt
the
whole
County
;
for
that
would
have
been
an
admittance
of
a
grievance
beyond
that
against
which
they
petitioned
,
for
by
that
the
Kings
Tenants
might
have
excused
themselves
,
and
have
laid
the
burthen
upon
them
who
were
not
Tenants
in
Chief
,
so
that
it
would
have
been
their
greatest
advantage
to
claim
the
priviledge
of
being
Tenants
to
the
Crown
,
and
in
that
capacity
to
have
had
a
right
and
priviledge
to
be
parties
,
and
consenting
to
all
charges
and
grants
laid
upon
them
,
and
given
to
the
Crown
:
and
for
that
they
might
have
prayed
in
Aid
and
pleaded
King
John's
Charter
,
nor
should
we
have
met
with
so
many
Records
in
those
times
,
whereby
so
many
pleaded
off
the
Tenures
in
Capite
as
chargeable
and
burthensome
;
nay
even
the
tenure
of
Barony
it self
;
but
on
the
contrary
every
one
would
have
given
the
King
great
summs
of
money
to
have
changed
their
tenures
to
have
held
in
Capite
ut
de
Coronâ
(
when
indeed
it
clearly
appears
they
did
the
contrary
)
because
they
not
only
could
save
their
individual
Estate
,
if
they
had
the
sole
power
of
making
Laws
,
and
giving
Taxes
,
but
would
have
encreased
and
better'd
them
by
their
Services
and
Tenures
,
which
capacitated
them
to
lay
charge
upon
all
the
Barons
,
Knights
and
Freeholders
of
England
who
held
not
in
Chief
and
who
were
by
far
the
major
part
,
many
of
which
held
of
the
great
Lords
by
such
and
such
duties
or
payments
pro
omni
servitio
,
and
beyond
that
were
not
lyable
without
their
own
consents
to
be
charged
;
and
all
this
is
demonstrative
if
any
will
read
over
and
consider
the
infinite
number
of
pleadings
in
the
Ages
we
speak
of
,
viz.
(
for
some
few
instances
)
that
A.
B.
holds
of
C.
D.
of
his
Mannor
of
E.
by
paying
10
s.
rent
or
one
bow
and
arrow
,
or
one
horse
,
or
the
like
,
pro
omni
servitio
,
or
holds
of
the
Honour
or
Castle
of
D.
to
find
one
or
more
men
bene
paratos
cum
Armis
to
defend
such
a
Postern-gate
or
such
a
Chamber
there
when
summon'd
by
the
great
Lord
pro
omni
servitio
;
but
to
charge
them
without
their
assent
further
,
was
to
overthrow
the
very
Salvo
in
the
end
of
Henry
the
Thirds
,
and
in
King
Johns
Charter
,
which
runs
thus
.
Salvae
sint
Archiepiscopis
,
Episcopis
,
Abbatibus
,
Prioribus
,
Templariis
,
Hospitalariis
,
Comitibus
,
Baronibus
,
Militibus
&
omnibus
aliis
tam
Ecclesiasticis
personis
quam
secularibus
omnes
libertates
&
consuetudines
quas
prius
habuerunt
.
If
King
John's
Charter
,
in
the
particular
of
which
our
dispute
is
,
introduced
a
new
law
,
then
we
must
examine
only
what
Custome
or
practice
followed
upon
it
,
or
who
made
the
Common
or
Great
Councils
of
the
Nation
from
that
time
to
the
49th
of
Henry
the
3.
that
is
,
were
of
right
to
come
,
or
to
have
notice
of
the
Councils
sitting
juxta
tenorem
magnae
Cartae
suae
,
as
is
insisted
upon
in
.
the
39th
of
Henry
the
3.
as
above
mentioned
.
That
they
were
more
than
Tenants
in
Capite
,
which
made
the
Commune
Concilium
in
King
Johns
Charter
,
the
Record
of
the
38th
of
this
King
Henry
,
where
two
for
every
County
,
besides
Tenants
in
Chief
;
were
summon'd
,
were
enough
to
evince
.
We
there
find
Writs
to
all
the
Sheriffs
of
England
,
to
summon
the
lesser
Tenants
in
Chief
,
the
omnes
alios
qui
in
Capite
tenent
de
nobis
,
as
in
K.
Johns
Charter
,
and
two
more
to
be
chosen
by
every
County
respectively
,
Mandamus
(
says
the
Record
)
quod
omnes
illos
de
Ballivâ
tuâ
,
Great
Council
.
But
besides
the
services
of
Tenants
in
Chief
,
who
were
to
be
out
upon
their
charges
no
longer
than
forty
days
;
the
King
wanted
a
supply
of
moneys
to
maintain
them
beyond
that
time
,
and
therefore
for
this
he
directs
a
representative
of
the
several
Counties
.
Tibi
districtè
praecipimus
quod
praeter
omnes
praedictos
venire
faciatis
coram
concilio
nostro
apud
West
.
in
Quind
.
Paschae
prox
.
fut
.
quatuor
legales
&
discretos
milites
de
Comitatibus
praedictis
quos
iidem
Com.
ad
hoc
elegerint
vice
omnium
&
singulorum
eorundem
,
These
were
to
come
vice
omnium
&
singulorum
,
instead
or
in
the
place
of
all
the
Free-holders
of
the
County
,
which
asserts
their
personal
right
:
but
further
,
Et
tu
ipse
militibus
&
aliis
de
Com.
praed
.
necessitatem
nostram
&
tam
urgens
negotiam
nostrum
diligenter
exponas
&
ad
competens
auxilium
nobis
ad
praesens
impendend
.
efficaciter
inducas
,
Ita
quod
praefati
quatuor
milites
praefato
concilio
nostro
ad
praed
.
term
.
Pashae
respondere
possint
super
praed
.
auxil
.
pro
singulis
Comitat.
These
were
properly
to
come
in
the
stead
of
all
,
for
they
were
only
Deputies
to
carry
the
sense
of
their
Principals
,
the
matter
was
to
be
propounded
in
the
County
Courts
before
the
Knights
there
chose
,
&
aliis
,
and
the
rest
of
the
Free-holders
;
this
whole
assembly
was
to
be
moved
to
grant
a
large
contribution
,
and
the
Knights
were
to
make
the
tender
of
their
present
,
before
the
King
and
his
Council
;
if
the
County
had
wholly
refused
,
the
Knights
had
no
power
then
to
grant
for
them
,
so
says
the
Record
,
for
it
was
to
be
propounded
to
all
,
Ita
quod
,
the
Knights
might
answer
for
an
aid
from
the
County
.
And
it
seems
whether
the
Counties
chose
Deputies
or
not
,
or
gave
them
not
full
instructions
,
the
King
was
not
able
to
work
upon
them
that
met
at
the
place
and
time
then
appointed
,
but
they
broke
up
in
great
discontent
.
