absent proxy any lord of the parliament by licence of the king upon just cause  to be absent may make a proxy and in the bundle of proxy year  Henry it appear  that in those day a spiritual lord of parliament may have make his proxy to  the procurator of the clergy or to any other clerk but at this day he can make  it but to a lord of parliament but a knight citizen or burgess of the house of  Commons can by any mean make any proxy because he be elect and trust by  multitude of people of the ancient treatise call modus to hold parliament now  for antiquity and authority of the ancient treatise call modus to hold  parliament c whereof we make often use in this part of the institute certain  it be that this modus be rehearse and declare before the conquer our at the  time of his Conquest and by he approve for England and accord the conqueror  accord to modus hold a parliament for England as it appear in Edward foe after  king Henry the second have conquer Ireland he fit and transcribe this modus  into Ireland in a parchment roll for the hold of parliament there which no  doubt Henry the second do by advice of his judge be a matter of so great  weight and legal this modus in the parchment roll transcribe as aforesaid by  Henry the second remain in Ireland and in year  Henry be in the custody of sir  Christopher Preston knight a man of great wisdom and learning which roll king  Henry the four in the same year de assent John Talbot chevalier his lieutenant  there and of his Council of Ireland exemplify for the better hold of the  parliament there and in the exemplification it express appear that Henry the  second do transcribe this modus as be abovesaid this modus be see by the maker  of the statute of magnacarta year  Henry can concern the reduce of the ancient  relief of entire earldom barony and knight fee accord to such proportion as be  contain in the modus which they can not have do so punctual if they have not  see the same whereof you may read more at large in the first part of the  institute sect foe word relief and some part of this modus be cite in the  parliament roll year  Richard and other record of parliament and upon diligent  search we can find nothing against it but many very ancient copy you may find  of this modus one whereof we have see in the reign of Henry which contain the  manner from and usage of Gilbert de Scrogel martial of England in what manner  he occupy and use the say room and office in all his time and how he be admit  c at the coronation of Henry the second and of his knight marshal and other  inferior officer c and adjoin thereunto and of the same hand be this modus as  fit for he to know but less it may be say to I as it be once say to a orator  who have speak much in commendation of Hercules it be demand of one that stand  by quis to inflict censure and quoth non to be responsum but now let we return  to proxy a lord of parliament by licence obtain of the queen to be absent make  a proxy to three lord of parliament jointly separately to hand over  eispotestatem to draw violently tractatibusque help a council to hang over and  statute in ranks who inactitat to touch to agree ita quoth non sit melior  creating to take into possession and one of the procurator give consent to a  bill and the two other say not content and first it be by order of the lord  debate among the judge and civilian attendant and conceive by they that this  be no voice and the opinion be affirm by all the lord of parliament seriatim  another question be move at that time that if a lord of parliament make a  proxy and after come into the lord house of parliament and sit there without  argue consent or speak any thing and it be conceive by the judge and civilian  that his sit there without say any thing be a revocation in law of his proxy a  strong if he move or speak to any matter there propound and their opinion be  resolve by the lord seriatim and these be the proxy of the bishop of bath the  lord Howard chamberlain and of the lord Windsor king John in the year of his  reign be in extreant fear of both the pope and the French king and especial of  his own subject and what be fear say Solomon but a betray of the succour that  reason offer send ambassador to Admiralius Murmelinus great emperor of Turkey  sir Thomas Hertington and sir Ralph Nicholson knight and sir Robert of London  clerk nuntio swine to put apart to offer to be of his religion and to make his  kingdom tributary to he and he and his subject to be his vassal and to hold  his kingdom of he but that infidel great prince as a thing unworthy of a king  to deny his religion and betray his kingdom utter refuse to accept king John  in the year the next year of his reign by his charter may by the threat and  persuasion of the pope commissary Pandulphus surrender his kingdom of England  and Ireland to pope innocent the three come common council baron as he insert  therein and that thence forward he will hold his crown as feodary to the