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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
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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Barons made an Ordinance touching the Exemption of the Abby of Bury from the Bishops of Norwich In the tenth year of the Conquerour Episcopi Comites Barones regni regia potestate ad universalem Synodum pro causis audiendis tractandis convocati saith the Book of Westminster In the 2 year of William 2. there was a Parliament de cunctis regni Principibus another which had quosque regni proceres All the Peers of the Kingdom In the seventh year was a Parliament at Rockingham-Castle in Northampton-shire Episcopis Abbatibus cunctique regni Principibus una coeuntibus A year or two after the same King de statu regni acturus c. called thither by the Command of his Writ the Bishops Abbots and all the Peers of the Kingdom At the Coronation of Hen. 1. All the People of the Kingdom of England were called and Laws were then made but it was Per Commune Concilium Baronum meorum by the Common Councel of my Barons In his third year the Peers of the Kingdom were called without any mention of the Commons and another a while after consensu Comitum Baronum by the consent of Earls and Barons Florentius Wigoriensis saith these are Statutes which Anselme and all the other Bishops in the Presence of King Henry by the assent of his Barons ordained and in his tenth year of Earls and Peers and in his 23. of Earls and Barons In the year following the same King held a Parliament or great Councel with His Barons Spiritual and Temporal King Hen. 2. in his tenth year had a great Councel or Parliament at Clarendon which was an Assembly of Prelates and Peers 22. Hen. 2. saith Hovenden was a great Councel at Nottingham and by the Common Councel of the Archbishops Bishops Earls and Barons the Kingdom was divided into six parts And again Hovende●… saith that the same King at Windsor apud Wind●… shores Communi Concilio of Bishops Earls and Barons divided England into four Parts And in hi●… 21 year a Parliament at Windsor of Bishops Earl●… and Barons And another of like Persons at Northampton King Richard 1. had a Parliament at Nottingham in his fifth year of Bishops Earls and Barons Thi●… Parliament lasted but four days yet much was don●… in it the first day the King disseiseth Gerard de Canvil of the Sherifwick of Lincoln and Hugh Bardol●… of the Castle and Sherifwick of York The second day he required judgment against his Brother Iohn who was afterwards King and Hugh de Nova●… Bishop of Coventry The third day was granted to th●… King of every Plow-land in England 2 s. He required also the third part of the Service of every Knights F●… for his Attendance into Normandy and all the Woo●… that year of the Monks Cisteaux which for that 〈◊〉 was grievous and unsupportable they fine for Mo●…ny The last day was for Hearing of Grievances●… and so the Parliament brake up And the same yea●… held another at Northampton of the Nobles of th●… Realm King Iohn in his fifth year He and his Great m●…met Rex Magnates convenerunt and th●… Roll of that year hath Commune Concilium B●…ronum Meorum the Common Councel of my Baron●… at Winchester In the sixth year of King Henry 3. the Noble●… granted to the King of every Knights Fee two Mark●… in Silver In the seventh year he had a Parliament at London an Assembly of Barons In his thirteenth year an Assembly of the Lords at Westminster In his fifteenth year of Nobles both Spiritual and Temporal M. Par. saith that 20. H. 3. Congregati sunt Magnates ad colloquium de negotiis regni tractaturi the Great men were called to confer and treat of the Business of the Kingdom And at Merton Our Lord the King granted by the Consent of his Great men That hereafter Usury should not run against a Ward from the Death of his Ancestor 21. Hen. 3. The King sent his Royal Writs commanding all belonging to His Kingdom that is to say Arch-bishops Bishops Abbots and Priors installed Earls and Barons that they should all meet at London to treat of the Kings Business touching the whole Kingdom and at the day prefixed the whole multitude of the Nobles of the Kingdom met at London saith Mat. Westminster In his 21 year At the Request and by the Councel of the Lords the Charters were confirmed 22. Hen. 3. At Winchester the King sent his Royal Writs to Arch-bishops Bishops Priors Earls and Barons to treat of Business