councel was helde at Claringdone and before the King the Bishoppes and nobilitie were sworne to kepe and confirme many decrees and ordinaunces Iohn Stow writes in his Summary of the Cronicles of Englande that the 34 of his ragne at Geldington about ten myles from Northamton he shoulde holde a Parliamentâ— touching a voyage to be taken to the holy lande But if you consider the haste the king made thether the state at that present he stode in the place the shortnesse of the time and the matters there communed of you shall finde that in terming this or suche like consultation Parliaments Maister Fabian Stow Harding and other Englishâ— writers do rather vse the worde as in deede it is proper where any conference is than that it carries with it where it coÌ„mes the same to be vnderstand to be the greate Courte of Parliament in such general forme and vniuersall manner as nowe and since the time of Kyng Henrie the thyrde we haue and do vse it as you knowe the worde is Frenche and this much importeth A debating together A conference A consultation A conferring An enterspeech A Communication A discoursing one with another which may bee aswel with Ten for the worde as with Tenscore Kyng Richard the first in the eighte yeare of hys raigne retourning from the holy lande his brother Iohn in his absence vsurping the Crowne summoned a counsell of hys Lords at Winchester where by auctority of the said counsell 〈…〉 ments and landes whyche before hee hadde bestowed on hym After Richards deceasse he possessed the Crowne and in the firste and thirde yeare by the holding of two counsels as some affirme hee had certaine exactions agreed vppon for the maintenaunce of his wars others write that of himselfe hee leuied the sayd summes The eleuenth yeare all men toke the othes of Allegeance too hym from 12 yeres vpward The fourthteenth yere here is some difference for the yere the Lordes and Barons required the vse of Saint Edwardes Lawes and the reuoking of other wicked ordinaunces the which he not harkening to the ciuil warre begonne yet at Barhamdowne the king and nobilitie meeting they confirmed so much as they departed quietly The sixtenth of his raigne the king being slowe to performe that which he was brought to perforce the nobility toke them againe to armes and so hardlye sette hym as in a meadowe betweene Windsor and Staynes in a manner Nolens volens hee graunted their liberties and the Charter for their confirmation thereof is dated at Rime meade betweene the places beforenamed to the which al the Realme was sworne In the same yere the Lords perceiuing the Kings disposition to shifte from that hee hadde agreed on sente into Fraunce for Lewes the sonne of Philip the Frenche king who arriuing here was receyued by the Barons and Londoners honorably who sware fealty to hym and did him homage and then al with one crye they séeke oute the king who being at Winchester was driuen to flye whyche towne yeelded was sworn to Lewes whether also repayred in a maner al the nobility For al this sturre King Iohn procured the Pope by meanes of Pandolphe the legate to dispence with his othe to reuerse the Charter and liberties graunted and also excoÌ„municate the Barons and Frenchmen Henrie his sonne of the age of nine yeres yong enough 〈…〉 Kingdome and specially during such garboyles yet by the good gouernemente of Marshal Erle of Penbroke many of the Lordes drewe to him and very shortly after Lewes was driuen to leaue the land and being released of his excommunication the peace was agreed on the ninth yeare of his raigne of his age the seuententh or thereabout At the motion of the Archbishoppe of Caunterbury and other the Lordes the king graunted and confirmed the greate Charter whereuppon as I can gather by some records the warde and mariage of our children was graunted to the king and his successours the twelfth yeare the king refused to perfourme the liberties Charter graunted as before for that the ratification past in his minoritie and that now being of ful yeres to beare the sway himselfe hee woulde bee better aduised The twentith of his raigne is found the first Parliament of name and record and yet not to be so thought a Parliament as now we vse ours It is entituled The statuts made at Merton And further he sayes It was prouided in the Courte of our soueraigne Lord the king holden at Mertoâ— the morrowe after the twentith day of Saint Vincent the twentith yere of the raigne of king Henrie the son of king Iohn before VVilliam Archbishoppe of