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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A62387 The power of the Lords and Commons in Parliament in point of judicature briefly discours'd Scobell, Henry, d. 1660. 1680 (1680) Wing S927; ESTC R14515 4,207 12

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THE POWER OF THE LORDS AND COMMONS IN PARLIAMENT In point of JUDICATURE briefly discours'd At the Request of a Worthy Member of the House of Commons LONDON Printed in the Year 1680. The Power of the Lords and Commons in Parliament c. SIR TO give you as short an account of your Desires as I can I must crave leave to lay you as a Foundation the Frame or First Model of this State When after the Period of the Saxon Time Harald had advanc'd himself into the Royal Seat the Great men to whom but lately he was no more than Equal either in Fortune or Power disdaining this Act of Arrogancy and Ambition called in William Duke of Normandy the most Active Prince of any in these Western Parts and renowned for the Victories that he had successfully Atchieved against the French King then the most Potent Mo●arch in Europe This Duke led along with him to this work of Glory many of the Younger Sons of the best Families of Normandy Picardy and Flanders who as Voluntiers accompany'd the undertaking of this Fortunate Man The Vsurper being Slain and the Crown by War gained to secure Certain to his Posterity what he had so Suddenly gotten he shar'd out his Purchase retainining in Each County a Portion to support the Soveraign Dignity which was stiled Demenia Regni now the Ancient Demesnes and assigning to others his Adventurers such Proportions as engaged to himself the Dep●ndency of their Personal Service such Lands only excepted as in Free Alms were allotted to the Church These were termed Barones Regis or the Kings Immediate Free-holders for the word Baro imported then no more As the King to These so These to their Followers Subdivided part of their Shares into Knights-Fees and their Tenants were called Barones Comitis or the like for we find as in the King 's Writ so in Theirs Baronibus suis al François Anglois to their Barons as well French as English the Royal Gifts for the most part extending to whole Counties or Hundreds an Earl being Lord of the One and a Baron of the Inferiour Donations to Lords of Townships or Mannours And as the Land so was also the Course of Judicature divided even from the Meanest to the Highest Portion each Several had his Court of Law preserving still the Custom of our Ancestors the Saxons who jura per Pagos reddebant distributed Justice throughout each Village And these were termed Court Barons or the Freeholders Court twelve usually in number who with the Thame or Chief Lord were Judges The Hundred-Court was next where the Hundred●s or Aldermannus Lord of the Hundred with the chief Lord of each Township within their Limits judged God's People observed This Form in the Publick Centureonis Decam Judicabant Plebem omni tempore Hundreds and Decennaries administring Justice to the People at all times The County-Court or Generale Placitum was the next This was to supply the Defect or remedy the Corruption of the Inferiour For Vhi Curiae Dominorum probantur defecisse pertinet ad Vice-Comitem Provinciarum where the Hundred-Court was found Defective matters were referr'd to the Lord of the County The Judges here were Comites Barones Comitatus qui Liberas in hoc Terras habeant Earls and Barons of the County that were Free-holders in the same The last and Supreme Court and proper to our Question was Generale Placitum apud London the General Council at London Vniversalis Synodus the Vniversal Synod in Charters of the Conquerour Capitalis Curiae the Capital Court by Glanvil Magnum Commune Concilium coram Rege Magnatibus suis the Great and Common Council before the King and his Nobles In the Rolls of Henry the Third It is not Stative but summon'd by Proclamation Edicitur Generale Placitum apud London says the Book of Abingdon whither Duces Principes Satrapae Rectores Causidici ex omni parte confluxerunt ad istam Curiam saith Glanvil the General Assembly was called at London whither Dukes Princes Peers Rectors and Lawyers resorted from all Quarters And Causes were referr'd propter aliquam dubitationem quae emergit in Comitatu cum Comitatus nescit dijudicare upon any Question or Difficulty which the County Court was not able to solve Thus did Ethelweld Bishop of Winchester transfer his Suit against Leostine from the County ad Generale Placitum or the General Assembly In the time of King Etheldred Queen Edgine against Goda from the County appealed to King Etheldred at London Congregatis Principibus Sapientibus Angliae where the Princes and Wise Men of the Land were met together A Suit between the Bishops of Winchester and Durham in the time of S. Edward Coram Episcopis Principibus Regni in praesentia Regis ventilata finita was handled and determined by the Bishops and Princes of the Realm in the presence of the King In the 10th year of the Conquerour Episcopi Comites Barones Regni potestate adversis Provinciis ad Vniversalem Synodum pro causis audiendis tractandis convocati the Bishops Earls and Barons of the Realm c. being assembled at the Universal Council to hear and determine Controversies says the Book of Westminster And This continued all along in the succeeding Kings Reign until toward the end of Henry the Third AS this Great Court or Council consisting of the King and Barons rul'd the important Aflairs of State and controlled all Inferiour Courts so were there certain Officers whose transcendant Power seem'd to be set for the circumscribing the Execution of the Princes Will as the Steward Constable and Marshal fix'd upon Families in Fee for many Ages They as Tribunes of the People or Ephori among the Lacedemonians growing by unmanly Courage terrible to Manarchy fell at the feet and mercy of the King when the daring Earl of Leicester was slain at Evesham This Chance and the dear Experience H. the Third himself had made at the Parliament at Oxford in the fortieth year of his Reign together with the Memory of the many straits his Father was driven unto especially at Rumny-Mead near Stanes brought this King to begin what his Successors fortunately finish'd in lessening the Strength and Power of his Great Lords And this was effected by searching into the Regality they had usurped over their peculiar Soveraigns whereby they were found to be as the Book of St. Albans termeth them quot Domini tot Tyranni how many Lords so many Tyrants and by weakening that Influence and Sway which they carryed in the Parliaments by commanding the Service of many Knights Citizens and Burgesses to the Great Council Now began the frequent sending of Writs to the Commons Their assent not only used in Money Charge and making Laws for before all Ordinances pass'd by the King and Peers but their Consent also in Judgments of all Qualities whether Civil or Criminal In proof whereof I will produce some few succeeding Presidents out of Record When Adamor that