the Clause, to 9 Earls, 90 Barons, 38 of the Council, and to all A second concurrent Writ to the Archbishop of Canterbury The "Award of Exile" of the Despencers, is made by the "Peers of the Land,” Earls and Barons. The Bishops protest. The Commons attend from July 15 to Aug. 22. Roger de Northburgh is Keeper of the Great Seal. (t) Writs issue to the Archbishops and 19 Bishops, with the A Second Letter is addressed to the Archbishop of Canterbury A Writ (tested, Rothwell, 18 April) is also directed to Ed- The award against the Despencers is annulled by a Statute. The Ordinances of the 5th Edward II., are also revoked; and it is enacted, "That, for ever thereafter, all Ordinances made by the Subjects of the King and his Heirs, by any power or authority whatever, concerning the Royal Power of the King or his Heirs, or against the Estate of the Crown, shall be void, and of no avail or force whatsoever, but the Matters to be established for the Estate of the King and his Heirs, and for the Estate of the Realm, and of the People, shall be treated, accorded (P. W. II. The second Writ to the Archbishop of Canterbury is more full than on the former occasions. The Chronicles of Fabian and Hollingshead give an account of this meeting. The discontented Lords, it appears, did not come according to the Summons, but remained in London, in an armed posture, for 15 days after the Parliament was begun. They held Councils among themselves, and drew up a sentence against the Despensers. See the Articles, Parl. Hist. 1., 160, &c. The Confederate Lords appeared in Parliament with "odd party-coloured habits, yellow and green, with a white band across their breasts;" whence this Parliament was called long after, "The Parliament of White Bands." Ryley also, Plac. Parl. P. 386, gives the proceedings of the Meeting. Many private petitions were presented. The whole was a proceeding of force put upon the King by the discontented Lords, who came in great Military array, and had the King and Parliament completely in their power. Rep. I. 281. It appear, from Claus. 15 Edward 2, M. 14, dorso, that none of the Bishops assented to the award, and that it was therefore, illegal. This was one reason for its subsequent revocation. See Parl. Hist. I., 169. The King had, early in this year, issued Writs against an illegal Assembly about to be held by the Lords for treating upon various matters concerning the Crown, in contempt of the Royal Prerogative, and to the great disturbance of the tranquillity of the Kingdom; and also a general Proclamation against such Assemblies. Notwithstanding this, the E. of Lancaster had ordained a Convention at Doncaster, on Sunday next after quinzaine of St. Martin, 29 Nov., which the King again forbids. Letters Patent are issued against "the Provincial Council, or Convocation," tested 30 Nov., by which it might appear that the Assembly had met. They arcaddressed to 4 Earls, and 103 Barons. A. R. 15 and established, in Parliaments, by the King, and by the assent of the Prelates, Earls and Barons, and the Commonalty of the Realm, according as had been before accustomed." An Ordinance is made by the King, "by assent of the Prelates, Earls, Barons, and the Commonalty of the Kingdom." The articles provide for the Church, as by the great Charter, and other Statutes before made; "That the King's Peace should be kept throughout the Kingdom, &c.; that different Statutes specified, should be observed; that the Statute of Acton Burnel should be observed only between Merchant and Merchant, known to be such, &c. Other Regulations are made respecting the Law. Many Petitions are presented on private Rights. The Prelates, Earls, Barons, Knights, Freeholders and Communities of the Counties, grant the King a Tenth, and in the ancient Demesnes of the Crown, a Sixth. The Citizens and Burgesses grant a Sixth. The Clergy, in two Conventions, at York and London, afterwards make a separate grant on account of their Spiritualities, in obedience to the authority of the Apostolical See. On the first day of the Session, one man at arms, from every township, is granted by Parliament. The Commons are discharged, by Writs of Expences, 19 May, but the other Members continue to sit till after July 7. (u) (u) P. W. II. This may be considered one of the most important Parliaments which had ever been held. The Earl of Lancaster had, on the 22d March previous, been arraigned, condemned and executed, with several Barons of his party, and the King was