cap I of what person this court consist of the high and most honourable court  of parliament this court consist of the king majesty sit there as in his royal  politic capacity and of the three estate of the realm videlicet on the lord  spiritual archbishop and bishop be in number who sit there by succession in  respect of their county or barony parcel of their bishopric which they hold  also in their politic capacity and every one of these when any parliament be  to be hold ought ex debt is owed the whole of the laws to have a Writ of  summons the lord temporal duke marquis earl viscount and baron who sit there  by reason of their dignity which they hold by descent or creation in number at  this time and likewise every one of these be of full age ought to have a Writ  of summons ex debt is owed the whole of the laws the three estate be the  Commons of the realm whereof there be a knight of shire or county citizen of  city and burgess of burgh all which be respective elect by the shire or county  city and burgh by force of the king Writ ex debt is owed the whole of the laws  and none of they ought to be omit and these represent all the Commons of the  whole realm and trust for they and be in number at this time of what number in  the beginning Romulus ordain a hundred senator for the good government of the  common wealth afterward they grow to Festus and so many be of the house of  Commons in Fortescues time who treat with what gravity statute be make say  dumb non One or centum solum adviser verdure discretion say plus how  three hundred elector man qualinumero formerly senatus of Rome  to keep straight self to cause to stand to give out are to be autem  a member of the Senate mayor a king of Illyria a member of the Senate  those inferior in rank a king of Illyria ex patrician nobles  dainties  hii ex  poplar tree and it be observe that when there be best appearance there be the  best success in parliament at the parliament hold in the seven year of the  reign of Henry the five hold before the duke of Bedford guardian of England of  the lord spiritual and temporal there appear but thirty in all at which  parliam mean there be but one Act of parliament pass and that of no great  weight in year  Edward all the lord appear in person and not one by proxy at  which parliament as it appear in the parliament roll so many excellent thing  be speed and do as it be call good parliament and the king and these three  estate be the great corporation or body politic of the kingdom and do sit in  two house videlicet the king and lord in one house call the lord house and the  knight citizen and burgess in another house call the house of Commons a for  this word Commons see the statute of Edward whereby it be provide that the  coroner of county shall be choose in full county per less Commons de mesme  less county Commons be in legal understanding take for the frank tenant or  freeholder of the county and whosoever be not a lord of parliament and of the  lord house be of the house of the Commons either in person or by  representation partly coagmentative and partly representative but of ancient  time both house sit together in Henry a Act of parliament concern the  succession of the crown entail to Henry the four whereunto all the lord  several seal and sir John Tebetot the speaker in the name of the Commons put  to his seal note that in the letter to the pope by all the nobility of England  at the parliament hold in Edward the conclusion be this in pron. interrog. rei  testimonium sigilia our men  tam pro we how pro all partnership pillage  royal power England praesentib are to weigh out thereby I gather that at this  time the Commons have no speaker but both house sit together for if the  Commons have then have a speaker they will have appoint he to have put to his  seal for they as in Henry they do certain it be that at the first both house  sit together as it appear in the treatise de modus to hold parliament of  ancient time both house sit together vide rot parliament Edward nu and in  other place in the same roll and in Edward in diverse place it appear that the  lord and Commons sit together and that the Commons have then no continual  speaker but after consultation have they agree upon some one or more of they  that have great aptitude for the present business to deliver their resolution  which wrought great delay of proceed and thereupon the house be divide and the  sure mark of the time of the division of they be when the house of Commons at  the first have a continual speaker as at this day it have after the division  the Commons sit in the chapter house of the abbot of Westminster and this  court be apt resemble to a clock which have within it many wheel and many  motion all as well the lesser as the great must move but after their proper  manner place and motion if the motion of the lesser be hinder it will hinder  the motion of the great the name this court be call by several name as ancient  witenage must convent wise  man parliament of which we have speak in another  place comitia a to go together because to go together there to weigh well  love dearly steep place roll up pain royal power position a defending  royal power church England concernentibus b common concilium royal power c  generale concilium royal power d concilium royal power and assisa general  and  assisa ab assidend as assisa de Clarendon Henry upon some of the record and  roll of the parliament it be write to view all over who royal power clear  a meeting are reminder aliter nil praeter sleep to separate e and Virgil write  of the parliament of the God use the same word of concilium in the same sense  to split to go among house almighty Olympi Conciliumq  peremptory or urgent call sky pater atq man king c Tacitus in vita farmer in  the time of the Briton call it convent a to come together ingulphus who die  before say king Eldredus to call together magnate bishop proceres optimates  and to draw violently de public officer pain royal power Tully call it  a collection senator a considend parliament in scripture and the like  parliament have be hold in Israel as it appear in the holy history  to call together David all Princeps  Israel duces tribune overseer a troop  tribune centurion who to be before nature possession king a son swine come  eunuch to be able of oak whoever it be in army Jerusalem and