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 MODUS TENENDI PARLIAMENTUM. 
 
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.MODUS TENENDI PARLIAMENTUM ; 
 
 AN 
 
 amwnt Creatine 
 
 ON THE 
 
 MODE OF HOLDING THE PARLIAMENT 
 
 IN 
 
 ENGLAND. 
 
 EDITED BY 
 
 THOMAS DUFFUS HARDY, 
 
 ASSISTANT KEEPER OF HER UAJESTY'S RECORDS. 
 
 LONDON : 
 
 PRINTED BY GEORGE E. EYRE AND WILLIAM SPOTTISWOODE, 
 PMUXEHS TO THE QUEIiN's MOST EXCELLENT MAJESTY. 
 
 1846. 
 
Vv' 
 
 7 
 
 
 The Printing of this Woi'k was commenced by the Command 
 OF His late Majesty King William IV., under the Direction 
 of the CommiBsioners of the Public Records of the Kingdom. 
 
 The Work has been for some time suspended, and is now 
 completed and pubhshed by the Comjiand of Her Majesty. 
 
 LANGDALE, M.B. 
 
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PREFACE. 
 
 '»W»W»»*«^W»»W«X(<Wt «IWI»»^W 
 
 The Treatise known as the " Modus tenendi 
 " Parli amentum'* has been always familiar to 
 those wio have studied the law and consti- 
 tution of the English Parliament, and much 
 learning lias been shown in considering its 
 merits. Many discordant opinions have been 
 expressed respecting its age and authenticity, 
 but the arguments and vehement assertions 
 of the two principal writers who have taken 
 part in the discussion, Lord Chief Justice 
 Coke and Prynne, are not, as must be evident 
 to every impartial reader, entitled to much 
 weight in this inquiry, chiefly because each 
 has had his own theory to support, without 
 possessing the materials necessary to form a 
 sound judgment on the subject. 
 
 a 
 
Mfi PREFACE. 
 
 . . Lord Chief Justice Coke appears to have 
 hastily formed an opinion in ignorance of the 
 ancient constitution of Parliament, and without 
 giving proper attention to the facts stated in 
 the treatise, and a corrupt text was manifestly 
 relied upon by Prynne. The reader, however, 
 has now an accurate text collated with the 
 oldest and best mss. ; and, as all the most 
 striking variations have been noted in this 
 edition, a juster estimate may be obtained as 
 well of the period when the writer of the 
 treatise lived, as of the degree of authority to 
 which, as an historian, he is entitled. - ! ^..um 
 Attention was particularly directed to this 
 document as early as the reign of Queen 
 Elizabeth by Sir Edward Coke, when Speaker 
 of the House of Commons (i), afterwards in 
 the preface to his ninth book of Reports (2), 
 again in his first and second Institutes (s) 
 where he alludes to it as an authentic work ; 
 and in his fourth Institute (4), when treating 
 of the history and jurisdiction of the high 
 court of Parliament, he states it to be his 
 deliberate opinion that " this Modus was re- 
 " hearsed and declared before the Conqueror 
 " at the time of his conquest, and by him 
 " approved for England. . ; . ^r.A 
 
PREFACE. Ill 
 
 In making this statement Coke not only too 
 hastily expressed an opinion of the antiquity of 
 the treatise, but he has not correctly repre- 
 sented what the author of it has actually 
 declared. The writer simply professes to de- 
 scribe, — hie describitur modusy — what he 
 believed to have been the manner of holding 
 Parliaments under the Saxon government. The 
 relater may be credited or not, just as the 
 facts are themselves within the range of prof 
 bability, or a knowledge of them within the 
 reach of inquiry. The value of the authority 
 must be tested by the contents of the work, 
 whereas Coke by his statement would imply 
 that the treatise was itself read to the Con- 
 queror and by him approved, an absurdity too 
 great to require conmient. 
 
 Selden appears to have been the next author 
 of any eminence who has noticed the Modus ; 
 he states in his " Titles of Honour" (5) that 
 " divers characters that remain in it show 
 " plainly enough that it was written some ages 
 " (at least) after the coming of the Normans, 
 " of which I think no man doubts that hath 
 " read it, and for my part I cannot yet believe 
 " that it is ancienter than about the time of 
 " King Edward the Third ; divers copies I have 
 
 a 2 
 
iv 
 
 PREFACE. 
 
 " seen of it, but never any that exceeded that 
 
 "age." •' !.• . • I. H >,■• <,; .}J1I',JU» 
 
 '■ Prynne, whose authority in Parliamentary 
 history is highly esteemed, was the next author 
 of any consideration who commented on the 
 Modus ; and he has in the strongest language, 
 in several of his works (6), declared it to be 
 spurious, and of no antiquity, stating on one 
 occasion that it was compiled between the 
 twenty-seventh and thirty-third years of the 
 reign of king Henry the Sixth (7), and in 
 another place that it was written after the thirty- 
 first year of Henry the Eighth, (s) 
 
 Prynne's animadversions (9) on the Modus 
 have been considered by almost every subse- 
 quent writer (lo) as decisive against its authen- 
 ticity and age; but it should be remembered 
 that many of his objections are founded upon 
 passages which can be clearly proved to be 
 interpolations (il), and they are, therefore, to 
 that extent at least, undeserving of any serious 
 attention. 
 
 A cursory perusal of the treatise cannot 
 fail to satisfy every unprejudiced reader that 
 neither the account given of it by Coke nor 
 that by Prynne can be relied upon ; and that 
 though its antiquity is not so great as it has 
 
rUEFACE. V 
 
 been represented by the one, yet it is by no 
 means so modem as it is contended to be by 
 the other. In impeachiug: its authority as a 
 correct exposition of the mode of holding Parlia- 
 ments during any stated period, Prynne has been 
 betrayed into a misconception of the real cha- 
 racter of the treatise ; and he impairs the value 
 of his objections to its authority in endeavour- 
 ing to destroy its authenticity. It may be a 
 genuine production, and yet be wholly valueless 
 as an accurate statement of facts. 
 
 The proeme (if it be contemporary with 
 other, parts of the text, and no copy has been 
 seen without it) (12) proves that it was written 
 long after the reign of William the Conqueror, 
 for it expressly states that such was the 
 manner of holding Parliaments in that reign, and 
 also in those of his successors; consequently 
 this, afc the best a gratuitous unsupported asser- 
 tion of the writer (for the language clearly 
 imports history or relation), would scarcely 
 warrant Coke in the unqualified opinion he has 
 expressed of its great antiquity; and, on the 
 other hand, the fact of there being still extant 
 two or three copies of it as early as the reign 
 of Richard the Second, proves that Prynne wjis 
 
 a 3 
 
VI PREFACE. 
 
 equally incorrect in referring it to so modern a 
 period as the reign of Henry the Sixth. 
 
 The Irish Modus, which differs but little 
 from the English Treatise, and bears unequi- 
 vocal signs of having been taken from it, was 
 exemplified under the Great Seal of Ireland in 
 the sixth year of the reign of King Henry the 
 Fourth, a fact tending to prove that the English 
 Modus cannot be more modem than that year ; 
 and it may be observed, that had it not been a 
 well accredited treatise in that reign it would 
 hardly have been solemnly authenticated by the 
 Great Seal of Ireland. (i3) 
 
 As both Coke and Prynne are thus shown 
 to be wrong in the opinions they have advanced 
 respecting the age of the treatise, the question 
 which naturally suggests itself is, When was it 
 written? This, however, does not so readily 
 admit of a precise answer ; and as there is hardly 
 a prominent fact stated in the whole work suffi- 
 ciently clear and determinate to lead to a correct 
 conclusion, the utmost that can be done is to 
 get at an approximation to its age by inference 
 and induction. 
 
 It will be remembered that Selden, deser- 
 vedly a great authority, states, "he had seen 
 " divers copies of the Modus, but never any 
 
PREFACE. Vll 
 
 " that exceeded the age of Edward the 
 *' Third," (14) and he has given copious ex 
 tracts from the ms. he had consulted ; again, 
 Arthur Agard(l5), a learned officer of the 
 Exchequer and well versed in Paleography, 
 transcribed a copy of it which he considered to 
 have been written in the reign of Richard the 
 Second. There is still among the Cotton mss. ( 1 6) 
 in the British Museum a copy written about the 
 latter end of the reign of Richard the Second, 
 and another in the Bibliotheque du Roy (l7) 
 at Paris which was unquestionably written in 
 the fourteenth century, consequently before the 
 accession to the Throne of King Henry the 
 Fourth. 
 
 Each of these copies differs from the others 
 in the arrangement of the sections and in many 
 passages and phrases, and exhibits other evident 
 marks of an earlier exemplar ; from this circum- 
 stance alone it would be reasonable to infer that 
 the treatise cannot be less ancient than the 
 reign of King Edward the Third. 
 
 In several copies of the Modus still extant 
 the clause " De Militibus" (p. 11.) ends with 
 the words " ultra unam mar cam per diem^ 
 in others the following words are added, " et 
 " NUNC per diem octo solidos videlicet pro quo- 
 
 a 4- 
 
VUl PREFACE. 
 
 " libet eorum quatuor solidos" a circumstance 
 which proves that those words were interpolated 
 after the wages of each of the county members 
 attending Parliament had been fixed at 4s. per 
 diem. Now we know, from a source that 
 admits of no dispute, — the records of the ex- 
 penses of knights of the shire and burgesses 
 for serving in Parliament, — that the wages of 
 county members were not settled before the 
 first of Edward the Third 1327 (i8), conse- 
 quently it must be inferred, whatever may be 
 the date of the interpolation, that the text itself 
 of the Modus was written before that year; 
 and this inference receives support from the 
 absence throughout the treatise of all mention 
 of any higher grade of nobility than an earl, 
 the first creation of a duke having been made 
 by Edward the Third in the eleventh year of 
 his reign. (l9) 
 
 Another incidental fact may be mentioned 
 as showing the age when the author of the 
 Modus may be presumed to have lived. In the 
 clause " De Baronibus Portuum" (p. 7.) it is 
 stated that the barons of the Cinq Ports received 
 105. per diem for their parliamentary attendance. 
 This statement is one of Prynne's chief objec- 
 tions against its authenticity on the ground 
 
PREFACB. IX 
 
 that the sum of 10*. per diem was incredibly 
 large (20), and greater than that paid to the 
 knights of shires, or to the members of the 
 city of London ; and he relies mainly on the case 
 of the citizens of London, because they were 
 called Barones Londini, a similar title of dignity 
 to the Barones Portuum, and he further says 
 that " London being the chief port and maga- 
 " zine of England, its members only received 
 " 2s. per diem, therefore it was not probable 
 " that the barons of the Cinq Ports received 
 " more than the barons of London," but he 
 admits that if the members of the Cinq Ports 
 received any thing it was probably as much as 
 the members for London. 
 
 If Prynne's reasoning be correct, it will 
 presently be seen that this passage in the 
 Modus is rather a proof of its authenticity than 
 of its spuriousness, and the inference to which 
 it would lead is, that the treatise was written 
 at a time when the payment for the services 
 in Parliament of a baron of the Cinq Ports and 
 of a baron of London averaged a higher price 
 than was paid in later times when such pay- 
 ments became regular and more moderate. 
 There is a document still in existence, the 
 earliest on record, and one beyond all suspicion, 
 
X PREFACE. 
 
 which proves that the members of the city of 
 London did in the year 1296 (21) absolutely 
 receive the identical sum of lOs. per diem each. 
 
 These facts would justify the inference that 
 the Modus was written before the close of the 
 reign of King Edward the Second, and in 
 support of this hypothesis it may be mentioned 
 that Sir James Tyrrell (22), an historian of 
 great learning and research, expressed his 
 opinion that the substance of it must have 
 been much older than the time of Edward the 
 Third. His words are, "for though I confess 
 " the treatise appears to have been written 
 " since the coming of the Normans, yet the 
 " substance of it must have been much older 
 " than the times of Edward the Third and 
 " Richard the Second, or else certainly King 
 " Henry the Fourth, or his chancellor for him, 
 " would never have been at the trouble of 
 " transmitting a copy of this said Modus into 
 " Ireland under the Great Seal, which is 
 " thought to encroach so much on the prero- 
 " gative, had he not been very well informed 
 " of the antiquity as well as the authority 
 " thereof, and therefore it might very well be 
 " written about the time of Henry the Third 
 *' from some ancient historians and records not 
 
PREFACE. XI 
 
 " now extant, though the copies we have of it 
 " may be of no longer standing than the time 
 " Mr. Selden mentions." 
 
 To adopt Tyrrell's opinion in part, it may be 
 remarked, that as it is well known that between 
 the forty-ninth year of the reign of King Henry 
 the Third and the eighteenth of King Edward 
 the First (23) there is no evidence to prove 
 that the members of the House of Commons 
 were present in Parliament (in fact the records 
 which are extant imply the contrary), the 
 treatise may have been written during the latter 
 part of the reign of King Edward the First 
 for the express purpose of showing the right 
 of the commons to be represented in Parlia- 
 ment, the exercise of that right having been 
 interrupted by civil contentions. In following 
 up this hypothesis it will be observed that, 
 according to the Modus, all earls and barons 
 holding a certain quantity of land, amounting 
 to an earldom or barony, ought, by virtue of 
 such tenure, to be summoned to Parliament ; 
 and as it is beyond dispute that this principle 
 was not adhered to at the accession of King 
 Edward the Second to the throne (24), it may 
 be inferred that some change had taken place 
 in that respect, which it was one of the objects 
 
Xll PREFACE. 
 
 which the writei: of the treatise had in view to 
 restore. 
 
 On this subject Selden (25) thus writes : 
 " Doubtless some law did pass whereby it was 
 " enacted that none should come to Parliament 
 " under the name of tenants in capite, or the 
 " names of barons, but such only as should 
 " have several writs of summons directed to 
 " them, in which number not only all those of 
 " the ancient and greater barons were compre- 
 " bended according to the charter of King John, 
 " but also all others to whom writs of summons 
 " should be afterwards hkewise directed, which 
 " was in substance that no tenure in that alone 
 " should any longer make a baron of the king- 
 " donif but now the writ of summons only might 
 " make one. In what year either that law 
 ** which we suppose made the first distinction 
 " between the greater barons and these tenants 
 " passed, or when the other was made which 
 " we conceive here afterward utterly excluded 
 " the tenants from their places which by the 
 " Great Charter they had upon the general 
 " summons in the county, appears not." 
 
 Camden (26), following an anonymous author, 
 attributes the change of excluding the right of 
 tenure to King Henry the Third after the 
 
PBEFACE. Xm 
 
 battle of Evesham ; the author's words which 
 Camden cites are these : " Henricus Tertius 
 •'^post magnay perturbationes et enormes vex- 
 " ationes inter ipsum Regem Simonem de Mon- 
 " teforte et alios barones motas et susceptas 
 " statuit et ordinavit, quod omnes illi comites 
 " et barones regni Angliae quibus ipse Rex 
 " dignatus est brevia summonitionis dirigere 
 " venirent ad Parliamentum suum et non alii 
 ** ni'^' forte dominus Rex alia ilia brevia eis 
 " dirigere voluisset." 
 
