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
Regni totis reretroactis temporibus in the times of E. 1. and his Progenitours if so then in the time of King John Grandfather to E. 1. and so before H. 3. 1. THE Burgesses of St. Albans in their Petition to King E. 2. An o 8 o say that they sicut â—â—eteri Burgenses Regni ad Parliamentum Regis when it should happen to be summoned per duos Comburgenses suos venire debeant prout totis retroactis temporibus venire consueverunt tam tempore domini Ed. nuper regis Angliae patris regis as well in the time of E. 1. the Kings Father Progenitorum suorum as in the time of E. 2. semper ante instans Parliamentum and declared that the names of such Burgesses coming to Parliament were always inrolled in the Rolls of the Chancery notwithstanding all which the Sheriff of Hartford at the procuration and favour of the Abbot of St. Albans and his Council refused Burgenses praedictos praemunire seu nomina eorum retornare prout ad ipsum pertinuit c. and therefore they pray remedy Respons Scrutentur Rotuli c. de Cancellaria si temporibus Progenitorum Regis Burgenses praedicti solebant venire vel non tunc fiat eis super hoc justitia vocatis evocandis si necesse suerit I do not think there needs much enforcing this Record since the prescription of sending duos Comburgenses ad Parliamentum Regis sicut caeteri Burgenses Regni did is that they and their Predecessors were always accustomed to send two Burgesses to Parliament in all former Ages not only in the time of E. 1. but his Progenitors therefore in King Johns time his Grandfather at least and so before H. 3. And though the answer to the Petition which in that Age was given in Parliament per Concilium or all the Judges of England and others the Kings Learned Council say Scrutentur Rotuli si temporibus progenitorum Regis which may go to the whole Reign of King John as before Burgenses praedicti solebant venire vel non yet that grave and wise Council do not in the least scruple but clearly admit and confirm the general prescription that there were Boroughs that sent Burgesses to Parliament temporibus E. 1. Progenitorum suorum which goes higher than H. 3. his Father and it cannot in common reason be supposed much less believed that the Burgesses of S t Albans or the Lawyer or Pen-man of the Petition should dare to tell the King and Learned Council in the face of a Parliament a Novelty so great and ridiculous and that Recorded to Posterity by the Council that they and their Predecessors in the time of E. 1. and his Progenitors had sent two Burgesses to every Parliament when all the World then knew if the modern opinion be true that there was never any Election of any Burgesses to Parliament before the 49 H. 3. which was but 50. Years before 8 E. 2. and at the time of the Petition fresh in their own memories No surely the Burgesses of S t Albans did not ground their Petition of Right upon a general allegation or an affirmation in nubibus but the justice and certainty of their claim as they themselves very well knew so they prayed it might be examined and tried by uncontroulable Witnesses Records the Rolls of Chancery The Chancellor and the rest of the Council did no less know there were such Rolls and therefore order the search but if the Petition had been notoriously false and idle instead of recording it to future Ages they would with contempt and scorn have rejected it nor would the great Abbot of S t Albans his Council and the Sheriff of Hertford against whom the Petition was exhibited have been wanting in their own defence to have shewed and proved that this antient prescription was a meer Chimaera and fable no they all were well satisfied that the Borough had sent two Burgesses to every Parliament in the time of E. 1. and his Progenitors and therefore it was in vain to oppose or contradict their just and antient right according to their prescription all which appears clearly by this that both before the time of the Petition and ever since they have sent two Burgesses to every Parliament The SECOND ARGUMENT From Records An. 15 Johannis Regis wherein the Citizens and Burgesses not so numerous then as after and now together with the Earls Barons Magnates Angliae were to give Consilium Auxilium ad honorem Regis suum statum Regni who shortly after met at London Convocatum Parliamentum de toto Clero tota secta laicali and so within the express Prescription of the Borough of S. Albans I Am not ignorant that some have dated the origine of the Commons being a part of the Parliament from the Parliament of Runningmead 17 o Reg. Joh. It may therefore be worth our pains to observe this great Record following and to