Selected quad for the lemma: city_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
city_n	borough_n	sir_n	town_n	11,867	5	8.9154	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A54633	The antient right of the Commons of England asserted, or, A discourse proving by records and the best historians that the Commons of England were ever an essential part of Parliament by William Petyt of the Inner-Temple, Esq.	Petyt, William, 1636-1707.	1680 (1680)	Wing P1945; ESTC R422	80,113	272

learned Bodin of the Clergy the Nobility and the Commissioners of the Provinces and antient Cities 3. The Portugal Cortes or Parliament consists of the Bishops and Prelats the Nobiles majores minores and two Procurators or Burgesses from every City who have a deliberative voice which they call definitive 4. In Denmark Pontanus saith the Bishops the Nobility Civitatum Delegati the Deputies or Commissioners of Towns and Cities made up their General Council 5. For Sweden it does not much differ from the Government and form of Denmark their Common Council consisting of the same Estates and degrees of people that is to say Proceres Nobiles the greater and the less Nobility Episcopi Ecclesiastici Civitates Universitates the Cities Boroughs and Villages I might here if it were needful shew how great a share and interest the Hanze or free Towns in Germany have by their Deputies in all Ages had in the Diet or General Council of the Empire 6. But now at last we are come to Scotland Sir John Skene in his Epistle Dedicatory to King James before his Scottish Laws writes thus Intelligo tuas tuorumque Majorum Leges quae cum Legibus Regni tui Angliae magna ex parte consentiunt and then in his Book shews that Willielmus cognominatus Leo who as is said begun to Reign in 1105. and reigned 49. Years so as he was King of Scotland 5 10 of our Henry the first held his Assise or Parliament at Perth where several Laws were ordained to the observance whereof Episcopi Abbates Comites Barones Thani tota Communitas Regni tenere firmiter juraverunt King Alexander began to Reign Anno 1214. which was the sixteenth Year of our King John and Reigned 35. Years so as he died an 38 H. 3. he made his Laws de Consilio assensu venerabilium Patrum Episcoporum Abbatum Baronum ac proborum hominum suorum Scotiae And what the Communitas Regni in King William's Statutes and the prob● homines in King Alexanders were the League made between the French King and the Crown of Scotland Anno 28 E. 1. clearly shews being ratified and confirmed in their Parliament per Johannem de Balliolo then King ac Praelatos Nobiles Universitates Communitates Civitatum Villarum dicti Regni Scotiae and the constant practice ever since hath been that the Cities and Boroughs have sent their Proxies or Representatives to the Parliaments of that Kingdom It may therefore seem very strange that when the Cities and Boroughs in all the Kingdoms of Europe de jure and de facto were ab antiquis temporibus even in times coeval with the Government an essential part of their Common Councils or Parliaments that England should not be under the same constitution being but descendants from Gaul or the more Northern Countries if so 1. Was it because in the Britton Saxon and Norman times there were no Cities or Boroughs or if there were were they so poor and inconsiderable as they deserved no observation in the eye of the State or 2. Was it because by a strange and unheard of fate peculiar and proper only to them they were not fit or capable to give or hear reason as well as the Delegates or Representatives of the Cities and Boroughs of France Spain Portugal Denmark Sweden and Scotland or 3. Had they no property or right in their Estates Certainly in my opinion none of these Objections can be admitted allowed or proved for In the Brittons time venerable Bede tells us Erat Britannia viginti octo Civitatibus quondam Nobilissimis insignita praeter Castella innumera quae ipsa muris turribus portis ac seris erant instructa firmissimis Nor were they of less reputation in the Saxon or Norman times when they were thought so necessary and proper for the safety of the Govern ment preservation and defence of the Laws that it was ordained by William the First and the Common Council of the Kingdom That no Market or Fair should be permitted to be held nisi in Civitatibus Regni nostri in Burgis ubi consuetudines Regni Jus Commune dignitates Coronae nostrae deperiri non possunt nec defraudari nec violari sed omnia recte in aperto per Judicium