 The records which are now extant certainly 
 corroborate the above statement. It has been 
 successfully contended by some eminent writers 
 that baronial tenure did not in the reign of 
 Edward the First entitle a man to a summons 
 to Parliament, and all documents at present 
 known conclusively demonstrate that writs of 
 summons were issued regardless of tenure, and 
 entirely at the will of the Sovereign. (27) 
 
 Admitting that some such ordinance as that 
 stated by the author cited by Camden was 
 issued in the reign of King Henry the Third, 
 an inconvenience may have arisen in con- 
 sequence, for which it was necessary that a 
 remedy should be applied, and the frequent 
 
XIV PRKFAfK. 
 
 applications which arc well known to every one 
 conversant with the history of Parliament at 
 the beginning of the fourteenth century to have 
 been made on the part of the clergy for redress 
 of the alleged grievance of being summoned to 
 Parliament in cases w^here no baronial tenure 
 existed, probably suggested an investigation 
 into the law and practice recognized in the 
 earher periods of parliamentary history, and 
 possibly this treatise was suggested and written 
 for the express purpose of restoring things to 
 the state in which they had been before the 
 battle of Evesham. 
 
 Having hazarded on the foregoing grounds 
 an opinion that the Modus was published not 
 later than the first quarter of the fourteenth 
 century, the next point is to inquire whether 
 some of the facts stated in the treatise will not 
 warrant a limitation of its antiquity to the 
 commencement of that century. 
 
 It seems certain that the Modus was written 
 after the year 1244 on account of the constant 
 occurrence of the word Porliamentum, a term 
 that was never applied to a legislative assembly 
 in England by any contemporary writer, or 
 used in any record, before that year, but there 
 is no doubt that from the latter end of the 
 
PREFACE. XV 
 
 reign oi' King Henry the Third the legislative 
 assembly was termed Parliament, or in Latin 
 Parliamentum. , 
 
 There would be no difficulty in proving, if 
 it were necessary, that until the year 1279 the 
 inferior clergy were not pi:rraitted to send two 
 procurators to the parliamentary convocation 
 as their representatives ; and it cannot escape 
 attention that the paragraph which treats of the 
 summoning of the clergy to Parliament contains 
 this remarkable clause : " Also the King used 
 " to issue his summonses to the archbishops, 
 " bishops, and other exempt persons such as 
 " abbots, priors, deans, and other ecclesiastics 
 " who have jurisdictions by such exemptions 
 *• and privileges, separately, that they, for each 
 " deanery and archdeaconry of England, should 
 " cause to be elected, by the deaneries and arch- 
 " deaconries themselves, two experienced and fit 
 " procurators from their own archdeaconry to 
 " come and be present at the Parliament, to under- 
 " take, allege, and do the same which all and 
 " singular the persons of those dea series and 
 " archdeaconries would do if they were there 
 " personally present, (p. 5.) 
 
 " And that such procurators shall come with 
 " their duplicate warrants, sealed with the seals 
 
XVI PREFACE. 
 
 ** of their superiors, that they are the clergy 
 ** sent to such procuratorship ; one of which 
 " warrants," &c. /« 
 
 Now this statement, though not strictly in 
 accordance with the instructions set forth in 
 all writs of summons which contain the prtemu- 
 nientes clause from the date of the earliest of 
 such writs on record, viz., that of the SOth of 
 September, 23d Edw. /., (the writ of the I9th 
 of August, 22c? Edw. I. not being precisely in 
 point,) to the present time, shows most con- 
 clusively that the treatise itself was not com- 
 piled before the seventh of Edward the First, 
 because it was not until that year that the 
 diocesan clergy were represented in Convocation 
 by two procurators chosen from each diocese ; 
 and indeed as it is not probable that the inser- 
 tion of the prcBmunientes clause in writs of 
 summons to the metropolitan and diocesan 
 prelates commenced anterior to the year 1294, 
 it might be contended, unless any suspicion of 
 subsequent interpolation could attach to the 
 passage above cited, that the Modus was not 
 written until some time after that date. 
 
 Having premised that nothing can with cer- 
 tainty be relied upon as to the precise age of 
 this treatise, yet as an opinion may be expected 
 
PREFACE. XVll 
 
 from the Editor, he, with great deference, 
 ventures to suggest that it was probably written 
 some time between the years 1294 and 1327, 
 but it may be repeated that there is not at 
 present known to be extant any copy of it in 
 the exact form in which it originally appeared, 
 several clauses having manifestly been added to 
 or altered from the original text to suit the 
 altered state of circumstances in later times, or 
 perhaps even the views of different people at 
 different periods. 
 
 As it would be impossible at the present day 
 to say from what sources not now in existence 
 the author may have compiled this work, no 
 opinion is here hazarded as to the accuracy with 
 which its statements are put forth ; but it may 
 be observed that the records now extant do 
 not afford even a presumption that this was 
 the mode of holding Parliament at any time 
 during the thirteenth century, whilst all history 
 and record would justify the rejection of the 
 statement that such was the mode of holding 
 Parliament in the Saxon times, or in the times 
 of any monarch of the Norman line. 
 
 Although the Modus tenendi Parli amentum 
 has been known for so many years, yet, strange 
 as it may seem, the original has never before 
 
 b 
 
XVIU PHKFACE. 
 
 been separately published in England. It was, 
 however, printed in Dachery's Spicilegium(28) 
 under the title " Statuta antiqua in quibus 
 " Angliae totius regni comitiae ordinantur." An 
 English translation of it appeared as early as 
 the year 1641 (29), which has been several 
 times reprinted. 
 
 This publication was contemplated by Mr. 
 Cooper when secretary to the late record com- 
 mission, at the suggestion of Sir Francis Pal- 
 grave, and a text was prepared and printed. (30) 
 The present text is taken from a manuscript in 
 the Bibliotheque du Roi at Paris, described by 
 M. ChampoUion Figeac as being as ancient as 
 the thirteenth century. (31) It has been com- 
 pared with several manuscripts in the British 
 Museum and elsewhere, and also with the text 
 in the Spicilegium, and all material variations 
 are pointed out in the notes. It has also been 
 thought advisable to print a new translation, 
 as the previous translations arc so very incorrect 
 as to be likely to mislead. 
 
 The Editor cannot conclude these prefatory 
 remarks without stating that he has purposely 
 abstained from expressing any opinion on the 
 many constitutional questions which arise on 
 
PREFACb,. XIX 
 
 the con side ration of the " Modus tencndi Par- 
 " Hamentum ;" he has thought that any discus- 
 sions upon controverted constitutional questions, 
 which might possibly be considered of a political 
 and party character, ought to be avoided on the 
 present occasion. He has, however, prepared a 
 general dissertation on the Modus, in which 
 every important passage in the work has been 
 impartially investigated, and the errors and mis- 
 statements of Lord Chief Justice Coke, Prynne, 
 and the other commentators on this curious 
 treatise have been exposed and, he hopes 
 refuted. 
 
 b ^2 
 
( "x ) 
 
 NOTES. 
 
 (i) " Sir Edward Coke vouched it in the Parliament of 
 *' 35Eliz. an. 1592., when he was speaker, which Modus a 
 " grave member of the house then showed and delivered to 
 " him (as he informed the house in his argument of Fitz- 
 " herbert's case), which book if any member desired to see, 
 " he then said, he would shew it him ; being a president 
 " of a Parliament holden before the Conquest, intituled 
 " Modus tenendi Parliamentum." (Prynne's Animadver- 
 sions on the 4th Institute, p. 7.) 
 
 (2 & 3) Proeme to his 9th Report ; 1 Inst. pp. 60, 321. 
 Edit. Thomas. 2 Inst. p. 7, 8. 4 Inst. pp. 1, 2, 3, 4, 5, 1 1, 12 
 45, 51, 349. 
 
 (4) " Of the ancient treatise called Modus tenendi 
 " Parliamentum. 
 
 " Now for antiquity and authority of the ancient treatise 
 ' called Modus tenendi Parliamentum, &c,, whereof we 
 
 * make often use in this part of the Institutes, certain it is 
 ' that this Modus was rehearsed and declared before the 
 ' Conquerour at the time of his conquest, and by him 
 ' approved for England, and accordingly the Conquerour, 
 ' according to Modus, held a Parliament for England, as 
 ' it appeareth in 21 E. 3. fo. 60. After King H. 2. had 
 ' conquered Ireland, he fitted and transcribed this Modus 
 ' into Ireland in a parchment roll, for the holding of Par- 
 
 * liaments there, which no doubt H. 2. did by advise of 
 ' his judges, being a matter of so great weight and legall. 
 
NOTES. XXI 
 
 " This Modus, in the parchment roll transcribed as afore- 
 " said by H. 2., remained in Ireland, and in anno 6 H. 4. 
 " was in the custody of Sir Christofer Preston knight, a 
 " man of great wisedome and learning, which roll King H. 4. 
 " in the same yeare, De assensu Johannis Talbot chivalier, 
 " his lieutenant there, and of his cowncell of Ireland, exem- 
 " plified for the better holding of the Parliaments there ; 
 " and in the exemplification it expresly appeareth that 
 " H. 2. did transcribe this Modus, as is abovesaid. 
 
 " This Modus was seene by the makers of the statute of 
 " Magna Charta, anno 9 II. 3. cap. 2., concerning the 
 " reducing of the ancient reliefes of entire earldomes, 
 " baronies, and knights fees, according to such proportions 
 " as is contained in the Modus, which they could not have 
 " done so punctually if they had not seene the same, 
 " Avhereof you may read more at large in the first part of 
 " the Institutes, sect. 103. fo. 76. verbo Relief. And some 
 " part of this Modus is cited in the Parliament Roll, anno 
 " 1 1 R. 2. and other records of Parliament, and upon dili- 
 " gent search we can find nothing against it. But many 
 " very ancient copies you may find of this Modus, one 
 " whereof we have seene in the reigne of II. 2., which con- 
 " taineth the manner, forme, and usage of Gilbert de 
 '* Scrogel, marshall of England, in what manner he occupied 
 " and used the said roome and office in all his time, and how 
 *' he was admitted, &c. at the coronation of II. 2., and of 
 " his knight marshall and other inferiour oflicers, &c., and 
 " adjoyned thereunto, and of the same hand in this Modus, 
 " as fit for him to know. 
 
 " But lest it might be said to me, as it was once said to 
 " an oratour, who having spoken much i.\ commendation ol" 
 " Hercules, it was demanded of one thai stood by, ' Quis 
 " vituperavit ?' Ad quod non fuit responsuUi." (Coke, 4 Inst. 
 p. 12.) 
 
 (5) Titles of Honour, p. 739. edit. 1631. 
 
 (6) Brief Register, pp. 397 to 407. Part 2. pp. 143 to 
 164. Part 4. pp. 553 to 609. Epistle and Preface before 
 " An Abridgment of the Records in the Tower." Plea for 
 the Lords, pp. 25, 26, 27, 29, 164, 165 to 185. Parliamen- 
 tariii Rediviva, pp. 242 to 249. Levellers levelled, pp. 18, 19. 
 
 b 3 
 
XXll NOTES. 
 
 (7) " Upon consideration of all the premises, and of the 
 " levelling passages of holding a Parliament by the King 
 " and the Commons alone, without the Lords, if the Lords 
 " were summoned and refused to come, as most of them did 
 *' in this very Parliament upon its prorogation, for which, 
 '* on the last day of February 32 Hen. 6., they were deeply 
 '•' fined (at the petition of the Commons, without imposing 
 " any fine upon any Commoner then absent), and some of 
 " those fines agreeing with the very sums in this Modus, 
 " though somewhat mistaken in the rest, there being no 
 " other president of any such fines but this. I strongly 
 
 * apprehend that this Modus tenendi Parliarnentum was 
 
 • compiled between the twenty-seventh and thirty-third 
 " years of King Henry the Sixth his reign by some creature 
 " of Richard Duke of York, Avho in the Parliament of 
 " 31 & 32 II. 6. (when I conceive this Modus was forged), 
 " by the Commons petition, and his confederacy with them, 
 " was made chief councillor, protector, and defender of the 
 *' realm, &c." (Prynne's Fourth Part of the Brief Register, 
 p. 607.) 
 
 (s) " This Modus, treating ' De locis et sessionibus in 
 " Farliamento,^ informs us that on the right hand of the 
 " King's throne ' sedcbit archiepiscopus Cantuariensis et 
 " episcopi London et IVinton, et post illos seriatim alii 
 " episcopi, abbates, S^c., et in parte sinistra Regis sedebunt 
 " archiepiscopus Ebo/ episcopus DunclnC et CarlioV, etj^ost 
 " illos seriatim comites^ &c., which seems to be borrowed, 
 " with some grosse mistakes, out of the statute of 31 Hen, 8. 
 " c. 10., and so compiled after it." (The Fourth Part of a 
 Brief Register, &c. of Parliamentary Writs, p. 562.) 
 
 (9) Besides his attack of the Modus in his "Brief Animad- 
 " versions on and Amendments of the Fourth Part of Coke's 
 " Institutes," Prynne wrote an elaborate chapter (section 
 VIIT.) in the fourth part of a brief register of Parliamentary 
 Writs, which purports to contain " a clear discovery and 
 " refutation of manifold falsities, forgeries, errors in the 
 " pretended antient treatise and recoi'd (but in truth late 
 " imposture) intituled ' Modus tenendi Parliarnentum,' and 
 " Sir Edward Cokc'a asseverations of its great antiquity 
 
NOTES. XXlll 
 
 " and authority, both by its passages concerning the expenses 
 " of barons of the Cinque Ports, knights, citizens, burgesses 
 " of Parliament, proctors of the clergy, and some other 
 " particulars here discussed, to disabuse all hitherto seduced 
 " by them, and vindicate real truths against fabulous 
 " legends." 
 
 Sir E<'ward Coke's accuracy has been more than once 
 questioned. See Lord Chief Justice Vaughan's observations 
 in Calvin's case, and the argument in Lord Purbeck's case, 
 reported in Shower's Cases in Parliament. Prynne, in his 
 various voluminous vvoi'ks, but more especially in his Anim- 
 adversions on the Fourth Listitute, never allows an oppor- 
 tunity to escape of venting his spleen upon Sir Edward 
 Coke. In a Plea for the Lords, p. 297, Prynne writes thus, 
 " Sir Edward Coke, who hatli an excellent faculty, above all 
 " others I have met with, in mistaking, misreciting, and 
 " perverting records and law books too oftentimes, which 
 " he had no leisure to peruse, which I desire all lawyers and 
 " others to take notice of, who deem all he writes to be 
 " oracle, lest they should be seduced by him." 
 
