certain arduous and urgent affairs concerning us the State and defence of our Kingdom of England and the Anglican 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 strictly enjoyn you that making Proclamation at the next County Court after the receit of this our Writ to be holden the day and place afore said you cause two Knights girt with Swords the most fit and discreet of the County aforesaid and of every City of that County two Citizen of every Borough two Burgesses of the discreetâ—r and most sufficient to be freely and indifferâ—ntly chosen by them who shal be present aâ— such Proclamation according to the tenor of the Staâ—utes in that case made and provided And the â—ames of the said Knights Citizens and Burâ—esses so chosen to be inserted in certain Inâ—entures to be then made between you and those â—hat 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 aâ—oresâ—id and the Citizens and the Burgesses for themselves and the Commonalty of the said Cities and Borâ—ughs may have severally from theâ—â— full and sufficients power to do and to consent to those things which then by the favor of God shal there happen to be ordain'd by the Common Council of our said Kingdom concerning the business aforesaid so that the business may nâ—t by any meanâ—â—â—main undoâ— for want of such power or by reason of the improvident election of the aforesaid Knights Citizens and Burgesses But we wilâ— not in any case that you or any other Sheriff of our said Kingdom shall be elected And at the day and place aforesaid the saiâ— Election being made in a 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 at that Election sâ—nding back unto us the other part of the Indenture aforesaid affiled to these presents together with the Writ Witnesse our self at Westminster This Commission or Writ is the foundation whereon the whole Fabrick oâ— the power and duty of both Houses oâ— Parliament is grounded The first Hourâ— is to parly or have conference and to treat with the King the other house is onely to do and consent unto what the other shall ordain by their help and conference so that by this Writ we do not find that the Commons are called to be any part of the great Council of the Kingdom or of the Supream Court of Judicature much less to have any share in the Legislative power or to consult de arduis regni negotiis of the difficult businesses of the Kingdom but onely to consent and Sir Edward Cook to â—rove the Clergy hath no voice in Parliament useth this argument that in their Writ also the words are to come thither adâ—onsentiendum to consent to such things as â—ere ordained by the Common Council of the â—ingdom but the other word ad facienâ—um to do is not in their Writ action being â—ot so proper for them in regard of their â—lerical functions Polyander Then it may be well inferred from what â—ou have produced that the King with the â—elates and Peers is properly the Common â—ouncil of the Kingdom Philanglus Yes without controversie nor until the raign of Henry the first were the Commons called to the Parliament at all or had as much as a consent in the making of Laws Camden in his Britannia teacheth us that in the times of the Saxon Kings and the ensuing ages that the great or Common Council of the land was Praesentia Regiâ— Praelatorum procerumque collectorum the presence of the King with his Prelates and Peers Selden also tells out of an old Cronicle of the Church of Liechfield that Kinâ—Edward by the advice of his Council of Baronâ— revived a Law which hath lain dormaâ— threescore and seven years in the samâ— Chronicle tis said that William the Coâ—â—querer held a Council of his Barons An. 〈◊〉 Regni sui apud Londinias The next yeâ—â— after he had a Council of Earles and Baroâ—â— at Pinendâ—n Heath to decide the great coâ—troversie 'twixt Lanfraâ—t Arch-Bishop 〈◊〉 Canterbury and Odo Earl of Kent In the 21. of Eaward the third there 〈◊〉 mention made of a Parliament held 5. 〈◊〉 questoris wherein all the Bishops of 〈◊〉 land Earâ—s and Barons made an Ordinaâ—â—â— touching the Exception of the Abby of 〈◊〉 from the Bishops of Norwich In the second year of William 〈…〉 there is mention made of a Parliament 〈…〉 cunctis Regni principibus In the 〈…〉 of his raign there was another Parliament at Rockingham Castle Episcopis Abbatibus cunctisque Regni principibus coeuntibus wherin the Prelates Abbots and all the chiefe men convened in Council At the Coronation of Henry the first all the people of England were called and Laws were then made but it was as the story saith per Commune Concilium Baronum In the third year the tenth year and the twenty third year of his reign the same King held a Parliament or great Council of his Barons spiritual and temporal Henry the second in his tenth year had a Parliament at Clarindon consisting of Lords spiritual and secular in his twenty second year he had another at Notingham and a while after another at Winsor then another at Northampton wherein there is mention made onely of Prelates and Peers Richard the first after him held a Parliament at Notingham in his fifth year consisting of Bishops Earles and Barons which lasted but four days during which time there were mighty things transacted Hugh Bardelf was deprived of the Castle and Sheriffswick of York the first day the