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A36228 The antiquity and power of parliaments in England written by Mr. Justice Doddridge and several other learned antiquaries. Doddridge, John, Sir, 1555-1628. 1679 (1679) Wing D1791; ESTC R13105 30,734 146

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admitting the former general Assemblies of the States but permitting onely Provincial-Synods of the Clergy for compounding of the Ecclesiastical causes where nevertheless they sate as Presidents and the Conquerour himself did not challenge to himself so absolute a conquest but the Laws that he made have this Title Hic Intimatur quod Gulielmus Rex cum principibus suit Constitutam And in giving Laws to this Nation fecit summoniri per universos Consultatus Angliae Anglos nobiles sapientes sua lege eruditos ut eorum jura Consuetudines ab ipsis Archiepiscopis Episcopis audiret And often doth he and his Son William call together Archiepiscopos Episcopos Abbates Comites Barones Vicecomites cum suis Militibus ad Consulendum And likewise oftentimes afterwards until the time of Henry first we find that there was Conventus Episcoporum Abbatum Procerum Regni Londini in Palatio Regis VVherefore Polydore Virgil and Paladine are much deceived if they thought that Henry the first held the first Parliament within this Realm Neither do they seem to be of that Opinion their words being that Regis ante tempora Henrici primi non Consue verunt populi conventum Consultandi causa nisi pro raro facere Therefore they might hold some though not so often as did their successors or agreeing with the Manuscript of Canterbury that the first Parliament wherein the Commons were called aswel as the Peeres and Nobles was 16 H. 1. For it is true that after the Conquest until this time the Commons were not called and so at this time they will have it first called by the name of a Parliament Indeed if the policy of the time be noted that may yeeld some difference The Conqueror and his Son William being strangers had no way to make permanent their victory but by adding other Laws and plucking up the old Roots of Families they found and to plant them in themselves as in new grounds So for that age it was their Wisdome to Rule and not to advise with the people But Henry the first a new bud of the old stock being a natural Englishman himself born at Selly in Lincolnshire in love of the English Nation by whom he sought his strength The Normans at that time standing at terms of revolt from him in savour of his Brother Robert Duke of Normandy he well understanding the love of his people called them to those great Counsels and setling the Authority of his Court of Parliament so established his Throne that neither Britaine Dane nor Saxon could ever after till this day disturbe either him or his posterity from the possession of this Land The making of his Laws were by Act of Parliament The Marriage of his Daughter Mawde and the entayling of the Crown to her were done by Act of Parliament The accord between Stephen and him was made by Parliament And consequently all the succeeding Kings since have ever concluded grandia Regni onely in the Parliament Yet all the times since have not kept the said Form of the Assembling of the three Estates for sometimes the Principal of the Nobility were onely called and they at the end of the Parliament were to impart to the other Barons and their Country what was done in the Parliament Afterwards King John ordained that all the Barons of England should come in their proper persons to the Parliament being Summoned 20 Knights Fees after 20 l. a Fee going to the value of an entire County 15 Knights Fees making an entire Baron by which they sate But King H. 3. after that he had smarted by the tumultuation of the Barons their multitudes bringing confusion ordained that those Earles and Barons onely to whom he directed his Writs should come unto the Parliament and none else And this which Hen. 3. began his son Edw. 1. the Founder of our civil estate calling the Barons and appointing the Knights and Burgesses to be elected and of the Barons selected the wisest and such as pleased him and did omit them and their children which did not equal them and their parents in wisdom and vertue so held it on until the time of Edward the Third there being a Writ then in use de Admittendo fide dignas ad Colloquium Some also at that time being called as William Earl of Nottingham to attend upon the King with one hundred and twenty men at armes Lawrence de Hastings Earl of Pembrook with fifty men at armes and William Clinton Earl of Huntington with sixty men at armes and so divers others The calling was with distinction The Bishops and Barons de Negotiis tractaturum Consilium impensuri The Knights and Burgesses ad faciendum Consentiendum Those times had certain Ordinances besides Estatutes for whatsoever the Lords and Commons agreed upon was presently an Ordinance and whatsoever the King gave his Royal Assent unto it then became an Estatute But if after the Parliament the King did Assent unto any Ordinance it then became an Estatute for the Kings answer is no more but le Roy le veult ou le Roy se avisera And before the Printing of Acts was used they were always engrossed and sealed with the great Seal of England and proclaimed in every Shire which use was continued from the time of H. 3. until H. 7. his days and the form was thus The King by the advice of his Lords Spiritual and Temporal at the special instance of the Commons Assembled in Parliament hath made and established these Ordinances and Statutes to the honor of God the good of the King and Realm In which words you may observe a summary of this great Counsel First the Persons the three Estates Secondly the Ends for which the Parliament was called viz. for the honour of God c. Thirdly the Means by Counsel and consent Each duty of the three degrees is insinuated in these three things viz. Request of the Commons Advise of the Lords and Establishment of the King The first expressing the suitours for the Royal Assent is never prayed by the Lords but by the Speaker the Mouth of the Commons The second distinguishing the house The King hearing the causes debated onely by the Lords The third intimating that no Bill receiveth life until the Royal Assent be given So by looking back it is easie to see the great Antiquity of this high Court delivered as you see from before the Romans but never so dignified as since Queen Elizabeths time Now for the Nature of a Parliament it is Consilium and it is Curia the power of it in matters hereditary and personal the proceedings of it in causes criminal and civil the priviledges of it sedentibus servientibus The Offices Officers and Order we leave to a further discourse thus much onely touching the Antiquity of Parliaments in England Temps Edw. le Confessor le sommons doit estre 40. Jours devant le session THe Summons of the Clergy Arch-Bishops Bishops Abbots and Priours that hold
