who the king may call to the lord house of parliament if the king by his Writ  call any knight or esquire to be a lord of the parliament he can refuse to  serve the king there in common there council for the good of his country but  if the king have call a abbot prior or other regular prelate by Writ to the  parliament to the common Council of the realm if he hold not of the king per  baron he may refuse to serve in parliament because quoad secularia he be  corpse in lege and therefore not capable to have place and voice in parliament  unless he do hold per baron and be to that common Council call by Writ which  make he capable and though such a prelate regular have be often call by Writ  and have de facto have place voice in parliament yet if in rei  in point of fact he hold not per baron he ought to be discharge of that  service and to sit in parliament no more a for that the abbey of Leicester be  find by Robert Fitzherbert robet earl of Leicester albeit the patronage come  to the crown by the forfeiture of Simon de Mountford earl of Leic yet be of a  subject foundation it can not be hold per baron and therefore the abbot have  no capacity to be call to the parliament and thereupon the king do grant quoth  idem abbess successor Himself de to come and parliament to bring together  our men  well heir our at rest to be to free imperpetuum b de jure experience  England and Archidiaconatum Cantuariensem c abbate earlier times aliosq  to bear before whoever per baron de lord king to hold to stretch out in  parliament palace whoever ut pares royal power prediction of interest ibiq de  royal power pain ac other to draw violently  to be accustomed come the other  speech royal power pair ac other ibidem law interessendi to have  to meet and consider to draw violently ordinate to cause to stand to limit ac  the other to make who parliament tempore ibidem to fortify faciend no man  ought to sit in that high court of parliament but he have right to sit there  for it be not only a personal offence in he that sit there without authority  but a public offence to the court of parliament and consequent to the whole  realm but all the case abovesaid and other that may be remember touch this  point as little river do flow from the fountain of modus to hold parliament  where it be say and parliament summoner venire to withhold ration tenure  of oneself all one Archiepisc Episcopi abbate earlier times some  mayor  allotment of land who tenent per county  well baron ration hujusmodi tenure  no one those inferior in rank nisi the dawn present time relative well useful  to count over c one rare and strange creation of a lord regular to parliament  we can pass over which be that king Henry in the five year of his reign by his  letter patent under the great seal do grant unto Richard Banham abbot of  Tabestock in the county of Devon be of his patronage and to the successor of  the say abbot ut the dawn who who pro tempore ibidem to be abbess sit to be  One de Of religious devotee owner parliament our men  heir successor our  gaudend honor privilegi freedom the same by that which have be say it appear  that this creation of a regular lord of parliament be void for that the abbot  be neither Baro nor have baron c and if the king may create abbot or prior  lord of parliament in this manner by the same reason he may create Deans and  archdeacon lord of parliament which without question he can by the Act of  parliament of Henry call the assize of Clarendon it be declare ut pars custom  freedom he that goes before king videlicet Henry primi another who to watch  to withhold in royal power ab omnibus tender  videlicet archbishop Episcopi  whole world personae royal power who de king tenent in capite to have  possession urge de king as baron ind to answer justice female attendant king  to follow to make all custom palace as the other baron to withhold interest  judgment curiae king come baron quousq to come up and understatement a limb  well and death so as by this Act a tenure of the king in chief be in equipage  with a barony and king John by his magnacarta of liberty make year  of his  reign grant quoth to make summoner an archbishop bishop abbate comites mayor  baron royal power one by one per litter our men  out of this clause we be to  observe these thing first that these baron call here mayor be lord of  parliament and call thereunto by the king writ second that they be call mayor  comparative and that be in respect of other which be call baron  those inferior in rank or nobles  those inferior in rank and be freeholder  that hold by knight service and escuage notam a knight fee be the service of a  knight that be of a man at arm or of war I the condition of a slave shield of  three sort videlicet soldier armor bearer of noble birth knight esquire and  Gentlehomes or gentleman these baron those inferior in rank be lord of manor  and have not the dignity of lord but have court of their freeholder which to  this day be call court baron curiae Baroniar of this baron it be say in that  law make by king Edward before the Conquest baron who to sew to have senate de  n'est man to see ut such de the dawn to put in motion quatenus towards god  guilt non to run into king non offendant Baro a bar of the Germans tongue book  Himself law signify which agree well with that which have be say that Baro  major be call Baro major royal power that every great baron be several summon  by the king Writ which continue to this day the fee of the knight citizen and  burgess of parliament first for the knight of any county it be S per diem and  so it have be time out of mind which be particular express in many record but  let we take one in haec word Johannes Shoreditch One soldier comitatus  Middlesex to come and parliament tent at Westminster in cro air ultim past   to have allocationem livre S pro a day pro expenditure n'est to come and  parliament predict ibidem to delay thence and not common with others  Of persons to take in hand per diem S testae king at Westminster die novemb  year  every citizen and burgess be to have S per diem ut above different  to move a notam the Writ de expenditure soldier on the expense of soldier c  both comprehend the sum accord to the abovesaid computation and a commandment  to the sheriff to levy the same b de partnership comitatus predict tam infra  freedom how extra community Burgis de who fellow citizen citizen and  parliament nostrum c to come to this extent To take out the like writ to the  sheriff de expenditure a citizen Burgensium to levy the same in city and  borough c a Richard nu the Commons petition in parliament that all person have  lie fee may contribute to the charge of the knight and to all tallage the king  answer the lord of the realm will not lose their old liberty note the Writ be  de partnership d also there be a Writ in the register de expenditure soldier  non to lift up ab hominib de antiquity dnco nec ab that has arisen by birth e  other discharge de expenditure soldier