consider whether from thence may not be proved this Conclusion That 〈◊〉 great Cities and Boro 〈…〉 s of the â—ingdom not so 〈…〉 merous then as after and now in the 16 o of King John before the granting of his Magna Charta or 〈◊〉 confirming the antient Laws in his 17 th year at Runningmead did send their Proxies and Representatives to the Commune Concilium Regni or Parliament for it cannot be supposed in reason that every individual Citizen and Burgess could come no more than every Parson of a Parish to a Convocation or to a meeting of the whole Clergy of England The Record saith That the King being in partibus transmarinis writes Majori Baronibus London Majori probis hominibus Winton Northampt. Lincoln Ebor. Oxon. Glouc. Heref. Exon. Worcestr Cantebr Hunt Bristol Norwich And all the great Boroughs of the Demesnes of the King giving them account of his proceedings and successes in his War against the French and that the Pope had by his Letters released the Interdict under which the Kingdom then lay which the King had then sent to Peter Bishop of Winton Chief Justice of England and therefore desired that they would believe what the Bishop should speak to them that Consilium Auxilium vestrum ad honorem nostrum vestrum statum Regni nostri in melius communicandum efficaciter super hoc apponatis and that majori festinatione expediretur Teste apud Rupellam 6 o die Martii In the same manner he writ to William Earl Marshal and to all the Earls Barons Magnatibus Angliae c. Teste apud Rupellam 8 o die Martii In order therefore to our proof of a Parliament from these Records let us make two observations 1. Negative 2. Affirmative Though the Writ be general and mentions not any time or place for meeting or coming to Parliament or the great Council the King referring that I suppose to his Regent or Chief Justice here yet it cannot be
ove tout lour puissance The observations I shall make from this great Judgment shall be two 1. That above 300. Years ago there was not the least scruple or fancy that the Commons of England of which the Citizens and Burgesses were then undoubtedly a part ought not and were not to be present in the Commune Concilium Regni or Parliament of King Johns Reign and to have assented to that Kings resignation An. 14. to make it legal and valid as well as the Prelates Earls and Barons 2. If the Commons had never been a part of the Parliament before 49 H. 3. but that the King and great Lords only made Laws and had an inherent power as some of our Modern Writers say to tax the whole Kingdom de alto basso ad libitum suum jure repraesentationis surely they would not have left recorded to posterity so great a testimonial of the antiquity and right of the Commons of England then so distinguished from the great Lords as is expressed in the Roll May it not then be admitted they spoke nothing but what was an undisputable truth in diebus illis unless we must believe that the great and learned Authors of this Age better understand the constituent parts of the Communia Concilia or Parliaments of King Johns time and so upward above 460. Years since than the whole Parliament of 40 E. 3. the Parliaments of their Grand-Fathers time as was the Reign of King John And indeed this famous resolution was no other than a Declaration of the antient Common Law of the Land before the Norman Duke gained the Imperial Crown of England as appears by King Harolds Answer to his Ambassadors requiring the performance of the Kings Oath to take the Dukes Daughter to Wife and to preserve the Crown for him De Regno addebat praesumptuosum fuisse quod absque generali Senatus populi Conventu Edicto alienam illi haereditatem juraverit Which is recorded by William of Malmsbury Lib. 3. p. 56. l. 24. in vita Williemi I. an Author without all exception who flourished in the time of H. 1. and therefore could not be ignorant where and in whom the Legislative Power of England did reside there being but 33. Years from the coming in of the Norman Duke till the Reign of that King and of this Historian the learned Balaeus gives this Eulogium Vir erat suo seculo in omni genere bonarum literarum plene eruditissimus in eruendis antiquitatibus ingenio diligentia industria singularis Angliae nostrae nationis studosissimus illustrator Upon the Death of Arthur Duke of Bretaign the Annals of England tell us that King John was Summoned by the French King as Duke of Normandy to appear at his Court and judicially to answer the pretended murder of Arthur his Nephew whereupon the Bishop of Ely and Hubert de Burgo after Earl of Kent and Chief Justice of England nuntii solemnes prudentes were sent to the French King to whom the Bishop thus spake