Justitiam fieri debent c. ad tuitionem gentium populorum regni ad defensionem Regni And if in the Brittons times the Nation was so strong in Cities and Castles surely it cannot be imagined but that in the Saxon and Norman times when the Nation became to be more civilized and considerable in the World the Estates or Degrees of the Inhabitants would easily part with these Liberties and Priviledges which their Ancestors though less knowing and powerful did claim and enjoy Having thus concluded my Arguments against the Position of 49 H. 3. I have thought it not altogether impertinent to add some brief Observations for the better understanding of antient Records and Historians in their various Lections and different expressions I shall therefore consider 1. The different application of the words Commune Communitas or Plebs 2. The several Denominations by which our antient General or Common Council or Parliaments were expressed 3. The various acceptation of the word Baro and that under the Phrase of Baronagium Angliae both Lords and Commons were comprehended Observation I. The different application of the words Commune Communitas or Plebs THere lies a main Objection against me for some Authors say that the words Commons Communitas or Plebs is not to be met withal in any antient Authors or Records ab ingressu Willielmi Primi usque ad excessum H. 3. and therefore conclude they were never a part of the Commune Concilium or Parliament before 49 H. 3. because not mentioned eo nomine Admitting the Objection true which I conceive otherwise yet it is no Conclusive Argument for before the Statute An. 3 R. 2. cap. 3. I cannot find the appellation of Lords Temporal nor before the 13 th of that King cap. 2. the phrase Lords Spiritual and Temporal in our Printed Statute Books Ergo from thence it follows by a necessary consequence according to their Argument that they were not any part of the Generale Concilium or Parliament before those times because not expressed by that name I suppose this Conclusion will not be admitted true But as I am well satisfied that the Archbishops Bishops Abbots and Priors who were often expressed by and comprehended in the word Praelati and who in after times constituted the Lords Spiritual and the Earls and Barons as now differenced the Lords Temporal were ab antiquo undoubtedly a part of the Commune Concilium Regni or Parliament so it may be proved if insisted upon That the Milites and libere tenentes de Regno or Angliae the Knights and Gentlemen or

she sends Writs in the Kings name directed Archiepiscopis Episcopis Abbatibus Prioribus Comitibus Baronibus Militibus liberis Cominibus Civibus Burgensibus terrae s 〈…〉 Hiberniae telling them that mittimus fratrem Nicholaum de Sancto Neoto fratrem Hospi●●i Sancti Johannis Jerusalem in Anglia ad parses Hiberniae ad exponendum vobis together with I. Fitz Geffery the Kings Justice the State of his Land of Vascony endangered by the hostile invasion of the King of Castile qui nullo jure sed potentia sua consisus terram nostram Vasconiae per ipsius fortitudinem à manibus nostris auferre à Dominio Regni Angliae segregare proponit And therefore universitatem vestram quanta possumus affectione rogantes quatenus nos jura nostra totaliter indefensa non deserentes nobis in tanto periculo quantumcunque poteritis de Gente pecunia subveniatis which would turn to their everlasting honour concluding his nostris angustiis taliter compatientes quod nos baeredes nostri vobis haeredibus vestris sumus non immerito obligati Teste Regina R. Comite Cornubiae apud Windesor 17 o Die Februarii per Reginam The other Writ somewhat varies being a Commission touching the Chief Justice Fitz Geffery to be as an Assistant or Co-commissioner with Father Nicholas to hold the Parliament to declare to them the State of Gascony pericula nobis imminentia ad tractandum vobiscum super auxilio nobis faciendo against the King of Castile desiring they would give Faith to what the Chief Justice should say to them thereupon Rot. Pat. 5 E. 1. m. 13. we read Rex Archiepiscopis Episcopis Abbatibus Prioribus Comitibus Baronibus Militibus omnibus aliis Anglicis de terra Hiberniae c. vobis mandamus quod ad certos dies quos ad hoc provideritis videlicet citra Festum Nativitatis beatae Mariae Virginis in aliquibus locis opportunis conveniatis diligentem tractatum inter vos habeatis utrum fuerit praejudicio vestri libertatum consuetudinum vestrarum that the meer Irish should use and enjoy the same Laws and Customs in common as the English there and to send their Judgment and Counsel under the Seal of the Justice of Ireland And in the twentieth Year of this King Magnates probi homines Terrae Hiberniae quint amdecimam partem de bonis catallis suis concesserunt gratiose to the King which certainly was done in the Generale Concilium or Parliament and that the general phrase probi homines did include and comprehend the Citizens and Burgesses to be part of that General Council for Rot. Claus. 