concerning the whole Kingdome 32. Hen. 3. The King commanded all the Nobility of the whole Kingdom to be called to treat of the State of His Kingdom Mat. Westm ' 49. Hen. 3. The King had a Treaty at Oxford with the Peers of the Kingdom M. Westminster At a Parliament at Marlborow 55. Hen. 3. Statutes were made by the Assent of Earls and Barons Here the Place of Bracton Chief Justice in thi●… Kings time is worth the observing and the rathe●… for that it is much insisted on of late to make fo●… Parliaments being above the King The words i●… Bracton are The King hath a Superiour God also th●… Law by which he is made King also his Court viz the Earls and Barons The Court that was said i●… those days to be above the King was a Court of Earls and Barons not a Word of the Commons or th●… representative Body of the Kingdom being any pa●… of the Superiour Court Now for the true Sen●… of Bractons words how the Law and the Court 〈◊〉 Earls and Barons are the Kings Superiours the●… must of Necessity be understood to be Superiours 〈◊〉 far only as to advise and direct the King out of hi●… own Grace and Good Will only which appea●… plainly by the Words of Bracton himself wher●… speaking of the King he resolves thus Nec potest 〈◊〉 necessitatem aliquis imponere quod injuriam suam corrig●… emendat cum superiorem non habeat nisi Deum 〈◊〉 satis ei erit ad poenam quod Dominum expectat ultore●… Nor can any man put a necessity upon Him to corre●… and amend his Injury unless he will himself sin●… he hath no Superiour but God it will be sufficie●… Punishment for him to expect the Lord an avenge●… Here the same man who speaking according to som●…mens Opinion saith the Law and Court of Earls a●… Barons are superiour to the King in this place tel●… us himself the King hath no Superiour but God th●… Difference is easily reconciled according to the D●…stinction of the School-men the King is free from t●… Coactive Power of Laws or Councellors but may be su●…ject to their Directive Power according to his ow●… Will that is God can only compell but th●… Law and his Courts may advise Him Rot. Parliament 1 Hen. 4. nu 79. the Commons expresly affirm Iudgment in Parliament belongs to the King and Lords These Precedents shew that from the Conquest untill a great
be Kings in Fact and Kings themselves to be but Subjects We read in Sir Ro●…ert Cotton that towards the end of the Saxons and ●…he first times of the Norman Kings Parliaments stood 〈◊〉 Custom-grace fixed to Easter Whitsontide and Christmas and that at the Kings Court or Palace Parliaments sate in the Presence or Privy Chamber from whence he infers an Improbability to believe the King excluded His own Presence and unmannerly f●… Guests to bar Him their Company who gave them the●… Entertainment And although now a-days the Parliament sit not in the Court where the Kings houshol●… remains yet still even to this day to shew that Parliaments are the Kings Guests the Lord Steward o●… the Kings Houshold keeps a standing Table to entertain the Peers during the sitting of Parliament and he alone or some from or under him as the Treasurer or Comptroller of the Kings Houshold take●… the Oaths of the Members of the House of Commo●… the first day of the Parliament Sir Richard S●…roop Steward of the Houshold of our Sovereign Lord the King by the Commandment of the Lords sitting in full Parliament i●… the Great Chamber put I. Lord Gomeniz and William Weston to answer severally to Accusations brough●… against them The Necessity of the King's Presence in Parliamen●… appears by the Desire of Parliaments themselves i●…former times and the Practice of it Sir Robert Cotto●… proves by several Precedents whence he conclude●… that in the Consultations of State and Decisions of private Plaints it is clear from all times the King w●… not only present to advise but to determine also Whensoever the King is present all Power of judging which is derived from His ceaseth The Votes of the Lords may serve for matter of Advice the fina●… Judgment is only the Kings Indeed of late years Queen Mary and Queen Elizabeth by reason of thei●… Sex being not so fit for publick Assemblies have brought it out of Use by which means it is com●… to pass that many things which were in former times acted by Kings themselves have of late been left to the Judgment of the Peers who in Quality of Judges extraordinary are permitted for the Ease of the King and in His absence to determine such matters as are properly brought before