Domine Rex non possit Dux Normanniae ad Curiam vestram venire nisi veniret Rex Angliae cum una persona sint Dux Rex Quod non permitteret aliquo modo Baronagium Angliae etsi ipse Rex hoc vellet So careful was the Baronage or Parliament to preserve the antient rights safety and honour of the King and Kingdom An. 3 Joh. before any difference happened between him and his Subjects Anno 29 E. 1. the King sent Ambassadors to the French King ut quid de truga de guerra de pace deliberasset nunciaret and was answered se non posse sine duodecim paribus qui occupati fuerunt circa novam guerram tam ardua tractare but that he expected their coming in fifteen daies Quo tempore transacto ipsis consentientibus they declare that they could not determine thereof inconsultis secum Scotis Whereupon those Ambassadors returned Igitur convocato Parliamento Londoniis recitatisque frustratoriis dilationibus falsis machinationibus praedictorum Ambassadors were again sent and received this answer Quod Rex Angliae adveniret personaliter inter duos Reges de optima pace conveniretur Whereupon the King of England Aliud habuit Parliamentum in quo talia recitata displicuerunt ex totius Regni Concilio or Parliament definitum est Regem pro aliquo mandato vel suggestionibus ab Anglia egredi non debere From what hath been said the Reader may easily observe 1. That the weighty and great affairs which concerned the King and Kingdom both in the Saxons time and after were by a fundamental principle and law of the Nation to be consulted of and resolved in the Communia Concilia or Parliaments and that no particular person or order of men did take upon them such power sine consensu Regni and this H. 3. and his Council well knew when he told Otto the Popes Nuntio Quod solus non potuit definire nec debuit negotium quod omnes Cleriâ—os Laiâ—os generaliter totius Regni tangebat which E. 1. and his Council in the 23 th Year of his Reign thus confirms Quod omnes tangit ab omnibus approbetur 2. That the Generalis Senatus Populi Conventus Edictum or Saxon Wittena Gemott the Baronagium Angliae in King Johns time and the Concilium Regni or Parliamentum in the Reign of E. 1. were verba synonyma differing in phrase but one and the same Assembly in substance The FOURTH ARGUMENT From several Records inter alia de Annis 28 32 3â— 42 48 H. 3. mentioning Parliaments then held and their proceedings in some of w 〈…〉 the word Commons are expresly mentioned as well as the Prelates Magnates to be part of those Parliaments THE general Council at Runningmead held 17 Jâ—â— is 29. Years after and 20. Years before 49 H. 3. called Parliamentum de Runemed Memorandum quod in Parliamento a die Pasch. in tres septimanas Anno Regni Regis H. 3. 28. London celebrato negotium Crucis in Anglia una cum collectione decimae benefiâ—â—â—rum Ecclesiasâ—â—corum Domino Regi in Subsidium terrae Sanctae à sede Apostolica deputat was treated of An Utlary against William de Hastingcott was reversed and he restored to all he had lost thereby and this done Coram Rege toto Parliamento Inter Communia Hilar. 17 E. 3. penes Rememoratorem Domini Regis in Scaccario It appears in a Plea between the King and the Prior of Coventry that 29 32 H. 3. quaedam subsidia per Magnates Communitatem Regni spontanea mera voluntate Regi concessa or as Bracton phraseth it Ex consensu Communi totius Regui being one and the same with Magnates Communitas towards the marrying of the Kings Eldest Daughter and also the Kings Sister to Frederick the Emperour which was done in Parliament for the
two Houses of Parliament and that the Knights Citizens and Burgesses did not sit with the Lords the Prelates having so great advantage of the Temporal Lords in their Votes were very unkind to the Crown they made not use of their over-ballance for the delivery of the King and Prince then said to be in Custody 3. Nor have I yet met with any reasons given why when the Government of the whole Kingdom was at this Parliament of 49 H. 3. to be setled after so long and bloody a War the Barons being then so victorious and numerous as our modern Authors say they would by their absence hazard and endanger the loss of all by entrusting the Prelates and Commons with the over-ballance Many remarkable observations might be raised upon this Record both as to the Lords and Commons but I will now pass to my eight Argument concluding this with M r Pryâ—â—s opinion how the Parliament Rolls before E. 3. came to be lost or destroyed I will use his own words That there are no Records at all in the Tower except some few antient Charters or Exemplifications of them antienter than the first year of King John all the rest from William the first