Caunterburie and other his Bishoppes and suffraganes and before the greater parte of the Earles and Barons of England there assembled c without addition of the thyrde state of this land Also you haue a statute made the yeare after entituled for the leape yeare beginning The King vnto the iustices of his Bench greeting The 42. yere or after some the 41 the barons vnwillingly bearing the kings driuing off for the restitution of certaine auncient lawes there was a Parliament at Oxforde which was called the madde Parliament yet not so mad but the king his brother king of Romains and Edward his sonne must and did agrée thereto tho much against their willes bycause many matters were ordeyned greatly and too much against the kings prorogatiue for the sure establishing and execution whereof there were 〈…〉 charge auctority to see the ordinaunces made maintayned whether for the small worthynesse of the lawes or the disorder in making or the shortnesse of the continuaunce I knowe not but I finde not any of those statutes with the rest which are rekened to be King Henrie the thirds These twelue noble meÌ„ were no soner in coÌ„mission but they begaÌ„ roughly presently exiling foure of the Kings brethreÌ„ by the mother The 43. and 44 yere of his raigne there were certain assemblies sometime of the nobility without the King and of the king without the Lordes without any mention of our thirde interest and al called Parliaments Thys yere in a Folkmote at London were al aboue twelue yeres sworne to the king In the 45. yeare he had obtained from Rome a dispensation for his othe and all others of his which he and they had taken for the maintenance of Oxforde folly The péeres during this pastime vnwitting vnwilling the kyng discharged Hugh le Spencer chiefe Iustice and put an other in his place expelled officers and Sherifes admitted by the king appointed other to supplie their romes Further the king was growâ—n to harde termes which was hee shoulde not passe ouer the Seas hauing large Territories in other countries without licence obtained as in this yeare appeareth The next yeare as before in the. 44 were al men in London aboue twelue yeares of age sworne too the king and his successours The 47 of his raigne the barons armed themselues the Kyng Queene fled from the tower to
among whom were Oda and VVolstane Archbishoppes and many other Bishoppes to prouide for their soules health and theirs whom they had the cure of And in an other place I Edwarde King to all both yong ond olde in my iurisdiction giue knowledge that I in the solempne assemblie of the best seene of my kingdome aswel ecclesiastical as temporal haue carefully enquired and so foorth King Edgar his seconde sonne the yeare 959 was likewise a lawe maker and thus entitles them The lawes whiche 1 Edgar King in the freequented senate to the glory of God â–ª the dignity of my Maiestie and the profite of the common wealth haue past Etheldred or Eldred or Egelred the second son of Edgar the yeare 979 whiche alter a little who by the murder of Edward his elder brother named the Martire came to the crown in whose time the Danes so entred this laÌ„d as ere they had done the king fledde into Normandy and lefte his kingdome to Swanus the Tyrant Dane after whose decease retourning he not long after died hee also being doing with lawes termes them thus The councel of graue fathers which king Ethelred had at Woodstock in Marcia for the preseruation of the peace whiche is gouerned by the english lawes at the ende of suche perticulers as are agreed on he concluds on this maner This our commaundement decree if any shal neglect c. He shal pay to the king one huÌ„dred twenty shillings There was a league made also by the sayd King with the army of Aulavus Iustinus and Gustimundus the sonnes of Stegetie the Dane and goes thus The agreement or part which once or of late king Ethelred by the aduise of his wise confederates with them aforesayde did enter in His sonne Edmund surnamed Ironside parted the Realme with Canutus or Knought King of Denmark who being slayn by the treason of Edricke Canutus enioyed the whole principality and tho Swanus were the firste Danish King here yet held hee not the kingdome so absolutely as thys man did Hee made more lawes than anye one before him which are thus intituled The decrees which Canutus king of English Danes and Norwayes at Winchester at Christmas hath appointed by the aduise of men of knowledge to the honor of the God of heauen the renoume of the kings Maiestie