Et
sic
cum
summa
indignatione
tristes
admodum
Proceres
recesserunt
.
But
if
the
Tenants
in
Chief
made
the
Common
Council
of
the
Kingdom
till
49
H.
3.
and
had
a
power
to
tax
the
rest
of
the
Nation
de
Alto
&
Basso
ad
meram
voluntatem
suam
:
why
this
summons
for
a
representative
of
the
Counties
?
The
very
next
year
,
being
the
39th
above-mention'd
,
the
King
sollicites
them
for
Aid
.
They
tell
the
King
he
undertook
that
War
against
France
,
That
all
were
not
call'd
according
to
the
Tenour
Magnae
Cartae
suae
,
that
is
,
of
this
Kings
Great
Charter
.
Now
whether
this
were
because
many
who
were
exempted
from
Common
Summons
(
for
many
such
there
were
by
particular
Charters
)
had
not
Special
summons
,
Singulatim
from
the
King
himself
,
or
that
he
put
a
representative
upon
them
,
whereas
they
might
plead
that
't
was
their
free
Custome
to
come
themselves
in
person
,
or
send
as
many
as
they
pleased
in
their
names
,
I
need
not
determine
;
it
being
enough
that
here
were
more
than
Tenants
in
Capite
.
But
a
mighty
Argument
has
been
raised
against
Inferiour
Proprietors
or
the
Barones
,
Milites
&
liberè
tenentes
,
which
held
not
of
the
King
,
being
part
of
the
great
or
Common
Council
of
the
Nation
,
upon
such
records
as
mention
their
being
summon'd
coram
Concilio
.
And
in
effect
the
force
resolves
into
this
,
they
are
no
part
of
the
Kings
standing
Council
,
the
Assistants
to
him
and
his
Lords
,
or
of
his
Common
Council
of
Tenants
and
Officers
in
the
Curia
,
therefore
no
part
of
the
great
or
Common
Council
of
the
Kingdome
.
To
clear
this
,
I
need
offer
but
one
Instance
of
many
.
At
Christmass
in
the
6th
of
Hen.
the
3.
he
held
his
Curia
at
Oxford
,
Curia
de
More
.
Tenuit
curiam
suam
praesentibus
Comitibus
&
Baronibus
Regni
,
words
of
an
extensive
sense
,
We
have
a
Record
of
a
subsidy
granted
that
year
,
probably
in
that
very
Curia
,
Coram
Nobis
&
concilio
nostro
praesentibus
Arch.
Cant.
Ep.
Com.
&
Magnatibus
nostris
de
Communi
Omnium
Voluntate
.
Now
many
of
these
were
members
both
of
the
standing
Council
and
Curia
too
,
and
yet
were
Coram
Nobis
&
Concilio
nostro
:
but
the
meaning
of
it
is
,
that
this
was
granted
either
before
the
King
and
his
standing
Council
,
or
the
King
in
his
Curia
by
all
these
,
That
is
,
here
was
a
conjunction
of
all
Councils
in
one
,
adunatis
Conciliis
.
But
because
here
are
only
Com.
Bar.
&
Magnates
mentioned
as
if
here
were
not
any
but
great
Lords
:
't
is
to
be
observed
,
and
cannot
be
denied
by
any
Antiquary
,
that
free-holders
,
and
they
that
came
from
the
Counties
as
the
representatives
of
such
,
had
the
appellation
of
Magnates
,
In
the
37
of
this
King
in
Parliamento
London
.
so
Mat.
Westm
.
p.
352.
consented
to
the
Excommunication
of
all
the
Violators
of
the
great
Charter
.
Rex
&
Praedicti
Magnates
,
that
is
,
as
is
explain'd
by
Fleta
who
was
Judge
in
the
16th
of
Edward
the
First
,
Archiepiscopi
,
Episcopi
,
the
Record
goes
on
,
&
Communitas
populi
protestantur
publicè
in
praesentiâ
Arch.
Cant.
nec
non
&
Episcoporum
omnium
in
eodem
colloquio
existentium
.
In
cujus
rei
test
.
&
in
posterum
Veritatis
testimonium
tam
Dominus
Rex
quam
praed
.
Comites
ad
Instantiam
Magnatum
&
populi
praesentium
Scripto
Sigilla
sua
apposuerunt
.
Here
the
Communitas
populi
were
the
Communitas
Civitatum
&
Burgorum
;
for
the
rest
were
Magnates
,
the
King
and
some
Earls
subscribed
at
the
desire
of
the
rest
.
Perhaps
by
this
time
they
that
suppose
the
Commune
Consilium
regni
within
King
John's
Charter
to
have
been
a
Full
Parliament
,
or
Great
Council
,
till
the
49th
of
Henry
the
Third
,
will
compound
for
their
Notion
,
and
will
yield
,
That
more
than
such
often
came
to
Council
,
but
that
't
was
of
courtesie
,
and
that
the
King
's
immediate
Tenants
alone
could
charge
the
rest
,
and
often
did
.
For
which
they
have
two
false
grounds
;
though
perhaps
but
one
within
the
time
we
are
now
upon
,
yet
both
are
worth
notice
.
1.
They
take
it
for
granted
,
that
the
Lords
us'd
to
answer
for
their
Tenants
in
Benevolences
out
of
Parliament
;
and
upon
this
weak
,
and
at
least
uncertain
foundation
,
they
build
the
Supposition
,
That
they
at
other
times
represented
them
in
all
Great
and
Publick
Councils
.
2.
(
Which
falls
within
the
time
)
That
it
should
seem
by
Record
,
that
the
immediate
Tenants
have
charg'd
others
without
their
Consent
.
1.
To
prove
that
the
Lords
answered
for
their
Tenants
,
they
run
back
as
far
as
William
the
Second's
Reign
;
when
his
Brother
Robert
sent
to
him
to
borrow
Ten
thousand
Marks
of
Silver
,
proffering
Normandy
for
Security
for
Repayment
.
The
Bishops
,
Abbots
,
and
Abbesses
,
brake
in
pieces
the
Silver
and
Gold
Ornaments
of
their
Churches
,
the
Earls
,
Barons
,
and
Sheriffs
,
suos
Milites
spoliaverunt
,
that
is
,
robbed
those
which
were
under
them
;
and
't
is
a
fine
President
for
the
Right
of
the
thing
,
which
carries
Sacrilege
and
Robbery
in
the
face
of
it
.
