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A41303 The free-holders grand inquest touching our Sovereign Lord the King and his Parliament to which are added observations upon forms of government : together with directions for obedience to governours in dangerous and doubtful times / by the learned Sir Robert Filmer, Knight. Filmer, Robert, Sir, d. 1653. 1679 (1679) Wing F914; ESTC R36445 191,118 384

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Succinct Examination of the Fundamentals of Monarchy both in this and other Kingdoms as well about the Right of Power in Kings as of the Original or Natural Liberty of the People A Question never yet Disputed though most necessary in these Times Lucan Lib. 3. LIBERTAS Populi quem Regna coercent Libertate Perit Neque enim Libertas gratior ulla est Quàm Domino servire bono Claudian LONDON Printed in the Year MDCLXXIX AN ADVERTISEMENT TO THE Jury-Men OF ENGLAND TOUCHING WITCHES Together with a Difference between An ENGLISH AND HEBREW Witch LONDON Printed in the Year MDCLXXIX The Argument A Presentment of divers Statutes Records and other Precedents explaining the Writs of Summons to Parliament shewing I. That the Commons by their Writ are onely to Perform and Consent to the Ordinances of Parliament II. That the Lords or Common Councel by their Writ are only to Treat and give Counsel in Parliament III. That the King Himself only Ordains and makes Laws and is Supreme Iudge in Parliament With the Suffrages of Hen. de Bracton Jo. Britton Tho. Egerton Edw. Coke Walter Raleigh Rob. Cotton Hen. Spelman Jo. Glanvil Will. Lambard Rich. Crompton Will. Cambden and Jo. Selden THE Free-holders GRAND-INQUEST Touching Our Sovereign Lord the King and His Parliament EVery Free-holder that hath a Voice in the Election of Knights Citizens or Burgesses for the Parliament ought to know with what Power he trusts those whom the chooseth because such Trust is the Foundation of the Power of the House of Commons A Writ from the King to the Sheriff of the County is that which gives Authority and Commission for the Free-holders to make their Election at the next County-Court-day after the Receipt of the Writ and in the Writ there is also expressed the Duty and Power of the Knights Citizens and Burgesses that are there elected The means to know what Trust or Authority the Country or Free-holders confer or bestow by their Election is in this as in other like Cases to have an eye to the words of the Commission o●… Writ it self thereby it may be seen whether that which the House of Commons doth act be within the Limit of their Commission greater or other Trust than is comprised in the Body of the Writ the Free-holders do not or cannot give if they obey the Writ the Writ being Latine and not extant in English few Free-holders understand it and fewer observe it I have rendred it in Latine and English Rex Vicecomiti salut ' c. QUia de Advisamento Assensu Concilii nostri pr●… quibusdam arduis urgentibus Negotiis Nos statum defensionem regni nostri Angliae Eccles●… Anglicanae concernen ' quoddam Parliamentum nostru●… apud Civitatem nostram West duodecimo die Novembr●… prox futur ' teneri ordinavimus ibid. cum Praelat●… Magnatibus Proceribus dicti regni nostri colloquiu●… habere tract Tibi praecipimus firmiter injungent●… quod facta proclam in prox comitat ' tuo post receptione●… hujus brevis nostri tenend ' die loco praedict duos mili●… gladiis cinct ' magis idoneos discretos comit ' praedict●… de qualib civitate com' illius duos Cives de qu●…libet Burgo duos Burgenses de discretior ' magis suffcientibus libere indifferenter per illos qui proclam ' h●…jusmodi interfuerint juxta formam statutorum inde ed●… provis ' eligi nomina eorundum milit ' civium ●… Burgensium sic electorum in quibusdam indentur ' int●…te illos qui hujusmodi election ' interfuerint inde confidend ' sive hujusmodi electi praesentes fuerint vel absentes inseri eósque ad dict' diem locum venire fac ' Ita quod iidem milites plenam sufficientem potestatem pro se communitate comit ' praedicti ac dict' Cives Burgenses pro se communitat ' Civitatum Burgorum praedictorum divisim ab ipsis habeant ad faciendum consentiendum his quae tunc ibid ' de communi Consilio dicti reg nostri favente Deo contigerint ordinari super negotiis ante dictis Ita quod pro defectu potestatis hujusmodi seu propter improvidam electionem milit ' civium aut Burgensium praedictorum dicta negotia infecta non remaneant quovismodo Nolumus autem quod tu nec aliquis alius vic' dicti reg nostri aliqualiter sit electus