when they be all  assemble the king himself show the cause of call that parliament hearing I  brother urinate a people of me to consider thoroughly ut to build house in how  requisceret citadel bond  domini and footstool foot God our men  preparation  and to build all to make ready beforehand c b and the like parliament do king  Solomon son of king David hold to collect in a flock Solomon mayor born Israel  all  Princeps  tribune capita member of household  de son Israel in Jerusalem  c c there be also a parliament hold in the time of the judge  it agrees together agreed whole world Israel and community quasi a human being  One by the same route mente to make one council c and that parliament build on  such unity have bless success in this court of parliament the king be caput  principium Finis and as in the natural body when all the sinew be join in the  head do join their force together for the strengthen of the body there be  ultimum force modus tenant parliament so in the politic body when the king and  the lord spiritual and temporal knight citizen and burgess be all by the king  command assemble and join together under the head in consultationforthecommon  good of the whole realm there be ultimum prudence what property a parliament  man shall have it appear in a parliament roll that the parliament be as have  be say call common concilium every member of the house be a counselor shall  have three property of the elephant first that he have no gall second that he  be Inflexible and can bow three that he be of a most ripe and perfect memory  which property as there it be say ought to be in every member of the great  Council of parliament first to be without gall that be without malice rancour  heat and envy in an elephant melancholia transit in nourishment  substantial object every gallish inclination if any be shall tend to the good  of the whole body the common wealth second that he be constant Inflexible and  not to be bow or turn from the right either for fear reward or favour not in  judgement respect any person three of a ripe memory that they remember peril  pass may prevent danger to come as in that roll of parliament it appear  whereunto we will add two other property of the elephant the one that though  they be maxim army maxim comprehension of great strength and understanding yet  in flocks always to advance yet they be sociable and go in company for animal  of a flock non are hurtful say animal wandering in solitude are hurtful  sociable creature that go in flock or hear be not hurtful as Deer sheep c but  beast that walk sole or singular as bear fox c be dangerous and hurtful the  other that the elephant be goose man flying about way to stretch out and these  property ought every parliament man to have of record of parliament the reason  wherefore the record of parliament have be so high extol be for that therein  be set down in case of difficulty not only the judgement or resolution but the  reason and cause of the same by so great advice a it be true that of ancient  time in judgement at the commonlaw in case of difficulty either criminal or  civil the reason and cause of the judgement be set down in the record and so  it continue in the reign of Edward and most part of Edward and then there be  no needs of report but in the reign of Edward when the law be in his height  the cause and reason of judgement in respect of the multitude of they be not  set down in the record but then the great casuist and reporter of case certain  grave and sad man publish the case and the reason and cause of the judgement  or resolution which from the beginning of the reign of Edward and since we  have in print but these also though of great credit and excellent use in their  kind yet far underneath the authority of the parliament roll report the act  judgement and resolution of that high court the summons of parliament the king  de advisamento council for so be the word of the Writ of parliament resolve to  have a parliament do out of the court of chancery send out writ of summons at  the least forty day before the parliament begin every lord of parliament  either spiritual as archbishop and bishop or temporal as duke marquis earl  viscount and baron peer of the realm and lord of parliament ought to have  several writ of summons temporal assistant and all the judge of the realm  baron of the exchequer of the coif the king learned Council and the civilian  master of the chancery be call to give their assistance and attendance in the  upper house of parliament but they have no voice in parliament and their writ  differ from the writ to the baron for their writ be quad to place between we  come the other de council our men  and sometime we only super to send forward  to draw violently your a council impensur but the writ to the baron be quoth  to place between come to bear before great man nobles  super speech pain  to draw violently your a council impensur spiritual assistant a manager  allotment of land and in every writ of summons to the bishop there be a clause  require they to summon these person to appear personal at the parliament which  be in these word Praemonientes dean capitulum church your Norwicensis ac  Archidiaconos all clerum your diocese quoth the same decani Archdiaconi in  not common with others mask n'est ac dictum capitulum per One the same  allotment of land per duos manager fit full to put under power ab Self  little head allotment of land separately to have predict die loco of  to be between and to agree haec who tunc ibidem de common council speech  royal power our men  of a god to be favorable mercy to touch regular and the  bishop under his seal make certificate accord and these be call a manager  allotment of land and many time have appear in parliament as spiritual  assistant to consider consult and consent ut above but have never voice there  because they be no lord of parliament some have think that because the clergy  be not party to the election of the knight citizen and burgess that these  a manager allotment of land be appoint to give their consent for they but then  they shall have have voice which questionless they never have and by the word  of the writ it be to consent to those thing which by the common Council of the  realm shall happen to be ordain so as their consent be only to such thing as  be ordain de common council royal power