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-Arch-Bishops Bishops Abbots and Priours that hold
Parliament or in the Parliament time be arrested and by priviledge be discharged after the Session endeth then he is again arrested and presently cometh another Session then must he be discharged again and so continue perhaps eight or ten years and the debtor cannot come by his debt what course should be taken for the debtors presence is still of Record in the said house and in the former case the said Martin was discharged In the Parliament Anno 27. Eliz. one Kerle was brought into the house of Commons for serving a Sub-poena out of the Star-chamber upon a Burgesse he was awarded to pay five Marks for his charges and he absolutely dismissed Sir Robert Brandling made an assault in the North upon one Witherington of the house of Commons in the Country before his coming to the Parliament Sir Robert was sent for up by the house and committed to the Tower One Gardiner a Burgesse of the Parliament committed to the Fleet by my Lord Keeper was delivered putting in bond that he should after the Parliament apper A Bargesse of Parliament a little before the end of the Parliament fell sick 28 Eliz. and six weeks after the Parliament ended when he was recovered and to go into his Country he was arrested and yet notwithstanding he had his priviledge Quaere That not onely the Burgesses and Knights shall have priviledge but also their attendant Servants 28 Eliz. One Mr. Hall a Burgesse had his man in Execution for debt and was delivered The said liberty for Servants is mentioned in the Statute of 8 H. 6. chap. 1. where it is ordained 34 H. 6.26 a. that such as shall be called to the Convocation by the Kings Writ and their Servants and Familiars shall for ever hereafter fully use and enjoy such liberty or defence in coming tarrying and going as the great Men and Commonalty of the Realm of England called or to be called to the Kings Parliament One Richard Chedder Esquire which came to the Parliament with Sir Thomas Brook one of the Knights of the Parliament for Somerset 8 H. 4.13.20 9 H. 4.1 Parliament 5 H. 4. and the said Thomas his menial Servant was wounded and beaten by one John Savage this being done in the Parliament time he made a Fine and Ransome to the Kings will Touching the choice place and votes of Members of Parliament I shall give you a brief account out of our Books of Law Place is given to Knights in Parliaments because they do import the presence of all the Freeholders of the several Shires for which they are chosen and hereof see the Book in 2 R. 3.12 a. Ireland is not bound touching Land by the Statutes of England Quia non hic habent milites in Parliamento Farther by Martin the reason why ancient demesne is not bound and made privy to divers Statutes is because they are not contributary to the expences of Knights and Burgesses 7 H. 6.35 Fitz. Jurisdict 4. And further by Nele it is plainly expressed that the cause why Acts of Parliament are publick is 21 E. 4.59 a. for that every Man hath his Attorney in Parliament to wit the Knights of the Shire for the Country and the Burgesses for the Cities and Borroughs It seemes that in ancient time there was but one Knight for a Shire for the Statute of Staple made 27 E. 3. Staple 9. hath these words Whereas good deliberation had with the Prelates Dukes Earles Barons and great Men of the Counties that is to say of every County one for all the Counties and of the Commons of Cities and Borroughs None shall be chosen Knights of the Parliament unless they be resiant within the Shire where they shall be chosen the day of the date of the writ of the Summons of the Parliament and that the Knights and Esquires 1 H. 5. cap. 1. and others which shall be chusers of the Knights of the Shires be also resiant within the same Shires in manner and form as is aforesaid and by the same Statute it is ordained and established that the Citizens and Burgesses of the Cities and Borroughts be chosen men Citizens and Burgesses resiant abiding and free in the same Cities and Boroughs and none other in any wise The manner of Election of the Knights of the Parliament is declared by Authority of Parliament as followeth that is to say at the next County to be holden after the delivery of the writ of the Parliament proclamation shall be made in the full County of the day and the place of the Parliament and that all they that be then present as well Suitors duly summoned for the same cause as others shall attend to the Election of their Knights for the Parliament and then in the full County they shall proceed to the Election freely and indifferently notwithstanding any Prayer or Commandment to the contrary and after that they be chosen the names of the Persons so chosen be they present or absent 7 H. 4. cap. 15. shall be written in an Indenture under the seals of all them that did chuse them and tacked to the said writ of the Parliament which Indenture so sealed and tacked shall be holden for the Sheriffs return of the said Writ touching the Knights of the Shires 7 H. 4. cap. 15. 