by a County or a Barony are summoned by Writ to come to the Parliament and the King bears their expences of their remaining and aboad and all the other Deanes Arch-Deacons and Persons are summoned to appear by two sufficient Proctors which come with a duplicate of their Procurations whereof one part remaineth with the Clerk of the Parliament and the other with the Proctors 2. The summons of the Laity as Earls Barons and their Peers which hold Lands and rents to the value of a County or of a Barony viz. 20. Knights Fees every Fee being accompted at 20. l. per annum which make 400. l. or 23. Knights Fees and a half which makes 400. Marks per annum and none of the Laity of lesser condition are namely and particularly called by Writ except their presence be necessary for some special and extraordionary cause 3. Next the King sends his VVrits to the Cinque Ports to chuse Barons to answer alleadge and do for their Baronies as if all were present a VVrit under the great Seal for the VVarden for their expences 20. s. 4. Next the King sendeth his VVrits to the Sheriff of every Shire to chuse two Knights of every Shire a Mark for their expences 5. Then the King sends his VVrits to the Cities of London and Yorke or other Cities that are Counties to chuse two grave Citizens and they must also have a Mark for their expences 6. And then the Kings VVrit goeth to the Bailiffs of Boroughs to chuse two Burgesses There must be two principal Clerks of the Parliament and they must sit in the midst of the Justices to enrole all the Pleas and businesses of the Parliament not being Clerks to the Justices for there is no Justice in England hath any power or Jurisdiction in the Parliament but that the King calleth them thither to assist the Lords and to hear and determine petitions for the two Clerks are immediately subject to the King except the King assigne some of the Justices to examine their Rolls These Clerks enrole all the Judgments given in the Parliament and before the end of the Parliament they deliver them over to the Treasurer keeping a Transcript or Counter-roll to themselves their wages a Mark a day Other Clerks were assigned by the King to the Bishops and others to the Proctours of the Clergy another to the Earls and Barons another to the Knights another also to the Citizens and Burgesses these set down all doubts and answers and are present in their Counsels and being at leisure they assist the two principal Clerks to enrole the Acts of Parliament If a matter of difficulty either concerning Peace or War be moved in Parliament the King wil enjoyn all the several degrees or tribes of the Parliament the Bishops the Proctours the Barons c. to go apart into several places and the case is to be delivered to their several Clerks whereupon they are to debate amongst themselves and to advise and if all or the greatest part do not agree then the Lord Steward the Lord Constable and the Lord Marshal are to chuse thirty five out of the number two Bishops three Proctors two Earls three Barons five Knights five Citizens and five Burgesses and these thirty five men may chuse twelve and these may descend to six these six to three and these three to two and these two to one and so one person may determine a cause except the King gainsay it which he may do during the Parliament otherwise nor There be three Degrees of businesses in the Parliament 1. Wars or matters touching the Kings person the Queen and the Kings children 2. The publick businesses of the Commonwealth 3. The private and particular matters yet these are to be handled as the Bills come in by priority The principal Cryer of the Parliament the Chancellour Treasurer and Barons of the Exchequer shall record the defaults of all those that are summoned A Sermon before the Parliament must be provided by the Arch-Bishop in whose diocess it is holden Proclamation must be made in the Hall or Monastery where it is holden and in the City or Town that all men by a certain day bring in their petitions c. The Chancellor or the chief Justice of England is to declare the cause of the Summons of the Parliament The King in state ever to be present in the Parliament if he be not sick if he be sick to send for twelve persons of the house to see his person and to satisfie the house of the cause of his absence For the session the King sits alone The Arch-Bishop of Canterbury on his right hand Yorke on his left hand and so every man in his degree and the Lord Steward is to see that every man sit amongst his Peers The Ushers of the Parliament stand within the door of the house and the Cryer stands without the door and the Kings guard stands a good way without the door to keep tumults and crowds of people from about the door All sit except he that speaks who must stand to speak that all may hear None is to go in or out of the house but at one door onely The King never requires aide but for war or to make his Son a Knight or to marry his Daughter and that in full Parliament Two Knights of the Shire are greater then any one Earle or Baron and two Proctours then any one Arch-Bishop or Bishop and the King can hold his Parliament without any Arch-Bishop Bishop Earle or Baron with the Commons alone for there was a Parliament before there was any Barons but if the Commons do not appear there can be no Parliament though all the great Peeres of the Realm were present with the King for the Proctours Knights Citizens and Burgesses of the Realm do represent the whole Commons of the Realm but the great Peers of the Realm are present onely for themselves and for no others The Parliament ought not to be dissolved as long as any Bill remaines undiscussed if it be the King is perjured and publick Proclamation is to be made in the Parliament and in the Palace that if any have any petition he ought to come in and if no answer be made it is to be intended that all men are satisfied Any man that will may have a Transcript or Copie of the Acts before they be printed paying for the same 10. l. 5. s. or 10 l. 08 s. 01 d. And the Parliament may be holden in any place where it shall please the King viz. at Oxford at Kennelworth at Marlborough at Gloucester at Acton-Burnel at Leicester at the Blackfryers c. 14 H. 8. DODDRIDGE Of the Antiquity of the Parliament of England THe Ancient and first Parliament that I have read of is that in Polydore Virgil in the reign of H. 1. in the 16 year which was about the year of our Lord 1116. And this was held at Salisbury as he saith where were assembled with the King all the