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A34717 The forme of government of the kingdome of England collected out of the fundamental lawes and statutes of this kingdome : wherin is manifested the customary uses of the kings of England upon all occasions, either of marriage, peace or warre, to call their peeres and barons of the realme to be bartners [sic] in treatizes, and to give their judicious advice : the state and security of the whole kingdome depending upon such counsells and determinations : likewise the names of the kings and the times when such Parliaments were called, and the acts that passed upon those and the like occasions : Henry I, Iohn, Henry 3, Edward I, Edward 2, Edward 3, Richard 2, Henry 4, Henry 5, Henry 6, Edward 4, Henry 7, Henry 8 : published for the satisfaction of all those that desire to know the manner and forme of the government of the land, and the fundamentall lawes of the kingdome. Cotton, Robert, Sir, 1571-1631. 1642 (1642) Wing C6492; ESTC R21849 10,966 24

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advise for the defence of the Reame against the French securing of the Seas and pursuing of the Warres Of which they consult and resolve to give the King an ayde The like Counsell and supply was the very next yeare following In the Fiftieth yeare a Parliament to the purpose of the former two was sommoned and the yeare following the King in Parliament declaring how the French had combined underhand against him with Spaine and Scotland required their advice how peace at home the Teritories abroad securitie of the Seas and charge of the Warre might be maintayned I have the longer insisted in observing the carriage of these times so good and glorious after ages having not left the Iournall entries of Parliament so full which therefore with a lighter hand I will passe through Richard the second the Grandchild succeeded to the Crowne and troubles having nothing worth his great fortunes but his great Birth The first of his Raigne hee pursued the steps of his wise Grandfather advising with his Peeres and Commons how best to resist his enemies that had lately wronged divers of his Subiects on the Sea coasts In the second yeare hee againe consulted with his people how to withstand the Scotts who then had combined with the French to breake the Truce In the third yeare hee called the advise of his Parliament how to maintaine his Regality impared by the Popes Provisions who to resist Spayne France and Scotland that had raised Warres against him how to suppresse his Rebells in Guyon and Ireland and to defend the Seas In the fourth yeare of his Raigne he called the like at Windsor The yeare following in a great Councell the King having purposed a Voyage Royall into France now called his Parliament to determine further of it And it is worthey your observation that for the most pa●t before any propositions of warre or Peace w●re vented to the Commons a debate thereof precedeth in the great Councell to shape in fitter for popular advise The quarrell with Spaine continuing the Duke of Lancaster offereth a voyage against them so as the State will lend him money after consultation they grant an aide but not to binde them to any continuance of warre with Spaine In the sixth the Parliament was called to consult about the defence of the Borders the Kings possions beyond the Seas Ireland and Gascoyne his Subiects in Portugall The Lords approve the Dukes intentions for Portugall and the Commons that the Bishop of Norwich having the Popes Crosyer should invade France The same yeare the State was called againe to consult whether the King should goe in person to rescue Gaunt or send his Army The Commonsafter two dayes debate craved a conference with the Lords The effect is not entred in the Rolle onely they by Sir Thomas Puckering their Speaker protest that Councells for war did aptly belong to the King and his Lords yet since the Commons were commanded to give their advice they humbly wished a voyage by the King if not that the Bishop of Norwich might with the advantage of the Popes Crosier be used in that Service who accepted the charge with ill successe he further for the Commons prayeth that the Kings Vncles should not be spared out of the Realme before some Peace was setled with the Scotts And that the Lord de Lars-par sent with Propositions of Peace from Spaine might first bee heard The Chancellors in the seventh yeare in name of the King willeth the Lords apart and so the Commons to consult whether Peace or Warre with Scotland and whether to resist or assault the Kings Adversaries of Spaine France and Flanders Their opinions are not entred in the Rolles an omission usuall to the Clarkes neglect onely their Petitions are recorded that