Here
the
Sheriffs
robb'd
or
took
away
from
the
Freeholders
that
were
within
their
Ball'ia
or
Balliva
,
and
the
Lords
took
from
the
Tenants
within
theirs
;
wherefore
if
the
Lords
could
charge
their
Tenants
,
the
Sheriffs
could
the
Freeholders
:
but
I
would
fain
see
one
President
,
that
the
Kings
Tenants
ever
answer'd
for
them
that
were
within
their
Ball'ia
,
further
than
the
Sheriffs
did
for
those
within
theirs
,
which
at
the
most
was
as
Collectors
under
the
King
,
of
what
was
duly
charg'd
upon
their
Tenants
;
but
generally
I
take
it
,
they
did
no
more
than
certifie
how
many
held
of
the
King
within
their
Precinct
,
as
the
Jurisdiction
of
great
Men
extended
its
self
within
such
a
compass
,
they
were
best
able
to
give
the
King
an
account
of
those
that
were
liable
to
any
payment
within
that
Ball'ia
.
And
thus
in
Henry
the
Second's
time
,
Kings
Daughter
,
to
which
all
that
held
in
Capite
were
lyable
;
and
here
the
great
Lords
were
to
certifie
for
the
Resiants
within
the
compass
of
their
Leet
or
Ball'ia
,
though
they
held
not
of
them
,
but
of
the
King
:
upon
such
Certificate
,
according
to
the
number
they
return'd
,
so
many
were
enter'd
in
the
Exchequer
Rolls
,
under
the
name
of
such
a
Lord
;
and
thus
we
find
it
expresly
in
the
Case
of
the
Prior
of
Coventry
.
Compertum
est
in
Rotulo
29
Regis
H.
tertii
sub
titulo
de
auxilio
ad
primogenitam
filiam
Regis
maritandam
,
Here
so
many
Knights
Fees
are
enter'd
under
the
Prior's
name
,
but
the
Sheriff
collected
for
them
.
Upon
this
the
Prior
pleads
,
Hoc
ei
non
prejudicat
in
hac
parte
,
dicit
enim
quod
auxilia
illa
non
fuerunt
nec
censeri
possunt
esse
servitia
,
imò
quaedam
subsidia
per
Magnates
et
communitatem
régni
spontaneâ
et
merâ
voluntate
Regi
concessa
,
et
tam
de
tenentibus
aliorum
quam
de
tenentibus
de
Domino
Rege
levanda
.
'T
is
observable
,
the
ground
of
demanding
for
so
many
Knights
fees
was
the
entry
on
the
Roll
in
the
29th
.
of
Henry
the
3d.
and
he
pleads
,
That
at
that
time
the
Coumunitas
Regni
were
Parties
to
the
Grant
;
and
that
it
was
charg'd
by
,
and
lay
upon
more
than
Tenants
of
the
King
in
Chief
,
but
that
he
was
chargeable
upon
the
account
of
Aid
or
Service
with
but
two
Knights
fees
,
which
he
says
may
appear
by
the
Certificate
of
the
then
Prior
,
De
feodis
quae
ipse
tunc
Prior
tenuit
de
veteri
feoffamento
,
that
is
,
the
number
of
Knights
with
which
he
was
to
serve
,
according
to
the
first
infeodation
from
the
Crown
,
&
de
novo
,
which
is
the
number
of
Knights
fees
rais'd
under
him
by
sub-infeodations
,
the
first
were
all
that
he
could
be
answerable
for
,
but
the
second
could
not
be
charg'd
without
their
own
consent
,
the
charges
upon
such
were
,
Quaedam
subsidia
per
magnates
&
communitatem
Regni
spontaneâ
&
merâ
voluntate
Regi
concessa
.
And
thus
we
find
the
Records
,
(
1.
)
That
the
Kings
Tenants
were
answerable
no
farther
than
according
to
the
vetus
feoffamentum
.
So
in
the
26th
.
of
Henry
the
3d.
The
Sheriff
is
requir'd
to
shew
cause
why
he
distrain'd
a
man
for
two
Knights
fees
,
who
pleads
that
he
held
but
one
,
de
veteri
feoffamento
.
Monstravit
,
&c.
Quod
cum
non
teneat
de
veteri
feoffamento
nisi
feod
.
unius
Militis
in
comitate
tuo
tu
exig
.
&c.
Quantum
pertinet
ad
feod
.
duorum
Militum
&
eâ
occatione
averia
sua
cepisti
,
&c.
(
2.
)
That
Lords
of
Mannors
could
not
charge
their
Tenants
without
their
consent
.
Rex
omnibus
&
liberè
tenentibus
de
Episcopatu
Lond.
Unde
vos
affectuosè
rogamus
quatenus
amoris
nostri
intuitu
efficax
ei
faciatis
auxilium
ad
debita
sua
quibus
pro
favore
nostro
honoratus
est
.
Ita
quod
exaudita
in
hac
parte
prece
nostrâ
precibus
vestris
pro
loco
&
tempore
nobis
porrigendis
aures
benignas
exhibere
debeamus
.
(
3.
)
When
there
was
a
Grant
of
more
than
from
the
Kings
immediate
Tenants
,
whose
Grants
were
in
the
nature
of
Services
,
(
2.
)
But
there
is
a
knocking
Record
which
I
wonder
I
find
no
where
insisted
upon
,
to
prove
the
Kings
Tenants
to
charge
others
.
Sciatis
quod
Arch.
Episc
.
efficax
auxilium
,
&c.
Undeprovisum
est
quod
habeamus
de
singulis
feodis
militum
&
wardis
quae
de
nobis
tenent
in
Capite
duas
marcas
ad
praed
.
auxilium
.
Here
was
a
Grant
only
from
Tenants
in
Capite
,
and
yet
it
may
be
urged
,
that
other
Records
explaining
this
,
shew
,
That
the
Grant
reacht
to
the
novum
feoffamentum
,
as
well
as
the
vetus
.
But
it
will
be
said
,
That
I
make
an
Argument
for
them
,
which
they
are
wiser
than
to
offer
,
since
the
Records
of
this
very
cleerly
overthrow
it
;
yet
if
there
be
no
better
,
I
may
offer
this
,
that
they
may
cultivate
and
improve
it
.
The
matter
of
Fact
,
I
take
it
,
was
,
That
the
Tenants
in
Capite
Granted
by
themselves
a
charge
upon
the
vetus
feoffamentum
,
and
the
Record
which
mentions
their
Grant
goes
no
farther
,
but
another
Record
of
a
Grant
from
Ecclesiastick
Tenants
in
Chief
is
more
express
,
and
explains
the
other
.
Cum
peteremus
à
Praelatis
Angliae
quod
nobis
auxilium
facerent
,
This
is
express
,
That
the
Tenants
in
Capite
,
Granted
only
for
so
many
Knights
fees
as
were
of
the
vetus
feoffamentum
,
that
is
,
so
many
as
they
were
to
answer
for
,
when
they
were
to
perform
their
Military
Services
to
the
Crown
.
