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A44754 Some sober inspections made into carriage and consults of the late Long-Parliament whereby occasion is taken to speak of parliaments in former times, and of Magna Charta, with some reflexes upon government in general.; Som sober inspections made into the cariage and consults of the late Long Parlement Howell, James, 1594?-1666. 1656 (1656) Wing H3117; ESTC R2660 73,993 193

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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 discreet●r and most sufficient to be freely and indiffer●ntly chosen by them who shal be present a● such Proclamation according to the tenor of the Sta●utes in that case made and provided And the ●ames of the said Knights Citizens and Bur●esses so chosen to be inserted in certain In●entures to be then made between you and those ●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 a●ores●id and the Citizens and the Burgesses for themselves and the Commonalty of the said Cities and Bor●ughs may have severally from the●● 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 n●t by any mean●●●main undo● for want of such power or by reason of the improvident election of the aforesaid Knights Citizens and Burgesses But we wil● 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 sai● 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 s●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 o● the power and duty of both Houses o● Parliament is grounded The first Hour● 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 ●rove the Clergy hath no voice in Parliament useth this argument that in their Writ also the words are to come thither ad●onsentiendum to consent to such things as ●ere ordained by the Common Council of the ●ingdom but the other word ad facien●um to do is not in their Writ action being ●ot so proper for them in regard of their ●lerical functions Polyander Then it may be well inferred from what ●ou have produced that the King with the ●elates and Peers is properly the Common ●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 Regi● 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 Kin●Edward by the advice of his Council of Baron● revived a Law which hath lain dorma● threescore and seven years in the sam● Chronicle tis said that William the Co●●querer held a Council of his Barons An. 〈◊〉 Regni sui apud Londinias The next ye●● after he had a Council of Earles and Baro●● at Pinend●n Heath to decide the great co●troversie 'twixt Lanfra●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 Ear●s and Barons made an Ordina●●● 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 convoke● another Parliament of Nobles at Northampton King John in his first year summoned 〈◊〉 Magnates his great men to a Parliament a●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 i● Parliament he had afterwards Parliaments at London Westminster Merton Winchester and Marlborough Now these Precedents shew that from the conqust unt●● a great part of the reign of Henry the thir● in whose dayes 't is thought the Writ 〈◊〉 election of
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 A●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 Thom●● 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 i● communication and reasoning any ma●● should speak more largely then of duty be ought to do all such offences should be pardoned which was granted and entre● upon record In which petition it is observable that liberty or freedom of speech is not a power for men to speak wha● they will or please in Parliament It is ● 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 admir●●tion of the rashnesse of the House in commit●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 Majes●y acknowledging the said offence and contempt and to crave remission for the same with●●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 h●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 matte●● of businesse in Parliament for the commo● 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