pope  pay for both the say kingdom mark whereupon do homage and fealty to the pope  by the hand of Pandulphus and take off the crown from his head surrender it to  the pope by Pandulphus at who foot he lie also the royal ensign his sceptre  sword and ring all which be afterward accept approve and ratify by the pope by  his bull which be call Bulla gold coin  to collect into a flock papam  to strive for a king Edward per litter annum census  commodity king to answer  see without to bear before nobles  royal power non posse to answer quoth  to swear in coronation to sew to be to bind on quoth jura royal power Himself  to make safe complete nec to some degree quoth diadem to touch royal power  the same without Self require council to make in year  Edward the pope by his  ambassador demand of the king homage for the kingdom of England and land of  Ireland and the average of mark by the year grant by king John to pope  innocent the three and his successor and threaten that if it be not pay the  pope be resolve to proceed against the king whereupon the king in the same  year call his court of parliament and in the beginning of that parliament say  the record to be monster a less prelate duke count baron less chevalier of  county citizen burgess en Le presence Le roy per Le chancellor a town in Caria  ils avoient entendue less cause deal summons deal parliament en general mes la  volunte Le roy fuist and less cause feussent monster a eux en especial lour  disoit comment Le roy avoit entendue and Le pape per force do fait quel ill  dit and Le roy Johan fesoit au pape de ill fair homage pur Le realm  d'engleterre la terre D'irland and percause du dit homage qil ill deveroit  paierchescun a perpetuelment mille marcs be en volunte de fair wooer deversle  roy son roialm pur Le dit service registered recoverir de qoi Le king priam as  dit prelate duke count baron lour avys bon counsel ce qil enferrior en case  and Le pape vorroit proceder devers ill you son dit realm per cell cause less  prelate requeroient a roy quill see purroient per eux soul adviser respondre  lendemain queux Prelatz Le dit lendemain adeprimes per eux mesmes puis less  autres duke count baron Gentz respondirent disoient and Le dit roy Johan ne  nul autre purra mettre ill ne son realm ne son people en tiele subjection sanz  assent accord deux less communes sur ce demandez avisez respondirent en mesme  Le manner sur who feust ordain assentu per common assent en manner quensuyt en  see present parliament tenuz a Westminster Lundy proschein apres la invention  de la seinte croice lan du reign Le roy Edward quarantisme tant sur lestat de  seinte church come of droit de son roialm de sa coroner maintenir enter autres  choose estoient monstrez comment and este parley dit and Le pape per force do  fait and Le ill dit and Le king Johan jadis roy d'engleterre fesoit au pape au  perpetuite de ill fair homage pur Le realm England la terre de Ireland per  cause dudite homage de ill render un annual rend and este en volunte de fair  process devers Le king pur less ditz service ceus recoverir la quele choose  monstree as prelate ducs count baron la commun pur ent avoir lour avys bon  counsel demandee de eux ce qe Le king enferra en case and Le pape vorroit  proceder you rien attempter devers ill you son realm per cell cause queux  prelate ducs count baron communes en sur ce plain deliberation responderont  disoient dune accord and Le dit roy Johan ne nul autre purra mettre ill ne son  realm ne son people en tiel subjection sanz assent de eux come piert per  pluseurs evidence and si ce feust fait ce feust fait sanz leur assent encontre  son serement en sa coronation et outre ce Le ducs count baron gentle communes  accorderent granterent and en case and Le pape see afforceroit you rien  attempteroit per wooer you en auter manner de fait de constreindre Le king you  say subject de per fair ce quest dit q'il voet clamer tell party qils  resistront contreesterront sheep toute leur puissance this noble and prudent  king take the fair and sure way to give satisfaction whereof the pope be  certify the matter ever since have rest in quiet law custom parliament it be  declare by the lord and Commons in full parliament upon demand make of they on  the behalf of the king that they can not assent to any thing in parliament  that tend to the disherison of the king and his crown whereunto they be swear  see hereafter in the case of Ireland law custom parliament by the ancient law  and custom of the parliament a proclamation ought to be make in Westminster in  the beginning of the parliament that no man upon pain to lose all that he have  shall during the parliament in London Westminster or the suburb c wear any  privy coat of plate or go arm or that game or other play of man woman or child  or any other pastime or strange show shall be there use during the parliament  and the reason hereof be that the high court of parliament shall not thereby  be disturb nor the