7 H. 4. cap. 15. And the Election shall be in every County of the Realm of England by people dwelling and resiant in the same Counties whereof every one shall have free Land or Tenements to the value of forty shillings by the year at the least above all charges and that they that shall be so chosen shall be abiding and resiant within the same Counties and such as have the greatest number of them that may expend forty shillings by the year and above as aforesaid shall be returned by the Sheriff of every County Knights for the Parliament by Indentures sealed betwixt the said Sheriffs and the said Chusers so to be made and every Sheriff of the Realm of England shall have power by the said authority to examine upon the Evangelist every such Chuser how much he may expend by the year 8 H. 6. cap. 7. c. Provided always that he that may not expend forty shillings by the year as aforesaid shall in no wise be Chuser of the Knights for the Parliament 8 H. 6. cap. 7. 8 H 6. cap. 7. Which Act of Parliament was afterwards expounded that the Knights of all the Counties within the Realm of England to be chosen to come to the Parliament hereafter to be holden shall be chosen in every County by people dwelling and resiant in the same whereof every man shall have Freehold to the value of forty shillings by the year at the least above all charges within the same County where any such Chuser will meddle with any such Election 10. H. 6. cap. 2. Against the Parliament holden Anno 27. and 28 Eliz. a Writ issued to the Sheriff of Norfolk
Parliament then if the Parliament be dissolved the party is at large and the other without remedy If the King upon such Petition do appoint Commissioners for the determining of the Errors and upon the Scire facias the parties do appear 22 E. 3.3 if the Parliament be dissolved before the cause determined the Commissioners after the Parliament is ended cannot proceed to the determination of the matter or do any thing therein but they must expect a new Session of Parliament If judgment be given in Parliament and that also happen to be erronious there is no Court that can redress this Error but the Parliament it self for as much as it is the highest Court of the land and there is no higher Court in which he may have remedy 7 H. 6.29 a. As touching the Courts whose judgments are to be rereversed in Parliament First it is to be noted That all erronious judgments given in the Kings Bench touching matter and substance of Law or matter in fact were by the course of the common Law to be reversed in Parliament 7 H. 6.28 because it was before the King himself and therefore it was ordained by several Statutes made to avoid delay of suits 36 E. 3. cap. 10. 50 E. 3. 1 R. 2. 2 R. 2. that once every year a Parliament should be holden But now by a Statute made in the twenty seveth year of Queen Elizabeth it is ordained in the eighth Chapter that all erronious judgments in matters in Law shall be considered and reversed by the Iustices of the Common Place 27 Eliz cap. 8. and the Barons of the Exchequer or by six of them but if the error in the Kings Bench be in matter of Process or proceeding 7 H. 6.28 2 R. 3.22 27 H. 8.16 3 Eliz. Dyer 19 b. p. 93 the same might alwayes have been reversed in the said Court of the Kings Bench although if judgment be there given upon a plea which is before discontinued the same cannot be reversed but by Parliament In all cases in the Chancery wherein the Lord Chancellor is to adjudge according to the common Law 16 E. 3. fitz tit brief 651. Com. 393. 18 E. 3.25 17 Ass p. 24. 42 Ass p. 22. 27 H. 8.16 b. as in the repeal of Patents actions against priviledged persons Audita Querela upon Statutes c. There if erronious judgments be given the same is to be reversed in the Kings Bench 14 Eliz. Dyer 315. P. 100. although some opinions in other Books have been to the contrary 37 H. 6.14 a. but in matter of conscience their decrees are reversible by themselves Thus have I briefly touched upon several things which upon some other occasion I shall inlarge Touching such matters as are proper for the Parliament you shall see in an Excellent Book lately printed being an exact Abridgement of the Records in the Tower of London from the Reign of King Edward the second unto King Richard the third of all the Parliaments holden in each Kings Reign and the several Acts in every Parliament Collected by the learned payns of Sir Robert Cotton and revised and published by the unwearied labors of VVilliam Prynne of Lincolns-Inne Esquire