and the benefite of the common wealth Againe in an other place he vseth these wordes These are the humaine and lawes politique wherin vsing the counsel of the wise I command to be kept thorough Englande Hee began to raigne alone the yeare of grace 1019. Edwarde the Confessour after Hardikenitus the last king of the Danish bloud 1043. began to raigne he fouÌ„ded many holesome lawes and was the firste erector as it is written of the common law whych VVilliam Conqueror did after confirme wherof this I finde After the conquest of England the foresayde King William the fourth yere of his raigne by the persuasion aduise and councel of his nobility did sommon throughout his land the nobles the gouernours the graue heads and the Learned in the lawe to heare of them their rights customes and ordinances whereof chosing twelue of euery county who taking their othes before the king directly truely and so forth to shew declare the same they brought the lawes of Saint Edward as we haue them now and the king established them in that manner The Conqueror hym selfe began to rule this Ilande 1066 some recken a yeare more who also adding certaine ordinaunces in the entraunce hath these wordes Here beginneth what William king of the Englishe nation after the conquest with his nobility hath appointed to be perfourmed I reade that Henry the first his sonne who gouerned after VVilliam Rufus his brother did at the beginning of his raign lighten the great exactions imposed by his father and brother reduced and amended Saint Edwards lawes whiche as it should seeme were eyther forgotten or would not be remembred for al the fathers confirmation or rather shew therof reformed measures apoynted directions to be obserued Aboute the thyrtith yeare of hys raigne hee helde a counsel at LondoÌ„ wherin it was thought good he shold haue the Cleargy within his censure Maude the Emprice his daughter first marryed to Henrie the fourth Emperor of Almayne and afterwards to Geffrey Plantagenet Erle of Aâ—iou the 31. of his raigne had by hir husbande shortly after a son named Henrie vpoÌ„ the knowledge wherof he called hys nobles together decreed that his daughter the heires of hir body shoulde succeede him in the Kyngdome Grafton in the thirteenth yere of this King in hys Cronicle saith thus And in this time began the Parliament in Englande firste to be instituted and ordeyned for reformation and gouernement of this Realme The manner whereof as I haue fouÌ„d it set out in an olde pamflet I intende at large to set foorth in the raigne of King Edwarde the thirde when and where Parliaments were yearely and orderly kepte the whiche I sought to finde but promise was not kepte Turning his booke I founde in his preface to the Reader these wordes And where I haue in the â—3 yere of King Henry the firste promised to place the maner and order that first was taken for the holding of the parliamente in the time of king Edwarde the thirde I haue sith that tyme for sundry good causes thought meete to omit the same and therefore admonish the Reader not to looke for it Hereof iudge you and if you wyll haue hys reason he is not far to seke Stephen in a manner no sole sybbe to the Crowne the righte heyres being aliue was by the nobilitye admitted Kyng In hys time the Emprice by the aide of hyr Basterd brother Robert Earle of Gloucester the ciuill warres grew great wherin the King being taken and who now but the Emprice as it were confirmed according to hir iust title she was moued for the restitution of Saint Edwards Lawes but shee was deafe on that side The last yeare of thys Kings time he and Henrie the Emprice sonne grew to communication and agreement The King commaunded his Lordes to assemble at Winchester where Duke Henrie was honorably receyued and there it was agreed he shoulde adopte the Duke hys sonne and confirme too him the Crowne of Englande after his deceasse Henry the second hys follower in the gouernement of another clayme helde a councel at the beginning of his raign at Wallingforde where the Barons were sworne to the king The eyght yere of his raigne he caused all the subiectes to sweare fealty to his sonne Henrye touching the inherytaunce In the ninth yeare Fabian sayeth the kyng called a Parliament at Northampton and so termed it as also in some other places he doeth Councels and calling togethers of the Lordes by the prynce wherin him selfe vouches nothing was done but a pretence to reforme and somewhat gelde the preueleges of the Cleargy The same time a