 (lO) "The Modus tenendi Parliamentum, according to the 
 " title as given in Lord Coke's preface to his ninth book of 
 " Reports, imports to be an account of the manner of 
 " holding the English Parliaments in the time of Edward 
 " the Confessor, and that it was approved of by the first 
 " William, and conformed to in his time and in that of his 
 " successors. To this Modus Lord Coke frequently refers 
 " as a most undoubtedly genuine piece of antiquity ; and in 
 " his Fourth Institute he tells us, that Henry the Second, 
 " after having conquered Ireland, sent a transcript of this 
 " Modus into that country as a model for Parliaments 
 " there ; and that in the reign of Henry 4. this transcript, 
 " whic 1 is known by the name of the Irish Modus, fell into 
 " the lands of Sir Christopher Preston, and was then 
 " exemplilied by Inspeximus under tlie Great Seal of 
 " Ireland. But, notwithstanding all this, the reasons of 
 " Mr. Selden and Mr. Prynne, of whom the former supposes 
 " it to have been an imposture of the time of Edward the 
 " Third, and the latter makes it an invention as late as the 
 "31 Henry 6, seem to furnish unsurmountable objections 
 
 b 1. 
 
XXIV NOTES. 
 
 " against the authority of the English Modus ; and so cou- 
 " vinced of their force was an able advocate for the exist- 
 *' ence of the commons as a constituent piirt of Parliament 
 " before the 49 Henry 3, that he candidly gives up its 
 *< antiquity, though if it could have been defended, it would 
 " have decided the controversy in his favour, for it expressly 
 " mentions citizens and hw gesses as well as knights of the 
 " shire. (See 4 Inst. p. 12. Seld. Tit. Hon. 2d ed. Part 2. 
 " c. 5. s. 26. Pryn. on 4 Inst. 1. and Tyrr. Biblioth. Polit. 
 " 270. 406.) However Dr. Dopping, bishop of Meath, who 
 " in 1692 first published the Irish Modus, feebly endeavours 
 " to defend the antiquity of the supposed transcript in the 
 " time of Henry 2, and two other writers deservedly of 
 " great credit seem inclined the same way. See Molyn, 
 " Case of Ireland, and Harr. Edit, of Ware's Hist, and 
 " Antiq. of Irel. 84. Mr. Selden mentions, that in his time 
 " there were many copies of the English Modus, but I am 
 " not aware that any one is in print." (Hargrave's Note to 
 Litt. 2. 69 b.) 
 
 (ii) Such for instance as the passages at pp. 11. 37. 
 
 (i2) The Editor has neither seen nor heard of any manu- 
 script of the English Modus that does not contain the 
 Proeme, but the Irish Modus which was exemplified in the 
 Sixth of Henry the Fourth is without it, and so also is the 
 copy of the Irish Modus in the German mss., and in that 
 copy King Henry the Fourth's exemplification does not 
 even occur ; it begins thus : " Modus tenendi Parliamenta 
 " et concilia in Hibernia." 
 
 (l3) The "Modus tenendi Parliamentum," in Hibernia, 
 was first published, in 1692, by Anthony Dopping, lord 
 bishop of Meath, and a new edition of it was printed in 
 1712. The bishop believes it to be the same referred to by 
 Sir Edward Coke, and considers it, notwithstanding Prynne's 
 objections, to be an authentic document. 
 
 The copy of the Irish 3Iodus referred to by Coke, Selden, 
 Prynne, and Dopping, professes to be of the time of King 
 Henry the Fourth. It is an exemplification under the Great 
 Seal of Ireland in the sixth year of the reign of King 
 Henry the Fourth, when Sir John Talbot of Hallamshirc 
 was the lord lieutenant. 
 
NOTES. XXV 
 
 The following are the first and final clauses of that 
 exemplification : 
 
 " Henricus, Dei gratia Rex Anglias et Franciae et Dominus 
 " Hiberniae, omnibus ad quos praesentes litterae pervenerint 
 " salutem. Inspeximus tenorem diversorum articulorum in 
 '* quodam rotulo pergameneo scriptorum cum Christofero de 
 " Preston milite tempore arrestationis sute apud villam de 
 " Calne per deputatum dilecti et fidelis nostri Johannis 
 *' Talbot de Halomshire chivaler locum nostrum tenentis 
 " terra nostra Hiberniae nuper factae invento ac coram nobis 
 *' et consilio nostro in eadem terra nostra apud villam de 
 " Trym nono die Januarii ultimo praeterito ostenso in haec 
 " verba : 
 
 " Modus tenendi Parliamenta. 
 ** Henricus Rex Angliae conquestor et dominus Hibernise 
 " mittit banc formam archiepiscopis, episcopis, abbatibus, 
 " prioribus, comittbus, baronibus, justiciariis, vicecomitibus, 
 •' majoribus, prajpositis, ministris- et omnibus fidelibus suis 
 " terrie Hiberniae tenendi Parliamentum." 
 
 (Here follows the Irish Mode, which, in most points, 
 substantially agrees with the English Mode, but the phrase- 
 ology and order of words are different.) The final clause 
 of the exemplification is worded thus : 
 
 " Nos autem tenores articulorum praadictorura de assensu 
 *• praefati locum tenentis et consilii nostri praedicti tenore 
 ** praesentium duximus testificandum. In cujus rei testimo- 
 •' nium has litteras nostras fieri fecimuF patentes. Teste 
 " pracfato locum nostrum tenente ap'd Trym, 12° die 
 " Januarii anno regri nostri sexto." 
 
 There seems to be no reason for doubting the authenticity 
 of the exemplification ; but, before a similar opinion could 
 be maintained regarding the antiquity and authenticity of 
 the parchment roll found in the possession of Sir Chris- 
 topher Preston^ it is necessary that it should be seen and 
 examined. 
 
 Selden, in his " Titles of Honour," pp.743,744, thus writes 
 relative to the Irish Modus : 
 
 " And the same that is said of the credit and authority 
 
 " of this (English) Modus may be likewise said of that 
 
 ' which was found in a Parchment roll with Sir Christopher 
 
XXVI NOTES. 
 
 " Preston, at Calne, in Ireland, under King Henry the 
 " Fourth, not much differing from this usual ' Modus 
 " tenendi Parliamentum' in England, only that it is made 
 *' proper for Ireland, and supposed to have been t at thither 
 " by King Henry the Second, when he conquered Ireland, 
 " for a direction how to hold their Parliament. But the 
 " sense of it is for the most part just like that whereof we 
 " have so many copies for England. It was, as I have 
 " heard, exemplified by Inspeximus under the Great Seal 
 " of Ii'cland by the lord Talbot, lieutenant of Ireland, under 
 " Henry the Fourth, and I had from my worthy friend 
 " Mr. Hackwell of Lincoln's Inn the use of a copy of the 
 " exemplification that was transcribed out of it, when here- 
 " tofore the exemplification itself, under seal, was in his 
 " hands." 
 
 " But whoever was the author of this Irish Modus, I 
 " think, doubtless took it out of this other whereof we have 
 *' so many copies in England, and so fitted it to that king- 
 " dom, not only in the supposed parliamentary forms, but 
 " also in the title, that it might have every way like relation 
 " to Ireland as the other to England. For as that of 
 " England is supposed to have been declared before King 
 " "William, and allowed by him at his conquest, so this also 
 " by Henry the Second at his of Ireland. But I do not 
 " believe that either of them were so ancient as Henry the 
 " Second. His style in it agrees not with any that I have 
 " seen of him. Nor before King Jolm's time were sheriffs 
 " and other officers and dignitaries (according to the English 
 " pattern) so settled there that those dignities and offices to 
 " whom (even as at this day the use is) the Inspeximus is 
 " directed could have had such place in it under Henry the 
 " Second." 
 
 (14) Although it is apparent that Prynne had only seen 
 comparatively modern copies of the Modus, yet it is certain 
 that he was aware that copies as early as the reigns of 
 Edward the Third and Richard the Second had been seen 
 by Selden and Agard, for in his Animadversions on the 
 Fourth Inst., p. 7., he writes, " And no sooner had he 
 '* (Coke) extolled its antiquity and authority in print, but our 
 " most judicious, industrious antiquary Mr. John Scldcn 
 
NOTES. XXVll 
 
 «' (Titles of Honour, p. 708. 710. 718 to 721,) decried it 
 " as a late imposture of a bold fancy, not exceeding the 
 " reign of King Edward the Third." Again, at p. 331 of 
 his Animadversions, Prynne again writes, " In perusing 
 " Mr. Agar's (Agard's) Abridgment of the Placita coram Rege 
 " in the Treasury of the Receipt of the Exchequer, I found 
 " at tlie end of his abridgment and table to the Placita of 
 " King Richard the Second this Modus tenendi Parlia- 
 " mentum, transcribed by him out of a manuscript in Sir 
 " Robert Cotton's library, as relating to the time of Richard 
 " the Second, &c., therefore, in his opinion, its highest 
 " antiquity exceeded not the later end of King Richard the 
 " Second his reign." 
 
 (is) Agard's transcript cannot now be found at the 
 Chapter House. 
 
 (16) Nero D. VI. 
 
 (17) Gruthuyse MS., No. 6049. 
 
 (is) The treatise states that the two knights for a county 
 used not to receive more than 6s. %d. each per diem, but it 
 docs not state that they were always to receive as mucli ; 
 there is one instance on record in which the knights for 
 the county of Northampton received at the rate of 10*. 
 each per diem, being 3«. Ad. more than the maximum men- 
 tioned in the treatise. 
 
 That the knights, however, did not always receive as 
 much as Qs. Sd. each per diem, exclusis^e of their charge for 
 going to and returning from Parliament, is clear from tli« 
 following instances : 
 
 In 1311 the knights for Dorsetshire received .'}«. each per 
 diem, but in 1312 they only had 1*. 6d. each a day, though 
 they claimed o*., exclusive of their expenses in going to and 
 returning from the Parliament. 
 
 In 1313 and 1314 the sum of 4«. a day was paid to each 
 county member, exclusive of the charge for going and 
 returning. 
 
 In 1318 they appear to have had 5s. each. 
 
 In 1319 and several o+her years they had 4*. each per 
 diem, exclusive of going and returning. 
 
 In 1322, at one Parliament, the knights had 4*. each per 
 
XXVlll NOTES. 
 
 diem, and those termed valecti, though returned for a 
 county, only had 2s. each. 
 
 In 1323 the knights received 3s. 4d. each, and the valecti 
 only \s. 8d. 
 
 In 1324 the knights had 2s. 6d. each per diem ; and 
 
 In 1325 they had 3s. 
 
 From the year 1327 the allowance to the county mem- 
 bers, whether knights or valecti, was 4*. per diem each, 
 exclusive of the charge of going to and returning from 
 Parliament ; and this sum appears to have been paid as long 
 as the members received payment for their attendance at 
 Parliament. 
 
 (19) The only two titles of temporal peers mentioned in 
 the Modus are those of earls and barons, a fact which goes 
 far to prove that it was written before any others were 
 created ; the dignity of Duke was first conferred in the 
 eleventh of Edward the Third, and that of Marquis in the 
 ninth of Richard the Second. Moreover, it was enacted in 
 the fifth of Richard the Second, that " whatsoever person 
 " in the kingdom who should thenceforth have summons to 
 " Parliament, be he archbishop, bishop, abbot, prior, duke, 
 " earl, baron, banneret, knight of county, citizen of city, 
 " and burgess of borough, and should be absent, or should 
 " not come on such summons, should be amerced or other- 
 " wise punished." Therefore, had the title of Duke been 
 in existence when the Modus was written, the author of it, 
 who is particularly minute in his description of the dcgi-ees 
 and places in Parliament (p. 25. & 33.) would hardly have passed 
 them over without some notice. Prynue, however, in his 
 Animadversions on the Fourth Institute, states, that the 
 calling over the names of the estates of Parliament was 
 practised pursuant to the statute of 5 Richai'd II. ; and in 
 his "Plea for the Lords," p. 29., he says that the Modus 
 was manufactured out of that statute. In answer to which 
 it may be again stated that the title of Duke is mentioned in 
 that statute, which, had it been known to the author of the 
 Modus, he certainly would not have omitted to mention it. 
 
 (20) That 10*. per diem is a very large allowance no 
 one acquainted with the value of money at the period in 
 
NOTES. XXIX 
 
 question wil attempt to deny ; but it does not follow that 
 the author of the Modus has stated a falsity because the 
 sum is so large, especially as there is among the city 
 ai'chives a document which proves that the members for 
 London were paid 10s. per diem for their parliamentary 
 attendance. 
 
 (21) *• Lit?a dfii Regis ad faciend venif duos dc dis- 
 " crecorib} Civit ad pliain apd Scm Edfn. 
 
 " Die M'cuf gx an festum Sci Mich anno ?. f. E. vice- 
 " simo qrto dir'^tum fuit b?e Dili I^. in h vba. 
 
 " Edwardus Di gfa 'Ic, Custod 't Vic''3 London. Quia 
 " cum comitib) baronib) 't ce?is pceribj regni nfi sup 
 *' remediis cont* picula que cj°dem regno hiis diebi iminet 
 " pvidend coUoquiu here volum° t tractatum p quod eis 
 *' mandavim" qd sint ad nos in cstino aiaj px futuP apud 
 " Scm Edm ad t^ctandu ordinand t faciend quali? sit 
 " picut obviandfi huj^modi 1 statui ej'^dm regni tucius 1 
 " utilius consulendj vob pcipim^ firmi? injungentes qd de 
 " Civitate Pdca duos Gives de discrecoribj Civitatis pdce 
 " sine ditone eligi t eos ad nos ad pdcos diem t locfi venire 
 " fac. Ita qd dci cives plena t sufficiente potestatem p se t 
 " coitate Civitatis pdce tuc ibidem tieant ad faciend qd tfic 
 " de cdmuni consilio ordinabif in pmissis. Ne p defcu 
 " huj^modi potestatis negociu pdcm infectum remaneat quo- 
 " quo modo. Et iioas ibi nola Civiu 'i hoc bfe. T. me 
 " ipo apud Berewyk sup Twedara xxvi. die Augusti anno 
 " ?. n. vicesimo qrto. 
 
 " Per quod quide mandatu convocati fuerut oms Alderfn 
 " ej^d Civitatis 1 quatuor holes de singut ward ej°d 
 " Civitatf qui oms unanimi assensu 1 consensu elefunt 
 " Stepliu Aschewy t Wiitm de Hereford de eundo ad 
 " pliamentu dni I^. apd Scm Edm g comunitate "ic. Et 
 «' concesserut eisd unanimi assensu singut dieb5 g expen 
 " suis eundo t redeundo xx. s." (Palgrave's Pari. "Writs, 
 V0I.L p. 49.) 
 
 (22) Bibliotheca Politica, p. 270. 
 
 (23) The earliest writ summoning the Commons is in the 
 18th of Edw, L See Palgrave's Parliamentary Writs. 
 
XXX NOTES. 
 
 (34) See Peerage Reports, p. 48.). 
 (26) p. 712. 
 
 (26) Brit. p. 122. 
 
 (27) See the report on the dignity of Peer of the Realm. 
 
 (28) This work principally consists of a collection of 
 ancient documents, chiefly relating to ecclesiastical affairs, 
 such as acts, canons, councils, chronicles, lives of saints, 
 letters patent, charters, &c., taken from French monastic 
 libraries. It was originally published in thirteen volumes 
 quarto, 1653-1677. A new edition, in three volumes folio, 
 by Francis Joseph de la Barre was issued in 1725. 
 