7 H. 3. m. 7. dorso the Citizens of Dublin are called Probi homines nostri Dublyn From hence may be observed 1. That by the Patent Rolls of 38 H. 3. the Citizens and Burgesses were summoned to meet at the great Council or Parliament as well as the Prelates Earls Barons Knights and Free-holders and equally desired to give the King a Subsidy of men and money 2. That though in the Writ of E. 1. the Citizens and Burgesses are not mentioned eo nomine the phrases of directions in Writs being in those Ages very various sometimes more general and sometimes more particular yet the words omnibus aliis Anglicis after Baronibus Militibus must comprehend the Citizens and Burgesses who were to meet and diligently to treat with the Archbishops Bishops Abbots Priors Earls Barons and Knights and Freeholders whether it would be in prejudice of their Liberties and Customs if the meer Irish should enjoy the same Laws and Customs as they of the English extraction did and they were to join in giving their judgment and counsel with the rest of the Parliament And reason it self speaks it since the admission of the meer Irish into equal priviledges and rights with themselves in their Cities and Towns would be of so great a consequence to them for upon the Kings granting by Charters to several Irish Families the benefit of the English Laws great disputes arose so that Rot. Claus. 10 E. 2. m. 28. intus upon a Petition to the King he granted that semel in anno tene●tur Parliamentum to redress their grievances touching the Irish and English Laws and so the word Parliamentum ascertains what those Councils were in the Patent Rolls of 38 H. 3. and 5 E. 1. before-mentioned And now I will close my Arguments declaring under the good favour of so eminently learned Authors that their resolves and opinions which they have published to the World that the inception and original Election of Knights Citizens and Burgesses or the admission of the Commons of England as now phrased into Parliament by Rebellion and Treason Anno 49 H. 3. are not at all satisfactory and convincing in my judgment unless they give more certain and greater testimonials than yet I have met with and answer these few Records against their so severe Position A Position believe me that like a tempestuous Whirlwind not only rends off and dismembers an essential branch but shakes the very Root of the right and honour of our English Parliament and equally wounds both Lords and Commons because these learned Authors themselves do agree that there is not yet discovered any formal Summons of the great Lords no more than of the Commons to any Parliament before the said 49 H. 3. And here I must beg the favour of the Reader of adding a supplemental Argument which at first I confess was not intended and it is this If in the General Councils or in our present Dialect Parliaments for instance 1. Of France 2. Spain 3. Portugal 4. Denmark 5. Sweden and 6. Scotland the Cities and great Towns or Boroughs have from time immemorable both de jure and de facto had their Delegates or Representatives Upon what authority or reason can it be believed that so universal a Northern Custom or Law did not obtain and was never practised in England before 49 H. 3 1. FOR France we find their Conventus ordinum or L'assemblie des Estates consisted de Sacerdotio Nobilitate plebe of the Clergy Nobility and Commons this is evident by the Parliament Roll 9 H. 5. which takes notice of the peace made between England and France that the same was confirmed in France per tres Status regni viz. Praelatorum Cleri necnon Procerum Nobilium ac etiam Civium Burgensium Civitatum Villarum Communitatum dicti Regni Francorum ipsi tres Status eandem pacem omnia singula contenta in eadem APPROBARUNT LAUDARUNT ACCEPTARUNT AUCTORIZARUNT It seems by this that the French Kings were not so despotical and absolute by the fundamental Laws of that Kingdom as their Successors have by acts of power since made themselves 2. In Spain their Curia or Cortes del Reyno is compounded as Dr. Heylin cites out of the