Page:Select historical documents of the Middle Ages.djvu/184

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SELECT HISTORICAL DOCUMENTS.

bishop earl or baron, answer to his summons. For, formerly, kings held their parliaments when no bishop, earl or baron was present. But it is another matter, on the contrary, if the commonality—the clergy and laity — have been summoned to parliament, as they have a right to be, and are not willing to come for certain causes; as if they were to maintain that the lord king did not rule them as he ought to, and were to signify in what especial respect he did not do so; then it would not be a parliament at all, even though the archbishops, bishops, counts and barons and all their peers, were present with the king. And so it is necessary that all things which are to be affirmed or cancelled, granted' or denied, or done by the parliament, should be granted by the commonality of the parliament, which consists of the three grades or divisions of parliament: viz. of the representatives of the clergy, the knights of the shires, the citizens and burgesses, who represent the whole commonality of England; and not by the magnates. For each of them is in parliament for his own person alone, and not for any one else.

Concerning the Dismissal of Parliament.

Parliament ought not to be dismissed so long as any petition remains undiscussed; or, at least, any to which the reply has not been determined on. And, if the king permits the contrary, he is perjured. No single one of the peers of parhament can or may retire from parliament, unless permission to that effect has been obtained from the king, and from all his peers; and this in full parliament. And of such permission a memorandum shall be made in the roll of parliament. And if any one of the peers, while parliament is in session, shall become ill, so that he can not come to parliament, then for three days he shall send excusers to the parliament. And if he do not then come, there shall be sent to him two of his peers, to view and testify to such infirmity; and if there be suspicion, those two peers shall swear that in this matter they tell the truth. And if it shall be found that he has been feigning, he shall be fined as if for default. And if he have not been feigning, then he shall, in their presence, empower some