 D'Achery does not state where the manuscript is to be 
 found from which he printed the " Modus tenendi Parlia- 
 " raentura ; " but there is a copy of it in the Bibliotheque 
 du Roi at Paris, among the Gruthuyse Manuscripts, which 
 has been collated with D'Achery's text, and they agree 
 litteratim. Monsieur Claude, who kindly und( rtook the 
 trouble of this comparison for me, writes " quoiqu'il en soit 
 " ce MS. est celui de la Gruthuyse, et la collation que j'en 
 " ai faite avec I'imprime, m'a prouv6 jusqu'a la derniere 
 " evidence que c'est celui qui a servi a D. D'Achery pour 
 " faire son edition. II n'y a pas entre ce Ms. et I'edition hv 
 " plus petite variance, soit dans le texte, soit dans les titres. 
 " Le catalogue le donne comme etant du XIV. siecle, et il n'y 
 *' a pas I'ombre d'un doute a elever a cet egard." IM. Claude 
 also states that the copy of the Modus which was made for 
 the late Record Commission, through the intervention of 
 Mx. C. P. Cooper, was taken from the Gruthuyse Manuscript, 
 No. 6049, and that there is no other copy of the Modus in 
 the Bibliotheque du Roi. 
 
 (29) The British Museum does not possess a copy of the 
 edition of 1641. Editions appeared in 1659 and 1671, edited 
 by Mr. Hakewel of Lincoln's Inn. Elsing's Manner of 
 holding Parliaments in England is an original work, and not 
 a translation of the Latin Modus, though there are therein 
 frequent references to the Modus. 
 
 There me several manuscript copies of the English trans- 
 lation extant in the British Museum and College of Arms, 
 
NOTES. XXXI 
 
 the library of Sir Thomas Phillipps, Bart., and clacwhcre. I 
 take this opportunity of returning my thanks to Sir Thomas 
 for his kind libernlity in allowing me thj use in London of 
 his manuscript. 
 
 (30) Extract from Minutes of Evidence taken before the 
 Select Committee on Record Commission, p. 242 : 
 
 " 2731. The next work was the Modus tencndi Parlia- 
 " raentum? — That was printed originally as part of the 
 " Agenda. 
 
 " 2732. In folio ? — Yes ; the Agenda contain a fac-simile 
 ** of a MS. of the Modus tencndi Parliamcntum at Paris. 
 " I printed it on the statement of Sir Francis Palgrave that 
 " it never had been printed. I afterwards discovered, before 
 " it was worked off, that it had been printed in D'Achery's 
 " Spicilegium, a work very little known in this country. I 
 " did not think it worth while to print it in the Agenda ; 
 " but the expense having been incurred I thought it well, 
 " before the type was broken up, to have 250 copies worked 
 *' off in an octuvo form." 
 
 It will be seen in one of Sir Francis Palgrave's reports 
 that one of his proposals was to print this Modus tenendi 
 Parliamcntum. 
 
 Treating of the materials to be used for an early History 
 of Parliament, Sir Francis Palgrave writes, " So mucli 
 " obscurity will indeed remain, even after we have exploi'ed 
 " every document which may be considered as legal evidence, 
 " that it may not be improper to have recourse to other 
 " sources affording collateral or historical illustration of the 
 " nature of the constitution. Even such a manifest forgery 
 " as the Modus tenendi Parliamcntum affords instruction 
 " with regard to prevailing opinion respecting the antiquity 
 " of the House of Commons." (Cooper on Records, Vol. II. 
 p. 6.) 
 
 (31) Mr. Cooper, in his Public Records, writes, "M. Cham- 
 " poUion Figeac has lately informed the compiler, that there 
 " has been discovered in the Bibliotheque du Roi at Paris 
 *' a manuscript of the Modus tenendi Parliamcntum as 
 " ancient as the thirteenth century." (Cooper on Public 
 Records, Vol. 2. p. 6. note 3.) If the opinion of M. Cham- 
 
XXXU NOTES. 
 
 pollion FigetUJ could be substftntiatcd, it would be unimpeach- 
 able evidence that the Modus was written between the years 
 1200 and 1300, but the fact of the account of the coronation 
 of King Richard the Second preceding it proves that the 
 manuscript referred to by M. Champollion Figeac must have 
 been written subsequent to the year 1377. 
 
CONTENTS. 
 
 THE SUMHONINQ OF THE PARLIAMENT - - - page 2 
 
 CONCERNING THE LAITY . . - . . 
 
 CONCERNING THE PORT BARONS . - - . - 6 
 
 CONCERNING THE KNIOUTS OF SHIREfl - - - - 10 
 
 CONCERNING THE CITIZENS - - - - - -10 
 
 CONCERNING THE BURGESSES - - - - - - 12 
 
 CONCERNING THE PRINCIPAL CLERKS OP THE PARLIAMENT - 12 
 
 CONCERNING THE FIVE CLERKS - - - - 16 
 
 CONCERNING DIFFICULT CASES AND JUDGMENTS - - - 16 
 
 CONCERNING THE BUSINESS OF THE PARLIAMENT - - - 22 
 
 CONCERNING THE DAYS AND HOURS OF PARLIAMENT - - 22 
 
 CONCERNING THE DEGREES OF THE PEERS - • • - 24 
 
 CONCERNING THE MODE OF THB PARLIAMENT - - - 26 
 
 CONCERNING THE OPENING OF THE PARLIAMENT - - 26 
 
 CONCERNING THB PREACHING BEFORE THE PARLIAMENT - - 30 
 
 CONCERNING THB DECLARATION IN PARLIAMENT - - - 32 
 
 CONCERNING THE KING'S SPEECH AFTER THB DECLARATION - 32 
 
 CONCERNING THE KING'S ABSENCE FROM FARLLAMENT - - 34 
 
 CONCERNING THB PLACE AND SITTINGS IN THE PARLIAMENT > 36 
 
 CONCERNING THB DOORKEEPER OF THB PARLIAMENT - .36 
 
 CONCERNING THB CRIER OF THE PARLIAMENT - - - 38 
 
 CONCERNING THE STATION OF PERSONS SPEAKING - - 40 
 
 CONCERNING THE KING'S AID - - • - - 40 
 
 CONCERNING THE BREAKING UP OF THB PARLIAMENT - - 44 
 
 CONCERNING TRANSCRIPTS OP RECORDS IN PARLIAMENT - - 46 
 
 S 
 
( 2 ) 
 
 THE MODE OF HOLDING THE PARLIAMENT. 
 
 »>^PW»(W<WM<»»<W»l^<l^»^^»^»^»»^»^*'^< 
 
 Here is described the mode how the Parliament 
 of the King of England and his Englishmen used 
 to be holdcn in the time of King Edward, the son of 
 King Etheldred ; which mode indeed was recited by 
 the more select men of the kingdom before William 
 Duke of Normandy, both Conqueror and King of 
 England, the Conqueror himself commanding it, and 
 by him approved, and used in his own times and also 
 in the times of his successors Kings of England. 
 
 The Summoning of the Paeliament. 
 
 The summoning of the Parliament ought to precede 
 the first day of the Parliament forty days. 
 
 All and singular archbishops, bishops, abbots, and 
 \jriors ought to be summoned and come to the Parlia- 
 ment by reason of their tenure ; and the other chief 
 clergy who hold by county or barony by reason of such 
 tenure ; and none of inferior order, unless their presence 
 
( 3 ) 
 
 MODUS TENENDI PARLIAMENTUM. 
 
 Hic describitur modus, quomodo Parliamentum 
 Regis Angliae et Anglicorum suorum tenebatur tem- 
 pore Regis Edwardi filii Regis Etheldredi ; qui quidem 
 modus recitatus fuit per discretiores regni coram 
 Willielmo Duce Normanniai et Conquestore et Rege 
 AnglijB, ipso Conquestore hoc^ prseqipiente, et per 
 ipsum approbatus, et suis temporibus ac etiam tem- 
 poribus successorum suorum regum Anglia3 usitatus. 
 
 SUMMONITIO PaRLIAMENTI. 
 
 Summonitio Parliamenti praecedere^ debet primuni 
 diem Parliamenti per quadraginta dies. 
 
 Ad Parliamentum summoneri et venire debent, 
 ratione tenurje suae, omnes et singuli archiepiscopi, 
 episcopi, abbates, priores, et alii majores clcri, qui 
 tenent per comitatum vel baroniam, ratione hujus- 
 modi tenura;, et nuUi minores nisi eorum praesentia 
 
 ' hoc ; some siss. have hac. 
 'preecedere ; some Mss. have procedere. 
 
 B 2 
 
( 4 ) 
 
 and coming be required, otherwise than in respect of 
 their tenures, as being of the King's Council, or their 
 presence deemed necessary or useful to the Parliament, 
 and to them the King is bound to furnish their costs and 
 expenses in coming to and tarrying at the Parliament ; 
 nor ought such inferior clergy to be summoned to 
 the Parliament, but the King used in like manner 
 to issue his writs to such persons, enjoining them to 
 be present at his Parliament. 
 
 Also the King used to issue his summonses to the 
 archbishops, bishops, and other exempt persons such as 
 abbots, priors, deans, and other ecclesiastical persons 
 who have jurisdictions by such exemptions and privi- 
 leges, separately, that they, for each deanery and arch- 
 deaconry of England, should cause to be elected, by the 
 deaneries and archdeaconries themselves, two expe- 
 rienced and fit procurators from their own archdeaconry 
 to come and be present at the Parliament, to undertake, 
 allege, and do the same which all and singular the 
 persons of thoae deaneries and archdeaconries would 
 do if they were there personally present. 
 
 And that such procurators shall come with their dupli- 
 cate warrants, sealed with the seals of their superiors. 
 
( 5 ) 
 
 et eventus aliunde quam pro tenuris suls requiratur, ut 
 61 sint^ de consilio regis, vel eorum pnesentia- neces- 
 8aria vel utilis reputetur ad Parliamentum ; et illis 
 tenetur Rex ministrare sumptus et expensas suas de' 
 veniendo et morando ad Parliamentum ; nee debent 
 hujusmodi* clerici minores summoneri ad Parliamen- 
 tum, sed Rex solebat talibus pariter^ mittere^ brevia 
 sua rogando quod ad Parliamentum suum interessent. 
 
 Item, Rex solebat facere summonitiones suaa archi- 
 episcopis, episcopis, et aliis exemptis personis, ut 
 abbatibus, prioribus, decanis, et aliis ecclesiasticis per- 
 sonis, qui habent jurisdictiones per hujusmodi exemp- 
 tiones et privilegia separatim, quod ipsi pro quolibet 
 decanatu et archidiaconatu Angliae per ipsos decanatus 
 et' arcliidiaconatus eligi facerent duos peritos et idoneos 
 procuratores de proprio archidiaconatu ad veniendum 
 et interessendum ad Parliamentum, ad illud sub- 
 eundum, allegandum® et faciendum idem quod facerent 
 omnes et singula personaj ipsorum decanatuum et 
 archidiaconatuum, si ibidem personaliter interessent. 
 
 Et quod hujusmodi procuratores veniant cum wa- 
 rantis suis duplicatis, sigillis superiorum suorum signatis, 
 
 ' ut si sint; some Mss. have et si sint. 
 
 * et eventus to prasentia. These -words are not in the transcript 
 sent from Paris, but they occur in the best mss. in England, and also in 
 the Spicilegium. 
 
 " de ', some mss. read in, 
 
 * hujusmodi; some mss. read ejusmodi. 
 
 * pariter ; some mss. read peritis, 
 
 " mittere ; some mss. read mandare. 
 
 ' ct ; some MSS. omit et. 
 
 " idleijandum ; some mss. read allocandum. 
 
 B 3 
 
( 6 ) 
 
 that they are the clergy sent to such procuratorship; 
 one of which warrants shall be delivered to the clerks 
 of the Parliament to be enrolled, and the other shall 
 remain in possession of the procurators themselves, and 
 thus under these two classes ought the whole dcrgy to 
 be summoned to the Parliament. 
 
 CONCEBNING THE LaITY. 
 
 Also there ought to be summoned and come all 
 and singular the earls and barons and their peers, 
 that is, those who have lands and rents to the value 
 of a county or entire barony, to wit, twenty knights 
 fees, each fee being computed at twenty pounds, 
 which make four hundred pounds in the whole ; or 
 to the value of an entire barony, that is, thirteen 
 knights fees and the third part of one knight's fee, 
 each fee being computed at twenty pounds, which make 
 four hundred marks in the whole; and none of the 
 inferior laymen ought to be summoned or come to 
 the Parliament in respect of their tenure, unless their 
 presence for other causes bt useful or necessary to the 
 Parliament, and then it shall be done concerning them 
 as it has been said concerning the inferior clergy, 
 who by virtue of their tenure are in nowise bound to 
 come to the Parliament. 
 
 Concerning the Port Barons. 
 
 Also the King is bound to send his writs to the 
 warden of the Cinq Ports, that he cause two fit and 
 
( 7 ) 
 
 quod ipsi ad hujusmodi procurationem clerici* misai 
 sunt, quarum litterarum una liberabitur clericis de 
 Parliamento ad irrotulandum et alia residebit penes 
 ipsos procuratores ; et sic sub istis duobus generibus 
 summoneri de>>et totus clerus ad Parliamentum. 
 
 De Laicis. 
 
 Item, summoneri et venire debent omnes et singuli 
 comites et barones, et eorum pares, scilicet illi qui 
 Iiabent terras et redditus ad valentiam comitates vel 
 baroniae integraj, videlicet viginti feoda unius militis, 
 quolibet feodo computato ad viginti libratas, qua3 
 faciunt quadringentas libratas in toto, vel ad valentiam 
 unius baroniaa integrae, scilicet tresdecim feoda et 
 tertiam partem unius feodi militis, quolibet feodo com- 
 putato ad viginti libratas, quae faciunt in toto quadrin- 
 gentas^ marcas ; et nulli minores laici summoneri nee 
 venire debent ad Parliamentum, ratione tenura; sua?, 
 nisi eorum prajsentia aliis de causis fuerit utilis vel 
 necessaria ad Parliamentum, et tunc de illis fieri debet 
 sicut dictum est de minoribus clericis, qui ratione 
 tenuraj suaj ad Parliamentum venire minime tenentur. 
 
 De Bakonibus Portuum. 
 
 Item, Rex tenetur mittere brevia sua custodi 
 Quinque Portuum quod ipse eligi^ faciat* dc quo- 
 
 ' clerici ; the earliest mss. in England read electi, 
 
 * quadringentas ; some mss. read quadraginla. 
 
 * eligi ; some mss. read eligere. 
 