Windsor by the way were too too vnkindly vsed of the Londoners The king Lords fel to agreement as Fabian writes were coÌ„tented to be ordered by the doome of the FreÌ„ch king who they agreed to be iudge betweene them the king giuing sentence the Barons refuse and fal to war. The yeare following the King his brother and sonne were taken in the Battayle at Lewes by meanes whereof the king grauntes a new the confirmation of the former statutes till matters accordingly be perfourmed Prince Edwarde and the king of Romaines sonne remaynes pledges wyth the Barons The 49. yeare Prince Edwarde being deliuered a Parliament or rather a counsell bycause I finde no statute thereof was helde at Winchester and all matters and decrees passed at Oxforde were vtterly vndone reuoked and called in and all writings and assuraunces sealed for the same were cancelled defaced You haue certaine statutes concluded I thinke at Winchester in your firste volume made in the yeare 51 of thys king in all the which you finde no other wordes for the moste parte but the king willeth or he commaundeth Unlesse hee firste alleadge an inconuenience happened which to redresse he vses it is therefore prouided and ordained The yeare after there were certain statutes passed at Marlebridge or Marleborowe wher you haue this beginning The yeare of grace 1267. the. 25. yeare of the raigne of king Henry sonne of king Iohn in the vtas of Saint Martine for the better estate of the Realme of England and for the more speedie administration of iustice as belongeth to the office of a king the more discrete men of the Realme being called together aswel of the higher as of the lower estate it was c. in all these statutes no word of enacted or ordained by the aucthority of this presente Parliament c. is founde but it is prouided and agreed whiche shal be and shal not bee as the matter which is stablished doth importe In the ende of these lawes and decrees and conclusion of agréement béetwéene 〈◊〉 king and his subiectes the Bishoppes doe pronounce aâ— men accurssed who shall go about to breake infringe or alter the liberties and free customes conteyned in the Charts of the coÌ„mon liberties and of the Forrest c. The preamble to the which Charters is in this manner Henrie by the grace of God c. To all Archbishoppes c. our faithfull subiectes greting know yee that wee vnto the honor of almighty god and for the saluation of the soules of our progenitors and successours kings of Englande to the aduauncemente of holy Church and amendement of our Realme of our mere and free will haue giuen and graunted c. Edwarde his sonne confirmed these Charters graunted by hys father and the thyrde yeare of his raigne helde a Parliament wherein were made diuers statutes and thus it saith These be the actes of King Edward sonne to King Henry at the first Parliament general after his coronatioÌ„ on the Monday of Easter vtas the thirde yeare of his raigne by his councel and by the assente of the Archbishoppes Bishops Abbots Pryors Erles Barons and al the comunaltie of the Realme being thether sommoned c. And for diuers considerations named the booke sayth The king hath ordeyned and established these Actes vnderwritten whiche he entendeth to be necessary and profitable vnto the whole Realme And in the first Chapter First the king willeth and commaundeth c. The yeare following other statutes were set downe by this Auctority In the presence of certaine reuerende fathers Bishoppes of England and others of the Kinges councell the constitutions vnder written were recited and after hearde and published before the King and his councell for asmuche as all the kinges councell aswell Iustices as others did agree that they shoulde bee put in writing for a perpetuall memory and that they shoulde bee stedfastlye obserued The next yeare hee made certaine lawes at Gloucester and hath thus For the great mischiefes c. Our soueraign lord the king for the amendmet of the laÌ„d c. hath prouided and established these Actes vnderwritten willing and commanding that from henceforth â–ª they bee firmely obserued within this Realme In the ende of the Chapters of the same ParliameÌ„t there is an explanation of it termed Expositions vppon the Statute of Gloucester which begin Afterwarde by the king our soueraigne Lorde and his Iustices certaine expositions were made vpon some of the Articles aboue mentioned c. The seuenth yeare other statutes were made the notice of the first was giuen to the Iustices of the Kings Bench with thys