But
whereas
in
the
19th
.
the
Tenants
in
Capite
were
said
to
have
made
such
a
Grant
,
and
at
the
same
time
there
was
a
Grant
which
reacht
to
the
Tenants
de
novo
feoffamento
,
the
Record
mentioning
that
,
shews
us
that
more
than
Tenants
were
Parties
to
the
Grant.
Rex
Vic.
Somer
.
Angliae
spontaneâ
voluntate
suâ
&
sine
consuetudine
concess
.
nobis
efficax
auxilium
ad
magna
negotia
nostra
expediend
▪
unde
provisum
est
,
de
consilio
illorum
quod
habeamus
de
singulis
feodis
quae
de
nobis
tenent
in
Capite
&
de
wardis
tam
de
novo
feoffamento
quam
de
veteri
duas
marcas
.
Whether
the
Tenants
in
Capite
Granted
at
this
Council
by
themselves
,
or
all
agreed
in
one
Body
,
is
not
material
,
but
here
is
a
grant
from
all
,
jointly
or
severally
;
I
will
shew
one
Instance
,
which
is
barely
of
such
a
Commune
concilium
Regni
,
as
King
John's
Charter
exhibits
.
Rex
Bar.
Here
was
a
Common
Council
of
Tenants
,
such
is
according
to
their
obligation
of
their
Tenure
,
had
attended
the
King
in
his
Wars
,
and
they
laid
Escuage
upon
them
which
did
not
perform
their
Services
due
,
which
still
were
only
Tenants
in
Chief
,
and
the
Tenants
of
the
King's
Wards
which
were
liable
to
the
same
Service
,
and
they
which
made
default
,
were
to
pay
Escuage
to
the
King
,
which
he
says
was
to
his
Tenants
too
,
in
as
much
as
he
out
of
that
satisfi'd
their
charges
beyond
the
duty
of
their
Tenure
.
I
think
I
have
clear'd
my
way
to
the
treasury
of
Records
in
this
Kings
Reign
,
which
acquaints
us
with
the
Members
of
the
Great
Council
of
the
Nation
.
As
before
is
observ'd
,
for
the
obtaining
Magna
Charta
,
and
Charta
de
Forestâ
,
the
Arch.
Episc
.
Abbates
,
Priores
,
Comites
,
Barones
,
Milites
&
liberè
tenentes
&
omnes
de
Regno
Granted
a
Subsidie
.
There
is
a
Grant
of
Carvage
,
consensu
Communi
totius
Regni
,
not
being
a
Service
,
or
such
as
Tenants
only
us'd
to
charge
or
pay
the
Reward
,
has
it
,
Omnes
Magnates
&
fideles
totius
Regni
nostri
,
Granted
de
qualibet
carucatâ
duos
solidos
.
The
King
in
his
Letter
to
the
Pope
,
Northampton
,
Arch.
Episc
.
Abb'es
ac
omnes
Magnates
totius
Regni
,
to
give
him
concilium
&
auxilium
.
The
King
undertook
a
Foreign
Voiage
,
A
Fourth
part
of
their
Moveables
is
Granted
by
the
Archiepiscopi
,
So
that
't
is
plain
here
,
De
communi
concilio
domini
Cant.
Comites
&
Barones
&
omnes
alii
de
toto
Regno
nostro
concess
.
It
is
provided
,
coram
venerab
.
Patre
Cant.
Arch.
&
coram
Majori
parte
Episc
.
Comitum
&
Baronum
totius
Regni
nostri
Angliae
,
that
no
Assize
of
Darrein
Presentment
shall
be
taken
of
any
Prebendary
belonging
to
a
Cathedral
Church
.
At
a
Parliament
,
They
grant
a
Subsidy
Archiepis
.
Abbates
▪
Priores
,
&
Cler
’
terras
habentes
quae
ad
Ecclesias
suas
non
pertinent
.
Comites
,
Barones
,
Milites
,
&
liberi
homines
pro
se
&
suis
villanis
30.
m.
partem
omnium
mobilium
suarum
.
Nus
volens
&
otroiens
ke
ce
ke
nostre
—
la
greignure
partie
de
eus
ki
est
esluz
paromis
&
par
le
Commune
da
nostre
Roiaume
a
fet
u
fera
al
honir
de
dieu
&
nostre
foi
&
pur
le
profit
de
nostre
Roiame
sicum
il
ordenera
seit
ferm
&
estable
en
tuites
chesel
a
tuz
jurz
commandous
a
tuz
noz
faus
&
leaus
en
la
fei
kil
mis
devient
kil
fermement
teignent
&
jurgent
a
tenir
&
meintenir
les
establissements
que
sunt
fet
u
sunt
a
fere
par
lariont
dit
Conseil
.
This
agrees
with
what
was
done
afterwards
,
in
the
42d
.
of
this
King
,
and
it
seems
by
this
,
that
even
in
the
24th
.
par
le
Commune
de
nostre
Roiaume
,
by
the
whole
Realm
or
Great
Council
,
the
King
had
a
special
Council
Assigned
,
which
was
to
have
an
extraordinary
Power
.
Magnates
nostri
ad
sedem
Apostolicam
appellarunt
&
quosdam
pro
universitate
totius
Baronagii
Angliae
ad
concilium
in
brevi
celebrand
’
ad
appellacionem
pred
’
prosequendam
duxerunt
destinandos
.
The
Barnagium
here
according
to
Mat.
Paris
,
The
Pope
had
order'd
,
De
Apostolicâ
se●e
,
Magnates
terrae
nostrae
noluerunt
in
ultimo
Parliamento
nostro
quod
fuit
London
ut
de
Ecclesiis
ad
donationem
laicorum
spectantibus
&c.
In
Parliamento
nostro
Oxon.
Pur
le
profit
de
nostre
reaum
et
a
la
request
de
mes
hauz
homes
e
prodes
homes
e
du
Comun
de
nostre
Reaume
.
The
King
and
People
having
in
the
42
d.
agreed
upon
a
standing
Council
,
and
that
what
they
did
in
the
way
of
Settlement
,
should
be
effectual
,
and
acquiesced
in
on
all
sides
.
Cum
&c.
promiserimus
praedictis
proceribus
et
Magnatibus
nostris
quod
reformac'onem
et
ordinac'onem
per
praedictos
vigitni
quatuor
vel
majorem
partem
eorum
faciend
’
ratam
habebimus
et
firmam
.
&c.
Hereupon
in
the
45th
they
order
a
representation
of
3.
for
every
County
,
pro
ea
vice
,
but
do
not
yet
settle
it
for
a
standing
Rule
.
Cum
ex
parte
Episcopi
Wign
’
Com.
