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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

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nuper defuncti ut animos omnium in sui promotionem accenderet amorem ut illum in Regem susciperent patronum to which it was generally answered That if he with a willing mind would grant and by his Charter confirm to them illas libertates consuetudines antiquas which their Ancestors enjoyed in the time of Edward the Confessor in ipsum consentirent in Regem unanimiter consecrarent Henry willingly granted this and taking an Oath that he would perform it consecratus est in Regem at Westm. upon Lady day favente Clero populo and so forthwith he was Crowned by Maurice Bishop of London and Thomas Archbishop of York After such his Coronation he granted and confirmed to the Nation for the advancement of Holy Church and preservation of the peace of his people a Charter of their antient Liberties The Charter the Reader may find in that industrious Revivor and Restorer of decayed and forgotten Antiquities Mr. Lambard as also in Matth. Paris Where it appears that the Archbishops Bishops Barons Earls Vicounts or Sheriffs Optimates totius Regni Angliae were Witnesses to the Charter And that at the Coronation of the King those Laws were made de Communi Consilio assensu Baronum Regni Angliae by the common advice and assent of the Barons of England It being usual in succeeding ages at the Coronations of our English Kings to confirm make and ordain Laws De assensu Baronum Regni per Commune Concilium Regni or Parliament I shall from hence observe two things 1. That these Laws were granted and confirmed assensu Baronum Regni or Baronagii Angliae there being a clear difference between Barones Regis and Barones Regni as appears in the very bowels of those Laws and elsewhere for the K. Saith Si quis Baronum nostrorum c. but who were comprehended under those first phrases Mr. Camden will tell us Nomine Baronagii Angliae omnes quodammodo Regni ordines continentur and so the Commons as we now call them were there and assented to those Laws 2. Clero Populo universo Angliae congregatis We read King Stephen assensu Cleri Populi in Regem Angliae electus per Dominum Papam confirmatus 10 H. 2. Congregato Clero Populo Regni or as Fitz-Stephens Generali Concilio the King made the Assise or Statute of Clarendon which Council the learned Selden calls a full Parliament King John was Crowned mediante tam Cleri quam Populi unanimi consensu favore Anno 50 H. 3. Per providentiam Cardinalis meaning the Popes Legate apud Kenilworth Clerus Populus convocantur which the Patent Roll of that year thus confirms The King a le request de honourable pier Sire Ottobon Legat d'Engleterre son Parlement eust sommons à Kenilworth where the Statute or Dictum de Kenilworth was made between the King and his Communante or Parlement Rex primo postmodum Clerus Populus juraverunt quod Dictum inviolabiliter observarent Thus have I at length I hope fully ascertained and explained the Historians phrase Clerus Populus and proved it to be a Parliament from the Pat. Roll of H. 3. Yet I do not think that the Lords Temporal only were the Populus nor the Lords Spiritual the Clerus for I agree with Dr. Heylyn that there is no Record either of History or Law which I have observed in which the word Clerus serves to signifie the Archbishops and Bishops exclusive of the other Clergy or any writing whatsoever wherein it doth not either signifie the whole Clergy generally or the inferior Clergy only exclusive of the Archbishops Bishops and other Prelates and 't is my opinion as far as I can find that the word Populus following Clerus was Thema universale in significando and comprehended as well the Commons as the Lords and indeed the subject matter of the Historians speaks it William the Second Henry the First King Stephen and King John were to be elected and created Kings of England having no hereditary right 't was but reasonable then and according to the Laws and precedents of other Countries in like Cases Quod omnes tangit ab omnibus approbari debet and so was the solemn Resolution of both Lords and Commons in the Parliament 40 E. 3. That neither King John nor any other could put the Realm or people of England into subjection sanz assent de eux without their assent or as the Parliament 29 H. 