his Reign till then except some few in the Exchequer not relating to Parliaments being utterly lost the first Parliament Rolls yet remaining are these 5 8 9 and 19 th of King E. 2. the Statute Roll of H. 3. E. 1. E. 2. containing some Statutes made in their Reigns a Parchment Book of some Pleas in Parliament during the Reigns of King E. 1. and 2. and a few Bundles of Petitions in the Parliaments of 6 E. 1. and 1 2 3 and 4 E. 3. none of which are here abridged viz. in the Abridgment by him published only I find in the Clause Patent Charter and Fine Rolls of King John H. 3. E. 1 and 2. some Writs of Summons and some memorials of Acts Ordinances made and Aids Subsidies Dismes Quindisms Customs granted in Parliaments held during their Reigns the Rolls whereof are perished and quite lost either through the negligence of the Record Keepers or the Injury Iniquity of the times during the Civil Wars between the King and Barons in the Reigns of King John and H. 3. and betwixt the two Houses of Lancaster and York for the Title of the Crown wherein it is very probable the prevailing King's parties by their Instruments imbezled suppressed such Parliamentary Records and Proceedings as made most against their Interests Power Prerogatives Titles or through the default of our Kings great Officers and Attornies who sending for the Parliament Rolls out of the Tower upon special occasions never returned them again for reasons best known to themselves by means whereof those Parliament Rolls being no where to be found their defects must be supplied only out of such fragments and memorials of them as are extant in our other Records and antient Historians especially in Matthew Paris Matthew Westm. William of Malmesbury Henry Arch-Deacon of Huntingdon Roger de Hoveden Simeon Dunelmensis The Chronicle of Brompton Radulphus de Diceto Ranulphus Cestrensis and Thomas of Walsingham who give us some accompts of their proceedings and transactions which else had been utterly buried in oblivion as well as their Rolls wherein they were at large Recorded as is evident by the Parliament Rolls yet extant The EIGHTH ARGUMENT From the various opinions of the learned men in and since H. 8. who never dreamed of any such origine nor was it ever heard of till of late IT would be tedious to set down the various and wandring opinions and reasons of our modern Authors in English touching the beginning of our Parliaments and constituent parts thereof especially of the Commons as now called and comprehended in the Knights Citizens and Burgesses in Parliament I will but instance in a few eminent Authors and leave the Croud behind The great Antiquary Mr. Lamberd holds that they were before the time of William the First and there are other learned men who give their assent to that as a great truth Mr. Prynn saith By all the ancient Presidents before the Conquest it is most apparent That all our Pristine Synods and Councils were nought else but Parliaments that our Kings Nobles Senators Aldermen Wisemen Knights and Commons were usually present and voting in them as Members and Judges Polydore Virgil Hollinshead Speed and Martin are of opinion that the Commons were first summoned at a Parliament at Salisbury An. 16 H. 1. Sir Walter Raleigh in his Treatise of the Prerogative of Parliaments thinks it was Anno 18 H. 1. My Lord Bacon in a Letter to the Duke of Buckingham asks Where were the Commons before H. 1. gave them authority to meet in Parliament Dr. Heylin finds another beginning and saith that H. 2. who was Duke of Anjou was the first Institutor of our High Court of Parliament which being an Anjovian he learned in France But I cannot find that any of those ever supposed the Commons were first introduced in Parliament 49 H. 3. by Rebellion Nor was this opinion entertained by any Author I can meet with Anno 1529. 21 H. 8. for in an answer of that great and excellent person Sir Thomas More Lord Chancellor of England in his supplication of Souls against the supplication of Beggers discoursing about King Johns making in the 14 th year of his Reign and three years before his granting Magna Charta the Realm Tributary to the Pope declares his Judgment without any doubt or hesitation and therein as I take it the universal tradition and belief of all learned men of that and precedent times That the Clergy and all the Lords and Commons of the Realm made the Parliament in the age of King John and that never could any King of England give away the Realm to the Pope or make the Land Tributary without their grant whose Book and so his opinion we find approved of and published by a grave and learned Judge of the Kingdom Mr. Justice Rastall and dedicated