a Book worthy of the Study of all the learned Gentlemen of this Nation I conclude with my humble prayer that the all-wise God would grant to this Nation a setled Government and a quiet State that our English Parliaments may recover and enjoy their ancient honour and lustre John Doddridge From my Chamber in the middle Temple the third of Dec. 1657. The several Opinions of sundry Antiquaries touching the Antiquity Power Order State Manner Persons and proceedings of the high Court of Parliament in England THere is no king in the world nor any subjects of any king that have a greater and more binding and yet a more free Council then this in our Parliament in England whose general Acts since all men must take knowledge of it may be profitable to every man to understand the Dignity Order and Antiquity thereof Soveraignty the highest degree of Honour is imported in the very Summons For the king himself jure Regio as a Flower of the Crown hath the absolute power of calling and dissolving it Order it self stands represented when the Court is sitting such is the Majestie of the Prince the Gravity of the persons their State in proceeding But this being often seen and so best known and the other unknown to many that sit and often see the order of this Court therefore we will treat principally of the Antiquity Nature Power and Jurisdiction of this high Court of Parliament And first of the Appellation the word Parliament Some derive it from Peers à potiore parte quasi parium Conventum or as others say quasi parium lament ' others more probably from the French word parler or that of the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to treat and confer freely The French Histories say that this Name in this sense began at the Assembly of the Peers of France anno Dom. 1200. but it appeareth to be more ancient with us then of that time for Ingulphus who died 1009. saith In publico nostro Parliamento c. taking it there for a Meeting or Chapter of the Abbot Ingelo King of Polonia in the Polish State calleth the Assembly Generale Parliamentum This may raise a doubt of the former etymologie of it from the French word parler But no doubt the word was brought into the Realm by the French Monks and after applied by the Statists in the time of H. 1. to the General Council of the Kingdom But the like Assemblies as Parliaments are being much more ancient then the Parliament underwent these names of old times The Britains called them Kyfrithin because Laws were therein made by the English Saxons in their English Graduisis a Council sometimes Wittena Mota a Meeting of wise men Sometimes of the Greek word Synodos The Latine Authors of that Age call it Consilium Magnatum Curiae altissima praesentia Regis Prelatorum Procerumque Collectorum as appeareth by the Charter of Withlasias anno 833. and of King Edgar anno 966. And now to step a Nomine ad Rem before the time of Soveraignty Natures law directed men to the love of Society and care to preserve it and gained free consent even of lawless men to admit of certain Customs as Laws from hence framing matter of Form for a Commonwealth But new springing mischiefs standing remediless by the elder Customs caused for remedy thereof the calling of yearly Councils the original no doubt of our after-Parliaments And it shall appear that our Kingdome from as grounded Authority as any other Nation can prove of old the practise of these great Assemblies then called Counsels now Parliaments Those Sages the Druides most proper to this Isle had yearly Conventions of their noblest and best people in a middle consecrated Plot of this Kingdome punishing with proscription from their Sacrifices whoso
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
Idem Constitutionem pro Institutione ponit ut inuit haec non instituta fuisse suo proprio Arbitrio sed multorum Consilio And the said King Canutus in the Preamble of his said Laws sheweth that he decreed his said Laws in this manner Convocato itaque Comitum Procerumque Conventu ut Episcoporum Abbatum caeterorum Nobilium nec non caeteris nobilitatis sapientiaeque totius Angliae Consilio satagebat communi decreto ut in quantum humana ratio valuit ea quae justa fuerant stabiliret c. And in the said Preamble is set down that before his time Synodes or Assemblies for the Commonwealth were very rare saving Ecclesiasticae institutiones synodorumque conventus apud Anglos Inusitati adhuc fuerunt And the reason I suppose was that before Canutus the Realm was governed by sundry Kings but he having conquered them all and reduced them into one Monarchie alleadgeth in his Preamble Sicut sub uno Rege ita una lege Universum Angliae Regnum regeretur so as I conclude in this point that before Canutus there were no Parliaments in England the reason I have shewed before which was