second day he had judgement against his brother Johu who was afterward King the third day there was granted the King two shilling of every plowd land in England he required also the third part of the service of every Knights fee for his attendance to Normandy and all the Wool of the Cistercian Monks The fourth day was for hearing of grievances so the Parliament broke up but the same year he convokeâ— another Parliament of Nobles at Northampton King John in his first year summoned 〈◊〉 Magnates his great men to a Parliament aâ—Winchester and the words of the Roll 〈◊〉 Commune Concilium Baronum Meorum the Common Council of my Barons at Winchester In the sixth year of Henry the third the Nobles granted the King for every Knight fee two marks in silver at a Convention iâ— Parliament he had afterwards Parliaments at London Westminster Merton Winchester and Marlborough Now these Precedents shew that from the conqust untâ—â— a great part of the reign of Henry the thirâ— in whose dayes 't is thought the Writ 〈◊〉 election of
Knights was framed first the Bâ—rons onely made the Parliament or Commoâ— Council of the Kingdom Polyander By so many strong evidences and prenant proofs which you produce I find it to be a â—â—ridian truth that the Commoners were no part of the High Court of Parliament in ages passed Moreover I find in an ancient Manuscript that the Commons were reduced to a House by the advice of the Bishops to the King in the brunt of the Barons Wars that they might allay and lesson the power of the Peers who bandied so many yeers against the Crown yet to prevent that they should not arrogate too much authority to themselves as Asperius nihil est humili cum surgit in altum it was done with those cautions thâ—â— they had scarce as much jurisdiction given them as a Pyepowders Court hath for they should neither exhibit an oath nor impose fine or inflict punishment upon any but their own members or be a Court of Record or grant Proxies therefore it may well be a quere how they can appoint Committees considering that those Committee-men whom they choose are no other then their Deputies and act by power and proxy from them But it is as cleer as the Sun that the Conquerour first brought this word Parliament with him being a French Word and made it free Denizon of England being not known before for therein the Normans did imitate the Romans whose practise was that wheresoever they conquered they brought in their language with the Lance as a mark of conquest I say that besides those instances you produce I could furnish you with many in the Saxons times who govern'd by the councel of the Prelates and Peers not admitting the Commons to any communication in affairs of State There are records hereof above a thousand yeer old in the Reign of King I a Offa and Ethelbert and the rest of the seven Kings during the Heptarchy They called their great Councels and Conventions then Michael Smoth Michael Gemote and Witenage Mote wherein the King and Nobles with the Bishops onely met and made laws that famous Convention at Gratley by King Athelstan was compose'd onely of Lords spiritual and temporal such also was that so much celebrated Assembly held by Canutus the Dane who was King of England Denmark and Norway Edward the Confessor established all his Laws thus and he was a great Legislator The British Kings also who retain'd a great while some part of this Island unconquered governed and made laws this way by the sole advice of their Nobles whom they call Arglwyded witnesse the famous Laws of Prince Howel called Howel Dha the good King Howel whereof there are yet extant some Welch records and divers of those Laws were made use of at the compilement of Magna Charea But in your discourse before among other Parliaments in Henry the third's time you make mention of one that was held in 55 of his reign at Marlbourough at which time Braston the great Lawyer was in high request being Lord Chief Justice They that would extenuate the Royal Prerâ—gative insist much upon a speech of his wherein he saith The King hath a Superiour God he hath also the Law by which he is made as also the Court viz. the Earls and Barons but not a word of the Commons But afterwards he doth interpret or rather correct himself when speaking of the King hee resolves thus Nec potest ei necessitatem aliquis imponere quòd injuriam suam corrigat emenâ—et cùm superiorem non habeat nisi Deum satis erit ei ad poenam quòd Dominum expectet ultorem Nor saith he can any man put a necessity upon the King to correct and amend his injury unlesse he wil himself since he hath no Superior but God It will be sufficient punishment for him to expect the Lord for his avenge To preserve the honour of this great Judge the Lawyers found out this distinction That the King is free from the coerâ—ive power of Laws and Councellors but he may be subject to their directive power yet according to his own will and inclination that is God can onely compel or command him but the Law and his Courts may onely advise and direct him but I pray Sir excuse me that I have so much interrupted you in your discourse You may please now to proceed Philanglus To prove my assertion further that the Commons were no part of the high Court and Common Councel of England I will make use of the testimony