Here
the
Lords
of
the
Council
exceeded
their
Power
,
and
,
as
if
the
King
were
a
Cypher
in
the
Government
,
would
have
the
Knights
from
the
several
Shires
come
before
them
;
the
King
,
not
without
reason
,
jealous
of
his
Honour
,
commands
,
That
they
which
had
been
summoned
to
St.
Albans
,
should
come
to
him
at
Windsor
.
Nobiscum
super
premissis
colloquium
habituros
.
Venerab
.
This
the
King
promises
should
not
be
drawn
into
consequence
;
upon
an
extraordinary
occasion
they
that
were
not
accustomed
to
perform
Military
Service
,
did
it
then
;
and
they
that
did
owe
Services
,
did
more
than
they
were
oblig'd
to
by
their
Tenure
;
all
,
as
well
those
that
held
not
of
the
King
in
Chief
,
as
those
which
did
,
joyn'd
together
and
made
a
general
charge
upon
the
Kingdom
of
Subsidium
et
auxilium
.
In
the
48th
of
this
King
,
there
was
a
right
Understanding
between
him
and
his
People
,
the
Record
sayes
,
Haec
est
forma
pacis
a
Domino
Rege
et
Domino
Edwardo
filio
suo
Praelatis
et
Proceribus
omnibus
et
Communitate
regni
Angliae
communiter
et
concorditer
approbata
,
&c.
Amongst
other
things
,
't
was
agreed
,
Ad
reformac'onem
status
regni
Angliae
,
That
they
should
chuse
3
men
who
should
have
power
from
the
King
to
name
Nine
that
should
be
the
Kings
standing
Council
;
and
if
any
of
the
three
displeas'd
the
Community
,
si
videatur
Communitati
Prelatorum
et
Baronum
,
one
or
more
was
to
be
plac'd
in
their
room
,
per
consilium
Communitatis
Praelatorumet
Baronum
.
And
the
Record
concludes
,
Haec
autem
Ordinatio
facta
fuit
apud
London
de
consensu
voluntate
et
praecepto
Domini
Regis
necnon
Praelatorum
,
Baronum
ac
etiam
Communitatis
tunc
ibi
praesentium
.
The
Council
so
chose
as
aforesaid
,
And
at
that
time
,
Rex
Statuit
et
ordinavit
,
as
Mr.
Camden
tells
us
,
whose
authority
I
shall
enforce
,
That
none
of
the
multitude
of
Barons
should
come
to
Parliament
,
but
they
to
whom
the
King
vouchsaf'd
to
send
his
Special
Summons
,
or
were
chose
by
the
People
,
in
pursuance
of
the
alia
illa
Brevia
.
What
I
have
already
drawn
from
the
bowels
of
Antiquity
,
makes
me
think
that
Mr.
Selden
was
arriv'd
to
this
maturity
of
Judgment
,
when
he
put
out
the
first
Edition
of
his
Titles
of
Honour
;
wherein
he
received
without
doubting
the
Testimony
of
the
learned
Clarenceulx
Mr.
Camden
,
Item
,
small
Baronnes
,
and
free
Tennentes
,
neid
not
to
come
to
Parliaments
nor
General
Councels
,
swa
that
of
ilk
Shirefdome
their
be
send
,
chosen
at
the
head
Court
of
the
Shirefdome
,
twa
or
maa
wise
men
after
the
largeness
of
the
Shirefdome
.
All
Bishops
,
Abbots
,
Priors
,
Dukes
,
Earls
,
Lords
of
Parliament
,
and
Banrets
,
the
quhilks
the
King
will
be
received
and
summon'd
to
Council
and
Parliament
,
be
his
Special
Precept
.
This
I
conceive
is
an
illustration
of
Mr.
Camden's
Authority
.
Ad
summum
honorem
pertinet
,
Baro.
Ex
quo
Rex
Henricus
ex
tantâ
multitudine
quae
seditiosa
et
turbulenta
fuit
optimos
quosque
rescripto
ad
Comitia
Parlamentaria
evocaverit
:
ille
enim
,
(
ex
satis
antiquo
authore
loquor
)
post
magnas
perturbationes
et
enormes
vexationes
inter
ipsum
Regem
,
et
Simonem
de
Monte
forti
&
alios
Barones
motas
,
&
sopitas
statuit
&
ordinavit
quod
omnes
illi
Comites
&
Barones
Regni
Angliae
quibus
ipse
Rex
dignatus
est
brevia
summonitionis
dirigere
venirent
ad
Parlament
’
suum
,
&
non
alii
nisi
forte
Dominus
Rex
alia
illa
brevia
dirigere
voluisset
,
sed
quod
ille
paulo
ante
obitum
incepit
Ed.
1.
ejusque
Successores
constanter
observarunt
,
unde
illi
soli
Regni
Barones
censebantur
qui
ejusmodi
summonitionum
ut
vocant
rescriptis
ad
Comitia
evocaverant
,
donec
R.
2.
Joannem
de
Beauchamp
de
Holt
Baronem
de
Kiderminster
diplomate
dato
10.
Octob.
anno
nostri
sui
.
11.
creaverit
.
The
substance
of
this
is
,
that
the
word
Baro
,
was
applicable
to
the
whole
people
,
the
Body
of
Free-holders
,
especially
as
assembled
in
Parliament
,
till
the
King
confer'd
particular
Honour
upon
some
by
his
especial
Writs
of
Summons
,
and
none
other
came
,
but
in
pursuance
of
the
aliae
illa
brevia
,
that
is
,
the
Writs
for
Elections
in
Counties
,
Cities
,
and
Boroughs
:
that
this
was
begun
to
prevent
those
Tumults
,
of
which
both
the
King
,
and
the
Barons
,
had
Fatal
experience
.
That
this
was
Enacted
in
due
form
of
Law
;
though
the
Form
is
not
express'd
,
yet
't
is
imply'd
under
the
Statuit
&
ordinavit
,
being
words
of
Legislation
,
and
for
confirmation
,
that
it
was
so
,
it
has
been
followed
ever
since
:
And
that
the
Barons
by
Creation
,
who
have
ever
since
their
Creation
had
Right
to
sit
as
of
the
higher
Order
previous
to
their
sitting
or
express
Summons
,
came
not
in
till
the
11th
.
of
Richard
the
Second
.
Against
this
Mr.
Selden
,
whose
insight
into
Records
and
MS's
made
him
take
it
ill
that
any
should
escape
his
view
,
has
rais'd
these
objections
.
(
1.
)
In
all
occurrences
that
I
meet
with
▪
Tanti
viri
pace
,
This
objection
comes
not
nigh
the
point
,
it
not
being
prov'd
at
least
,
that
King
John's
Charter
gives
the
Form
of
a
Parliament
or
General
Council
,
or
of
any
other
than
a
Council
of
the
Kings
Tenants
,
for
matters
belonging
to
their
Tenure
:
and
this
sense
Mr.
