or the clergy's capacity of sitting in parliament.

[169] Rot. Parl. 20 R. II. p. 339. In Henry IV.'s first parliament the
commons petitioned for Haxey's restoration, and truly say that his
sentence was en aneantissement des custumes de la commune, p. 434. His
judgment was reversed by both houses, as having passed de volonte du roy
Richard en contre droit et la course quel avoit este devant en
parlement. p. 480. There can be no doubt with any man who looks
attentively at the passages relative to Haxey that he was a member of
parliament; though this was questioned a few years ago by the committee
of the house of commons, who made a report on the right of the clergy to
be elected; a right which, I am inclined to believe, did exist down to
the Reformation, as the grounds alleged for Nowell's expulsion in the
first, of Mary, besides this instance of Haxey conspire to prove, though
it has since been lost by disuse.

[170] This assembly, if we may trust the anonymous author of the Life of
Richard II., published by Hearne, was surrounded by the king's troops.
p. 133.

[171] Rot. Parl, 21 R. II. p. 347.

[172] 21 R. II. p. 369.

[173] 13 R. II. p. 256.

[174] This proceeding was made one of the articles of charge against
Richard in the following terms: Item, in parliamento ultimo celebrato
apud Salopiam, idem rex proponens opprimere populum suum procuravit
subtiliter et fecit concedi, quod potestas parliamenti de consensu
omnium statuum regni sui remaneret apud quasdam certas personas ad
terminandum, dissoluto parliamento, certas petitiones in eodem
parliamento porrectas protunc minime expeditas. Cujus concessionis
colore personae sic deputatae processerunt ad alia generaliter
parliamentum illud tangentia; et hoc de voluntate regis; in derogationem
status parliamenti, et in magnum incommodum totius regni et perniciosum
exemplum. Et ut super factis eorum hujusmodi aliquem colorem et
auctoritatem viderentur habere, rex fecit rotulos parliamenti pro voto
suo mutari et deleri, contra effectum consensionis praedictae. Rot. Parl.
1 H. IV. vol. iii. p. 418. Whether the last accusation, of altering the
parliamentary roll, be true or not, there is enough left in it to prove
everything I have asserted in the text. From this it is sufficiently
manifest how unfairly Carte and Hume have drawn a parallel between this
self-deputed legislative commission and that appointed by parliament to
reform the administration eleven years before.