to Queen Mary her self An. 1557. not much above a Century ago The NINTH ARGUMENT From the comparison of the antient Generale Concilium or Parliament of Ireland instanced An. 38 H. 3. with ours in England wherein the Citizens and Burgesses were which was eleven years before the pretended beginning of the Commons here AS great a right and priviledge surely was and ought to be allowed to the English Subjects as was to the Irish before 49 H. 3. and if that be admitted and that their Commune Concilium or Parliament had its Platform from ours as I think will not be denied by any that have considered the Histories and Records touching that Land we shall find the two ensuing Records An. 38 H. 3. clearly evince that the Citizens and Burgesses were then a part of their great Council or Parliament That King being in partibus transmarinis and the Queen being left Regent
qui inter alios Principes orbis terrae Catholicum se exhibet Romanae Ecclesiae devotum jura sua libertates consuetudines leges praedictas absque diminutione inquietudine pacifice possidere ac illibata persistere benignius permittatis In cujus rei testimonium Sigilla tam pro nobis quam pro tota Communitate praedicti Regni Angliae praesentibus sunt appensa Datis actis Lincolniae Anno Dom. 1301. 2. The second is the Letter to the Pope made at the Parliament 17 E. 3. touching Provisions Quod Rex tota Nobilitas Regni pati noluit c. thus translated whereby the phrase Nobilitas Regni in the Historian will be explained TO the most holy Father in God Lord Clement by the grace of God of the holy Church of Rome and of the Universal Church Chief and high Bishop His humble and devout Children The Princes Dukes Earls Barons Knights Citizens and Burgesses and all the Communaltie of the Realm of England assembled at a Parliament holden at Westm. the 15 th day of May last past c. In Witness whereof we have hereunto set our Seals Given in the full Parliament at Westm. on the eighteenth Day of May Anno Dom. 1343. And indeed the Commons were so highly incensed that the Parliament Roll of this Year tells us that La dite Commune ne le poet ne le 〈…〉 t plus endurere those strange oppressions of the Pope and Provisors So that the Parliament of 24 H. 8. after great debate and consideration and a diligent search and inspection of the Antient Records of the Kingdom did ground their Statute amongst others upon these great Authorities the Statute saith Whereas the King his most noble Progenitors and the Nobility and Commons of the said Realm at divers and sundry Parliaments as well in the time of King Edw. 1. 〈◊〉 3. R. 2. H. 4. and other noble 〈◊〉 of this Realm made sundâ—â— Or 〈…〉 s Laws Statutes and p 〈…〉 for the entire and sure 〈…〉 tion of the Prerogative Lib 〈…〉 and preheminencâ—â— of th 〈…〉 〈◊〉 Imperial Crown of this Realm and of the Jurisdiction Spiritual and Temporal of the same to keep it from the annoyance as well of the See of Rome as from the authority of other Foreign Potentates attempting the diminution and violation thereof as often and from time to time as any such annoyance or attempt might be known or espied Pulton's Stat. 24 H. 8. c. 12. But to conclude the point of the Various Lections Certainly the different and great variety of words and phrases by which both the antient Historians and Records have in their several Ages and Times expressed and denoted the Communia Concilia Regni or Parliaments as now called and their constituent parts being not well observed and considered by most of our late English Authors who understood them as if they had signified what afterwards they did and now do have imposed on our Historical Faiths and propagated to posterity many palpable and gross errors whereby great and unkind clashings and diversities of opinions as well amongst learned men as others have had their source and spring nay even between Prince and People THE General Conclusion MY only aim and endeavour in this Discourse hath been from publick Records private Manuscripts and the best Historians to search out and discover truth and to assert the just honour of our worthy and famous Ancestors Commoners of England as now phrased great maintainers of the interest and dignity of the King and Kingdom and with submission to better Judgment I hope I have plainly proved 1. That the Freemen or Commons of England were an essential and constituent part of the Saxon Wittena Gemott or Parliament 2. That they so continued in the times of W. 1. W. 2. and H. 1. which last being an Englishman by way of Charter restored and confirmed the Laws of Edward the Confessor as his Father William 1. as well by his Magna Charta or Great Charter as by his Oaths had before