Selden
himself
confirms
,
when
he
says
,
that
he
finds
not
that
the
Minores
Barones
in
Chief
,
or
those
other
Tenants
in
Chief
,
eo
nomine
,
had
any
interest
in
Parliament
;
now
not
having
any
peculiar
interest
,
what
need
of
a
particular
exclusion
?
(
2.
)
Besides
,
in
Capite
are
mention'd
here
as
if
some
held
not
so
,
Thus
much
he
yeilds
here
.
If
there
were
not
Barons
by
Writ
,
there
being
in
those
times
other
Barons
besides
Barons
by
Tenure
,
Mr.
Camden
and
his
Author
were
in
the
right
,
and
the
word
Baro
,
was
of
large
extent
,
that
is
reacht
to
every
Free-holder
,
who
according
to
Sir
Henry
Spelman
,
had
that
appellation
.
However
it
does
not
follow
,
because
there
were
other
Barons
besides
Barons
by
Tenure
,
that
they
must
be
by
Writ
;
for
what
hinders
,
but
that
they
might
have
been
by
reason
of
their
Possessions
,
and
the
freer
from
Feudall
Tenure
,
so
much
the
rather
Barones
,
as
Free-men
.
The
distinction
of
Barones
Majores
and
Minores
,
I
take
it
has
been
moveable
,
sometimes
all
the
Tenants
in
Chief
were
Majores
,
as
in
Henry
the
Seconds
time
,
where
the
Barones
Secundae
dignitatis
,
that
is
,
Minores
,
are
added
to
sit
upon
the
Judgments
with
the
Tenants
in
Chief
:
In
King
John's
time
we
find
Majores
Barones
holding
in
Chief
,
&
alios
,
so
that
,
the
Estates
of
the
Great
Barons
being
parcel'd
out
,
some
that
held
immediately
of
the
King
,
were
Minores
Barones
,
by
reason
of
the
smallness
of
their
Estates
.
But
this
is
clear
from
Record
,
That
Writs
of
special
Summons
made
none
Barons
out
of
Parliament
,
whatever
they
did
in
Parliament
,
except
where
there
was
such
an
unusual
Clause
as
we
find
in
a
Writ
of
Summons
,
27
H.
6.
Volumus
enim
vos
&
heredes
vestros
masculos
de
corpore
vestro
legitimè
exeuntes
Barones
de
Vescey
existere
.
Here
was
a
special
Clause
of
Creation
to
a
Barony
;
but
if
the
usual
Writs
,
Quatenus
,
Writs
of
Summons
,
made
none
Barons
out
of
Parliament
,
and
there
is
not
the
least
ground
of
conjecture
,
that
such
Writs
were
devis'd
in
the
time
of
Henry
the
Third
,
it
follows
,
That
when
Henry
the
Third
Summon'd
only
his
own
Tenants
to
perform
their
Military
Services
,
not
to
Parliament
,
and
these
were
Barones
tenentes
in
Capite
,
but
there
were
other
Barons
omitted
,
that
these
Barons
must
have
been
such
,
by
reason
of
their
Freehold
.
That
an
usual
Writ
,
or
Writs
of
Summons
,
made
none
Barons
out
of
Parliament
,
appears
very
fully
in
the
Case
of
Thomas
de
Furnivall
,
in
the
Court
of
Exchequer
.
Thomas
de
Furnivall
had
been
amerced
tanquam
Baro.
He
pleads
in
discharge
of
his
amercement
,
That
he
was
no
Baron
,
nor
held
by
Barony
,
or
part
of
a
Barony
,
Licet
ipse
Baro
non
sit
,
nec
terram
suam
per
Baroniam
vel
partem
Baroniae
teneat
,
nihilominus
idem
Thomas
pro
quibusdam
defaltis
in
quibusdam
Curiis
,
Now
according
to
Mr.
Selden's
Notion
,
he
ought
to
have
pleaded
that
he
was
no
Baron
,
in
that
he
neither
held
by
Barony
,
nor
had
receiv'd
or
us'd
to
receive
special
Writs
of
Summons
to
Parliament
.
But
't
is
observable
,
that
the
only
matter
put
in
issue
by
the
direction
of
the
Court
,
was
,
Whether
he
held
by
Barony
,
or
no
,
Et
quia
Barones
ante
quam
ulterius
,
&c.
Volunt
certiorari
super
superius
suggestis
.
Concordatum
est
quod
inquiratur
inde
&
quod
Robertus
de
Nottingham
Rememerator
hujus
Scaccarii
assignetur
ad
capiend
’
inde
inquis
,
&c.
Et
datus
&
dies
prefato
Thom.
per
Attornatum
suum
pred
hic
à
die
Pasche
in
unum
mensem
ad
audiend
&
reccipiend
inde
quod
Cur.
&c.
There
was
an
Inquisition
directed
into
the
several
Counties
,
where
he
had
Lands
to
know
how
he
held
them
,
and
according
as
his
Tenure
appear'd
to
be
,
was
he
to
receive
Judgment
upon
his
Plea
;
and
't
is
certify'd
,
upon
the
Inquisitions
taken
,
That
he
held
not
any
Land
per
Baronium
vel
partem
Baroniae
,
and
therefore
according
to
the
sense
of
the
whole
Court
,
though
we
find
not
the
Judgment
then
given
,
non
fuit
Baro.
And
yet
this
man
had
been
call'd
to
Thirty
Parliaments
before
the
time
of
his
Plea
;
and
his
Son
,
as
I
take
it
,
was
call'd
to
Seven
in
the
life-time
of
his
Father
,
Thomas
de
Furnivall
Sen.
Summonitus
fuit
per
breve
ad
Parl
’
Rot.
Claus
.
23
Ed.
1.
m.
9.
dorso
.
Rot.
Claus
.
23
Ed.
1.
m.
3.
d.
24.
Ed.
1.
m.
7.
d
25.
m.
25.
d.
27.
m.
18.
d.
28.
m.
16
,
17.
d.
28.
m.
2
,
3.
d.
30.
m.
7.
d.
32.
m.
2.
d.
33.
m.
21.
d.
34.
m.
2.
d.
35.
m.
13.
d.
Rot.
Claus
.
1
Ed.
2.
m.
19.
d.
1.
m.
11.
d.
1.
m.
8.
d.
2.
m.
11.
d.
3.
m.
17.
d.
3.
m.
16.
d.
5.
m.
17.
d.
5.
m.
3.
d.
6.
m.
31.
d.
6.
m.
17.
d.
6.
m.
2.
d.
7.
m.
15.
d.
8.
m.
25.
d.
8.
m.
29.
d.
9.
m.
22.
d.
11.
m.
14.
d.