and that there may be a Act of  parliament without they and in many case multitude be bind by act of  parliament which be not party to the election of knight citizen and burgess as  all they that have no freehold or have freehold in ancient demesne and all  woman have freehold or no freehold and man within the age of one and twenty  year c and it appear by the treatise de modus to hold parliament c that the  proctor of the clergy shall appear come present time the dawn sit relative  which prove that they be voiceless assistant only and have no voice and so  many learned bishop have voice their presence be not now hold necessary it be  to be observe that in the writ of parliament to the bishop be lord  ecclesiastical secular they be nam by their Christian name and name of their  office as king c reverendissimo in Christ father John by the same route  agreeableness archbishop Cantuar or king c to stand in awe of in Christ father  John bishop Norwicens c but if the surname be add it make not the writ vicious  but the abbot and prior be lord of parliament religious and secular may be nam  by the name of their office only as king selection Himself in Christ abbey  consecrated Edmondi de Bury.&c a duke a marquis a earl and viscount be regular  nam by their Christian name and the name of their dignity and rare yet  sometime by their surname nor be they nam by their knighthood if they have any  but rare if a baron be a knight he be regular nam by his Christian name  surname and by mile or chevalier and his barony if he be no knight then he be  nam by his Christian name and the name of his barony but if the surname be add  it make not the writ vicious and this hold as well where the baron take his  dignity of a place as where he take it of his surname but where the surname be  dignify there to make a formal writ it be good to add the place of his barony  of ancient time the temporal lord of parliament be command by the king writ to  appear in faith homage who we to hold and in the reign of Edward in faith  allegiance and sometime in faith homage but at this day constant in faith  allegiance because at this day there be no feudal barony in respect whereof  homage be to be do which in Edward be the true cause of this alteration the  ecclesiastical baron secular or regular be command by the king writ to be  present in faith dilection who we to hold as the bishop be at this day we find  in the roll of parliament a writ in year  Richard and successive in every  parliament until and in the five year of Henry among the baron that come to  the parliament it be say instructress thomae de la war and some say that the  addition of magister be to distinguish he from they that be knight as in the  roll of Edward among the baron it be say John de audeley armigero for that the  rest of the baron save himself and the lord Clinton be chevalier and other do  hold that he be of the clergy before the dignity descend to he and in that  respect he be call magister in the roll of Henry and in many succeed roll we  find baron apply to the lord of Greystock as radulpho barony de Greistock and  John barony de Greistock and to few other in many roll we find the baron that  be knight nam chevalier wherein we observe that they like to be call chevalier  rather that soldier after the legal word for knight  kind of fish be not use  in law for example in year  Edward Edmundo grey de Ruthin chevalier c and  under subscribe thus soldier all To take out John de audeley armigero John  lord de Clinton and in Edward all the baron save the lord scale have the  addition of chevalier and subscribe thus equity kind of fish all praeter owner  scale and in Edward all the baron have the addition of chevalier and therefore  subscribe thus equity kind of fish all hereby and by many other it appear that  the baron if they be knight be so nam and that they be not nam chevalier  unless they be knight but in the reign of Henry and since baron be nam  chevalier in the writ of summons though they be no knight banner legal  Banerium vexillum Banerher unde Banerherius or Banerius I Baro a standard  major Banerettus a diminutive of Banerius a standard minor a baron be call  Banerherius or Banerius of the banner be the ensign of his honour serve for a  guide and direction so the baron observe the end of his nobility shall be a  example and guide to other as well in war as in peace in all notable ability  and virtue and so of the Baneret both the baron and the Baneret have one kind  of banner for the Baneret be create in the field in the king host and among  other thing by cut the sharp point of his pennon and make it a banner I  vexillum baron so as the Baneret have the banner but not the dignity of the  baron and this do notable appear by the case in Edward the very word of which  resolution I will first set down and then the effect un suit challenge pur Ceo  and ill suit a banner non allocatur car sil soit a banner ne tient per barony  ill serra in assize that be one be challenge because he have the banner and be  a Baneret non allocatur by the rule of the court because albeit he have the  banner yet ne tient per barony that be he be no baron of parliament notam row  time John Coupland a valiant leader in year  Edward near Durham at Nevil  castle take in area free from obstacles battle David the second king of scot  for which king Edward create he knight Baneret and give he land and live and  in Edward the case in law fall out for this order of knighthood see Camdens  britain and for this case of sir John Coupland Camden in linc page see Henry  foe there the challenge be that he be a Baneret a lord of parliament see  Edward ass pl ultimo lib foe but sir John Coupland be not the first Baneret  that England have as some have think and be with we before the reign of Edward  for in Pelle exitus year  Edward in Scaccario Johannes de Cromlewele  Banerettus and ex put in possession of Garderobae year  Edward nicholaus de  grey be declare by Writ of Edward the second to be de household king tanquam  Banerettus both for his precedency and salary for summon of the Commons a Writ  go out to the lord warden of the cinque port for the election of the baron of  the same who in law be burgess and to every sheriff of county in England and  Wales for the choice and election of knight citizen and burgess within every  of their county respective