done both when he was Crowned and also at Berkhamstead in the seventh Year of his Reign 3. And though the Rolls of Parliament in the succeeding Kings Reigns till E. 2. be lost or not found so as we are at a loss as to the several Orders of Parliament yet by what has been deduced from other Records before cited it is evident I conceive that the Citizens and Burgesses were a part of the Parliament Anno 16. of King John and so had not their beginning by rebellion Anno 49 H. 3. And therefore I may with good reason and warranty conclude That our Ancestors the Commons of England the Knights Gentlemen Freeholders Citizens and Burgesses of a great and mighty Nation were very far from being in former times such Vassals and Slaves or so abject poor and inconsiderable as the absurd and malitious ignorance and falsities of late Writers have been pleased to make and represent them especially the Author of the Grand Freeholders Iâ—quest and Mr. James Howel as if they were only Beasts of carriage and burden ordained to be taxed and tâ—lliâ—â—ed and have their Lives Estates and Liberties given away and disposed of without their own assents under a novel opinion and conceit that they were no part of the Commune Concilium Regni or Parliament before 49 H. 3. Perlege quae Regni clarissima Conciliorum Sunt Monumenta aliter nil praeter somnia cernis Appendix AFter I had compleated the foregoing Arguments a material Objection was by some of my Friends offered me which if not cleared in this discourse might in their judgment give a colour and pretence for a belief of an Opinion which is this That the Commons or people of England were from the time of the Norman Conquest represented by such as held of thâ— K 〈…〉 〈◊〉 Capite until 49 H. 3. and 〈◊〉 by two 〈◊〉 for each County and certain Burgesses for several Burroughs and Barons for the Cinque Ports Having before laid down a clear and plain distinction between Barones Regis and Barones Regni I shall therefore now distinguish upon the phrase Milites libere â—enenâ—es 1. Milites libere tenâ—ntes qui de Rege tenent in Capite 2. Milites libere tenentes de Regno The first Distinction I thus prove Rot. Pal. 2. Johannis m. 9. Rex dilecâ—is fidelibus 〈…〉 s Baronibus Militibus libere tenentibus qui de eo tenent in Hi 〈…〉 rnia Rot. Claus. 19 H. 3. m. 7. 8. dorso Re◠〈◊〉 〈◊〉 Sciatis quod Ar 〈…〉 〈◊〉 Aâ—baâ—es Priores C 〈…〉 〈◊〉 〈◊〉 omâ—â—s alii de Regno qui de nobiâ—â—â—nent in Capite spontanea 〈◊〉 〈◊〉 〈◊〉 consuetudine con 〈…〉 〈◊〉 〈◊〉 〈…〉 lium ad magna neâ—â—tia 〈◊〉 eâ—pedienda Rot. Claus. 26 H 3. m. 7. dorso Rex 〈…〉 omili Norhamptoniae praecipimus tâ—â—i 〈◊〉 alias praecipimus quâ—d 〈◊〉 facias Archiepi 〈…〉
as Bracton before cited Consensâ— communi totius Regni 3. Those Aides were given tam de tenentibus aliorum quam de tenentibus de Domino Rege in Capite levanda quo praetexta dictus Compotus de Auxiliis praedictis were as well for the Fees of the Tenants of the then Prior as for the Fees of the Prior himself which the Prior said would clearly appear to the Court by the Certificate of the Prior his Prodecâ—ssor in the time of H. 3. made to the Barons of the Exchequer so that the Tenants of the Prior did grant an Aid as well as the Prior himself and that in Parliament for as I have observed before Rot. Claus. 32 H. 3. m. 13. dorâ—o there was a Parliament then held 4. That in the Reign of H. 3. and preceding times when the Knights and Freeholders who held not of the King but other Lords did in the Commune Concilium or Parliament graâ—◠〈◊〉 Auâ—â—lium or Aid to the Crown the great Lord or Baron of the Fee of who 〈…〉 the Freeholders held was 〈◊〉 in the Exchequer to answer for 〈…〉 thereof under the title of his 〈◊〉 as the Bishop of every 〈◊〉 〈◊〉 till Queen Elizabeth's time was by Law chargeable for the coll 〈…〉 of 〈◊〉 granted by the Clergy within his Dâ—ocess yet certainly as the Bishop 〈◊〉 〈◊〉 any power to give for or tax his 〈◊〉 no more could or did any great Lord of the Fâ—â—â—ither jure t 〈…〉 or 〈◊〉 tâ—tionis charge or give away the 〈◊〉 of his free T 〈…〉 who were independent in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 solummodo 〈◊〉 this P 〈…〉 not well observed and understood 〈◊〉 late Authors has caused the 〈◊〉 about the T 〈…〉 〈◊〉 representing the 〈◊〉 in Parliament 5. 