the diversity and continual interwar between the Heptarchy by him reduced to a Monarchy Since his time I find that Edward the Confessor in his Charter made to Westminster-Abbey did seal and signe the same at a Parliament for thus he saith Hant Igitur donationis libertatis chartam in Die dedicationis praedictae Ecclesiae recitari jussi Coram Episcopis Abbatibus Comitibus omnibus optimatibus Angliae omni populo audiente vidente where note these words Omnibus optimatibus Angliae and omni populi audiente vidente which cannot be but in a general Assembly by Summons and that is proved by the number and diversity of the witnesses being Bishops Abbots Knights Chancellors Kings Chaplains Dukes Earles Ministri Milites c. And William the Conqueror in his Charter of the Ratification of the liberties of that Church after he hath subscribed the cross with his name and besides him a great number of others of the Clergy and Nobility in stead of Cummultis aliis hath these words Multis praeterea illustrissimis virorum personis Regum principibus diversi ordinis omissis qui similiter huic Confirmationi piissimo affectuâ— testes fautores fuerunt Hii etiam illo tempore a Regia potestate e diversis provinciis urbibus ad Universalem Synodum pro causis Cujuslibet Sanctae Ecclesiae audiendis tractandis ad praescriptum celiberrimum Caenobium quod Westmonasterium dicitur Convocati c. And in another Charter of his to the said Abbey are these words Anno Incarnationis Dom. 1081. regni etiam praenonominati gloriosi Regis Willielmi iv Convenientibus in unum cunctis primis primatibus in nativitate D.N. I. C. I read not in Rufus time of any Parliament But it appeareth in the Red Book of the Exchequet that H. 1. before the Constitution or making of his Laws setteth down Quae Communi Consilio assensu Baronum Regni Angliae c. And then proceedeth Omnes malas consuetudines quibus Regnum Angliae opprimebatur inde aufero quas ex parte suppono Testibus Archiepiscopis Episcopis Baronibus Comitibus Vicecomitibus optimatibus Regni Angliae apud Westimonaster ' quando Coronatus fui The marriage of his daugter Mawde and the entayling of the Crown to her and her heirs was done by Parliament the Accord also between him and Stephen was done by Parliament and so consequently all matters of Importance were done and concluded in Parliament and of such force is an Act of Parliament here in the governance of the State of the Realm as it is deemed as an Oracle from Heaven and resteth onely in the Kings and Queens power to qualifie and mitigate the severity thereof And thus much of the Antiquity I leave to others to discourse of the manner how they that are to treat therein are to be called and of their priviledges and so I end AGAR Of the Antiquity of Parliaments THe diligent observers of the Antiquities of this Realm do very well know that Acts of Parliament are of so high a nature that they do not onely tie the Inheritance of every man but what is there ordained every subject of the Land is bound to take notice of at his peril and because no man that should desire to inform himself therein should be ignorant what was done in Parliament as now we use printing of the Acts so before printing all the Ordinances affirmed by royal assent were recorded and then published under the great Seal of England with a general preface and proclaimed in every Shire this you may see continued from the time of H. 3. till about H. 7. his days and ordinarily the form was thus The King such a day and such a place as at Westminster the 20 day of April in the second year of the raign of King H. 6. by the advice of his Lords spiritual and temporal and at the special instance and request of the Commons Assembled in Parliament hath made and established these Ordinances Acts and Statutes to the honour of God the good of the King and Realm in form following and then sets forth every Act in particular Chapters Here you may see the persons assembled the end of their meeting and the means to make it effectual the persons which meet at the Parliament are the three Estates of the Realm first the King Secondly the Nobles spiritual and temporal Thirdly the Commons of the Land The end of the meeting is to do something to Gods glory the Kings good and the benefit of the whole Land and the means to effect the same is by consultation and consent The particular duty of each of these three seems to be insinuated in these words first the request of Commons secondly the advice of the Lords thirdly the establishment of the King the Commons being most in number and such as live in all the parts and places of the Land are like to have most and best notice of such things as are most likely and meet to be provided for and being weak in power and most subject to feel such inconveniences as greatness may lay upon them and therefore are fittest either first to lay open their griefs and pray Reformation or though they be not able at the first with Judgment to foresee ensuing dangers yet the same being once proposed and instantly apprehended they may with instance importune allowance of such Laws as may turn to their good and our own experience teacheth us that the Royal Assent is never prayed by the Lords but by the Speaker who is the mouth of the Commons In the presence of a prince a common person will scarce have the audacity to speak but when necessity maketh him crave help and therefore 't is properly said That the King advised with the Lords because he heareth the