3. declared sine assensu Regni or as Malmesbury says in vita Willielmi primi absque generali Senatus Populi conventu Edicto But now to close the Reign of Henry the first I will out of that excellent Historian Matthew Paris transcribe the Oration or Speech of that King to the Common Council or Parliament in the seventh year of his Reign his elder Brother Robert Duke of Normandy then claiming the Crown of England and ready to invade this Nation with a great Force the Speech of the King the learned Monk thus delivers to us MAgnatibus igitur Regni ob hoc Londoniam Edicto Regio convocatis Rex talibus alloquiis mel favum oleumque mellitis mollitis blandiens dixit Amici fideles mei indigenae ac naturales nostis veraci sama referente qualiter frater meus Robertus electus per Deum vocatus ad regnum Hierosolymitanum foeliciter gubernandum quam frontosè illud infoeliciter refutaverit merito propterea à Deo reprobandus Nostis etiam in multis aliis superbiam ferocitatem illius quia vir bellicosus pacis impatiens est vosque scienter quasi contemptibiles quos desides vocat glutones conculcare desiderat Ego vero Rex humilis pacificus vos in pace in antiquis vestris libertatibus prout crebrius jurejur ando promisi gestio confovere vestris inclinando consiliis consultius ac mitius more mansueti principis sapienter gubernare super his si provideritis scripta subarata roborate iteratis juramentis praedicta certissime confirmare omnia videlicer quae sanctus Rex Edwardus Deo inspirante providè sancivit inviolabiliter jubeo observari ut mecum fideliter stantes fratris mei immò mei totius Regni Angliae hostis cruentissimi injurias potenter animose ac voluntarie propulsetis Si enim fortitudine Anglorum roborer inanes Normannorum minas nequaquam censeo formidandas Talibus igitur promissis quae tamen in fine impudenter violavit omnium corda sibi inclinavit ut pro ipso contra quemlibet usque ad capitis expositionem dimicarent This Speech to me is another strong Confirmation and Argument against the Norman Conquest for 't is luce clarius 1. That King Henry the First did not pretend to hold the Crown Jure Victoris 2. That the English were not totally subdued and destroyed by his
7. Barones 8. Parliamentum 9. Barones Angliae 10. Baronagium Angliae 11. Enprimes est accorde assentu q' le franchise de seinte Esglise la grand Chartre la Chartre de la Forest les autres Statutes faitz per nostre dit Seignour le Roy ses Progenitors Piers la Commune de sa terre Anno 37 o H. 3. 1. Tota Nobilitas Angliae 2. Parliamentum 3. Archiepiscopi Episcopi Abbates Priores Comites Barones Milites alii Magnates Regni Angliae 4. Magnates Communitas Populi 5. Anno 1253. 37 H. 3. Hoc anno H. Rex Angliae ad instantiam Praelatorum Comitum Baronum Cartas duas eis concessit unam de libertatibus quae Magna Charta dicitur alia quae dicitur de Foresta pro qua concessione Communitas Angliae concessit Regi quintam decimam partem omnium bonorum suorum mobilium per totam Angliam Baronagium In the Parliament at Oxford 42 H. 3. Parliamento autem incipiente solidabatur Magnum Propositum Consilium immutabile exigendo constantissime ut Dominus Rex Cartam Libertatum Angliae quam Johannes Rex pater suis Anglis confecit confectam concessit quamque idem Johannes tenere juravit fideliter teneat conservet quamque idem Rex Henricus multoties concesserat tenere juraverat ejusque infractores ab omnibus Angliae Episcopis in praesentia sua totius Baronagii horribiliter fecit excommunicari ipse unus fuerat excommunicantium So as the Excommunication here meant being that of 37 H. 3. then made in the presence of the King Great men and Communitatis Populi is here said to be done in praesentia totius Baronagii Angliae And for the Honour of Magna Charta I will conclude this head with an Act of Parliament That Valiant and great Prince E. 4. after the overthrow of his Enemies and peaceful possession of the Crown assisted with the Judges of England Archbishops Bishops Abbots Priors his Dukes Earls Viscounts and Barons with the great men or Knights of the Counties and Commons in full Parliament hath left this recorded to Posterity They call this great Charter the Laudable Statute of Magna Charta which Statute was made for the great wealth of this Land upon which Magna Charta the great Sentence and Apostolique Curse by a great number of Bishops was pronounced against the breakers