Et electionem illam in pleno comitatu factam distincte aperte sub sigillo tuo sigillis eorum qui electioni illi interfuerint nobis in cancellar ' nostram ad dict' diem locum certifices indilate remittens nobis alteram partem indenturarum praedictarum praesentibus consut ' una cum hoc breve Teste meipso apud Westmon The King to the Sheriff of Greeting WHereas by the Advice and Consent of our Councel for certain difficult and urgent Businesses concerning Us the State and Defence of our Kingdom of England and the English Church We have ordained a certain Parliament of ours to be held at Our City of the day of next ensuing and there to have Conference and to treat with the Prelates Great men and Peers of our said Kingdom We command and straitly enjoyn you that making Proclamation at the next County-Court after the Receipt of this our Writ to be holden the day and place aforesaid You cause two Knights girt with Swords the most fit and discreet of the County aforesaid and of every City of that County two Citizens of every Borough two Burgesses of the discreeter and most sufficient to be freely and indifferently chosen by them who shall be present at such Proclamation according to the Tenor of the Statutes in that case made and provided and the Names of the said Knights Citizens and Burgesses so chosen to be inserted in certain Indentures to be then made between you and those that shall be present at such Election whether the Parties so elected be present or absent and shall make them to come at the said day and Place so that the said Knights for themselves and for the County aforesaid and the said Citizens and Burgesses for themselves and the Commonalty of the aforesaid Cities and Boroughs may have severally from them full and sufficient Power to Perform and to Consent to those things which then by the Favour of God shall there happen to be ordained by the Common-Councel of our said Kingdom concerning the Businesses aforesaid So that the Business may not by any means remain undone for want of such Power or by reason of the improvident Election of the aforesaid Knights Citizens and Burgesses But We will not in any case you or any other Sheriff of Our said Kingdom shall be elected And at the Day and Place aforesaid the said Election made in the full County-Court you shall certifie without Delay to Us in our Chancery under your Seal and the Seals of them which shall be present
the Subjects saith he soon after this Parliament was established began to stand upon Terms with their King and drew from him by strong hand and their Swords their Great Charter it was after ●…he establishment of the Parliament by colour of it that ●…hey had so great Daring If any desire to know the ●…ause why Hen. 1. called the People to Parliament ●…t was upon no very good Occasion if we believe Sir Walter Raleigh The Grand Charter saith he was not originally granted Regally and freely for King Hen. 1. did but usurp the Kingdom and therefore the ●…etter to assure himself against Robert his elder Brother ●…e flattered the People with those Charters yea King John ●…hat confirmed them had the like Respect for Arthur D●… Britain was the undoubted Heir of the Crown upon whom John usurped so these Charters had their original ●…rom Kings de facto but not de jure and then afterwards his Conclusion is that the Great Charter had ●…rst an obscure Birth by Usurpation and was fostered and ●…ewed to the World by Rebellion in brief the King cal●…ed the People to Parliament and granted them Magna Charta that they might confirm to him the Crown The third Point consists of two parts First that ●…he Commons were not called unto Parliament until Hen. 3. dayes this appears by divers of the Prec●…dents formerly cited to prove that the Barons we●… the Common Councel For though Hen. 1. called a●… the People of the Land to His Coronation and agai●… in the 15. or 18. year of his Reign yet alwayes h●… did not so neither many of those Kings that di●… succeed him as appeareth before Secondly for calling the Commons by Writ find it acknowledged in a Book intituled The Privilege and Practice of Parliaments in these words l●… ancient times after the King had summoned His Parliament innumerable multitudes of People did ma●… their Access thereunto pretending that Privilege ●… Right to belong to them But King Hen. 3. havi●… Experience of the Mischief and inconveniences by occasion of such popular Confusion did take order that no●… might come to His Parliament but those who were spec●…ally summoned To this purpose it is observed