which they called in their ancient English tongue Gereduysis or a Counsel sometimes Wittena Mota as a meeting of wise men and sometimes by the Greek word Synoth The Latine Authors of that age did call it Consilium Magnatum Conventus and Praesentia Regis Praelatorum Procerumque Collectorum as appeareth by the Charter of King Edgar to the Abbey of Crowland in the year 961. At which time it seemeth by the subsigning that Abbesses had their voices there and consents aswel as the Prelates and Nobles of the Land After the Norman Conquest the two first Kings reigned with their swords in their hands absolutely of themselves viz. the Conqueror and William Rufus his Son not admitting of themselves any general Assemblies of the States of the Realm but permitting onely provincial Synodes of the Clergy for the composing of Ecclesiastical controversies as some write wherein they themselves sate nevertheless as Presidents yet in their meetings as it is in Hovedon where he setteth down the Lands of William the Conqueror he did set them down And by the Counsels of the Barons fecit summoniri per universos Consultatus Angliae Anglos nobiles sapientes sua lege eruditos ut eorum jura Consuetudines ab ipsis audiret Electi igitur de singulis totius Patriae Comitatibus viri Duodecem Jurejurando Confirmaverunt primo ut quoad possint recto tramite neque ad dextram neque ad sinistram partem divertentes legem suarum Consuetudinem sanctitatem patefecerint nil praetermittentes nil addentes nil praevaricando Mutantes And oftentimes he and his son William called together the Arch-Bishops Bishops Abbots Archiepiscopos Episcopos Abbates Comites Barones Vicecomites cum suis militibus and in the time following we find that there was conventum omnium Episcoporum Abbatum Florentius Vigorniensis procerum Regni Londini in palatio Regis But an old Manuscript Book saith That the first Parliament wherein the Commons were called aswel as the Prelates and Nobles Liber Cantuarmu was in the sixteenth year of H. 1. and then was first called by the name of Parliament as some say from the Peeres a potiore parte quasi parium Conventus some derive it from the Peeres ridiculously quast Parium lamentum others more probably derive it from the French word Parler as that of the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is to treat and to confer together Some of the French Historians write that this name in this sence began at an Assembly of the Peeres of France about the yeer of Christ 1200. But I find the word to have bin in use with us in this Realm long before for Ingulphus who died in the year 1109. used the word for the meeting or Chapter of the Abbot and Covent writing thus Concessimus etiam tunc seriantiam nostrae Ecclesiae semiano de Leke qui veniens coram conventu in publico Parliamento nostra similiter Juramentum praestitit quod fidus fidelis nobis existerit Neither do I doubt but that the word was brought into this Realm by the French Monks and first used by the Statists in the time of H. 1. and since that time the authority of this Court hath stood setled and the Communalty hath had their voice which the said H. 1. granted unto them being a natural Englishman himself and in love of the English Nation when at that time the Normans were on the terms of revolt from him in favour of Robert his Brother Duke of Normandy Now for the form of Assembling of these three sorts of Estates in this high Court I find no certainty till the time of King John It is apparent by a Petition exhibited by the Lord Fitz-Hugh in a Parliament holden at Leicester 2 H. 1. that the principal Nobility were onely called and they after the end of the Parliament to impart unto the 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 whensoever they were summoned The form I will deliver out of the words of the petition Ipse Dominus Rex generalis summonitiones vicecomitibus cujuslibet Comitatus diligeret ipsos injungendo quod omnes Comites Barones quorum nomina infra scripta fuerunt infra suas balivas residentes ipsi summonirent ad veniendum ad Parliamentum Regis hoc non omittatur quacunque ex causa sub paend Magni Contemptus