 ' qiiud ipse eligi facial ; some mss. read quod ipsi eligi faciant or 
 J'accrcnt, 
 
 B 4 
 
( 8 ) 
 
 experienced barons to be elected from each port, by the 
 port itself, to come and be present at his Parliament, to 
 answer, undertake, allege, and do the same which their 
 baronies would do as if all and singular the persons 
 of those baronies were there personally present; and 
 that such barons come with their duplicate warrants, 
 sealed with the common seals of their ports, that they 
 are duly elected and attorned for this purpose, and sent 
 for those baronies, one of which warrants shall be 
 delivered to the clerks of the Parliament, and the other 
 shall remain in the possession of the barons them- 
 selves. And when such port barons, leave having 
 been obtained, had departed from the Parliament, then 
 they used to have a writ under the Great Seal directed 
 to the warden of the Cinq Ports, that he should cause 
 such barons to have from the commonalty of the port 
 their reasonable costs and expenses from the first day 
 they came to the Parliament till the day they were per- 
 mitted to return home, express mention being also made 
 in that writ of the stay they had made at the Parliament, 
 of the day on Avhich they came there, and of that on 
 which they had leave to return ; and sometimes mention 
 used to be made in the writ how much such barons 
 ought to receive by the day from those commonalties, 
 some, to wit, more, some less, accordhig to the means, 
 rank, and respect of the persons, nor was it customary 
 for more than twenty sliillings a day to be expended 
 on those two barons, regard being had to their stay. 
 
( 9 ) 
 
 libet portu per ipaum portum duos idoneos et peritos 
 barones ad vcniendum ct interessendum ad Parliamen- 
 tum suum ad respondendum, subeundum, allegandum, 
 et faciendum idem quod^ baroniae suae, ac si ipsi de 
 baroniis^ Ulis omnes et singuli personaliter intercs- 
 sent ibidem ; et quod barones hujusmodi veniant cum 
 warantis suis duplicatis, sigillis communibus Portuum 
 suorura signatis, quod ipsi rite ad hoc electi, et 
 attornati sunt, ct missi pro baroniis illis, quarum una 
 libcrabitur clericis de Parliamento, et alia residebit 
 penes ipsos barones, Et cftm hujusmodi barones Por- 
 tuum, lie itia optenta, de Parliamento recessum 
 fecerant'', tunc solebant habere breve de magno sigillo 
 custodi Quinque Portuum, quod ipse rationabiles 
 simipLus et expensas suas hujusmodi baronibus habere 
 faceret de communit, e Portus illius, a primo die quo 
 versus Parliamentmn venerint usque ad diem quo ad 
 propria redierint*, facta etiam expressa mentione in 
 brevi illo de mora quam fecerint ad Parliamentum, 
 de^ die quo venerint, quo*^ licentiati fuerint redeundi ; 
 et solebat mentio fieri aliquando in brevi quantum 
 hujusmodi barones capere debent de commimitatibus 
 illis per diem, scilicet aliqui plus, aliqui minus, secun- 
 dum personarum habilitates, honestates, et respectus, 
 nee solebat poni per duos barones per diem ultra 
 viginti solidos, habito respectu ad illorum'^ moras. 
 
 ■ quod; some siss. read quod facerent, 
 
 * baroniis ; some mss. read baronibus, 
 
 ^ lecessum fecerant ; some mss. read recessuri fuerant. 
 
 * redierint ; some Jiss. read redierant. 
 
 ' de ; in some mss. the words are et de, 
 •* quo ; some mss. read et quo, 
 ' illorum } some usa. read eorum. 
 
( 10 ) 
 
 labours, and expenses ; nor are such expenses certainly 
 to be allowed by the court to any persons so elected 
 and sent for the commonalties, unless those persons 
 had conducted themselves well and honourably in the 
 Parliament. 
 
 Concerning the Knights op Shires. 
 
 Also the King used to send his writs to all the 
 sheriffs of England, that each of them for his own 
 county should cause two fit, honourable, and experienced 
 knights to be elected, by the county itself, to come 
 to his Parliament in like manner as it has been said of 
 the Port Barons, and of their warrants in like manner, 
 but for the expenses of the two knights by one 
 county there used not to be paid more than one 
 mark a day. 
 
 Concerning the Citizens. 
 
 In the same manner it used to be commanded to 
 the mayor and sheriffs of London, and the mayor and 
 bailiffs or the mayor and citizens of York and other 
 cities, that they for the commonalty of their city 
 should elect two fit, honourable, and experienced citi- 
 zens to come and be present at the Parliament in the 
 same manner as it has been said concerning the barons 
 of the Cinq Ports and the knights of shires ; and 
 
( 11 ) 
 
 labores ct expensas, nee solent hujusmodi cxpcnsa; \n 
 certo reponi per curiam pro quibuscumque personis sic 
 clectis et missis pro communitatibus, nisi pcrsonie ipsa; 
 fuerint honcsto ct bene se habentes in Parliamento. 
 
 De Militibus. 
 
 Item, Rex solebat mittere brevia sua omnibus 
 vicecomitibus Angliae, quod ellgi facerent quilibet de 
 8U0 comitatu per ipsum comitatum duos milites idoneos, 
 et honestos, et peritos, ad veniendum ad Parliamentum 
 suum, eodem modo quo dictum est de baronibus Por- 
 tuum, et de warantis suis eodem modo, sed pro expensis 
 duorum militum de uno comitatu non solet poni ultra 
 imam marcam per diem.* 
 
 De Civibus. 
 
 Eodem modo solebat mandari majori ct vicecomiti- 
 bus Londoniarum^, et majori ct baJlivis vel majori et 
 civibus Eborum et aliainim civitatum, quod ipsi pro com- 
 munitate^ civitatis suae eligerent duos idoneos, honestos, 
 et peritos cives ad veniendum et interessendum ad 
 Parliamentum eodem modo quo dictmn est de baro- 
 nibus Quinque Portuum et militibus comitatuum; et 
 
 * per diem. In some mss, of later date the following words occur 
 after per diem : " et nunc per diem octo solidos videlicet pro qmlibet 
 " eorum quatuor solidos." 
 
 ^ Londoniarum ; some mss. read Londonice, 
 
 ' communitate ; some mss. read comitatu. 
 
( 12 ) 
 
 the citizens used to be on a par and equality with the 
 knights of shires in the expenses of coming, tarrying, 
 and returning. 
 
 Concerning the Burgesses. 
 
 In the same manner also it used and ought to be 
 commanded to the bailiffs and good men of boroughs 
 that they should elect two fit, honourable, and experienced 
 burgesses from among themselves and for themselves 
 to come and be present at the Parliament in the same 
 manner as it has been said of citizens, but the two 
 burgesses used not to receive for their expenses more 
 than ten shillings for one day, and sometimes not more 
 than half a mark, and this used to be taxed by the 
 court according to the greatness and power of the 
 borough and according to the credit of the persons 
 sent. 
 
 Concerning the principal Clerks op 
 THE Parliament. 
 
 Also the two principal clerks of the Parliament 
 who shall inroU ail the pleas and transactions of the 
 Parliament shall sit in the midst of the justices. 
 
 And be it known that those two clerks are not subject 
 to any of the justices, nor is any justice of England in 
 the Parliament, nor have they by themselves records in 
 the Parliament, except so far as a new power is assigned 
 or given to them in the Parliament by the King and peers 
 of Parliament, as when they are assigned with others 
 
( 13 ) 
 
 solebant elves esse pares ct equales cum inilltibuB comi- 
 tatuum^ la cxponsis vcnicndo, moraudo ot rcdcundo. 
 
 De BURGENSIBUS. 
 
 Item, eodcm^ modo solebat et debet mandari ballivis 
 et probia hominibua burgorum, quod ipsi ex se ct pro se 
 cligant duos idoncos, honestos, et peritoa burgcnscs ad 
 veniendum et interessendum ad Parliamentum codcm 
 modo quo dictum est de civibus ; eed duo burgenses 
 non solebant percipere pro cxpcnsis suis per unum 
 diem ultra decem solidos, et aliquando ultra dimidiam 
 marcam, et hoc solebat taxari per curiam, secundum 
 magnitudinem et potestatem burgi ct secundum hones- 
 tatem personarum missarum. 
 
 ^De Principalibus Clericis Parliamenti. 
 
 Item, duo clerici principales Parliament! secabunt 
 in medio justiciariorum, qui irrotulabunt omnia placita 
 et negotia Parliamenti. 
 
 Et sciendum quod illi duo clerici iOn sunt subjecti 
 quibuscumque justiciariis, nee est aliquis justiciarius 
 Angliaj in Parliamento, nee habent per se recorda in 
 Parliamento, nisi quatenus assignata vel* data fuit eia 
 nova potestas in Parliamento per regem ct pares 
 Parliamenti, ut quando assignati sunt cum aliis secta- 
 
 ' comitatuum ; some Mss. read comitatus. 
 
 ' Item, eodem ; some mss. read eodem ; others Item, eo. 
 
 * In some mss. the sections occm- in a different order from that in 
 the present text ; and from an expression in the paragraph " Concem- 
 " ing the Mode of the Parliament" (p. 26.) it is evident that it differs 
 from that in the original ms. 
 
 * vel; some mss. read et. 
 
( 14 ) 
 
 tJie su'.lors' of the Parliainent to liear and determine 
 the divers petitions and plaints laid 1)cfbre the Parlia- 
 ment ; and these two clerks are subject immediately to 
 the King and his Parliament in common, unless jKjr- 
 chance one or two justices be assigned to them to 
 examine and amend their inrohnents, and when peers 
 of the Parliament are assigned specially by themselves 
 to hear and examine any petitions, then when they 
 shall be unanimous and agreed in rendering their judg- 
 ments on such petitions, they shall recite the proceeding 
 had therein, and shall render their judgments in full 
 Parliament, so that those two clerks may inrol prin- 
 cipally all pleas and all judgments in the principal roll 
 of Parlijunent, and deliver those rolls to the King's 
 treasurer before the Parliament be permitted to break 
 up, so that by all means those rolls be in the Treasury 
 before the recess of Parliament, reserving nevertheless 
 to the same clerks the transcript or counter-roll thereof 
 if they wish to have it. These two clerks, unless they 
 be in some other office under the King and take fees 
 from him wherewith they can live creditably, shall receive 
 of the King one mark a day for their expenses by 
 equal portions, unless they be at the board of the lord 
 
 ' Persons owing suit and service. 
 
( ir> ) 
 
 toribus Parliameiiti nil aiuliendiim ct tcnnlnanduin 
 divcrsas petitioncs ct quoreliw in Parlianicnto por- 
 rcctas'; ct sunt illi duo clcrici immediate subjceti 
 regi ct Parliamcnto suo in comnmni, nisi fortii unus 
 justiciarius vcl duo assigncntur eis ad oxaminanda ct 
 cmendanda eorum irrotulamcnta, ct cftm pares Parlia- 
 menti cassignati sunt ad audicndas ct examinandas 
 aliquaa pctitiones spccialiter per sc, tunc cilm ipsi 
 fuerint unanimes ct Concordes in judiciis suis reddcndis 
 super ejusmodi* petitionibus, rccitabunt^ ct processum 
 super eisdem habitum* ct reddent judicia in plcno 
 Parliamcnto, ita qu6d illi duo clerici principaliter 
 irrotulent omnia placita ct omnia judicia in principali 
 rotulo Parliamenti, ct cosdem rotulos libcrent ad thc- 
 saurarium regis antcquam Parliaracntum licentietur^ 
 ita quod omni modo sint illi rotuli in Thesauraria ante 
 recessum Parliamenti, salvo tamen eisdem clericis inde 
 transcripto, sive contrarotulo si id habere vclint. Isti 
 duo clcrici, nisi sint in alio officio* cum rege, ct feoda 
 capiant de eo, ita quod inde honestc vivcrc poterint, 
 de rege capiant per diem unam marcam pro' expensis 
 suis per equales portiones, nisi sint ad mcnsam domini 
 
 ' porrectas ; some mss. read correctas. 
 
 * ejusmodi ; some mss. read hujusmodi. 
 
 ' recitabunt; some mss. read tunc recitabunt, and others add hujus- 
 modi petitiones. 
 
 * et processum super eisdem habitum ; some mss. read et processu super 
 eisdem reddito. 
 
 * antequam Parliamentum licentietur ; some M88. read ante Parliamen- 
 tum licenciatum, 
 
 ' alio officio; some mss. read aliquo officio; others uliis officiis. 
 ' pro ; some MSS. read cum. 
 
( le ) 
 
 the King, then they sliall take beaide their table half 
 a mark per day by equal portions, during the whole 
 Parliament. 
 
 Concerning the Five Clerks. 
 
 Also the King shall assign five skilful and approved 
 clerks, of whom the first shall assist and attend the 
 bishops, the second the procurators of the clergy, the 
 third the earls and barons, the fourth the knights 
 of shires, the fifth the citizens and burgesses; and 
 each of them, unless he be under the King, and receive 
 from him such fee or wages wherewith he can creditably 
 live, shall receive from the King two shillings a day, 
 unless he be at the board of the lord the King, then 
 he shall receive twelve-pence a day ; which clerks shall 
 write their questions and the answers which they make 
 to the King and Parliament, and shall be present at 
 their council whenever they wish to have them, and 
 when they are unemployed they shall assist the principal 
 clerks to inroL 
 
 Concerning difficult Cases and Judgments. 
 
 When any dispute, question, or difficult case, 
 whether of peace or war, shall arise in or out of the 
 kingdom, the case shall be related and recited in writ- 
 ing in full Parliament, and be treated of and debated 
 on there among the peers of the Parliament, and if 
 it be necessary it shall be enjoined by the King, or on 
 
( 17 ) 
 
 regis, tunc capient prtetei' mensam suam per diem 
 dimidiatn maream per equales portiones, per totum 
 Parliamentum. 
 
 De quinque Clericis. 
 
 Item, Rex assignabit quinque clericoa peritos et 
 approbates, quorum primus ministrabit et serviet epis- 
 copis, secundus procuratoribus cleri, tertius comitibus 
 et baronibus, quartus militibus comitatuum, quintus 
 civibus et burgensibus, et quilibet eorum, nisi sit cum 
 rege et capiat de eo tale feodum sen talia vadia' quod 
 inde honeste possit vivere, capiet de rege per diem 
 duos solidos; nisi sint ad mensam domini regis, tunc 
 capiant per diem duodecim denarios ; qui clerici 
 scribent eorum dubitationes et responsiones quas 
 faciunt regi et Parliamento, et^ intererunt ad sua 
 consilia ubicumque eos habere voluerint ; et, cum ipsi 
 vacaverint, juvabunt clcricos principales ad irrotu- 
 landum. 
 
 De Casibus et Judiciis difficilibus. 
 
 Cum briga, dubitatio, vel casus difficilis sit' pacis 
 vel guerrae, emergat in regno vel extra, referatur et 
 recitetur casus ille in scriptis in pleno Parliamento, 
 et tractetur et disputetur ibidem inter pares Parlia- 
 ment!, et, si necesse sit, injungatur per regem seu ex 
 
 ' de eo tale feodum sen talia vadla ; some mss. read talia feoda et 
 vadia. 
 
 • et ; some mss. omit et. 
 
 ' sit ; some MSS, omit this word, others have sive in place thereof. 
 