f for the wage of the knight of the  shire of Cambridge see the statute of Henry cap consimile pro island de Ely c  Henry a of his reign summon a parliament cro purification on the morrow of the  purification and he decease of Mars follow so as the parliament be dissolve by  his decease thereupon it be a question whether the knight and burgess shall  have their wage see nothing pass in that parliament and it be resolve that if  upon view of the king h record any like precedent may be find allowance of  their fee shall be make I also the clergy be contributory by reason of their  benefice to the expense of the procurator of the clergy k but chaplain which  be master of the chancery and attendant at the parliament shall not be  contributory by reason of their benefice to the expense of the clergy as by  the register where above above appear and this be by a Act of parliament make  in Edward which in general word be recite in the Writ direct to the arch  deacon for their discharge who be eligible to be a knight citizen or burgess  of parliament a knight Baneret be no lord of parliament be eligible to be  knight citizen or burgess of the house of Commons be under the degree of a  baron who be of the low degree of the lord house but Thomas camois be not only  a knight Baneret but a baron and lord of parliament in year  Richard and serve  in that parliament as a baron of the realm and therefore as of a thing  notorious he be discharge one under the age of year be not eligible neither  can any lord of parliament sit there until he be of the full age of year a  alien can be elect of the parliament because he be not the king liege subject  and so it be albeit he be make denizen by letter patent c for thereby he be  make quasi seu tanquam ligeus but that will not serve for he must be ligeus  in fact and not quasi c and we have have such a one choose and disallow by the  house of Commons because such a person can hold no place of judicature but if  a alien be naturalize by parliament then he be eligible to this or any other  place of judicature but it be object that Gilbert de Umphrevill earl of Andgos  in Scotland be call by the king Writ to the parliament in Edward by the name  of Gilbert earl of Andgos and in a Writ of ravishment of ward bring against he  by the name of Gilbert Umphrevill chivaler he plead to the Writ that he be  earl of Andgos not nam in the Writ and for that he be summon to every  parliament by the name of the earl of Andgos and the king send to he a Writ of  parliament under the great seal as to a Peer of the land by judgement of the  court the Writ do abate we have search for the truth of this case and do find  it in the plea roll in this manner Richard de Umphrevill baron of Prodhowe and  Redesdale in the county of Northumberland have issue Gilbert who after the  death of his father be a baron of this realm and in the reign of Henry marry  with Mawde daughter and heir of the earl of Andgos in Scotland who by her have  issue Gilbert who be earl of Andgos as heir to his mother and baron of Prodhow  and Redesdale as heir to his father he sit in parliament upon summons by Writ  in Edward Edward Edward Edward Edward and Edward by the name of Gilbert earl  of Andgos Robert his son sit in parliament year  Edward by the same name of  dignity and so forth all e the second reign all this do appear in the roll of  parliament in all the several time and Gilbert his son sit in parliament in  Edward and in every parliament follow until and in Richard by the same name  and in Gilbert his son who decease in year  Henry that surname of  Umphrevilceased hereby it appear that the say Richard Umphrevil and his  posterity from whence soever they original descend be liege englishmen for if  they have be alien they can not have enjoy the lordship of Prodhowe otterborne  Harbottle and Redesdale in England nor the barony of kime in Lancashire these  two be common call the Erles of kime which the two last gilberts enjoy and  note the book in Edward conclude that Gilbert Umphrevil be summon to the  parliament under the great seal come un pier deal realm a bishop elect may sit  in parliament as a lord thereof of knight citizen and burgess of parliament  none of the judge of the king bench or common plea or baron of the exchequer  that have judicial place can be choose knight citizen or burgess of parliament  as it be now hold because they be assistant in the lord house and yet you may  read in the parliament roll a Henry that Thorp baron of the exchequer be  speaker of the parliament but any that have judicial place in the court of  ward court of duchy or other court ecclesiastical or civil be no lord of  parliament be eligible none of the clergy though he be of the low order be  eligible to be knight citizen or burgess of parliament because they be of  another body videlicet of the convocation a man attaint of treason or felony c  be not eligible for concern the election of two knight the word of the Writ be  duos soldier sword girdle to greater extent fit to separate to pluck out fac  and for the election of citizen burgess the word of the Writ be duos c de  discretioribus to greater extent to put under which they can be say to be when  they be attaint of treason or felony c major and bailiff of town corporate be  eligible against the opinion in brook year  Henry tit parliament any of the  profession of the commonlaw and which be in practice of the same be eligible  for he which be eligible of common right can be disable by the say ordinance  in parliament in the lord house in Edward unless it have be by Act of  parliament and if it have be by authority of parliament yet have the same be  abrogate by the say statue of Richard stat cap and Henry cap which be general  law without any exception as have be say at a parliament hold at Coventry  year  Henry the parliament be summon by Writ and by colour of the say  ordinance it be forbid that no lawyer shall be choose knight citizen or  burgess by reason whereof this parliament be fruitless and never a good law  make thereat and therefore call untaught parliament or lack learning  parliament and see these writ be against law lawyer ever since for the great  and good service of the common wealth have be eligible for as it have be say  the writ of parliament can be alter without a Act of parliament and albeit the  prohibitory clause have be insert in the Writ yet be against law lawyer be of  right eligible and may have be elect knight citizen or burgess in that  parliament of Henry by special order of the house of Commons the attorney  general be not eligible to be a member of the house of Commons at the  parliament hold caroli king the sheriff for the county of Buckingham be choose  knight for the county of Norff and return into the chancery and have a subpena  out of the chancery serve upon he at the suit of the lady c pendent parliament  upon motion he have the privilege of parliament allow unto he by the judgement  of the whole house of Commons