of Mr. Pryn who was in such high repute most part of the late long Parliament and appeared so eageâ— for the priviledge and power of the lower House In his Book of Treachery and disloyalty he proves that before the Norman Conquest by the Laws of Edward the Confessor the King was to do Justice by the Councel of the Nobles of his Realm he would also prove that the Earls and Barons are above the King and ought to Bridle him when he exorbitates from the law but not a syllable of the Commons He further tels us that the Peers and Prelates have oft translated the Crown from the right Heir whereof out of his great reading he urgeth divers Examples First after King Edgars decease they crowned Edward who was illegitimate and put by Ethelred the right Heir Then they crowned Canutus a meer forraigner in opposition to Edmund the lawful Heir to Ethelred Harold and Hardicanute were both elected Kings successively without just title the Lords putting by Edmund and Alfred the rightful Heirs Upon the death of Herold the English Nobility enacted that none of the Danish blood should raign any more over them Edgar Atheling was rejected by the Lords and though he had the best title yet they elected Harold He goes on further in prejudice of the Commons saying that the beginning of the Charter of Henry the first is observable which runs thus Henry by the Grace of God King of England c. Know ye that by the mercy of God and Common Council of the Barons of the Kingdom I am crowned King Mawd the Empress was the right heir but she was put by the Crown by the Prelates and Barons and Steven Earle of Mortmain who had no good title was heav'd up into the Throne by the Bishops and Peers Lewis of France was Crowned King also by the Barons instead of King John and by the same Barons was uncrowned and sent back to France In all these high transactions and changes Mr. Pryn confesseth the Commoners had nothing to do the despotical and ruling power as well as the consultative being in the Council of Prelates and Peers and if Mr. Pryn could have found halfe so much Antiquity for the Knights Citizens and Bourgesses without question we should have heard from him with a witness but while he converseth with Elder times he meets not with so much as the names of Commoners in any record Polyander How then came the Commoners to sway so much
of late years and challenge such an interest in the publique Government and making of Laws Philanglus It is a certain truth that in former ages the Kings of England as well Saxons Danes Normans and English Kings did steer the course of their government by the advice of their own Privy Council and in extraordinary cases by the compasse of the great Council consisting onely of spiritual and secular Barons whom they convoked by royal summons when they pleased I told you this word Parliament came in with the Norman yet the Commons were not call'd to Parliament till that raign of Henry the first which was a good while after the Conquest to which purpose Sir Walter Raleigh writes saying it is held that the Kings of England had no formal Parliaments till about the 18. year of Henry the first at which time the Commons were summoned and the great Charter was granted and if we believe Sir Walter Raleigh and others the House of Commons and Magna Charta had first but obscure births being sprung from userpers and fostered afterward by rebellion for King Henry the first did but usurp the Kingdome and therefore to secure himself the better against Robert his eldest brother he courted the the Commons and granted them that great Charter with Charta de Foresta which King John confirmed upon the same grounds for he was also an usurper Arthur Duke of Britain being the undoubted Heir of the Crown so the house of Commons and these great Charters had their original from such that were Kings de facto not de jure Polyander It is observed that usurpers are commonly the best Law makers which they do to ingratiate themselvs the more to the people as besides these Kings you have named Richard the third did who was said to be a good King though a bad man a character clean contrary to that I heard some abroad give of the last King who they said was a good man but an ill King but I pray be pleased to proceed Philanglus Whereas I told you before that it was in the raign of Henry the first that the people were admitted to the Common Council of the Kingdome yet they were not constantly called for though the said King called them to his Coronation and againe in the 15. or 18. year of his reign yet he did not so alwayes neither many of those Kings that succeeded Polyander I remember to have read one remarkable passage in the reign of Henry the first that in his third year for the marriage of his daughter he raised a tax upon every hide of Land but he did this by the advice of his Privy Council alone without consulting publiquely with either Prelate Peer or People Philanglus So did divers of his Antecessors and successors also after the Commons were admitted to partake of the Common Council But to illustrate this point further notwithstanding that the Commons were sought unto in Henry the first's time yet they were not constantly and formally sent unto till Henry the third in whose reign the Writs of Summons for elections were first issued