p. 46.

[335] Rot. Parl. vol. ii. p. 64, 65.

[336] 18 E. III. stat. 3. Rot. Parl. vol. ii p. 151. This is the
parliament in which it is very doubtful whether any deputies from cities
and boroughs had a place. The pretended statutes were therefore every
way null; being falsely imputed to an incomplete parliament.

[337] Rot. Parl. vol. ii. p. 151.

[338] 25 E. III. stat. 3.

[339] p. 368. The word _they_ is ambiguous; Whitelocke (on Parliamentary
Writ, vol. ii. p. 346) interprets it of the commons: I should rather
suppose it to mean the clergy.

[340] 50 E. III. c. 4 & 5.

[341] Rot. Parl. vol. iii. p. 25. A nostre tres excellent seigneur le
roy supplient humblement ses devotes oratours, les prelats et la clergie
de la province de Canterbirs et d'Everwyk. Stat. 1 Richard II. c. 13,
14, 15. But see Hody, p. 425; Atterbury, p. 329.

[342] Rot. Parl. vol. iii. p. 37.

[343] It might be argued, from a passage in the parliament-roll of 21 R.
II., that the clergy of both provinces were not only present, but that
they were accounted an essential part of parliament in temporal matters,
which is contrary to the whole tenor of our laws. The commons are there
said to have prayed that, "whereas many judgments and ordinances
formerly made in parliament had been annulled _because the estate of
clergy had not been present thereat_, the prelates and clergy might make
a proxy with sufficient power to consent in their name to all things
done in this parliament." Whereupon the spiritual lords agreed to
intrust their powers to Sir Thomas Percy, and gave him a procuration
commencing in the following words: "Nos Thomas Cantuar' et Robertus
Ebor' archiepiscopi, ac praelati _et clerus utriusque provinciae Cantuar'
et Ebor' jure ecclesiarum nostrarum et temporalium earundem habentes jus
interessendi in singulis parliamentis_ domini nostri regis et regni
Angliae pro tempore celebrandis, necnon tractandi et expediendi in eisdem
quantum ad singula in instanti parliamento pro statu et honore domini
nostri regis, necnon regaliae suae, ac quiete, pace, et tranquillitate
regni judicialiter justificandis, venerabili viro domino Thomae de Percy
militi, nostram plenarie committimus potestatem." It may be perceived by
these expressions, and more unequivocally by the nature of the case,
that it was the judicial power of parliament which the spiritual lords
delegated to their proxy. Many impeachments for capital offences were
coming on, at which,