 
 
( 18 ) 
 
 his behalf if he be not present, to each degree of peers, 
 that each degree proceed by itself, and the case shall 
 be delivered in writing to its clerk, and in an appointed 
 place they shall cause him to recite the case before 
 them, so that they may order and consider among 
 themselves how it may be better and more justly 
 proceeded in as they shall be willing to answer before 
 God for the King's person and their own persons, and 
 for the persons of those whom they represent ; and 
 they shall report their answers and advice in writing, 
 that all their answers, counsel, and advice being 
 heard on all sides, it may be proceeded in according to 
 the best and soundest counsel, and w^here at least the 
 major part of Parliament agrees. And if by disagree- 
 ment between them and the King and any nobles, or 
 perchance between the nobles themselves, the peace of 
 the kingdom be disturbed, or the people or country 
 troubled, so that it seem to the King and his council 
 that it be expedient that this business be treated of 
 and amended by the consideration of all the peers 
 of his kingdom ; or if the King and kingdom be 
 troubled by war, or if a difficult case arise before the 
 chancellor of England, or a difficult judgment be to 
 be rendered before the justices, in such like cases, and 
 if perchance in such like deliberations all or at least 
 the greater part cannot agree, then the earl steward, 
 the earl constable, and the earl marshal, or two 
 
( 19 ) 
 
 parte regis, si Rex non intersit, cuilibet graduiim 
 parium quod quilibet gradus adeat per se, et liberetur 
 casus ille clerico suo in scriptoS et in certo^ loco 
 recitare faciant coram eis casum ilium; ita quod ipsi 
 ordinent et considerent inter ^ se qualiter melius et 
 justius procedi poterit in casu illo*, sicut ipsi pro per- 
 sond regis et eorum propriis personis, ac etium pro 
 personis eorum quorum personas ipsi representant, 
 velint coram Deo respondere, et suas responsiones et 
 avisamenta reportent in scriptis, ut omnibus eorum 
 responsionibus, consiliis et avisamentis hinc inde 
 auditis, secundum melius et sanius consilium proce- 
 datur, et ubi saltern major pars Parliamenti concordet. 
 Et^ si per discordiam inter eos et regem et aliquos 
 magnates, vel fort^ inter ipsos magnates, pax regni 
 infirmetur, vel populus vel patria tribuletur, ita quod 
 videtur regi et ejus consilio quod expediens sit quod 
 negotium illud tractetur et emendetur per considera- 
 tionem omnium parium regni sui, vel si per guerram 
 rex et regnum tribulentur, vel si casus difficilis coram 
 cancellario Angliaj emergat, seu judicium difficile coram 
 justiciariis fuerit reddendum, et hujusmodi, et si forte 
 in hujusmoJi deliberationibus omnes vel saltem major 
 pars concordare non valeant, tunc comes senescallus, 
 comes constabularius, comes marescallus ", vel duo 
 
 ' scripto ; some mss. read scriptis. 
 
 ' certo ; some mss. read tertio, 
 
 '■' inter ; some mss. read coram. 
 
 * in casu illo ; some mss. read in causa ilia. 
 
 ' Et ; some mss. read nt. 
 
 ' comes viarescallus ; some mss. i-ead et comes mnrescaJhtt. 
 
 C 2 
 
( 20 ) 
 
 of them, shall elect twenty-five persons out of all the 
 peers of the realm, that is, two bishops and three 
 procurators for the whole clergy ; two earls and three 
 barons, five knights of shires, five citizens, and [five'] 
 burgesses, which make twenty-five ; and these twenty- 
 five may select twelve from among themselves, and 
 reduce themselves to that number, and these twelve 
 may reduce themselves to six, and those six may still 
 further reduce themselves to three, but those three 
 cannot reduce themselves to a less number unless 
 licence be obtained from our lord the King ; and should 
 the King give his consent, then those three may reduce 
 themselves to two, and one of those two may delegate 
 his power to the other, and thus, finally, his ordinance 
 will stand superior in authority to the whole Parlia- 
 ment ; and so by reduction from twenty-five persons to 
 one individual person, iinless the greater number be 
 able to come to agreement and give judgment ; in fine, 
 one single individual, as it is said, who cannot disagree 
 with himself, shall ordain for all ; reserving to our lord 
 the King and his council the power of examining and 
 amending such ordinances after they have been written, 
 if they know how and wish so to do, so that it be there 
 then done in full Parliament, and with the consent of 
 Parliament, and not otherwise. 
 
 ' The context requires that there shall be five citizens and five burgesses 
 to make up the number of twenty-five. The whole paragraph however 
 is very obscure, but the sense seems that the members have power to reduce 
 their niunbers and delegate their power to such reduction. " Conde- 
 " soendere" implies yielding to the decision of the diminished party, and 
 this appears from a single person at last having the power of the whole 
 twenty-five. 
 
( 21 ) 
 
 eorum eligent viginti quinque personas de omnibus 
 paribus regni, scilicet duos episcopos, et tres procura- 
 tores, pro toto clero, — duos comites et tres barones, 
 quinque milites comitatuum, quinque cives et burgen- 
 ses, — qui faciunt viginti quinque ; et illi viginti 
 quinque possunt eligere ex seipsis duodecim et conde- 
 scendere in eis, et ipsi duodecim sex et condescendere 
 in eis, et ipsi sex adhuc tres et condescendere in eis, 
 et illi tres in paucioribus condescendere non possunt, 
 nisi optenta licentiS, a domino rege, et si rex consen- 
 tiat, illi* tres possunt in duos, et de illis duobus alter 
 potest in alium descendere ; et ita demum stabit sua 
 ordinatio supra totum Parliamentum ; et ita conde- 
 scendendo a viginti quinque personis usque ad unam 
 personam solam, nisi numerus major concordare valeat 
 et ordinare, tandem sola persona, ut est dictum, pro 
 omnibus ordinabit^, quaj cmn se ips^ discordare non 
 potest; salvo domino regi et ejus concilio quod ipsi 
 hujusmodi ordinationes postquam scripta; fuerint ex- 
 aminare et emendarc valeant, si hoc facere sciant et 
 velint, ita quod hoc ibidem tunc fiat' in pleno Parlia- 
 mento, et de consensu Parliamcnti, et non retro 
 Parliamentum. 
 
 ' illi; some mss. read iw. 
 * ordinabit ; some mss. read ordinavit. 
 
 ^fiat; some mss. omit /a<,^but in others^ it occurs after Parlia- 
 mentum. 
 
 C 3 
 
( 22 ) 
 
 Concerning the Business of the Parliament. 
 
 The business for which the Parliament is held ought 
 to be deliberated on according to the calendar of Par- 
 liament, and according to the order of petitions deli- 
 vered and filed, without respect of persons, but who 
 first proposes shall first act. In the calendar of Parlia- 
 ment all business of the Parliament ought to be regarded 
 in the following order : first, concerning war, if there 
 be war, and other affairs touching the persons of the 
 King and Queen and their children ; secondly, concern- 
 ing the common affairs of the kingdom, such as making 
 laws against the defects of original laws, judicial and 
 executorial, after judgments rendered, which are chiefly 
 common affairs ; thirdly, private business ought to be 
 regarded, and this according to the order of the filing 
 of petitions as is aforesaid. 
 
 Concerning the Days and Hours of 
 Parliament. 
 
 The Parliament ought not to be holden on Sundays, 
 but it may be held on all other days, that day always 
 excepted and three others, to wit. All Saints, All Souls, 
 and the Nativity of Saint John the Baptist; and it 
 ought to begin at midprime on each day, at which hour 
 the King is bound to be preacnt at the Parliament, and 
 
( 23 ) 
 
 De Neqotiis Parliamenti. 
 
 Negotia pro quibua Parliamentum summonitum ^ est 
 debent deliberari secundum kalendarium Farliamentlj et 
 secundum ordinem petitionum liberatarum, et affilata- 
 rum, nullo habito respectu ad quorumcumque personas, 
 sed qui prius proposuit prius agat. In kalendario Par- 
 liamenti rememorari debent omnia negotia Parliamenti 
 sub isto ordine; primo de guerrfi, si guerra sit, et de 
 aliis negotiis personas regis ^, reginae, et suorum libe- 
 rorum tangeniibus ; secund6 de negotiis coramunibus 
 regni, ut' de legibus statuendis contra defectus legum 
 originalium, judicialium, et executoriarum, post judicia 
 reddita quaj sunt maxime communia negotia*; tercio 
 debent rememorari negotia singularia, et hoc secundum 
 ordinem filatarum^ petitionum, ut prajdictiun est. 
 
 De Diebus et Horis ad Parliamentum. 
 
 Parliamentum non debet teneri diebus dominicis, 
 sed cunctis aliis diebus, illo die semper excepto, aliis- 
 que° tribus, scilicet Omnium Sanctorum, et Animarum, 
 et Nativitatis Sancti Johannis Baptists;, potest teneri ; 
 et debet singulis diebus inchoari horS, media prima, 
 qua hora rex tenetur Parliamentum interesse, et 
 
 ' summonitum ; omitted in some M88. 
 
 * regis ; some mss. read regis et. 
 
 * ut; some mss. read et. 
 
 * maxime communia negotia; some mss. read maxima negotia, and 
 others end the paragraph here, omitting all from tercio to ut pradictum 
 est. 
 
 ^filatarum; some mss. read Jilacior urn, 
 " aliisque ; some mss. read el aliis. 
 
 c 4 
 
( 24 ) 
 
 all the peers of the Realm ; and the Parliament ought 
 to be held in a public and not in a private or obscure 
 place ; on festival days the Parliament ought to begin 
 at prime hour on account of divine service. 
 
 Concerning tjie Degrees of the Peers. 
 
 The King is the head, beginning, and end of Parlia- 
 ment, and so he has no peer in his degree, and so the 
 first degree consists of the King alom ; the second degree 
 is of the archbishops, bishops, abbots, priors holding by- 
 barony; the third degree is of the procurators of the 
 clergy ; the fourth of the earls, barons, and other 
 magnates and nobles, holding to the value of a county 
 or barony, as is aforesaid under the head of the laity ; 
 the fifth is of the knights of shires ; the sixth of the 
 citizens and burgesses. And so Parliament is composed 
 of six degrees. But it must be known that although 
 any of the said degrees, below the King, be absent, if 
 they have been summoned by reasonable summonses of 
 Parliament, the Parliament shall nevertheless be con- 
 sidered complete. 
 
( 25 ) 
 
 omnes pares Regni; ct Parliamentum debet tenon in 
 loco publico, et non In private, ncc in occulto loco': 
 in (liebus festivis Parliamentum debet inchoari hor& 
 prima propter divinum servitium. 
 
 De GiiADiBus Parium.^ 
 
 Rex eat caput, principium, ct finis Parliamenti, et 
 ita non habet parem in suo gradu, et ita ex rege solo 
 est primus gradus; secimdus gradus est ex archiepis- 
 copis, episcopis, abbatibus, prioribus, per baroniam 
 tenentibus ; tcrtius gradus est de procuratoribus cleri ; 
 quartus de comitibus, baronibus et aliis magnatibus 
 et proceribus, tenentibus ad valentiam ccnitatus ct 
 baronia3, sicut pra^dictum est in titulo de laicis ; quintus 
 est de militibus comitatuiun ; sextus dc civibus et bur- 
 gensibus : et ita est Parliamentum ex sex gradibus. 
 Sed sciendum est quod licet aliquis dictorum graduum 
 post regem absentet, dum tamen omnes praemuniti 
 fuerint per rationabiles summonitiones Parliamenti, 
 nihilorainus censetur esse plenum. 
 
 ' et omnes to in occulto loco. The French and the oldest English mss. 
 read as follows : " et omnes pares Parliamenti dehent teneri occulto loco " 
 but the words in the text, which are found in two mss., one written in 
 the reign of King Henry the Sixth, and the other about twenty years 
 later, are wanting to perfect the sense. 
 
 ' In some mss. this section is the last in the Treatise. 
 
( 26 ) 
 
 Concerning the Mode of the Pauliament. 
 
 The form having been first shown how, to whom, and 
 at what time the summons of the Parliament ought to 
 be issued, and who ought to come by summons, and 
 who not ; it is, secondly, to be related, who they are who, 
 by virtue of their offices, ought to come, and are bound 
 to be present during the whole Parliament, without 
 summons; whence it is to be observed that the two 
 principal clerks of Parliament chosen by the King and 
 his council, and the other secondary clerks, of whom and 
 their offices it will be more particularly treated hereafter ^ 
 and the chief ciyer of England with his under cryers, 
 and the chief usher of England, which two offices, viz., 
 of cryer and usher, used to belong to one and the 
 same, — these officers are bound to be present on the 
 first day, the chancellor of England, the treasurer, 
 the chamberlain, and barons of the Exchequer, the 
 justices, all clerks and knights of the King, together 
 with the King's sergeants at pleas, who are of the 
 King's council, are bound to be present on the second 
 day, unless they have reasonable excuses that they 
 cannot be present, and then they ought to send good 
 excuses. 
 
 conceening the opening of the 
 Parliament. 
 
 The Lord the King shall sit in the middle of the 
 larger bench, and is bound to be present at prime, 
 on the sixth day of the Parliament, and the chan- 
 cellor, treasurer, and barons of the Exchequer, 
 
 ' The section relating to the clerks has already occurred, wherefore 
 it is evident that the sections in the original mss. were arranged in 
 a different order, and in more modern copies they are so still. 
 
( 27 ) 
 
 De Modo Parliament!.' 
 
 Ociteu»d primu f'ormS, qualiter* cuilibct ct vi quanto 
 tempore auramonitio Parliamenti fieri debet, et qui 
 venire debent per summonitionem, et qui non ; secundu 
 dicendum est qui sunt qui ratione officiorum euorum 
 venire debent, et interesse tenentur per totum Parlia- 
 mcntum, sine summonitione ; unde advertendum est 
 quod duo clerici principales Parliamenti electi per 
 regem et ejus concilium, et alii clerici secundarii de 
 quibus et quorum officiis dicetur specialius post, et 
 principalis clamator Angliae cum subclamatoribus suis, 
 et principalis hostiarius Angliae, quae duo officia, scilicet 
 officium clamatorise et hostiariae, solebant ad unum et 
 idem pertinere, — isti officiarii tenentur interesse primo 
 die : cancellarius Angliae, thesaurarius, camerarius, et 
 barones de scaccario, justiciarii, oranes clerici et milites 
 regis, una cum servientibus regis ad placita, qui sunt 
 de concilio regis, tenentiu* interesse secundo die, nisi 
 rationabiles excusationes habeant ita quod interesse 
 non possent, et tunc mittere debent bonas excu- 
 sationes. 
 
 De Inchoatione Parliamenti. 
 
 Dominus Rex sedebit in medio majoris banci, et 
 tenetur interesse primo, sexto die Parliamenti : et sole- 
 bant cancellarius, thesaurarius, barones de scaccario. 
 
 ' In some mss. this and several of the subsequent sections precede 
 those treating of the Clerks of Parliament and their offices. 
 
 ' qualiter cuilibet et a qtianto tempore ; some mss. read " qualiter qiiibua 
 " et a quanta tempore" and others have the addition of qualibet. 
 