member thereof which be to attend the arduous and urgent  business of the church and common wealth shall not be withdraw it be also the  law and custom of the parliament that when any new device be move on the king  behalf in parliament for his aid or the like the Commons may answer that they  tender the king estate and be ready to aid the same only in this new device  they dare not agree without conference with their country whereby it appear  that such conference iswarrantable by the law and custom of parliament and it  be to be observe though one be choose for one particular county or borough yet  when he be return and sit in parliament he serve for the whole realm for the  end of his come thither as in the writ of his election appear be general and  faciendum to agree haec who tunc ibidem de common council speech royal power  our men  to be favorable a god to touch regular super pain prediction I pro  a certain steep place roll up pain our position a defending royal power  our men  England church England concernentibus which be rehearse before in the  writ law custom parliament and as every court of justice have law and custom  for its direction some by the commonlaw some by the civil and canon law some  by peculiar law and custom c so the high court of parliament  Suispropiislegibus custom to take a stand it be law custom parliament that all  weighty matter in any parliament move concern the peer of the realm or Commons  in parliament assemble ought to be determine adjudge and discuss by the course  of the parliament and not by the civil law nor yet by the commonlaws of this  realm use in more inferior court which be so declare to be secundum law  experience parliament concern the peer of the realm by the king and all the  lord spiritual and temporal and the like acquire  ration be for the Commons  for anythingmoved or do in the house of Commons and the rather for that by  another law and custom of parliament the king can take notice of any thing say  or do in the house of Commons but by the report of the house of Commons and  every member of the parliament have a judicial place and can be no witness and  this be the reason that judge ought not to give any opinion of a matter of  parliament because it be not to be decide by the commonlaws but secundum law  and experience parliament and so the judge in diverse parliament have confess  and some hold that every offence commit in any court punishable by that court  must be punish proceed criminal in the same court or in some high and not in  any inferior court and the court of parliament have no high upon his petition  exhibit to the king wherein the question be whether the power which he have  raise be high treason c which petition say the king let be deliver to the  justice by they to be consider whereupon the lord make protestation that the  order thereof belong to they which be to they allow and they resolve it to be  no treason and because we have a case in Edward concern the law and custom of  parliament we have think good to set down the record of that case de word in  word and then to examine the report of the say case and the opinion there  deliver wherein we shall desire the learned to consider well the statute of  Richard stat cap and thereupon to consider what as that statute speak have be  do of old time c and how that Act say do and not say Johannes bishop Winton in  pity pro more defaltis I will johannes bishop attachiat to be and respond lord  king note that this be by writ original de eastern quare come in parliament  king at new Saru recently tent per Self Dominu king to hold in to be ne quis  and dictum parliament summon ab to the same place to go back without licenc  king idem bishop durante parliament predict ab to the same place without  freedom king to go back in king contempt  palpable the declaration contra  a reversing king say in addition to et unde idem dominus king per Adam de  Fincham who sequitur pro eastern to say quoth prediction johannes bishop fecit  ei transgress contempt  predict c in contempt king mille a balance et hoc  offer verificar pro lord king c et prediction bishop in not common with others  mask to sew go for sale make practice of defending  all men  contemption  transgress whoever c to say quoth ipse be One de pair royal power  to bear before sacrifice church the dawn in be venire and parliament domini  king per summonitione pro will Self domini king come Himself to please notam  hoc et to say quad si quis the dawn to fail towards owner king in parliament  to some place  in parliament debet shoelace to free from faults non alibi in  minor cur how in parliament per quoth non to stretch out quoth dominus king  lightarmed footsoldier in cur hic de hujusmodi transgr contempt factis be  parliament to answer c et super hoc act of giving be the dawn die in person  king a die consecrated Trin in quindecem die ubicunq c friends are living  account and who diem pillage bishop go for sale in not common with