11.
m.
12.
d.
11.
m.
8.
d.
Thomas
de
Furnival
,
Jun.
Rot.
Claus
.
12.
d.
2.
m.
29.
d.
12.
m.
11.
d.
13.
m.
13.
d.
14.
m.
23.
d.
15.
m.
d.
16.
m.
26.
d.
17.
m.
27.
d.
This
Great
man
was
no
Baron
in
the
sense
of
the
word
Baron
then
appropriated
,
the
several
Writs
of
Summons
had
made
him
no
Baron
,
and
yet
he
was
a
Lord
of
Parliament
,
and
since
the
King
dignatus
est
brevia
Summonitionis
ad
eum
dirigere
,
according
to
Mr.
Camden
,
he
being
before
one
of
the
multitude
of
Barons
,
the
word
Baro
which
was
applicable
to
all
the
Nobility
,
the
Free-holders
in
him
,
pertinebat
ad
summum
honorem
.
Mr.
Selden's
last
objection
is
this
,
(
3.
)
That
old
Author
also
used
by
the
Learned
Camden
,
This
I
conceive
can
be
of
no
great
weight
,
for
he
might
as
well
have
said
that
Barons
were
never
excluded
before
,
and
by
the
same
consequence
not
then
;
for
I
know
not
how
any
man
can
prove
,
that
Earls
had
more
Right
than
Barons
,
in
the
most
Honourable
acceptation
especially
.
But
this
being
then
made
a
Law
,
't
is
not
improbable
,
that
the
disposition
of
this
Honour
of
receiving
particular
Writs
of
Summons
to
Parliament
,
might
have
been
lodg'd
in
the
breast
of
the
King
,
who
is
the
Fountain
of
Honour
;
nor
is
it
likely
that
any
Earl
,
but
he
that
justly
forfeited
the
Kings
favour
,
would
have
been
denied
it
;
however
,
he
were
deprived
of
no
natural
Right
.
Since
the
11th
.
of
Richard
the
Second
,
indeed
,
the
Nobility
have
had
settled
Rights
by
Patents
,
which
are
as
so
many
constant
Warrants
for
the
Chancellor
to
issue
out
the
Writs
of
Summons
,
Ex
debito
justitiae
;
with
this
agrees
the
great
Antiquary
,
Sir
Henry
Spelman
.
Sic
antiquae
illa
Baronum
dignitas
secessit
in
titularem
&
arbitrariam
regioque
Upon
the
dissolution
of
the
separate
Court
of
Tenants
,
the
Tenants
still
succeeding
to
that
jurisdiction
and
preference
in
the
way
of
being
call'd
to
the
great
Court
,
which
they
had
in
and
to
the
less
,
without
such
a
provision
as
Mr.
Camden
takes
notice
of
,
I
will
grant
,
that
the
Majores
Barones
holding
in
chief
,
ex
tantâ
multitudine
Baronum
,
differing
in
their
circumstances
,
(
some
holding
of
him
immediately
,
others
of
measn
Lords
,
and
his
very
Tenants
being
divided
into
two
different
Classes
,
of
Majores
and
Minores
)
advanc'd
some
to
be
of
his
particular
Council
in
Parliament
.
This
,
with
submission
,
I
take
it
,
made
them
not
Judges
in
Parliament
,
eonomine
▪
because
a
Court
may
amerce
its
own
Members
,
but
Counts
and
Barons
by
Magna
Charta
,
are
not
amerceable
but
by
their
Peers
,
and
therefore
none
but
their
Peers
could
without
their
own
consent
be
of
the
Court
with
them
;
which
though
they
might
be
with
consent
,
as
to
all
Acts
amongst
themselves
,
still
it
would
be
a
question
how
far
they
might
without
particular
Patent
or
Writ
creating
them
to
such
Honour
;
act
in
that
Station
to
the
prejudice
of
others
.
That
special
Summons
to
Parliament
,
without
a
Seat
there
granted
and
settled
by
the
King
,
gives
no
man
Vote
amongst
those
who
now
have
Right
to
such
Summons
,
appears
,
in
that
the
Judges
and
Masters
in
Chancery
have
had
the
same
Writs
with
the
Lords
;
and
yet
are
,
and
have
been
,
but
assistants
to
them
,
no
Members
of
their
House
.
The
great
Tenents
in
Chief
,
and
others
,
in
equal
Circumstances
,
were
Pares
to
one
another
,
and
if
such
an
one
was
chose
Knight
of
a
Shire
,
though
the
Lord
Coke
says
,
Rex
Vicecomiti
Surria
salutem
,
Thomam
Camoys
Chivaler
,
qui
Banneretus
est
sicut
quam
plures
antecessorum
suorum
extiterint
ad
essendum
.
&c.
When
Tenants
in
Chief
,
oreorum
Pares
,
werce
call'd
by
special
Writ
,
they
very
properly
exercised
the
same
jurisdiction
which
Tenants
did
before
in
their
separate
Court.
In
the
5th
.
of
Richard
the
Second
,
many
having
refused
attendance
,
and
not
owning
themselves
liable
to
amercements
,
because
of
absence
,
if
Tenure
laid
not
a
special
obligation
upon
them
,
comes
an
Act
of
Parliament
which
makes
it
penal
to
refuse
,
or
rather
delares
,
that
the
Law
was
so
of
old
.
All
singular
Persons
and
Communalties
▪
This
shews
that
of
old
time
,
they
who
were
Summon'd
by
the
King
,
or
chose
by
the
People
,
ought
to
come
to
Parliament
;
but
this
being
before
any
Patent
,
or
Writ
of
Creation
to
the
Dignity
of
Peer
,
and
to
a
Seat
in
Parliament
,
supposes
no
obligation
upon
the
King
to
give
any
special
Summons
;
indeed
where
he
had
granted
Charters
of
exemptions
from
common
Summons
,
there
he
had
oblig'd
himself
(
if
he
would
have
them
oblig'd
by
what
pass'd
)
to
give
special
Summons
,
were
it
not
that
they
might
have
been
chose
in
the
Counties
particularly
,
(
which
alters
the
case
from
what
it
were
,
if
every
body
came
,
or
might
come
in
their
own
Persons
,
some
by
special
,
others
by
general
Summon's
)
but
this
exemption
,
and
particular
Summon's
after
it
,
made
none
Peers
that
they
found
not
so
,
but
they
that
came
were
to
come
as
they
were
Bounden
,
and
insuch
manner
,
as
had
been
accustomed
of
old
.
Which
is
pregnant
with
a
negative
,
as
if
it
were
in
such
manner
,
and
no
other
Manner
,
Quality
,
or
Degree
:
and
thus
they
us'd
that
to
come
as
assistants
to
the
Lords
,
continue
even
at
this
day
to
come
in
the
same
manner
,
This
is
further
observable
,
as
it
had
been
of
old
accustomed
,
they
were
to
have
Voices
with
the
Barons
.