( 28 ) 
 
 and juaticcd, arc accustomed to record defaults made in 
 Parliament in the following order : on the first day the 
 burgesses and citizens of all England shall be called over, 
 on which day if they do not come, a borough shall be 
 amci'ced ii i an hundred marks and a city in an hundred 
 pounds ; Oii liie second day the knights of shires of all 
 England shall be called, on which day if they do not come, 
 their county shall be amerced in an hundred pounds ; on 
 the third day of the Parliament the barons of the Cinq 
 Ports shall be called, and afterwards the barons, and after- 
 wards the earls, when, if the barons of the Cinq Ports 
 do not come, the barony whence they were sent shall be 
 amerced in an hundred marks ; in the same manner a 
 baron by himself shall be amerced in an hundred marks, 
 and an earl in an hundred pounds ; in like manner shall 
 be done with those who are peers of earls and barons, 
 to wit, who have lands and rents to the value of a 
 county or a barony, as is aforesaid under the title of 
 summons ; on the fourth day the procurators of the clergy 
 shall be called, on which day if they do not come, their 
 bishops shall be amerced in an hundred marks for every 
 archdeaconry making default ; on the fifth day the 
 deans, priors, abbots, bishops, and lastly the archbishops, 
 shall be called, who, if they do not come, shall be 
 amerced each archbishoj) in an hundred pounds, a bishop 
 liokling an entire Ixirony an Inindred marks, and in 
 
( '4) ) 
 
 et juaticlnni rcconlrtre ilefhltii fiiotii in Piirlinnientt) suh 
 online (^ui scquitur. Prinio die vociibiintur burgcnses 
 et civcH totiua Angliae, (jiio die si non veniant, amcr- 
 eialtitur burgua ad centum mairas et civitas ad centum 
 libras : secundo die vocabuntur militcs comitatuum 
 totius Angliic, quo die si non veniant, amerciabituv 
 comitatus unde sunt ad centum libras : tcrtio die 
 Parliament! vocabuntur baroncs Quinque Portuuni, et 
 postea barones, et postca comites ; unde si barones 
 Quinque Portuum non veniant, amerciabitur baronia 
 ilia unde sunt ' atl centum marcas ; eodem modo amer- 
 ciabitur baro per se ad centum marcas ^ et comes ad 
 centum libras ; et^ eodem modo fiet de illis qui simt 
 pares comitibus et baronibus, scilicet qui liabent terras 
 et redditus ad valorem* unius comitatus'' vel unius 
 baronia?, ut pra;dictum est in titulo de summonitione : 
 quarto die vocabuntur procuratores cleri, quo die si 
 non veniant, amcrciabuntur episcopi sui pro quollbct 
 arcliidiaconatu qui defaltam fecerit ad centum marcas : 
 quinto die vocabuntur decani, priovcs, abbates, episcopi, 
 demum archiepiscopi, qui si non veniant, amerciabitur 
 quilibet archiepiscopus ad centum libras, episcopus" 
 tenens integram baroniam ad centum marcas, et eodem 
 
 ' unde sunt ; omitted in some mss. 
 
 ' eodem modo amerciabitur baro per se ad centum marcas. Omitted 
 in the French M88., the Spicilegium, and the earliest English mss. ; but 
 the passage -whicK is necessary to perfect the sense occurs in two mss. 
 of the fifteenth century. 
 
 ' et ; omitted in some mss. 
 
 * valorem ; some mss. read valentiam. 
 
 '' comitatus ; some mss. read comitice. 
 
 " episcopus ; some mss. read et quilibet episcopus. 
 
( 30 ) 
 
 like manner with respect to the abbots, priors, and 
 others. On the first day proclamation ought to be made, 
 first in the hall or monastery, or other public place 
 where the Parliament is holden, and afterwards publicly 
 in the town or village, that all who wish to deliver 
 petitions and complaints to the Parliament may deliver 
 them from the first day of the Parliament to the five 
 next following days. 
 
 Concerning the preaching before the 
 Parliament. 
 
 An archbishop, or bishop, or eminent clerk discreet 
 and eloquent, selected by the archbishop in whose pro- 
 vince the Parliament is holden, ought to preach on one 
 of the first five days of the Parliament in full Parlia- 
 ment, and in the presence of the King, and this when 
 the Parliament for the greater part is assembled and 
 congregated, and in his discourse he ought in due order 
 to enjoin the Parliament that they with him should 
 humbly beseech God and implore him for the peace and 
 tranquillity of the King and kingdom, as will be more 
 specially treated of in the following section concerning 
 the declaration to the Parliament. 
 
( 31 ) 
 
 modo (le abbatibiis, prioribus, ct aliis.' Primo die debet 
 fieri proclamatio, primo in aula, sive monaaterio, seu 
 aliquo loco publico ubi Parliamentum tenetur, et post- 
 modum publice in civitate vel villd^, quod omnes illi, 
 qui petitiones et querelas liberare velint' ad Parlia- 
 mentum, illas liberent* a primo die Parliamenti in 
 quinque dies proximo sequentes. 
 
 De Pr^dicatione ad Parliamentum. 
 
 Unus archiepiscopus, vel episcopus vel magnus 
 dericus discretus et facundus, electus'' per archiepisco- 
 pum in cujus provincid Parliamentum tenetur, prajdicare 
 debet uno istorum primonim quinque dierum Parlia- 
 ment! in^ pleno Parliamento et in pra^sentia regis, et 
 hoc quando Parliamentum pro majori parte fuerit 
 adjunctum et congregatum, et in sermone'' suo con- 
 sequenter subjungere toti Parliamento quod ipsi cum 
 eo humiliter Deo supplicent, et ipsum adorent, pro 
 pace et tranquillitate regis et regni, prout specialius 
 dicetur in sequent! titulo de pronuntiatione^ ad Parlia- 
 mentum. 
 
 ' et alits ; some mss. read etc. 
 
 " villa ; some mss. read villa ilia. 
 
 ^velint; some mss. read volunt, and others voluerint. 
 
 * illas liberent; some mss. read quod illis deliberentur. 
 
 * electus; some mss. read dericus. 
 
 " in pleno Parliamento; omitted in some mss. 
 
 ' sermone. The French and the earliest English mss. read semitio. 
 
 * pronuntiatione ; some mss. read prtedicatione. 
 
( 32 ) 
 
 Concerning the Declaration in Parliament. 
 
 After the preaching the chancellor of England, or 
 the chief justice of England, he, to wit, who holds 
 pleas before the King, or some fit, honourable, and 
 eloquent justice or clerk elected by the chancellor and 
 chief justice, ought to declare the causes of the Parlia- 
 ment, first generally, and ifterwards specially, standing ; 
 and it is to be observed that all in Parliament, whoever 
 they be, while they speak shall stand, except the King, 
 so that all in Parliament may be able to hear him 
 who speaks, and if he speaks obscurely or low he 
 shall speak over again and louder, or another shall 
 speak for him. 
 
 Concerning the King's Speech after the 
 Declaration. 
 
 The King, after the declaration for the Parliament, 
 ought to entreat the clergy and laity, naming all their 
 degrees, to wit, the archbishops, bishops, abbots, priors, 
 archdeacons, procurators, and others of the clergy, the 
 earls, barons, knights, citizens, burgesses, and other 
 laymen, that they diligently, studiously, and cordially 
 will labour to treat and deliberate on the affairs 
 of Parliament as they shall think and perceive how 
 this may be mostly and chiefly done for the honour 
 of God in the first place, and afterwards for his and 
 their honour and welfare. 
 
( 33 ) 
 
 De Pronuntiatione in Parliamento. 
 
 Post prajdicationem debet cancellarius AngHa; vel 
 capitalis justiciarius Angliae, Ule scilicet qui tenet 
 placita coram rege, vel alius idoneus, honcstus, et 
 facundus justiciarius, vel clericus, per ipsos cancellariuiu 
 et capitalem justiciarium electus, pronunciare causaa 
 Parliamenti, primo in genere, et postca in specie, 
 stando ; et inde ^ sciendum est quod omnes de Par- 
 liamento, quicumque fuerit^, dum loquitur^ stabunt, 
 rege excepto, ita quod omnes de Parliamento audire 
 valeant cum qui loquitur, et si obscure dicat vel ita 
 basse* loquatur, dicat iterate, et loquatur altius, vel 
 loquatur alius pro eo. 
 
 De Loquela Regis tost Pronuntiationem. 
 
 Rex post pronuntiationem pro Parliamento rogare 
 debet clericos et laicos, nominando omnes eorum gra- 
 dus, scilicet archiepiscopos, episcopos, abbates, priores, 
 archidiaconos, procuratores, et alios de clero, comites > 
 barones, milites, cives, burgenses, et alios laicos, quod 
 ipsi diligenter, studiose et corditer^ laborcnt ad per- 
 tractandum et deliberandum negotia Parliamenti, prout 
 majus et principalius hoc ad Dei voluntatem primo, et 
 postea ad ejus et eorum honorcs, et commoda fore 
 intellexerint et sentierint.^ 
 
 ' inde; some mss. read unde. 
 
 'fuerit; some mss. re&d fuerint. 
 
 " loquitur ; some mss. read loquuntur. 
 
 * basse loquatur ; some mss. read lassi loquitur. 
 
 * corditer ; some mss. read concorditer. 
 
 ' intellexerint et sentierint ; some mss. read intelligent et sentient, 
 
 " D 
 
( 34 ) 
 
 Concerning the King's Absence from 
 Parliament. 
 
 The King is bound by all means to be personally 
 present in Parliament, unless hindered by corporal 
 infirmity, and then he can keep his chamber, so that 
 he does not lie out of the manor or at least the 
 town where Parliament is holden, and then he ought 
 to send for twelve of the greater and better persons 
 who are summoned to Parliament, to wit, two bishops, 
 two earls, two barons, two knights of shires, two 
 citizens, and two burgesses to visit his person and 
 testify of his state, and in their presence he ought to 
 commission the archbishop of the province, the steward, 
 and chief justice jointly and severally to begin and 
 continue the Parliament in his name, express mention 
 being made in that commission of the cause of his 
 then absence, which should satisfy and advise the rest 
 of the nobles and magnates of Parliament, together 
 with the evident testimony of their said twelve peers. 
 The reason is, that clamour and murmurs used to be 
 in Parliament on account of the King's absence, 
 because it is a hurtful and dangerous thing for the 
 whole conunonalty of Parliament, and also for the 
 realm, when the King is absent from the Parliament, 
 nor ought he nor can he absent himself unless only 
 in the abovesaid case. 
 
( 35 ) 
 
 De Absej^tia Regis in Parliamento. 
 
 Rex tenetur omni modo personallter interesse Par- 
 liamento, nisi per corporalem ajgritudinem detineatur, 
 et tunc potest tenere cameram suam, ita quod non 
 jaceat* extra manerium, vel saltern villam, ubi Parlia- 
 mentum tenetur, et tunc debet mittere pro duodecim 
 personis de majoribus et melioribus qui summoniti sunt 
 ad Parliamentum, scilicet duobus episcopis, duobus 
 comitibus, duobus baronibus, duobus militibus comi- 
 tatuum, duobus civibus, et duobus burgeusibus, ad 
 videndam personam suam et testificandum statum 
 suum, et in eorum praesentia committere debet archi- 
 episcopo loci, sencscallo, et capitali justiciario suo, quod 
 ipsi conjunctim et divisim inchoent et continuent 
 Parliamentum nomine suo, facta in commissione ilia 
 expressa mentione adtunc- de causa absentia) sure, qua) 
 sufficere debet, et monere ca;teros nobiles et magnates 
 de^ Parliamento, una cum notorio* testimonio dicto- 
 rum duodecim parium suorum ; causa est quod solebat 
 clamor et murmur esse in Parliamento pro absentia 
 regis, quia res dampnosa et periculosa est toti commu- 
 nitati Parliament! et etiam regni, cum rex a^ Parlia- 
 mento absens fuerit, nee se absentare debet nee potest, 
 dumtaxat nisi in casu supradicto. 
 
 ' non jaceat ; some mss. read nee jacet. 
 
 * adtunc ; some mss. read adhuc. 
 ' de ; some mss. read in. 
 
 * notorio testimonio. The French and the earliest £ngUsh mss, read 
 negotio et testimonio. 
 
 ' a ; some read de. 
 
 u 2 
 
( 36 ) 
 
 Concerning the Place and Sittings in 
 THE Parliament. 
 
 First, as is aforesaid, the King shall sit in the 
 middle place of the greater bench, and on his right 
 hand shall sit the archbishop of Canterbury, and on 
 his left hand the archbishop of York, and immediately 
 after them the bishops, abbots, and priors in rows, 
 always in such manner among the ranks aforesaid, 
 and their places, that no one sit except among his 
 peers ; and the steward of England is bound to attend 
 to this, unless the King appoint another person. At 
 the King's right foot shall sit the chancellor of England 
 and the chief justice of England, and his associates, and 
 their clerks who are of ParUament, and at his left foot 
 shall set the treasurer, chamberlain, and barons of the 
 Exchequer, justices of the bench, and their clerks who 
 • are of Parliament. 
 
 Concerning the Doorkeeper of 
 THE Parliament. 
 
 The chief usher of Parliament shall stand within the 
 great door of the monastery, hall, or other place where 
 
( 37 ) 
 
 De Loco et Sessionibus in Parliamento. 
 
 Primo, ut praedictum est, rex sedebit in medio loco 
 majoris banci, et ex parte ejus dextra sedebit'archie- 
 piscopus Cantuariensis, et ex parte ejus sinistra 
 arcbiepiacopus Eborum, et post illos statim episcopi, 
 abbates et priores linealiter, semper tali modo^ inter 
 praedictos gradus, et eorum loca, quod nuUus sedeat 
 nisi inter suos pares ; et ad hoc tenetur senescallus 
 Angliae prospicere, nisi rex alium assignaverit*: ad 
 pedem Regis ^ dextrum sedebunt cancellarius Angliae et 
 capitalis justiciarius Angliae, et socii sui, et eorum 
 clerici qui sunt de Parliamento ; et ad pedem ejus 
 sinistrum sedebunt* thesaurarius, camerarius, et barones 
 de scaccario, justiciarii de banco, et eorum clerici qui* 
 sunt de Parliamento. 
 
 De Hostiakio Parliamenti. 
 
 Hostiarius principalis Parliamenti stabit infya mag- 
 num hostium monasterii, aulic, vel alterius loci ubi 
 
 ' sedebit archiepiscopus Cantuariensis, et ex parte ejtis sinistra archi- 
 episcopus Eborum, et post illos statim episcopi, abbates et priores 
 linealita- semper tali modo. So in the French and the earliest English 
 Mss., but in some later mss. it has been altered to the following : 
 " sedebunt archiepiscopus Cantuariensis episcopi Londoniensis et Win- 
 " toniensis, et post illos seriatim alii episcopi, abbates et priores, et in 
 " parte sinistra Regis sedebunt archiepiscopus Eborum, episcopi Dunelm- 
 " ensis et Carliolensis, et post illos seriatim comites, barones, et domini 
 " habita semper tali divisio7te ;" in some mss, the words " episcopi, abbates 
 " et priores linealiter" occur between "domini" and "habita." 
 
 " alium assignaverit ; some mss. read alium velit ad hoc assignare. 
 
 ■•' liegis ; some mss. read ejus. 
 