others mask  to sew act of giving be ei die in person lord king a die consecrated mich in  die ubicunq c in to the same place position quo nunc c friends are living  account n'est c and quemdiemvenitpraedict Adamquisequitur c et similiter  prediction bishop in not common with others mask to sew et prediction Adam pro  prediction lord king to say quad come to please ei parliament suum to hold pro  usefulness royal power Himself de royal potestate to sew compose mock summoner  where when c pro will to sew now too compose to hold before to step out tunc  and parliament ne quis the dawn from that source to go back contra prohibition  to sew c without freedom c et si quis the dawn from that source to go back  contra prohibition c in contempt this be the allegation of the king attorney  king c be liceat Self lord king to take to cut towards hujusmodi to fail in  how senate to please Himself c et ex quo dominus king pro will to sew  parliament to sew tenet c petit judgment pro Self lord king si idem dominus  king duci to withhold seu to turn the war thither and prosequend in here part  alibi contra will to sew c et prediction bishop to say ut prius quad come some  to fail in parliament ibidem debet shoelace to free from faults the b maintain  his former plea to the jurisdiction c although some summon be to come and  parliament non to come ibidem debet to punish per quoth non to stretch out  quad dominus king lightarmed footsoldier alibi to answer how in parliament c  et super hoc act of giving be the dawn die usque in to bring forth air  wherever c in to the same place position quo nunc c and who diem go for sale  tam predict Adam who sequitur pro lord king how predict bishop in  not common with others mask to sew et act of giving be the dawn die in person  lord king in Octab consecrated hilarii wherever c friends are living account  n'est c and who diem predict bishop go for sale act of giving be ei die beyond  in person lord king in Octab pur happiness mariae wherever c and who diem  go for sale tam prediction bishop how johannes de Lincoln who sequitur pro  lord king act of giving be the dawn die beyond in person lord king a die  Paschae in five soldiers  wherever c friends are living account c and who diem  go for sale tam pillage bishop in not common with others mask to sew how  predict johannes de Lincoln who sequitur pro speech lord king c et  act of giving be the dawn die beyond a die consecrated michaelis in die  ubicunq c friends are living Himself account n'est from here in dicend c and  this be all that be in the record whereby it appear that the plea of the  bishop to the jurisdiction of the court after diverse day give do stand and be  never over rule agreeable to the say resolution in former time that judge be  not to determine matter concern the parliament as be aforesaid touch the  report of the say case thus far forth it agree that this contempt can be  punish in any other court then in the king bench so as the question be only  for that court it appear that the reporter never see the say record only take  it by the care of that which be speak in court a dangerous kind of report and  subject to many mistrakings for seldom or never the right case be put as in  this case it fall out for first where the record say that the parliament be  hold at Sarum the report be of a parliament hold at Salop the report say that  John b of Winchester be arraign which imply that he be indict c where he be  sue by original Writ the inhibition make by the king allege in the record be  not in the report concern the sudden opinion of Scrope in this report by his  opinion the parliament it self can not have punish this contempt for he say  Ceux'q be judge de parliament be judge de lour Piers mes Le roy nad my pier in  son terre demesne pur Q ill ne poet p eux estre judge donques ailors cue cy ne  poet estre judge whereas without question the parliament may have punish this  contempt and conclude with a rule at the commonlaw that the king may sue in  what court it please he but matter of parliament as have be often say be not  to be rule by the commonlaw and it seem that the rest of the judge be against  Scrope for the plea be never over rule as by the record it appear vide per  indict boundary Paschae Ph mar in person king rot information prefer by the  attorney general against of the house of Commons for depart without licence  contrary to the king inhibition in the beginning of the parliament whereof be  timorous burgess and to buy back shaking submit themselves to their fine but  whether they pay any or very small we have not yet find and Edmond Plowden the  learned lawyer plead that he remain continual from the beginning to the end of  the parliament and take a travers full of pregnancy and after his plea be  without die per demise Le roign if offence do in parliament may have be punish  elsewhere it shall be intend that at some time it will have be put in use Vid  the first part of the institute sect now the say information year  Ph mar  against of the house of Commons follow in these word Pasch.1&2Ph.