the Bishop of Norwich may accompt in Parliament the expence of the money and be punished for his faults in the service which hee undertooke both which are granted And at the next Session in the same yeare the Commons are willed to advise upon view of the Articles of peace with the French whether Warre or such Amitie should bee accepted They modestly excuse themselves as to weake to Counsell in so weighty causes But charged againe as they did tender their honour and the right of the King they make their Answer giving their opinions rather for Peace then Warre Peace with France not succeeding in the eighth year the body of the State was called to advise whether the King in his owne person or by sending forces against the French Spaine Flaunders and Scotland should proceed The King haveing this yeare assembled at Oxon his great Councell to advise whether he should passe the Seas or no with an Army Royall and they not daring to assent without a greater Councell A Parliament the tenth yeare was called to have the advice of the Commons aswell as of the Lords how the Realme should be governed in their Soveraignes absence The Truce with France now neare expired the Parliament was called in the thirteenth yeare to advise upon what condition it should be renewed otherwise how the charge of warre should be sustained At this Assembly and by consent of all the Duke of Lancaster is created Duke of Aquitaine the Statutes of provision were now pas●ed and the Commons are named a party in the letter to the Pope The yeare succeeding a Parliament is called for that the King would have the advice of his Lords and Commons for the warre with Scotland and would not without their Counsell conclude a finall peace with France The like Assembly for the same causes was the yeare ensuing wherein the Commons desire the King to use a moderation in the Law of provision to please at this time their Holy Father So as the Statute upon their dislike might again be executed And that to negotiate the peace with France the Duke of Aquitaine might rather then any other be imployed To consult of the Treaty with France for the King in the seventeenth calleth a Parliament the answer of the Lords is left unentred in the Rolle but the Commons upon their faith and allegiance charged advise that with good moderation homage may be made for Guyen an appenage of the French Crowne so as it intrench not to involve the other peeces of the English conquest their answer is modest large and worthy of marke Now succeeded a man that first studied all popularity as needing all to support his Titles He in the fifth year called a Parliament to suppresse the malice of the Duke of Orleance and to advise for the warres in Ireland and Scotland neither counsels or supplies are entred in the Rolle and to resist an Inovation intended by France and Brittaine he assembleth the State againe The like was in the two yeares following for Fraunce In this the Commons conferr with the
THE FORME OF GOVERNEMENT OF THE KINGDOME OF ENGLAND Collected out of the fundamental Lawes and Statutes of this Kingdome Wherin is manifested the customary uses of the Kings of England upon all occasions either of Marriage Peace or Warre to call their Peeres and Barons of the Realme to be bartners in Treatizes and to give their juditious advice the State and security of the whole Kingdome depending upon such Counsells and determinations Likewise the names of the Kings and the times when such Parliaments were called and the Acts that passed upon those and the like occasions Henry 1 Iohn Henry 3 Edward 1 Edward 2 Edward 3 Richard 2 Henry 4 Henry 5 Henry 6 Edward 4 Henry 7 Henry 8 Published for the satisfaction of all those that desire to know the manner and forme of the Governement of the Land and the fundamentall Lawes of the Kingdome London Printed for Tho. Bankes 1642. That the Kings of England have beene pleased usually to consult in their great Counsells of Marriage Peace and Warre with their Peeres and Commons in PARLIAMENT TO search so high as the Norman Conquest it is necessary to lay downe the forme of Government of those times wherein the State of affaires led in another forme of publique Councels For the people wrought under the Sword of the first William and his followers to a subjected Vassaladge could not possesse in such Assemblies the Right of their former Liberties Divisions and Power having mastered them and none of their old nobility and Heads being left either of credit or fortunes What he retained not in providence as the Demeasnes of the Crowne or reserved in Piety as the maintenance of the Church he parted to those Strangers that sayled along with him in that Barque of his Adventure leaving the Natives for the most part as it appeares by