but the succeeding Kings assum'd a power to regulate those Writs at pleasure by the sole advice of their Privy Council as we read in the time of Henry the sixth who was the first framer of that famous Ordinance Whereas Elections of Knights have been made with great outrages and excessive number of people of which most part was people of no value yet pretend a voice equivolent to worthy Knights and Esquires whereby many riots manslaughter and division among Gentlemen shal likely be Our Lord the King hath ordain'd that Knight of Shires be chosen by people dwelling in the Counties every one of them having lands or tenements to the value of 40 s. per annum at least and that he who is chosen be dwelling and resiant within the Counties where they are elected Polyander But did not the Kings of England reserve a power to except against any that came to Parliament Philanglus Mr. Camden speaking of the dignities of Barons saith that it was ordained and decreed in the reign of Henry the third that all those Earls and Barons unto whom the King himself vouchsafed to direct his Writs of Summons should come to his Parliament and no others And this rule Edward the first constantly observed and continued for as Câ—mden hath it that prudent King summoned alwaies those of ancient families and who were most wise to his Parliament and omitted their sons after their death if they were not answerable to their fathers in understanding in another place he saith select men for wisedom and worth among the Gentry were called to Parliament and their posterity omitted if they were defective herein Polyander If the King hath a power to except against a Nobleman from sitting in Parliament sure by an argument à majori ad minus he may do it against a Commoner Philanglus It should be so in reason and Queen Elizabeth who was so great a darling of her people did practise her power that way often But the modesty of the House of Commons was very great in former times for they did arrogate no more power then what the Kings Writ gave them they evaded matters of State as much as they could 13. of Edward the third a Parliament was called to consult of the domestick quiet the defence of the marches of Scotland and security of the Seas from enemies the Commons were desired their advise herein but they humbly desired not to be put to consult of things Queuâ—ils n'ont pas cognisance Things whereof they had no cognâ—sance In 21. of the same King the Commons being mov'd for their advice touching a prosecution of a war with France by an elegant speech of Justice Thorp after four days consultation they answered That their humble desire to the King was that he would be advised thereâ—n by the Lords being of more experience then themselves in such affairs In the 6. year of Richard the second the Parliament was call'd to consult whether the King should go in person to resâ—â— the great City of Gaâ—nt or send an Army the Commons being askâ—d their advice the humbly answered by Sir Thomas â—uckerinâ— their Speaker that the Councils of Waâ— did more aptly belong to the King and 〈◊〉 Lords The next year after the Commoâ— are willed to advise of the Articles 〈◊〉 peace with France but they modestly eâ—cuse themselves as too weak to counsell in â— weighty matâ—ers And being charged agaiâ— as they did tender the repute of the County and right of their King the humbly deâ—ivered their opinions ratheâ— for Peace then Warre such was the moderation and modesty of the house of Commons in former times that they declineâ— the agitation and cognizance of higâ— State affairs specially forraign humblâ— transferring them to their Soveraign anâ— his Vpper Council a Parliament maâ— then I mean a member of the Commons House thought to be the adequâ—â— object of his
returned without the prisoner This being related to the House of Commons they would sit no longer without their Member and desiring a conference with the Lords Sir Thomas Aâ—dly then Chancellour and the rest judged the contempt to be very great and referred 〈◊〉 punishment thereof to the House of Commons it selfe Concerning liberty or freedome of speech which is held another privilege of Parliament There is a speech of Sir Thomâ—â— Moors upon record who being chosen Speaker 14. Henry the eight He first disabled himself and then petitioned the King in the behalf of the House that if iâ— communication and reasoning any maâ—â— should speak more largely then of duty be ought to do all such offences should be pardoned which was granted and entreâ— upon record In which petition it is observable that liberty or freedom of speech is not a power for men to speak whaâ— they will or please in Parliament It is â— priviledge onely not to be punished but pardoned for the offence of speaking more largely then in duty they ought to do which in a right construction must be understood of rash unadvised ignorant or negligent escapes and slips in speech not for willfull malicious much lesse for treasonable speeches And then the Kings pardon was desired to be upon record that it might be pleaded at Bar to all actions There is a speech upon record in Queen Elizabeths time wherein the Commons were warn'd not to meddle with the Queens Person the State or Church-Government Polyander I have heard of divers traverses that hapned in