&Mar king  queen Mid sacred scripture  memorand quoth Edward Griffyn there attorney  a house king queen general  who pro the same lord king owner queen sequitur  go for sale hic in Cur speaker dnorum king queen in person Self king et queen  at Westminster die Sabbathi neighbor post quind pasch thither  to the same place boundary that Cur hic to come to know to shape quad come and  parliament to be lord king queen nunc tent at West year  kingly government  of oneself primo good luck  to hold in to be per Self owner king et owner  queen in to the same place parliament Inihibitum suit quoth nullus and idem  parliament summon ibidem interessens ab to the same place parliament without  not general freedom speaker to be lord king et queen et Cur parliament predict  to go back seu he himself to some place  modus absentare quidam yet Thomas  Denton de in under command the head of Oxon there Henry carry de in  under command the head of gent Richard ward de in under command the head of  there Edmund Plowden de Tybmershe in come Berks armiger Henry Chiverton de in  come be robertus brown de in come Johannes Courke de in come Johannes  Pethebrige de in come Johannes Melhewes de in come Johan Courtney de in come  radulfus Michael de in come Thomas Matthew de in come Richard Brasey de in  come Thomas Massyede income armig'.Petrus Frechwell de in come mile Henry  Vernon de Sydbery in come Derby arm William more de shaggy hair Derb in come  Derb gentleman William Banibrigge de in come Johannes Eveleigh de in come  gentleman Nich Adamps de Dartmouth alias Clifton Harnys in come Devon  gentleman Richard Phelipps de in come be Antonius Dylvington de in come  Andreas hoard de in come christopherus Hoell de in come Dors gentleman  Johannes Mannocke de in come gentleman Thomas Phelipps de in come Johannes  Hamonddeincom Johannes Phelipps de in come William Randall junior de income  Johannes Moyne de in come Hugo smyth de in come gentleman rogerus Gerrard de  in come gentleman radulfus Scroop de in come gentleman Thomas more de Hambled  in come buck gentleman William read de in come be Henry mannock de in come be  John Maynard de shaggy hair consecrated Albani in come Hertf be Nich Debden de  in come gentleman Philippus Tirwhyt de in come there who summon to be and  dictum parliament in to the same place parliament comparueru ac ibidem  to be between mandat et a reversing a master king et queen say in addition to  little pendent mandatum Inhibitionem ac position republic what  royal power  England minim one who treats a patient or to weigh postea sure die January  year  regnorA dictorA dominorA king et queen nunc primo et good luck   say in addition to et durante parliament prediction ab to the same place  parliament without freedom speaker a master king et queen et cur of oneself  predict contemptuose to go back in ipsorumdominorum king et queen ac mandat et  inhibitionis of oneself predict ok curiaeque predict contempt palpable ac in  magnum republic position what  royal power England detriment nec non in  destructive exemplum all another c unde idem Attornatus a master king et queen  petit advisamentum cur in an advantage et debit law process vers the same  thomam Denton Henry carry richardum ward Edm Plowden Henry Chiverton robertum  brown John Courk John Pethy bridge John Melhewes John Courtney radulph Michael  thomam Matthew richardum Brasey thomam massy Peter Frechwell Henry Vernon will  more will Banibrigge John Eveleigh Nich Adamps richardum Phelipps Anthonium  Dilvington andream hoard christopherum Hoell Johan mannock Thomans Phelipps  Johan Hamond John Phelipps Willelman Randall John Moyne Hugonem smith Rogerum  Gerrard Radulphum Scroop though more will read Henry mannock Johan Maynard  Nicholaum Debden Phil Tyrwhyt fieri and respondend lord king owner queen de  contempt predict c et modus sure die loveliness neighbor post Crast air  thither to the same place boundary in person a house king et owner queen at  West ven predict Edm Plowden per andream tusser Attornatu suum habit audit  a representation prediction dic quoth ipse non to stretch out quoth dominus  king owner queen nunc Self Edmun pro premise well to some place  premissorA  to rush upon seu occasionare to will or to withhold because to say quoth ipse  and dict parliament in information predict specificat to be between  feel or perceive beforehand to be ac in to the same place parliament continue  to stay behind videlicet a beginning Self parliament usque and  that which divides the same without hoc quoth ipse idem Edmund Plowden speech  die January a primo good luck  say in addition to durant parliament predict ab  to the same place parliament without freedom speaker a master king queen cur  of oneself predict contemptuose to go back in Self a master king regine ac  mandat inhibitionis suorA predict a court pillage contempt manifest ac in  magnum