released from the thraldom under which he had been long held. Representatives from the Cinque Ports are now summoned again, and it may be questioned whether they were ever before so called for Legislative, and not rather for special purposes. The King's Writ to the Justiciar of Wales states, that "the praiseworthy services heretofore performed by the Lieges of the Land, as well Knights as others, induce the King to obtain their advice and counsel in matters concerning the State, and government of the Kingdom, and the tranquillity of the people committed to his care." It does not appear whether the Welsh Members attended or not, but no other summons occurs in this reign. The proceeding on the Revocation of the Ordinances, declared the Legislative authority to reside only in the King, with the Assent of Prelates, Earls, Barons and Commons assembled in Parliament, and that every Legislative act not done by that authority, should be void and of none effect. It declared the Constitutional Law of the Realm on this important subject, and, with regard to the distinct powers of the several persons, fixed a basis different from that in the Charter of John, though that basis was not founded on Statute, but "Custom." This Statute is the First Solemn Act by which the Constitution of the Legislative Assembly was distinctly described after the Charter of John, which appears to have been abandoned as a Legislative declaration, though probably, truly describing the component parts of a Legislative Assembly, lawfully to be convened at that time, according to more ancient custom, for the purpose of granting extraordinary aids to the Crown. The present Statute extended to all Legislative purposes. The words of former custom must have applied to what had been immediately before accustomed in times of internal peace and orderly government. Rep. 282-3. In what character, the Earls, Barons, Knights, Freeholders, and Communities of Counties assumed a right to charge the antient Demesnes of the Crown does not appear. If the Knights could have been considered the Representatives of the Tenants in antient Demesne, the Earls and Barons could not; and if the whole Parliament was considered as the King's Council, and the Assessment was considered as a Tallage of the Demesnes of the King, assessed by his Council, the Citizens and Burgesses ought also to have concurred. They were not, however, considered as part of the Communities of the Counties. Rep. 283. The Commons were discharged on the 19th of May, but the proceedings extend into the 16th Edw. 2, or after the 7th July. Much of the private business, on petitions, &c., may have been transacted after the Commons departed, then a common practice, in matters not of a legislative nature. The grant, May 2, of one man at arms, &c.. appears in the Parliamentary Writs. This grant may have been an answer to the King's Writ of April 5, "affectionately requesting" a grant of soldiers, or any other aid, from many cities, &c. It appears probable, however, from a return made by the town of Swavesey, 8 June, that the King's Letters were for a voluntary contribution of men and money beyond any such November 14. (Sunday next after F. of St. Martin.) 1322. A Parliament assembles at Rippon. Writs are issued to the Archbishops, and 19 Bishops, without the Clause, 29 Abbots, 2 Conventual Priors, the Prior of St. John of Jerusalem, (omitting the Master of Sempringham) to 10 Earls, 52 Barons, 23 Judges and Members of the Council, and to all the Sheriffs. Many Prelates excuse themselves. The Bishop of Worcester is so ill that "he cannot ride." The Bishop of Carlisle cannot come from "want of horses and outfit." Many others appoint Procurators to appear "in Convocatione apud Rypwn." A. R. 16 A. R. The place of meeting is altered to York, by Writs, 30 Oct. (v) The Commons attend 15 days, to Nov. 29. January 14. (Morrow of St. Hilary.) A Provincial 1323. Convention, or Convocation, of the Prelates and Clergy 16 of the Province of Canterbury, is held at Lincoln, by the Archbishop of Canterbury; and a similar Assembly, at York, by the Archbishop of that See; in pursuance of Writs by the King, to the two Archbishops, and of a Writ by himself, (tested Dec. 2) to 45 Abbots, one Conventual Prior, the Prior of St. John, and the Master of the Order of "Semplingham," for an aid. The Clergy refuse any further concession of monies without the authority of the Holy See. (w) May 15. A Council is called to York. Writs directed to 6 of the Council, command them to attend "cum omni festinatione qua de die et nocte poteritis." grant. Swavesey being "an upland town," and not a borough, the township could not be charged with any greater number of men, "than the one man granted in Parliament, who will be ready, &c,. 