It
may
be
urg'd
,
That
they
which
held
by
Barony
,
and
their
Peers
,
Pares
Baronum
,
were
by
the
Law
exempted
from
being
of
Common
Juries
,
because
they
were
Lords
of
Parliament
:
And
therefore
they
were
to
come
of
course
and
right
.
But
for
this
a
resolution
by
all
the
Judges
of
England
in
the
Reign
of
Hen.
the
8th
.
is
a
full
Authority
,
where
'T
is
adjudged
,
that
the
King
may
hold
his
Parliament
without
such
Lords
as
come
onely
upon
the
account
of
their
Possessions
.
I
would
not
be
thought
to
assert
any
thing
dogmatically
,
I
onely
offer
by
way
of
learning
,
some
thing
which
perhaps
will
be
look'd
on
as
Paradoxes
at
the
least
.
I
divide
not
my
matter
into
Heads
and
Positions
,
because
I
run
counter
to
the
sense
of
many
great
names
:
and
the
direct
opposing
such
in
Thesi
would
be
invidious
,
and
gain
a
disadvantage
to
the
authorities
I
produce
.
If
any
body
will
take
the
pains
to
shew
me
,
by
authentick
proofs
and
warrantable
reasons
,
that
all
or
most
of
the
Records
or
Histories
by
me
cited
,
or
others
not
occurring
to
me
,
ought
to
be
taken
in
a
sense
contrary
to
what
has
appeared
to
me
,
I
shall
thankfully
receive
and
acknowledg
his
instructions
;
but
till
then
I
must
crave
pardon
if
I
cannot
swallow
or
digest
any
Learned
Modern
Antiquarie's
bare
ipse
dixit
,
where
I
find
the
best
of
our
Historians
and
a
Series
of
Records
in
my
Judgment
diametrically
opposing
and
contradicting
their
Positions
and
Assertions
I
am
aware
,
that
besides
the
many
slips
of
an
hasty
Pen
,
and
the
weakness
perhaps
of
several
of
the
inferences
,
which
amongst
some
avocations
may
have
pass'd
neglected
;
There
is
a
material
Objection
against
the
foundation
of
the
whole
,
which
is
the
general
agreement
of
Records
and
Histories
,
that
till
the
48th
or
49th
of
Henry
the
Third
,
all
Proprietors
of
Land
came
to
the
Great
Council
without
any
settled
exclusion
▪
when
yet
we
many
times
find
that
the
Councils
were
held
in
Churches
,
or
Halls
,
and
yet
at
those
times
't
is
said
that
the
Populus
were
there
as
if
the
Great
Men
were
the
standing
Representative
Body
of
the
Nation
,
and
answer'd
for
all
the
People
,
the
Freeholders
of
the
Nation
.
To
which
I
answer
,
(
according
to
the
modus
tenendi
Synodos
,
which
I
may
apply
to
the
civil
Councils
)
That
the
probi
homines
,
ex
electione
,
and
every
one
was
there
himself
virtually
by
his
Deputy
,
but
they
often
met
in
vast
Bodies
,
and
in
capacious
places
,
both
in
the
Saxon
times
,
and
after
William
the
First
obtained
the
Imperial
Crown
.
The
whole
body
of
Proprietors
were
assembled
at
Runemed
between
Stanes
and
Windsor
at
the
passing
of
King
John's
Charter
;
and
if
we
believe
Matth.
Westminster
,
Maximus
Tractatus
habebatur
inter
Regem
et
Barones
de
pace
Regni
inter
Stanes
&
Windsoram
in
prato
quod
dicitur
Runemed
quod
interpretatur
pratum
Concilii
eö
quod
ab
antiquis
temporibus
ibi
de
pace
regni
saepius
consilia
tractabantur
.
This
shews
the
usual
places
of
Assembling
to
have
been
large
enough
for
all
the
people
,
which
are
in
so
many
Records
and
Histories
Printed
and
in
Manuscript
,
said
to
have
been
present
at
the
Great
or
General
Councils
;
I
shall
conclude
with
one
Instance
of
the
Parties
present
at
such
a
Council
,
which
is
deliver'd
with
sufficient
perspicuity
.
Anselm
in
one
of
his
disputes
with
Henry
the
First
,
Differantur
haec
si
placet
usqu
;
in
Pascha
ut
audito
Episcoporum
,
regnique
Primatum
consilio
,
qui
modò
non
assunt
respondeam
hinc
.
Upon
this
Anselm
comes
to
the
Court
at
Easter
,
Igitur
in
Pascha
Curiam
venit
regni
ingenuitatem
praesens
consulit
,
Communi
consilii
vocem
accepit
,
&c.
Here
the
Council
Episcoporum
et
Primatum
,
to
which
he
referr'd
himself
,
was
reciprocal
with
the
ingenuitas
regni
,
Henry
Spelman
shews
us
,
the
liberi
et
legales
homines
,
the
good
honest
Freeholders
,
some
of
which
were
no
better
than
Plebeians
.
And
therefore
this
authority
alone
,
especially
as
't
is
strengthned
by
those
others
to
the
same
purpose
,
which
I
have
cited
absque
dolo
et
malo
ingenio
,
evince
to
me
,
That
he
or
they
who
put
out
the
Second
Part
of
Sir
Spelman's
Glossary
,
did
not
do
right
to
his
Memory
,
in
representing
him
affirming
,
That
the
plebs
,
the
ingenuitas
,
or
liberi
et
legales
homines
,
as
he
himself
tells
us
the
word
ingenuus
,
has
anciently
been
us'd
,
are
no
where
amongst
the
several
Councils
which
he
had
read
of
,
mention'd
to
have
been
there
,
from
the
entrance
of
William
the
First
,
to
the
end
of
Henry
the
Third
.
The
words
to
this
purpose
which
I
conceive
are
put
upon
him
,
are
these
,
Sine
ut
sodes
dicam
collegisse
me
centenas
reor
comitiorum
edictiones
(
tenoresque
Indeed
notice
being
taken
of
those
Councils
where
were
Optimates
et
Barones
totius
Angliae
,
and
of
that
famous
Assembly
at
Salisbury-Plain
of
the
Barones
et
Vicecomites
cum
suis
Militibus
,
in
pursuance
of
the
Summons
of
William
the
First
,
the
positiveness
of
the
assertion
is
restrain'd
with
a
ni
in
his
dilituerit
.
But
what
doubt
can
be
made
of
those
words
,
whereby
they
are
expresly
mention'd
,
and
that
according
to
the
true
Sir
Henry
Spelman
,
I
am
not
yet
aware
of
.
FINIS
.