the reign of that popular and long lived Queen which trenched as much if not more upon the priviledges of Parliament and the liberties of the people then any that happen'd in the reign of the two last Kings Philanglus It is very true and I will give you some instances drawn from good authentick records 23. Elizabeth Mr. Paul Wentworth moved in the House for a publick fast and for a Sermon every morning at seven a clock before the House sate the House hereupon was divided 100 were against it and 150 for it and so an order passed accordingly The Queen being told hereof sent a message to the House by her Vice-chamberlain That her Highnesse had great admirâ—â—tion of the rashnesse of the House in commitâ—ing such an apparent contempt of her expresse command as to put in execution such an innovation without her privity or pleasure fist known Thereupon Mr. Vice-chamberlain moved the House to make an humble submission to her Majesâ—y acknowledging the said offence and contempt and to crave remission for the same withâ—â—full purpose to forbear the committing of the like hereafter So by the suffrage of the whole House Mr. Vice-chamberlain carryed their submission to the Queen accordingly 35 Elizabeth Mr. Peter Wentworth and Sir Henry Bromley delivered a Petition to the Lord Keeper desiring the Lords of the Upper House to be suppliants with them of the Lower House unto her Majesty for entayling the succession of the Crown whereof a Bill was ready drawn The Queen was highly displeased herewith and charged her Councel to call the parties before them so Sir Thomas Henage was sent to fetch them so they were first commanded to forbear going to the House and not to go out of their several lodgings afterward they were called before the Lord Tresurer Lord Buckhurst and Sir Thomas Henage Wentworth was committed to the Tower and Bromeley to the Fleet together with Mr. Stevens as also Mr. Welch Knight for Worcestershire The Queen sent a notable check to the House of Commons 28. of her raign for chosing and returning Knights of the Shire for Norfolk a thing impertinent for the House to deal withall and belonging only to the Office and charge of her Chancellor from whom the Writs issue and are return'd In one Parliament when Mr. Coke afterwards Sir Edward Coke was Speaker the Queen sent a Messenger or Sargeant at Arms into the House of Commons and took out Mr. Morris and committed him to Prison with divers others for some speeches spoken in the House Thereupon Mr. Wroth moved the House that they would be humble sutors to her Majesty that she would be pleased to enlarge those members of the House that were restrain'd which was done accordingly and answer was sent by her Privy Councel That her Majesty had committed them for causes best known to her self and to presse her Highuesse with this suit would but hinder the whole good they sought That the House must not call the Queen to an account for what shee doth of her Royal Authority That the causes for which they are restrain'd may be high and dangerous That her Majesty liketh no such questions neither doth it become the House to search into matters of that nature The Commons were told 39. Elizabeth that their priviledge was yea and no And that her Majesties pleasure was that if the Speaker perceived any idle heads which would not stick to hazard their own estates but meddle with reforming the Church and trans forming the Common-weal by exhibiting Bills to that purpose the Speaker should not receive them till they were viewed and considered by those who are sitter to consider of such things and can better judge of them Moreover the Queen rejected 48. Bills which had passed both Houses in that Parliament The House of Commons by their Speaker 39. Elizabeth complained of some Monopolies whereupon the Lord Keeper made answer in her Majesties name That her Highnesse hoped her dutiful and loving Subjects would not take away her Prerogative which is the chiefest flower in her Garland the principall and hâ—ad Pearl in her Crown and Diadem but that they will rather leave that to her own disposition Sergeant Heal said 43. Elizabeth publiquely in Parliament that he marvelled the House stood either at the granting of a subsidy or time of payment considering that all we have is her Majesties and she may lawfully at her pleasure take it from us in regard she had as much right to all our lands and goods as to any revenew of the Crown and he said he could prove it by precedents in the raign of Henry the third King John and King Steven This speech agrees with that which Sir Edward Coke hath in his Institutes where he saith positively That the first Kings of this Realm had all the Lands of England in Demesne and the great Mannors and Royalties they reserved to themselves and enfeoffed the Barons of the remnant for the common defence of the Kingdom There was a remarkable passage happen'd in the raign of Henry the fourth The House of Commons Petitioned the King that they might have advice and communication with certain Lords about matteâ—â— of businesse in Parliament for the commoâ— good of the Kingdom which prayer as the record hath it Our Lord the King graciously granted but with this protestation That he did it not of duty nor of custom but of his special grace So our Lord the King