24 July." P. W. II. 305. See also the Writ for Service, 23 Feb., 1323. This grant from the Clergy was afterwards made at Lincoln, Jan. 14, 1323. (v) P. W. II. This Parliament, says the Editor, 11. 335, is distinguished by the great variety of expressions used in describing it, as Tractatus, Parliament, Council, Colloquium, Convocation, which shew the laxity of language employed in ancient documents to designate the supreme Council of the Realm. There is, however, no evidence of business done. Prynne notices (p. 180) that the returns of the Sheriff of Norfolk for 15 and 16 Edw. 2, are more formal than any of that age. By the Return (15 Edw. 2) for the City of Lincoln, the Mayor and "Cominalty" had elected Two Citizens, but one refusing to attend, another is elected, and probably accepted upon a Certificate under the City Seal. Cities formerly had the custom of returning Three or Four Citizens upon Writs requiring only Two. See Prynne, p. 377, for an instance of this, an. 15, Edw. 2, and sundry others in the same, and following reigns, 6, 7, 8 Edw. 2; 1, 6, 9, 11, 12, 14, 18, 20, 21, 22, Edw. 3, 6 Richd. 2 The Writs "for Expences" at this Parliament say, "for Knights, or for Valletti' returned in the stead of Knights, the former to be paid 4s. per diem, the latter 2s., for 15 days." (w) P. W. II. The Clergy were thus assembled in two distinct Conventions, wholly unconnected with the Parliament, for the purpose of granting an Aid to the Crown, separately and distinctly; a practice arising probably from the Claims of the Clergy of exemption from all temporal power in their Spiritual Characters, and consequently with respect to the Property which they distinguished as their Spiritualities." Rep. I. 284. It is uncertain whether application respecting the Subsidy was made to the Pope, or what was the result on this occasion. According to former precedents, the Pope issued his Mandate for the payment of such Subsidies. The last was A. R. 13., when, by Licence from the Pope, the Clergy granted a Tenth, for one year. Parl. Hist. I. 159 and 177. According to Knyghton and Holingshead, "the Clergy of the Province of Canterbury gave five pence of every Mark, and those of the Province of York, four pence." 1324. A. R. 17 May 23. (Monday of H. Trinity.) A Council is summoned to York. Writs are addressed to the Archbishop of York, Bishop of Exeter, Treasurer, and to 13 Judges and others of the Coun. cil. (x) Jan. 20. (Oct. St. Hilary.) A Parliament, "Colloquium et Tractatus," is summoned to Westminster. Writs issue to 10 Earls, 49 Barons, to the Bishop of Exeter, Treasurer, and 20 Judges and of the Council, and to all Sheriffs. The King has "supplicated" the Archbishop of Canterbury to hold a Convocation of the Prelates (exempt and not exempt) and of the Clergy of his Province, at the Church of St. Paul, London, on this day, for the Conservation of the honour and state of his Church and of the Kingdom; and separately commands the presence of 23 Abbots, one Conventual Prior and the two Masters. A similar Writ has been addressed to the Archbishop of York for a Convocation at York. The Parliament and Convocation are postponed. Feb. 23. (3 weeks of the Purification.) The prorogued Parliament meets at Westminster. Writs of Summons had issued to the Archbishops, and 17 Bishops, with the Clause, to 27 Abbots, 2 Conventual Priors, to the two Masters, to the Earl of Chester (the King's Son) and 9 Earls, 49 Barons, the Bishop of Exeter, Treasurer, 22 of the Council, and to all the Sheriffs. Writs are also directed to the Warden of the Cinque Ports, for 2 Barons, to appear from each Port. By further Writs, the Archbishops of Canterbury and York are to discharge their Clergy from attendance at St. Pauls and York, 20 Jan. By a Mandate from the Archbishop of Canterbury, the Clergy are required to appear in the Parliament, Feb. 23, and in obedience to a Second Letter, issued to the Archbishop, he commands the Bishops to enforce the Præmunientes Clause. Many excuses are sent by the Priors and Abbots, on account of illness, and "many and various impediments affording lawful cause of excuse from attendance in the Parliament," together with Letters of Procuration, naming