at which time as it is in the Book intituled Modus tenendi Parliamentum all Earls which have Lands Tenements and Revenues to the value of an entire County at twenty Knights Fees after twenty pound a Fee or the value of an entire Barony which is fifteen Knights Fees and a half came to the Parliament but when so great a multitude coul not but breed tumultuous confusion King Henry the third after he had smarted by these confused multitudes of Barons ordained that those Earls and Barons unto whom he directed his Writs should onely come to the Parliament so in the ancientest Summons that I have seen which were in 49 H. 3. there were called besides the Earls onely 17 Barons This which King H. 3. began was fully perfected by King Edward the first his Son who elected the wisest and such as pleased him and likewise omitted them and their children in their summons if they did not equal their Parents in wisdom and other good parts and offices of valour and government so we see in that time Hilton Corbet Point Leyburne Vavasour c. and such other like were summoned once or twice in Parliaments and their posterity wholly omitted afterwards The Barons and Bishops were called De Negotiis tractaturi Consilium impensuri The Knights and Burgesses ad faciendum consentiendum iis quae ibidem de communi Consilio dicti Regni nostri favente Deo contigerit ordinari super Negotiis antedictis And in the same words were the Clergy called ad faciendum consentiendum so as it seemeth they had asmuch to do in Parliament then as Knights of Shires and Burgesses WILLIAM CAMDEN Of the Antiquity of Parliaments in England I Find in many ancient Histories that the Kings of this Land did use to call together the Nobility and Estates of the Realm to confer with them especially about matters of War when any necessary occasion did move them thereunto But it is thought by Holinshead in his Chronicle that the first use of the Parliament did begin in the 17 year of H. 1. which since that time hath remained in force and is frequented unto our times insomuch as when any thing is to be decreed appertaining to the State of the Commonwealth it shall not be received as a Law until by the Authority of that Assembly it shall be established And because the house of Parliament should not be overcharged with multitudes E. 1. did order that none of his Barons and
Nobility should come unto this Assembly but such as it should please the King to call by his Writ and the rest to be chosen by voice of the Burgesses and Freeholders of the Shire where they did dwell as Mr. Camden Clarencieulx in his Britannia hath very well remembred It is recorded amongst the Summons of Parliament 35 E. 3. that there is no Writ de admittendo fide dignos ad Colloquium and amongst the Earls and Barons there is returned Mary Countesse de Norff. Alienor Countesse de Ormond Phillippa Countesse de March Agnes Countesse de Pembrook and Katherine Countesse of Athel Upon the Parliament-Roll Anno 14. or 15. E. 3. there are divers Writs directed to sundry Earls and Barons de veniendo ad Regem whereof the first is directed to William Earl of Southamton to attend the King with 120 men at armes William de Clinton Earle of Huntington with 60 men at armes Lawrence de Hastinges Earle of Pembrook with 50 men at armes and so likewise there were divers directed to others and these several kinds of Summons because I find them recorded amongst the Parliament-Rolls I thought good to remember them to you I will conclude upon the Etymologie of the word which is Parliament which is to speak and deliver a mans mind freely in that Assembly whereof the boldest speech that ever I did read of to be spoken in the Kings presence was spoken by Roger Bigod Earle Marshal of England unto King Edward the first in the Parliament-house at Salisbury where the King would have had him to go into Gascoyne for him with an Army but when the Earle excused himself saying He would be be ready to go if the King went himself the King then in a chafe said By God Sr. Earle thou shalt either go or hang and I said the Earle swear the same Oath that I will neither go not hang and so departed from the King without taking leave JOSEPH HOLLAND The Antiqutty of Parliament The two Synewes of the Common-wealth are Punishment and Reward AS touching the nature of the high Court of Parliament it is nothing else but the Kings great Counsel which he doth Assemble together upon occasion of interpretings or abrogating old Laws and making of new as ill manners shall deserve or for the punishment of evil doers or the reward of the vertuous wherein these four things are to be considered 1. VVhereof this Court is composed 2. VVhat matters are proper for it 3. To what end it is ordained 1. As for the thing it self it is composed of an Head and a Body The Head is the