〈…〉 held of the King in Capite yet very considerable in number and all the Citizens and Burgesses should till 49 H. 3. either be totally excluded from being any part of the Generale Concilium Regni or Parliament or else by a Law of which there is not the least footsteps in History or Law were for so many Ages to be represented by the Tenants in Capite only in Parliament the transcendent Power of which Council in Conjunction with the King as Head thereof Sir Thomas Smith that great and learned man who was Secretary and Privy-Councellor to our famous Queen an old Parliament-man when he comes to write of the Parliament and its largeness of Power says thus In Comitiis Parliamentariis posita est omnis Augustae absolutae que potestatis vis quippe quemadmodum Robur virtus Angliae dieuntur in Acie residere Parliamentaria Comitia veteres leges jubent esse irritas novas indueunt praesentibus juxta ac futuris modum constituunt jura posseâ—siones hominum privatorum commutant spurios Natalibus restituunt Cultum divinum sanctioribus corroborant pondera mensuras variant incerti juris contreverâ—â—as dirimunt ubi nihil lege cautum fuit censum agunt Capitationes vectigalia indicunt delictorum gratiam faciunt afflictas Majorum sceleribus perditas familias erigunt vitae nâ—â—isque potestatem in cos obtinent quos ad hujusmodi disquisitiones Princeps advocaverat atque ut concludam breviter quiâ—quid in Centuriatis Comitiis aut in Tribunitiis Populus Romanus efficere potuisset 〈◊〉 omne in Comitiis Anglicanis tanquam in Coetu Principem populumque represent ante commode transigitur Interesse enim in illo conventu omnes intelligimur â—ujuâ—cunque amplitudinis status aut dignitatis Princepsve aut Plebs fuerit sive per se ipsum hoc fiat five per procuratorem nam omnibus peraeque gratum esse oportet quâ—â—quid ex Senatusconsulto Parliamentario profectum est 6. It is observable that the Prescription of Progenitores Regis in the Record of the Prior of Coventry tempore E. 3. did expresly extend to the Reign of H. 3. his great Grandfather and higher too so that I had good authority and warrant to say before that when the Burgesses of St. Albans in the Parliament 8 E. 2. affirmed That they and their Predecessors sicuâ— caeteri Burgenses de Regno as the rest of the Burgesses of the Kingdom had totis retroactis temporibus in all times past in the time of F. 1. Pregenitorum suorum and of His Progenitors sent Two Burgesses to every Parliament they had as well as other Boroughs of England sent Burgesses to the Generale Corailium or Parliament before mentioned in the 17th year of King John Grandfather to E. 1. at least and so by clear evidence before 49 H. 3. From the aforesaid Authorities and Reasons we may with good consequence conclude 1. That the People or Commons of England from the time of the Norman Conquest till 49 H. 3. were not represented in the Commune Concilium Regni or Parliamâ—nt by such only as held of the King in Capâ—â—e 2. And that the Commons or People 〈◊〉 〈◊〉 â—â—â—in to be represented by Knights Citizens Burgesses and Barons of the Cinque Ports in the said 40 H. 3. And now I shall subjoin some material Records relating to my former Discourâ—â— Inter Communia de Term. Trin. Anno 7 E. 2. Adhuc Recorda PJn nomine Poliarcâ—t Jesu Christi salvatoâ—is mundi totiusque Creature Creatoris cujus Divino Dominatui quique donatores debito servitio subnixe deserviunt cujus etiam omnipotentatui universi potentatus obsecundari examussim preproperant quia bonitas ejus bon 〈…〉 atis est incomprehensibilis miseratio inter minabilis dapsilitas bomtatis ineffabilis longanimitas quoque super pravorum nequitias quantitatis prosixitate cujusâ—ibet longior qui coâ—idiaâ—â—s admonitionibus religiosam conversationem duccntes monet ut pie Seâ—tando justitiae culturam non eam deseren dolinquant quin potius perseverabilt instantia in ejus cultura ut permaneant patâ—rno affectu hortatux qui nihilomâ—nus eadem affectione mandat peccatoâ—ibus ut resipiscant a suis iniquitatibus convertentes quia eorum execratut mortem ejus amoris stimulo fide suffultus cujus largifâ—ua miseratione Ego Cnut Rex totius Albionis Insule aliarum nationum plurimarum in Cathedra Regali promotus cum Consilio decreto Archiepiscoporum Episcoporum Abbatum Comitum aliorumque omnium fidelium eligi sanciend Atque perpeti stabilimento ab omnibus confirmandum ut Monasterium quod Biadricesworth Nuncupatur sit per omne evum Monachorum gregibus deputatum ad inhabitandum ab omni Dominatione omnium Episcoporum Comitatus illius funditus liberum ut in eo Domino servientes Monachi sine ulla inquietudine pro statu Regni Domini prevaleant precari Placuit etiam mihi hanc optionis electionem roborare privilegio isto in quo indere prccepi libertatis donum quod jam olim Edmundus Rex occidentalium SaxonnÌ„ largitus est suo equivoco pro nanciscenda ejus gratia mercede aeterna scilicet Edmundo Regi Martiri quod bone
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 â—alâ—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 â—alâ—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