his Survey in no better condition then villany moulding their Customes to the manner of his owne Countrey and forbore to grant the Lawes of Saint Edward so often called for To supply his occasions of men money and p●o 〈…〉 on hee ordered that all those that enjoyed any fruit of his Conquest should hold their Lands proportionable by so many Knights fees of the Crowne admitted them to enseoffe their followers of such part● as they pleased of their own portions which to ease their charge they did in his and his sonnes time by two Feoffments the one de novo the other de veteri This course provided him of the body of his warre the money and Provision was by headage assested the common people by the co●sent of their Lords who held in all their Seigniories such Right of Regalitie as to their Vassalles so as saith Paris quot Domini tot Tyranni and proved to the King so great a curbe and restraint of power that nothing f●ll into the Care of Maiestie afterward more then ●o retrench the force of this Aristocracy that was in time like to strang●e the Monarchy Though others foresaw the mischiefe betimes yet none attempted the remedy untill King Iohn whose overhastie undertaking brought in those broyles of t●e Barrons warres There needed not before this any ca●e to advise with the Commons in all publique Assembly when every man in England by Tenure held himsel●e ●o his great Lords will whose presence was ever required in those Councells and in whose assent his dependant Tenants consent was ever included Before this Kings time then we seeke in vaine for any Commons called they were called ever for making of Lawes but not to consult touching warre or Peace T●e fi●st as may bee gathered though darkely by the Records that used their Counsells and Assents was t●is King in the sixt yeare of his Raigne here are the first summons on record to the Peeres or Barrons tractaturi de magnis ardius negotiis It was about a warre of defence against the French And that the Commons were admitted at this time may fitly be gathered by the ordinance Provisum est communi assensu Archiepiscoporum Comitam Baronum aliorum fidelium nostrorum Angliae quod nomen milites Angliae invenirent decimum c. And this was directed to all the Shirefs in England The auncient use in publique lawes From this time there is a breach untill 18. Hen. 3. where the next Summons extant is in a Plea Rolle of that year but the ordinances are lost from thence the Records afford us no light untill the 49 of the same King where then the Summons to the Bishops Lords Knights and Burgesses are much in manner though not in matter alike to the use in our times this Parliament was called to advise with the King pro pace assecuranda firmanda they are the words of the writt and where advice is required consultation must be admitted To this King succeeded Edward the first his Sonne a wise just and fortunate Prince In his Raigne we have no light of publique Councell of this kind And so along to the fourth of his Granchild but what we borrow out of the Rolles of Summons wherein the forme stood various according to the occasions untill it grew constant in the forme it is about the entring of Richard the second the Journall Rolles being spoiled by the injury of time or private ends This King in the fift of his Raigne called a Parliament and therein advised with his Lords and Commons for suppressing Llewellin Prince of Wales And hearing that the French King intended to invade some peeces of his inheritance in France summoned a Parliament ad tractandum ordinandum faciendum cum Prelatis Proceris aliis Inco●is Regni quomodo huiusmodi periculis excogitatis militiis sit obviandum inserting in the writt that it was Lex notissima provida circumspectione stabilita that that quod omnes tangit abomnibus approbaretur In the thirty fourth of his Raigne super ordinatione stabilimento Regni Scotie he made the like convention His Sonne the second Edward pro solempnitate Sponsalium Coronationis consulted with his people in his first yeare in his sixth yeare super diversis negotiis statuum Regni expeditione Guerre Scotie specialiter tangentibus he assembled the States to advise the like he did in his eight yeare The French King having invaded Gascoigne in the thirteenth yeare the Parliament was called super arduis negotiis Statuum ducatus Vasconie tangentibus And in the sixteenth to consult ad refraenandum Scotorum obstinantiam malitiam Before Edward the third would resolve in his first year whether Peace or warre with the Scotish King he summoned the Peeres and Commons super praemissis tractare concilium impendere The Chancellour Anno the fifth declareth from the King the cause of that Assemby that it was to consult and resolve whether the King should proceed with