the King Himself sitting in Person attended with His great Councel of Prelates and Peers And the Ordinances that are made there receive their Establishment either from the Kings Presence in Parliament where his Chair of State is constantly placed or at least from the Confirmation of Him who in all Courts and in all Causes is Supream Judge All Judgement is by or under Him it cannot be without much less against his Approbation The King only and none but He if He were able should judge all Causes saith Bracton that ancient Chief Justice in Hen. 3. time An ancient Precedent I meet with cited by Master Selden of a judicial Proceeding in a Criminal Cause of the Barons before the Conquest wherein I observe the Kings Will was that the Lords should be Judges ●…n the Cause wherein Himself was a Party and He ●…atified their Proceeding The case was thus Earl Godwin having had a Trial before the Lords under King Hardicanute touching the Death of Alfred Son to King Ethelbert and Brother to him who was afterward Edward the Confessor had fled out of England and upon his Return with Hope of Edward the Confessor's Favour he solicited the Lords ●…o intercede for him with the King who consulting together brought Godwin with them before the King to obtain his Grace and Favour But the King ●…resently as soon as he beheld him said Thou Traytor Godwin I do appeal thee of the Death of my Brother Alfred whom thou hast most trayterously slain Then Godwin excusing it answered My Lord the King may it please your Grace I neither betrayed nor killed your Brother whereof I put my self upon the Iudgment of your Court Then the King said You noble Lords Earls and Barons of the Land who are my Liege men now gathered here together and have heard My Appeal and Godwins Answer I Will that in this Appeal between Us ye decree right Iudgment and do true Iustice. The Earls and Barons treating of this among themselves were of differing Judgments some said that Godwin was never bound to the King either by Homage Service or Fealty and therefore could not be his Traytor and that he had not slain Alfred with his own hands others said that neither Earl nor Baron nor any other Subject of the King could wage his War by Law against the King in his Appeal but most wholly put himself into the Kings Mercy and offer competent Amends Then Leofric Consul of Chester a good man before God and the World said Earl Godwin next to the King is a man of the best Parentage of all England and he cannot deny but that by his Counsel Alfred the Kings Brother was slain therefore for my part I consider that He and his Son and all we twelve Earls who are his Friends and Kinsmen do go humbly before the King laden with so much Gold and Silver as each of us can carry in our Arms offering him That for his Offence and humbly praying for Pardon And he will pardon the Earl and taking his Homage and Fealty will restore him all his Lands All they in this form lading themselves with Treasure and coming to the King did shew the Manner and Order of their Consideration to which The King not willing to contradict did ratifie all that they had judged 23 Hen. 2. In Lent there was an Assembly of all the Spiritual and Temporal Barons at Westminster for the determination of that great Contention between Alfonso King of Castile and Sancho King of Navarre touching divers Castles and Territories in Spain which was by compromise submitted to the Judgment of the King of England And the King consulting with his Bishops Earls and Barons determined it as he saith Himself in the first Person in the Exemplification of the Judgement 2 Of King Iohn also that great Controversie touching the Barony that William of Moubray claimed against William of Stutvil which had depended from the time of King Hen. 2. was ended by the Councel of the Kingdom and Will of the King Concilio regni voluntate Regis The Lords in Parliament adjudge William de Weston to Death for surrendring Barwick Castle but for that Our Lord the King was not informed of the manner of the Judgment the Constable of the Tower Allen Buxall was commanded safely to keep the said William untill he hath other Commandment from our Lord the King 4 Ric. 2. Also the Lords adjudged Iohn Lord of Gomentz for surrendring the Towns and Castles of Ardee and for that he was a Gentleman and Bannaret and had served the late King he should be beheaded and for that our Lord the King was not informed of the manner of the Iudgment the Execution thereof