b●… Master Selden that the first Writs we find accompani●… with other Circumstances of a Summons to Parliamen●… as well for the Commons as Lords is in the 49 ●… Hen. 3. In the like manner Master Cambden speaking of the Dignity of Barons hath these Words King Hen. 3. out of a great Multitude which w●… seditious and turbulent called the very best by Writ ●… Summons to Parliament for he after many Troubles a●… Vexations between the King himself and Simon ●… Monefort with other Barons and after appeased d●…decree and ordain That all those Earls and Barons u●…to whom the King himself vouchsafed to direct H●… Writs of Summons should come to his Parliament an●… no others but that which he began a little before h●… Death Edward 1. and his Successours constantly o●…served and continued The said prudent King Edwar●… summoned always those of ancient Families that were most wise to His Parliament and omitted their Sons after their Death if they were not answerable to their Parents in Understanding Also Master Cambden in another place saith that in the time of Edw. 1. select men for Wisdom and Worth among the Gentry were called to Parliament and their Posterity omitted if they were defective therein As the power of sending Writs of Summons for Elections was first exercised by Hen. 3. so succeeding Kings did regulate the Elections upon such Writs as doth appear by several Statutes which all speak in the Name and Power of the Kings themselves for such was the Language of our Fore-fathers In 5 Ric. 2. c. 4. these be the words The King Willeth and Commandeth all Persons which shall have Summons to come to Parliament and every Person that doth absent himself except he may reasonably and honestly excuse him to Our Lord the King shall be amerced and otherwise punished 7 Hen. 4. c. 15. Our Lord the King at the grievous complaint of his Commons of the undue Election of the Knights of Counties sometimes made of affection of Sheriffs and otherwise against the Form of the Writs to the great slander of the Counties c. Our Lord the King willing therein to provide Remedy by the Assent of the Lords and Commons Hath Ordained That Election shall be made in the full County-Court and that all that be there present as well Suitors as others shall proceed to the Election freely notwithstanding any Request or Command to the contrary 11 Hen. 4. c. 1. Our Lord the King Ordained that a Sheriff that maketh an undue Return c. shall incur the Penalty of 100 l. to be paid to Our Lord the King 1 H. 5. c. 1. Our Lord the King by the Advice and Assent of the Lords and the special Instance and Request of the Commons Ordained that the Knights of the Shire be not chosen unless they be resiant within the Shire the day of the date of the Writ and that Citizens and Burgesses be resiant dwelling and free in the the same Cities and Burroughs and no others in any wise 6 Hen. 6. c. 4. Our Lord the King willing to provide remedy for Knights chosen for Parliament and Sheriffs Hath Ordained that they shall have their Answer and traverse to Inquest of Office found against them 8 Hen. 6. c. 7. Whereas Elections of Knights have been made by great Out-rages and excessive number of People of which most part was of People of no value whereof every of them pretend a Voice equivalent to Worthy Knights and Esquires whereby Man-slaughters Riots and Divisions among Gentlemen shall likely be Our Lord the King hath Ordained That Knights of Shires be chosen by People dwelling in the Counties every of them having Lands or Tenements to the value of 2 l. the year at the least and that he that shall be chosen shall be dwelling and resiant within the Counties 10. H. 6. Our Lord the King ordained that Knight●… be chosen by People dwelling and having 2 l. by the year within the same County 11 H. 6. c. 11. The King willing to provide for the Ease of them that come to the Parliaments and Councels of the King by his Commandment hath ordained that if any Assault or Fray be made on them that com●… to Parliament or other Councel of the King the Par●… which made any such Affray or Assault shall pay doubl●… Damages and make Fine and Ransom at the Kings Wil●… 23. H. 6. c. 15. The King considering the Statutes of 1 H. 5. c. 1. 8. Hen. 6. c. 7. and the Defaults of Sheriffs in returning Knights Citizens and Burgesses ordained 1. That the said Statutes should be duely kept 2. That the Sheriffs shall deliver Precepts to Maiors and Bayliffs to chuse Citizens and Burgesses 3. The Penalty of 100 l. for a Sheriff making an untrue Return concerning the election of