republic stat what  royal power England detriment nec non in  destructive exemplum all aliorA modus form prout per informac predict vers  come to put below notam the pregnancy of this travers without die per demise  Le royne et hoc a preparation be verificar prout cur c unde pet judgment quoth  ipse de send ahead or forward per cur hic to send different ways c Mid Ve fac  thomam constable de Grimbsbye in come Lincoln be Henry leigh de in come  Francis Farnham de quern in come Leic be Li lord mic Ph king mar queen John  Holcroft sen de in come soldier will Bromley de in come be though Somerset de  in come be Georg Ferrer de Markyat in come Hertf gentleman Nich Powtrell de  Exincton in come Nott be f hill Ph mar though moil de in come Kanc soldier  though water de in come be will Tylcock de to cause to go Oxon gentleman Li  lord hill Ph mar though Balkden de Wechyngleigh in come sur soldier Li lord  mic Ph et mar math Cradock de shaggy hair staff gentleman Li lord hill Ph mar  georgium lie de shaggy hair Salop gentleman Cess process per mandat attorney  a master king queen because beyond attendance non vult vers Self Geo lie John  hoard de Bridgenorth in come Salop gentleman f mic Ph mar John Alsop de  shaggy hair de Ludlow in come Salop gentleman will Laurence de Civ Winton  gentleman Li lord mich Ph mar Robert Hudson de Civ Winton gentleman Li lord ut  before Edm rouse de Donwich in under command the head of Suff will rob  Coppinge de Donwich in under command the head of Suff be John Harman de  Hospicio dom king dom queen gentleman will crouch de Wellowe in  under command the head of summer be though lews de shaggy hair de Wels in  under command the head of summer gentleman Li lord hill Ph mar will godwyn de  Wels pillage in under command the head of summer gentleman f mich Ph mar John  Ashburnham de Ashburnham in under command the head of Suss be Li lord mic Ph  mar Walt Reyncum de Civ Cicest in under command the head of Suss gentleman Li  lord Tr Ph mar will Moodyere de Slindon in under command the head of Suss  gentleman f Tr.4&5Ph mar John Robert de in under command the head of Suss  gentleman utlegat c will pellet de Steininge in under command the head of Suss  gentleman f pasch Ph mar Richard bowyer de arundel in  under command the head of Suss gentleman Li lord mic p m will Danby de in come  Westmerl gentleman rob Griffith de Civ novae Sarum in come wilts draper Li  lord ut above John Hooper de Civ novae saram in under command the head of  wilts gentleman Li lord mic Ph mar will clark de in come Grif Curtys de  Bradstock in under command the head of wilts gentleman Li lord ut above c  though hill de Denyses in come wilts gentleman f hill Ph mar Edward umpton de  London gentleman Li lord mic Ph mar though Parker de in come John read de  London gentleman f hill Ph mar Arth Allen de fellow citizen Bristol merch egid  pain de fellow citizen Bristol gentleman will Hampshire de London gentleman Li  lord mic Ph mar pet tailor de Marlborow in under command the head of wilts  tailor Li lord mic Ph mar resp king de a certain transgress contempt unde  attack are Mid Ve fac cr Trin Edward Braxden de fellow citizen uvigorn  gentleman Georg Newport de Droitwich in under command the head of uvigorn  gentleman will Wigstone de Wolstone in under command the head of war will Li  lord mic Ph mar radulph brown de Woodlowes in under command the head of war  gentleman Li lord mic et Ph et mar Johan Harforde de fellow citizen covent  gentleman Cess process c Nich Fryshe de in come Richard Rayleton de in come  Marc Wyrley de fellow citizen Lichfield gentleman Walt jobson de shaggy hair  de Kingston super hull James Brenne de in come gentleman John Payton de in  come Kanc be John Cheney de in come Kanc armor bearer William Oxenden de in  come Kanc armor bearer though key de in come Kanc gentleman will Hannington de  in come Kanc John Tyssars de in come Nich Crypse de in come Kanc be Edward  Herbert de Stawley in come Salop be f hill et pillage Ph et mar c Richard  Lloyde de in come Kanc gentleman John de Knylle de in come be Henry Jones de  in come will Meredith gain de in come gentleman Richard Bulkeley de in come  will resp king de a certain transgr contempt unde attack are et postea sure  boundary sanct Trin year  Ph et mar pro eastern quoth sufficient hic in cur  known on good evidence be quoth predict John Harford to have freedom  to go back a parliament c therefore Edward Griffyn be attorney non prof vers  Harford so much a master king queen general  who pro Self king queen in here  part sequitur to say quoth ipse beyond in here part vers a saying beforehand  John Harford attendance non vult therefore cess hic process vers the dawn  entirely c without die per demise Le royne and to deal clear this be all that  we can find concern this matter thus you may observe that the poor Commons  member of the parliament in a day strike against have no great joy to continue  in parliament but depart but now to proceed