preamble Edwarde by the grace of God King of Englande Lorde of Ireland Duke of Aquitaine to his iustices of his benche greeting Whereas c. as it folowes in the act And now in our Parliament at Westminster after the said treatise the prelats erles barons and the coÌ„munaltie of our realme there assembled c we coÌ„maunde you that you cause these things â—o be redde before you in the said bench and there to be enrolled The ninth the 11.13 in the which he had three Parliaments as it semeth the first wherin the statute of Acton Burnel was made the second he helde the parliament at Westminster wherin very many statuts passed the thirde was at Westminster the eighteenth the 20.21.24.25.27.28.29.30.33 the thirtie foure yere there were statuts made as apeares by the records in all which these wordes passe of Aucthoritie for enacting and confirmation The King hath commaunded our soueraigne lorde the king hath ordained the king chargeth all his iustices vppon their faithes and othes that they owe him that they shal see this and that executed according to the statutes It is prouided our soueraigne Lorde the King to abate the power of fellons hath established a payne in this case and for asmuch as the king wil not that his people should bee sodainelye impouerished by reason of this penaltie that seemeth verie harde to many The king graunteth The king and his councell at his Parliament holdeÌ„ at Acton Burnel hath ordeined these establishments our soueraigne Lorde the king at his Parliament holden at Westminster in the eightenth of his raign of his special grace for the singuler affection that he beareth vnto his prelates Erles and Barons and other of his Realme hath graunted Wherefore our soueraigne Lorde the king considering fraude c. hath streightly commaunded our soueraigne Lorde the King in his full Parliamente holden the day after the feaste of the Purification in the twentith yere of his raigne by a general couÌ„cel hath ordained froÌ„ henceforth hath commaunded to be straightly obserued our soueraigne Lorde the king at his Parliament after Easter the 21. yeare of his raigne at the instance of the nobles of his Realme hathe graunted and commaunded too bee from henceforth firmely obserued we haue also ordeined by the aduise of our councell at the Parliament of our soueraigne Lorde the King holden at Lincolne in the vtas of
Saint Hillarie the twentith yere of his raigne of his couÌ„cel it was agreed and also commaunded by the king himselfe it is prouided by a common accorde We wil and graunt that this statute shall take effect it as agreed that such a writ of Indicauit shal not be graunted In the 34. yere of his gouernement and last statuts the first Chapter he graunteth in this maÌ„ner No Tallage or aide shal be taken or Leuied by vs or our heyrs in our Realme without the good wil and assent of Archbishoppes Bishoppes Earles Barons knightes Burgesses and other freemen of the lande The fourth Chapter he sayth thus we wil and graunte for vs and our heires that all Clarks and laymen of our lande shal haue their Lawes liberties c. as when they had them best and if any statutes haue bin made by vs and our auncesters or any customes brought in contrary to them or any manner Articles conteined in this present Charter we will and graunte that suche manner of statutes and customes shal be voide frustrate for euermore In the 6 Chapter where there is a curse set for the not performaunce of the premisses he hath In witnesse of which thing we haue set our Seale to this present Charter togither with the Archbishops Bishoppes c. which voluntarily haue sworne that as much as in them is they shal obserue the tenour of this present Charter in all causes c. Edward his sonne as I finde in your printed booke made many statutes in his first yeare his ninth his tenth his twelfth his fifteenth his seueÌ„teenth his eighteenth in all the whiche he vses the like manner of wordes as for the most parte be recyted before As Our soueraigne Lord the king hath graunted our soueraigne Lord the king willeth and commandeth The king decreeth this is added of new By the kings couÌ„cel Also it is desired that our soueraigne Lorde the King and the greate men of the Realme do not charge c. Our soueraigne Lorde the king intending to auoyde and eschewe such euil oppressions c. By the assent of his prelates Barons and other greate estates hath ordained c. It is prouided by our soueraigne Lorde the King and his Iustices and also graunted vnto the Citizens of London c. And