their Proxies. et The Military Order of Templars having ceased, and being dissolved, it pleases and seems to the King, Magnates, and others, for the health of their souls, that their lands shall be assigned to other men of religion, it is therefore agreed, provided, and enacted, by the King, Prelates, Earls, Barons, alios Proceres," that all the lands shall be assigned and delivered to the Order of the Hospital of St. John of Jerusalem, &c. Writs, reciting the substance of this Statute, are sent to all the Sheriffs for proclamation, to the Bishop of Durham, Earl of Chester, and Justices of Wales. The Ordinance for the State of Ireland, and the Statute "de Prerogativa Regis," are of this year. (y) (z) P. W. II. (y) P. W. II. The Mandate by the Archbishop of Canterbury to the Prior and Chapter of Christ Church, Canterbury, directing the former to appear in person, and the Chapter by one Procurator, (tested, Lambeth, 7 Dec.) says, "The King had re A. R. May 27. (Sunday after F. of Ascension.) A Parlia- 1924. ment or Council, "Tractatus," is held at Westminster, 17 "To treat on certain great, and very urgent, Affairs." Writs are issued "sub privato Sigillo to the Archbishops, Bishops, Earls, Barons, and other "Proceres," to 15 of the Council, and to all the Sheriffs, to make proclamation, that all Knights "omnes et singuli de eadem Balliva, tam infra Libertates quam extra, sint ad nos ad Westminster," on the Wednesday, after Sunday as above, 30 May, to treat and advise with the Prelates, Earls, Barons and Proceres; the Sheriff to attend with the names of all and singular the Knights, and other Men at Arms in his Bailiwick, and whole Fee. (*) A. R. October 20. (3 weeks after Michaelmas.) A Council, 1321. "Colloquium et Tractatus," is held at Salisbury. Writs are issued to the Archbishops and 19 Bishops, the Earl of Chester, (King's Son), 8 Earls, 48 Barons, and to all Sheriffs, to send Two of the best and most discreet Knights, or others, oft his Shire, to treat with the Prelates, Proceres and some others "de regno." Other Writs change the place to Westminster or London, and additional summons for attendance, are directed to John de Britannia, Earl of Richmond, to 9 Abbots and the Archdeacon of Northampton. The Knights attend 21 days, to Nov. 10. (a) 19 A. R. 18 Jan. 14. (M. of Octs. Epiphany.) A Council is sum- 1325. moned to Westminster, before the Bishop of Exeter, Treasurer, R. de Baldok, Archdeacon of Middlesex, Chancellor, and others of the Council. March 3. (Second Sunday in Lent.) A Council, (Colloquium et Tractatus cum Prælatis, Magnatibus et Proceribus Regni) is summoned to Winchester. Writs are directed to the Archbishops and 15 Bishops, 21 Abbots, 1 Conventual Prior, the Prior of St. John of Jerusalem, to 9 Earls, (including the Earl of Chester) and 50 Barons. The place and day are altered afterwards to Westminster, 14 April. quested the Archbishop to hold a Convocation," but the Mandate does not set out the Writ. This omission was probably founded on the former objections of the Clergy. Among the Parliamentary Writs, is a Roll, dated Westminster, 23 Feb., with the names of the Proxies of the Clergy. Its Second Membrane contains the names of the Knights, Citizens and Burgesses, who attended this Parliament with the length of their stay. There is also, at p. 378, a List of the Counties and Towns sending Members. These Ordinances and Statutes seem to have been by the King and Council. Rep. 1.286. The Writ de Expensis states the Knights and Burgesses to have attended 24 days, for which the former are to be paid, including two days coming and two returning, 14 marks, and the Burgesses at 20d. per day, 6 marks, 6s. and 6d. (z) "It is difficult to decide, says the Editor of the Parl. Writs, whether this singular and anomalous meeting is to be considered a Council, or Military Array." A List of the Knights and Men at Arms throughout England, is given in the returns to these Writs. P. W. II. 383. The Writs are tested 9th May, and the return is for the 27th and 30th, a short interval. (a) P. W. II. A Writ issued previously to this Parliament, 8 October, commands the Archbishop of Canterbury not to assault, affront or waylay the Archbishop of York, about to repair to London. The Writs for Expences of the Knights for Cornwall, state that they had attended the Parliament 21 days, and had been 7 days coming and 7 days returning, at 2s. 6d. per day. The payment was always to vary according to the distance. N |