 * sedebunt ; omitted in some mss. 
 
 ■'qui; si qui in some mss. 
 
 1) 3 
 
( 38 ) 
 
 the Parliament in holden, and shall keep the door 
 80 that no one may enter the Parliament except him 
 who owes suit and appearance at the Parliament, or 
 shall be called on account of the business which he 
 is prosecuting in the Parliament ; and it is necessary 
 that the doorkeeper have knowledge of the persons 
 who ought to enter, so that entrance be denied to none 
 who ought *o be present at the Parliament; and the 
 doorkeeper may and ought, if necessary, to have many 
 doorkeepers under him. 
 
 Concerning the Crier op the Parliasient. 
 
 The crier of Parliament shall stand without the door 
 of the Parliament, and the doorkeeper shall announce 
 to him what he shall proclaim. The King used to send 
 his Serjeants at arms to stand amid the great space 
 without the door of Parliament to keep the door, so 
 that none should make assaults or tumults about the 
 doors by which the Parliament might be disturbed under 
 pain of caption of their bodies, because by right the 
 door of Parliament ought not to be shut, but guarded 
 by the doorkeepers and king's Serjeants at arms. 
 
( 39 ) 
 
 Parliamentum tenctur, et custodiet hostium, ita quod 
 nuUua intret Parliamentum, nisi qui sectam et eventum 
 debeat ad Parliamentum, vel vocatus fuerit propter 
 negotium quod prosequitur in Parliaraento, ct oportet 
 quod hostiarius ille habeat cognitionem personarum 
 qua) ingredi dcbent ita quod nulli omnino negetur 
 ingressus qui Parliamentum interesse tenetur; et hos- 
 tiarius ille potest et debet', si nccesse sit, habere 
 plurcs hostiarios sub so/* 
 
 De Clamatoke Parliamenti. 
 
 Clamator Parliamenti stabit extra hostium Parlia- 
 menti, et hostiarius denunciabit sibi clamationes suas ; 
 rex solebat mittere^ servientes suos ad arma ad standum 
 per magnum spatium extra hostium Parliamenti, ad 
 custodiendum hostium, ita quod nulli impressiones nee 
 tumultus facerent circa liostia^ per quod Parliamentum 
 impcdiatur, sub poend captionis corporum suorum, quia 
 de jure hostium Parliamenti non debet claudi, sed per 
 hostiarium^ et servientes regis ad arma custodiri. 
 
 ' ita quod nulli omnino negetur ingressus qui Parliamentum interesse 
 tenetur; ct hostiarius ille potest et debet. The French and the oldest 
 English Mss. omit this passage. 
 
 " hostiarios sub sc. These words are not in the French or the oldest 
 English MSS. 
 
 ' mittcre ; some mss. read assignare, 
 
 * hostia ; some mss. read hostium. 
 
 * hostiarium ; some mss. read hostiarios. 
 
 D 4 
 
( 40 ) 
 
 Concerning the Station of Persons 
 speaking. 
 
 All the peers of Parliament shall sit, and no one 
 stand but when he speaks, and he shall so speak that 
 every one in the Parliament may hear him ; no one 
 shall enter Parliament, nor go out of the Parliament, 
 except by one door, and whoever speaks any thing 
 that ought to be deliberated on by the Parliament 
 Avhile he speaks he and all who speak shall stand, the 
 reason is, that he may be heard by the peers, because 
 all peers are judges and justices. 
 
 Concerning the King's Aid. 
 
 The King is not accustomed to ask aid from his 
 kingdom unless for approaching war, or making his sons 
 knights, or marrying his daughters, and then such aids 
 ought to be asked in full Parliament, and delivered in 
 writing to each degree of peers of the Parliament, and 
 answered in writing ; and be it known that if such aids 
 are to be granted it is needful that all the peers of the 
 Parliament consent ; and be it understood that the two 
 knisfhts who come to the Parliament for a shire have a 
 greater voice in Parliament in agreeing or dissenting 
 than an earl of England Avho is greater than they 
 are, and in like manner the procurators of the clergy 
 of a single bishopric have a greater voice in Parlia- 
 ment, if they all agree, than the bishoi) himself, and 
 
( 41 ) 
 
 De Stationibus Loquentium. 
 
 Omncs pares Parliamentl scdcbunt, ct nullus stabit 
 Bed quando^ loquitur, et loquetur ita quod quilibct de 
 Parliamento eum audire valeat; nuUua intrabit in^ 
 Parliamentum, nee exiet de Parliamento, nisi per unum' 
 hostiuin, et quicumque* loquitur rem aliquam qua) 
 delibcrari debet per Parliamentum, stabunt omnes 
 loquentes ; causa est ut audiatur a paribus, quia omnes 
 pares sunt judices et justiciarii. 
 
 De Auxilio Kegis. 
 
 Rex non solebat petere auxilium do regno suo nisi 
 pro gucrra instanti, vel filios suos milites faciendo, vel 
 filias suas maritando, et tunc debent hujusmodi auxilia 
 peti in plcno Parliamento, et in scriptis cuilibet gradui 
 parium Parliamenti liberari, et in scrijjtis responderi ; 
 et sciendum est quod si^ hujusmodi auxilia concedenda" 
 oportet quod omnes pares Parliamenti consentiant, et 
 intclligcndum est quod duo milites, qui veniunt ad 
 Parliamentum pro comitatu', majorem vocem habent 
 in Parliamento in concedendo et contradicendo, quam 
 major comes Anglia;, et eodem modo procui'atores cleri 
 unius episcopatus majorem vocem habent in Parlia- 
 mento, si omnes sint Concordes, quam episcopus ipse, et 
 
 ' scd quando ; some Jiss. read nisi qui. 
 ' in ; omitted in some mss. 
 
 * unum ; some mss. read unicum. 
 
 ^ quicumque ; some mss. read quandocumque. 
 ^ si ; — ad in some mss. 
 
 * concedenda ; — concedenda sunt in some MSS. 
 
 ^ pro comitatu; — pro ipso comitatu in some mss. 
 
( 42 ) 
 thia in all things which by Parliament ought to 
 be granted, refused, or done. And by tliis it is 
 evident that the King can hold a Parliament with 
 tho commons of his kingdom without bishops, earls, 
 and barons, provided they have been summoned to 
 Parliament, although no bishop, earl, nor baron obey 
 the summons, because formerly there was neither 
 bishop, nor carl, nor baron, yet then Kings held their 
 Parliaments; but still on the other hand, although 
 the commons — the clergy and laity — are summoned 
 to Parliament, as of right they ought to be, and for 
 any cause will not come, as if they pretend that the 
 Lord the King does not govern them as he ought, 
 and assign special cases in which he has not governed 
 them, then there is no Parliament at all, even though 
 the archbishops, bishops, earls, and barons, and all their 
 peers, be present with the King ; and therefore it is 
 needful that all things which ought to be affirmed 
 or abrogated, granted or refused, or done by the 
 Parliament ought to be done by the commons of the 
 Parliament wliich is composed of three degrees or 
 orders of Parliament, to wit, of the procurators of 
 the clergy, the knights of shires, the citizens and bur- 
 gesses, who represent the whole commons of England, 
 and not by the nobles, because every one of them 
 
( 43 ) 
 
 hoc in omnibus qiijc per' Parliivmcntum conccdi, nogari 
 vcl fieri (lebcnt : ct hoc patct quod- rex potest tenero 
 Parliamentum ciun coninuinitatc regni sui, absque 
 cpiscopis, coniitibus ct baronibun, dumtamen' sum- 
 moniti sunt ad Parliamentum, licet nuUus episcopus, 
 comes vel baro ad summonitioncs suas veniant; quia 
 olim nee fuerat cpiscopus, nee comes, ncc baro, adhuc* 
 tunc reges tenuerunt Parliamenta sua, sed aliter est 
 econtra, licet communitates — clcri et laici — summonitaj 
 essent ad Parliamentum, sicut de jure debent, et 
 propter aliquas causas^ venire noUent, ut*' si praeten- 
 derent quod dominus^ rex non regeret cos sicuti 
 dcberet, et assignarent specialiter in quibus cos non 
 rexeratS tunc Parliamentum nullum^ esset omnino, 
 licet'" archicpiscopi, episcopi, comites et barones, et 
 omnes corum pares, cum rege interessent : et ideo 
 oportet quod omnia qua) affinnari vel infirmari, conccdi 
 vel negari, vel fieri debent per Parliamentum, per 
 communitatem Parllamcnti conccdi debent, quaj est 
 ex tribus gradibus sive gencribus Parliamenti, scilicet 
 ex procuratoribus cleri, militibus comitatuuni, civibua 
 ct burgensibus, qui rcp' <entant totam communitatem 
 Angliae, et non dc magnatibus, quia quilibet corum 
 
 ' per ; — ud in some Mss. 
 '■' quud ; — quia in some Mss. 
 
 ^ dumtamen summoniti sunt ; read in some mss. dumnwdo summoniti sint. 
 * adhuc ; in some mss. et adhuc. 
 ^causas; — articulas in some mss. 
 "ut; — et in some mss. 
 ' dominus ; — dictus in some mss. 
 " non rexcrat ; some mss. read disrexemt. 
 " nullum ; — non in some mss., ilium in others, 
 '" licet ; — licet omnes in some mss. 
 
( 44 ) 
 
 is in the Parliament for his own proper person and 
 for . one other. 
 
 Concerning the breaking up of 
 THE Parliament. 
 
 The Parliament ought not to separate as long as any 
 petition remain undiscussed, or at least to which the 
 answer is not determined on, and if the King permit 
 the contrary he is perjured ; and no single one alone of 
 the peers of the Parliament can or ought to retire from 
 the Parliament without having obtained the permission 
 of the King and all his peers, and this in full Parlia- 
 ment, and of this permission record shall be made in 
 the roll of the Parliament ; and if any one of the peers 
 during the Parliament be sick, so that he cannot come 
 to the Parliament, then for three days he shall send 
 excusers to the Parliament, on which day, if he do not 
 come, two of his peers shall be sent to see and testify 
 of his sickness, and if there be any suspicion those 
 two peers shall be sworn that they will speak the 
 truth ; and if it be found that he has feigned he shall 
 be amerced as for default, and if he has not feigned 
 then he shall attorn some sufficient person before 
 them to be present at the Parliament for liim, nor can 
 any sane person be excused if he be of sane memory. 
 
( 4.5 ) 
 
 est pro sua' propria persona ad Parliamentum ct pro 
 nulla alia. 
 
 De Partitioned Parliamenti. 
 
 Parliamentum departiri^ nou debet dummodo 
 aliqua petitio pendeat indiscussa, vel, ad minus, ad 
 quara non* sit determinata responsio, et si rex contra- 
 rium permittat, perjurus est ; nullus^ solus de'' paribus 
 Parliamenti recedere potest nee debet de Parliamento, 
 nisi optent^ inde licentia de rege et omnibus suis 
 paribus et hoc in pleno Parliamento, et quod de hujus- 
 modi licentia fiat rememoratio in rotulo Parliamenti, et 
 si aliquis de paribus, durante Parliamento, infinna- 
 verit, ita quod ad Parliamentum venire non valeat, 
 tunc per triduum mittat excusatores ad Parliamentum, 
 quo die si' non venerit, mittantur ei duo de paribus 
 suis ad videndum et testificandum hujusmodi infirmi- 
 tatem, et si sit suspicio, jurentur^ illi duo pares quod 
 veritatem inde dicent, et si comp' "atur quod finxerat 
 se, amercietur^ tanquam pro defalta, et si non finxerat 
 se, tunc attornet aliquem sufficientem coram eis ad 
 interessendum ad Parliamentum pro se, nee sanus"' 
 excusa.n potest si sit sanae memoria;. 
 
 ' pro sua i omitted in sOme Mss. 
 ' Partitione ; — petitionibus in some mss. 
 ' departiri ; — dispartiri in some mss. 
 ■• ad quam non ; — antequam in some MSS. 
 * nullus ; some mss. read et nullus. 
 ' de paribus ; — de omnibus paribus in some mss. 
 ' quo die si ; some mss. read quod si. 
 'jurentur; some mss. read jurcnt. 
 " amercietur ; — amerciabitur in some mss. 
 ^'' nee sanus; — si volucrit nee uUeriun in some mss. 
 
( 46 ) 
 
 The separation of the Parliament used to be in 
 this manner:— it ought first to be asked and publicly 
 proclaimed in the Parliament, and within the palace of 
 the Parliament, if there be any one who shall have 
 delivered a petition to the Parliament to which no 
 answer has yet been given, and if no one shall answer 
 it is to be supposed that remedy has been aiForded to 
 every one, or at least been answered as far as can be 
 rightly done, and then, first, to wit, when no one who 
 at that time has exhibited his petition shall answer, — 
 ** we will release our Parliament." 
 
 Concerning Transcripts of Records in 
 Parliament. 
 
 The clerks of the Parliament shall not refuse to any 
 one a copy of his proceeding, but shall deliver it to 
 every one who demands it, and shall always take for 
 ten lines one penny, unless oath be made of inability to 
 pay, in which case they shall take nothing. The rolls 
 of Parliament shall contain ten inches in width. The 
 Parliament shall be holden in whatever place in the 
 kingdom the King shall choose. 
 
 Here ends the Mode of holding the Parliament. 
 
( 47 ) 
 
 Departitio Parliamenti ita usitari debet: — Primltus^ 
 peti debet et publicc proclamari in Parliaraento, et infra 
 Palacium Parliamenti, si sit aliquis, qui petitioncm 
 liberaverit ad Parliamentum, cui nondum sit respon- 
 sum ; quod si nullus reclamet, supponendum est quod 
 cuilibet medetur^, vel saltern quatenus potest de jure 
 respondetur, et tunc primo videlicet^ cum nullus qui 
 pctitionem suam ea vice exhibuerit reclamet, — Par- 
 liamentum nostrum licentiabimus.* 
 
 De Tbansckiptis Recordorum in 
 Parliamento. 
 
 Clerici Parliamenti non negabunt cuiquam trans- 
 criptum processus sui, sed liberabunt illud cuilibet qui 
 hoc petierit'', et capient semper pro decern lineis unum 
 denarium, nisi forte facta fide de impotentia, in quo 
 casu nihil capient. Rotuli de Parliamento continebunt 
 in lativudine decem pollices. Parliairicntum tenebitur 
 in quo loco regni rcgi placuerit. 
 
 Explicit Modus tenendi Parliamentum. 
 
 ' primitus ; some mss. read punctus, others primiter. 
 
 ' cuilibet medetur ; — quilibet metitur in some mss. 
 
 ' videlicet ; — scilicet in some mss. 
 
 * Parliamentum nostrum licentiabimus ; — vestrum occurs in some mss. 
 If the whole passage beginning at " Frimitth " and ending at " reclamet " 
 be read parenthetically, then the sense is obvious, otherwise it is very 
 obscure. 
 
 ^petierit; — fecierit in some mss. 
 
 I^ONDON : Printed bj George E. Kyre and Wimiam Spottiswooi s, 
 Printers to the Queen's most lixcelleiit Majesty. l*l(i.