also Forasmuche as some points of the statutes heretofore made hadde neede of exposition our soueraigne Lord the King Edward sonne to king Edwarde desiring that right bee done to his people at his parliamente holden at Yorke the thirde weeke after the feaste of Saint Michael the twelfth yere of hys raigne by the assente of the prelates Earles Barons and communaltye of his Realme there assembled c. VVe will also that this our ordinaunce shal take effecte c. But specially be it commaunded on the behalfe of oure soueraigne Lorde the king by the consent of the whole Realme The measure of our soueraigne Lorde the king was made c. in the twentith yeare of his raigne by some of his nobility and Isabel his queene badde Lords and worse wife as their doings in other cases after declared He was imprisoned and therevpon a Parliament was called wher Edwarde the Kyngs sonne not yet of the age of fourthteene yeares was elected by the common decree king in his fathers rome and in the name of the whole parliameÌ„t as it remaynes in some Authors diuers of the cleargye of the nobility were sente to the quondam King to shew â–ª him their determination who seing no remedie and smaler hope of recouery of his former estate renounced wyllingly when he could do no other his interest and principality If you wil haue this a lawfull and ful parliament I must pray god to kepe vs from many of them bycause of the hardnesse of the example for the king was badlye murdred within lesse than a yeare after and yet you see what words of Aucthority it hath Edwarde the thirde helde the crowne fifty yeares and odde monethes and had in his time 26. Parliaments at the leaste in some of the whiche there was not aboue one statute made and that of no greate importance In the first Parliament the bookes goe vpon certaine petitions and requestes made to him That is the king in the saide Parliament vpon such Articles aboue rehearsed by the common councel of the prelates Erles Barons and other greate men and by the communaltie of the Realme there being by his commaundemente hathe prouided ordained c â–ª the same Sessions at the request of the communalty of his Realme by their petition made before him and his 〈…〉 Prelates Erles Barons and other great men assembled at the sayde Parliament hath graunted for him and his heires c. and so procéedes to graunt and confirme alwaies the liberties of the greate Charter and the Charter of the Forest wherof for the most part there is mentioÌ„ first made in euerye Parliamente in all the whiche fewe excepted hee vses these wordes or such like and specially til his 14. yere in which he had a liberal extraordinary ayde or subsidy graunted hym By the assente of his Prelates Erles and Barons and other noble men of his Realme and at the requeste of the coÌ„mons after many times he puts in The consente of the Commons whole commons ful parliament and that chiefelye when as he obtained of them subsidie Taske fifteenth Disme or custome as if you turne the recordes you shall fynd and yet ofte he names them not at al but hath thus Councel and treatie there vpon had with the Erles Barons and our wise men of our said Realme c. VVe considering c. haue had there vpon deliberation and treatie with the Prelates and the nobles and wise men assisting vs of whose mutual councel it is ordeyned c. ofte putting in vvith the assent of the commons oftner at their request and petition whiche he vses not when they graunted him subsidie Taxe ayde custome fifteenth Tenthes or Lone But then the statutes carried these words VVith the consent of the commons whiche they well deserued And also deedes of congratulation aswel as allowance in termes for like moste liberal dutifull and considerate Subiects I wil thinke willingly did graunte their large contrybutions no larger than often nor ofter than needeful considering the diuers wars of their prince they did ninteene times bestowe towardes his charges their mony helpe if I did put in more as I suppose I shoulde not lye so should I not incurre any offence and that diuers of theÌ„ to continue two yeres thrée yeres sixe yeres A newe kynde of willing duty if you loke how alwayes before like matters in a maner were perforce extorted scouâ— them In Lieu whereof as a gratious prince thankefully accepting their doings as good cause he had â—aue theÌ„ at the least nine general pardons with some exceptions yet not many And whereas for the most part the Wolles of this lande before other commodities were most exacted of in his 36