King the Body are the Members of the Parliament This Body again is subdivided into two parts the upper house is divided partly of the Nobility Temporal who are hereditary Councellors to the high Court of Parliament by the honour of their Creation and Lands and partly of the Bishops spiritual men who are likewise by vertue of their dignity ad vitam of this Court. The other house is composed of Knights of the Shire and Burgesses for the Towns but because the number would be infinite for all Knights Gentlemen and Burgesses to be present at every Parliament therefore a certain number is selected out of that great Body serving for that great Parliament where their persons are the representations of that Body 2. For the matters they ought to treat of they ought therefore to be general and rather of such matters as cannot well be performed without the Assembly of that general Body and no more of the generals neither then necessity shall require for as in Corruptissima Republica plurimae sunt leges so doth the life and strength of the Law consist not in heaping of infinite and confused numbers of Laws but in the right interpretation and due execution of good and wholesome Laws 3. The end for which the Parliament is ordained being onely for the advancement of Gods glory and establishment of the VVeale of the King and his people it is no place for particular men to utter their private conceits for satisfaction of their curiosities or to make shew of their Eloquence by spending the time with long studied and Eloquent Orations for the reverence of God their King and their Country being well setled in their hearts will make them ashamed of such toyes and remember that they are there as sworn Counsellors to their King to give their best advice for the furtherance of his service and flourishing Weale of this Sate 4. And lastly to consider the means how to bring all your labours to a good end you must remember that you are Assembled by your lawful King to give him your best advice in matters proposed by him unto you being of so high a nature as beforesaid wherein you are gravely to deliberate and upon your consciences plainly to determine how far those things propounded do agree with the Weale both of your King and the Country whose VVeals cannot be separated FINIS There is lately come forth an exact Abridgment of the Records in the Tower of London from the reign of King Edward the Second unto King Richard the Third of all the Parliaments holden in each Kings reign and the several Acts in every Parliament Together with the names titles of all the Dukes Marquesses Earles Viscounts Barons summoned to every of the said Parliaments Collected by Sr. Robert Cotton Knight and Baronet And are to be sold by William Leake at the Crown in Fleetstreet between the two Temple-Gates Books printed or sold by William Leak at the signe of the Crown in Fleet-street between the two Temple-Gates YOrks Heraldry fol. A Bible of a very fair large Roman Letter 4. Orlando Furioso fol. Perkins on the Laws of England 8. Wilkinsons Office of Sheriffs 8. Persons Law 8. Mirrour of Justice 8. Topicks in the Laws of England 8. Delamains use of the Horizontal Quadrant Wilby's second set of Musique three four five and six parts 4. Malthus Artificial Fire-works Corderias in english 8. Dr. Fulks Meteors with Observations 8. Nyes Gunnery and Fire-works Cato Major with Annotations Mel. Heliconium by Alexander Rosse 8. Nosce teipsum by Sir John Davis 8. Animadversions on Lillies Grammar 8. The History of Vienna and Paris 4. The posing of the Accidence The History of Lazarillo de Tormes the witty Spaniard Hero and Leander by George Chapman and Christopher Marlow Guillims Heraldry fol. Herberts Travels fol. Man become guilty by John Francis Senault and englished by Henry Earle of Monmouth Aula Lucis or the house of Light Christs Passion a Tragedy by the most learned Hugo Grotius Mathematical Recreations with the Horizontal dyal by William Oughtred 8. The Garden of Eden or an accurate description of Flowers and Fruits by Sir Hugh Plat. 8. Solitary Divotions with man in Glory by the Archbishop of Canterbury 12. The Idiot in four Books The Life and Reign of Henry the eighth by the Lord Herbert fol. Sken de Significatione verborum 4. The Fort Royal of holy Scriptures by J. H. the third Edition 8. Callis learned readings on the Stat. 21. of Henry 8. chap. 5. of Sewers France painted to the life in four Books the second Edition Willet on Genesis and Exodus Adams on Peter fol. Book of Martyrs fol. The Rights of the people concerning Impositions stated in a learned Argument by a late eminent Judge of this Nation Plaies Maids Tragedy Phylaster King and no King Othello the Moor of Venice The grateful Servant The Weding The Hollander The Merchant of Venice The Strange discovery