of the same and the same Sentence is four times in the year openly declared according to the Law of Holy Church and in affirmance of the said Statute of the said great Charter divers Statutes have been made and ordained And great reason certainly they had to put so high a value on that so famous Charter since the substantial part of the Laws thereof were no less than the great results decrees and judgments ordained by the prudence and justice of the Brittish Saxon and Danish Dynasties founded upon two grand and principal Bases or Pillars Liberty and Property which like those two brasen ones called Boaz and Jachin supporting the Temple of Solomon upheld the tottering Frame and Fabrick of our antient Government though often by evil men designed to be overthrown A Charter empta redempta purchased and redeemed with vast treasure of the Nation and the effusion of a Sea of Christian blood A Law published and established with fearful execrations and terrible Curses against the infringers and breakers thereof and all done with that religious solemnity and profound Ceremony as it may seem inferior only to that of the Commandments of Almighty God given to the Jewish Nation All great Ministers of State and Justice were at their entrance into their Offices solemnly to swear the observation thereof and great reason there was for the making of this Law both for the preservation of the King and also the Kingdom for that Parliament well knew the woful confusions in the Reign of Edward the Second who being seduced by his two Minions the Spencers for want of observing the good old Laws and Customs of England cut off the head of Thomas Earl of Lancaster his Uncle that being the first act of shedding the sacred Royal blood by colour of Law I ever met withal in History they usurped Royal Power they sent the Queen and Prince afterwards great Edward the Third beyond Sea and prevailed with E. 2. to declare the Queen and Prince Traytors They Monopolized the Kings Eyes Ears and his whole Understanding so that the King nothing did or would do but what they did counsel him were it never so great wrong and if any had the courage to complain against them or so much as fetch a loyal sigh or lament the hard fate of the King then imposed upon by those Favourites they were branded with arraigning the Government striking at the foundation of State and being guilty of Treason and what not The consequences of whose unhappy Counsels and Policies are too well known in History to have been the ruine both of the King and themselves The Priests and Confessors were strictly commanded to frame and direct the Consciences of the people to the observation and obedience of the Great Charter and they did so not like the Sibthorps and Manwarings of later times who by their Flatteries of Prerogative for their own promotion seek to ruine the Subjects property Observation III. The various acceptation of the word Baro and that under the phrase of Baronagium Angliae both Lords and Commons were comprehended AS to the word Baro it was not much more in use before William I. obtained the English Diadem that I can find than the word Communes Baro Britanni pro suo non agnoscunt in Anglo-Saxonic is legibus nusquam comparet nec in Alfrici Glossario Saxonico inter dignitatum vocabula habetur For the English Saxons called those in their own Language ●al●epmen which in Latine were named Comites and the Danes Earls but of so extensive an import in its signification as we read of Aldermani Regis Aldermani Comitatus Civitatis Burgi Castelli Hundredi sive Wapentachii novem decimorum so according to the strict word they had whole Regiments of Earls The greatest title of which seldom if at all descended hereditarily till the Confessors time and after Will I. became King the word ●al●epman began to change and vary its signification and in room of Aldermani Regis we find Barones Regis for Aldermani Comitatus Barones Comitatus for Aldermani Civitatis Barones Civitatis for Aldermani Burgorum Barones Burgorum for Aldermani Castellorum Barones Castellorum for Aldermani Hundredorum Barones Hundredorum sive Wapentachiorum Sir Henry Spelman saith that simplices villarum Maneriorum Domini de quocunque tenentes qui sacham socham habent were antiently called Barones And all Freeholders hoc est tam in Soccagio quam per servitium militare had the Title of Barones