Father William the first 3. That the Son as well as the Father had several times solemnly sworn to the inviolable observance of the Laws of St. Edward or of the Saxon Government 4. King Henry does not depend on the Normans that came in with his Father no it was upon the English Common Council or Parliament nor did he call them Vassels and Slaves but Amici Fideles mei naturales in them he fixt his only hope and assurance both for their Fidelity and Courage and believed that they would as indeed they did preserve and defend his Crown and Life against the great Power and Policy of his and the Kingdoms most bloudy Enemies who were ready to Invade both with a mighty Army it being then Prudentially and Politickly resolved unanimously in Parliament not to permit or suffer the Duke to land here but to fight him in his own Country which the English then did forty years after the coming in of William the first and at one Battle not only totally conquered and overthrew the Normans but took Robert their Duke Prisoner and thereby put a period to the dangers and fears of King Henry the first and in despite of the French Power set the Ducal Crown of Normandy upon the head of King Henry an English-man and after Robert had remained for some time in Prison at last to conclude the Catastrophe of his unhappy life he had his eyes burnt out of his head and so by a sad fate left all to the English King From all which Authorities and Reasons under correction it is sufficiently evidenced that in the Brittish Saxon and Norman Governments the Commons as we now phrase them had Votes and a Share in the making and enacting of Laws for the Government of the Kingdom and that they were an essential part of the Commune Concilium Regni Wittena Gemot or Parliament before and after the supposed Conquest by King William the First Having thus concluded my Preface I shall now diligently apply my self to discuss that grand point touching the introduction of the Commons into our great Council or Parliament as represented by the Knights Citizens and Burgesses being indeed the principal work I intended and was finished before this Preface the difficulty of which cannot be well judged of but by those who have undertaken subjects of like intricacy for I have at a great charge and expence of time and without any mans assistance or help out of the dark and neglected paths of Antiquity endeavoured to make truth publick and general and with submission I hope it will appear that I have rescued from the force and power of a dangerous growing errour the just and ancient rights and priviledges of our Ancestors in a matter of the highest moment and concern which is impartially debated in the ensuing Discourse a subject whereof to the best of my knowledge no Author hitherto hath so particularly treated A DISCOURSE Wherein is proved That the Commons of England were an essential part of the Parliament before the 49 th of Hen. 3. SEveral great and learned Authors of our Age having in their works and writings frequently published and asserted to the world this Position as an unquestionable truth That the Commons in Parliament as distinguished from the Lords compounded of Knights Citizens and Burgesses had their first birth and beginning by Rebellion An. 49 H. 3. and that too after the Battle of Lewes when the Barons had the King and Prince in their power as Prisoners and exercised Regal Authority in his name The consideration and consequents thereof raised in my mind a great desire seriously and impartially to enquire into so important a point of Antiquity and the better to satisfie both my own judgment and the judgments of some of my Friends I have run over many Records and Historians both Ancient and Modern in Print and Manuscript but cannot find any authority or reason to give a colour to so harsh an assertion I shall therefore under an humble submission to so eminent Antiquaries endeavour to disprove this notion of 49 H. 3. by these following Arguments 1. From the Claim and Prescription of the Borough of S t Albans in the Parliament of 8 E. 2. to send two Burgesses to all Parliaments sicut caeteri Burgenses Regni totis retroactis temporibus in the times of E. 1. and his Progenitors if so then in the time of King John Grandfather to E. 1. and so before H. 3. 2. From Records An o 15 o 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 St. Albans 3. From the solemn resolution and great judgment of both Lords and Commons in the Parliament of 40 E. 3. against the Pope That if King John had An o 14 o of his Reign which was three years before the granting of his Magna Charta made the Kingdom tributary to the Pope he had done it sanz lour assent which must be understood to be without the consent of the Lords and Commons and therefore void 4. From several Records inter alia de Annis 28 32 37 42 48 H. 3. mentioning Parliaments then held and their proceedings in some of which the word Commons is expresly mentioned as well as the Prelates and Magnates to be part of those Parliaments 5. From an act of Parliament 2 H. 5. that famous Prince where it is declared and admitted that the Commons of the Land were ever a part of the Parliament and so consequently were part of the Parliaments Annis 16 17 Johannis 28 32 37 42 48 H. 3. all within the prescription of the Borough of St. Albans 6. From the form of penning of Acts of Parliament and expressions in Records in 49 51 54 H. 3. when it is granted that the Commons were a part of the Legislative power which agree with the phrases of Records of Acts of Parliament before that time 7. From the defect and loss of the Parliament Rolls of H. 3. and E. 1. and from the universal silence of all Records and our antient Historians contemporary and succeeding 49 H. 3. till our days 8. From the various opinions of learned men in and since H. 8. time who never dreamed of any such origine nor was ever heard of till of late 9. From comparing of the ancient Generale Concilium or Parliament of Ireland instanced An o 38 H. 3. with ours in England wherein the Citizens and Burgesses were which was eleven years before the pretended beginning of the Commons in England The FIRST ARGUMENT From the claim and prescription of the Borough of St. Albans in the Parliament of E. 2. to send two Burgesses to all Parliaments sicut caeteri Burgenses
intended that Peter Bishop of Winchester being then Chief Justice of England should go from County to County City to City Borough to Borough or as our Church-Wardens do from House to House rogare Consilium auxilium the proper business of a Parliament to desire and entreat for their Counsel and Aid for the Honour of the King their own statum Regni and the safety of the whole Kingdom surely that had been an imployment fitter for the wandring Jew or Johannes de Temporibus and such counsel must needs have been of a very different and various nature and both agreeing very ill with the words majori festinatione and urgency of the contents of the Writs Let us then enquire what were the effects and consequents of these Writs and that brings me to the second observation King John began his Reign 6 o Aprilis the Writs bear date 6 o 8 o Martii which was the Close of An. 15 o. It may be the Winds were very cross or for some other reason the Letters might not so speedily be brought over or published here or after the summons there might be above forty days before they met But sure it is in the beginning of July after that March being the sixteenth Year of his Reign we find Nicholaus Tusculanensis Episcopus Apostolicae sedis Legatus per nuntios memoratos Domini Papae Authenticum acceperat Rex Anglorum erat in partibus transmarinis sed quoniam idem Rex in recessu suo ab Anglia Legato jam dicto Willielmo Marescallo vices suas in hoc negotio commiserat idem Legatus in urbe Londinensi apud Sanctum Paulum grande congregavit Concilium ubi congregatis Archiepiscopis Episcopis Abbatibus Prioribus Comitibus Baronibus aliis ad hoc negotium Interdicti the very business of the Writs spectantibus proposuit coram omnibus formam restitutionis And the Great Selden the Honour of the Inner-Temple or rather as the Learned Grotius Honos Britanniae to drive the nail home saith But we know by what is already shewed that divers former Parliaments were in this Kings time meaning before the granting of his Magna Charta An. 17 Joh. though the Laws made in them be lost And in the year before the Charter also which was An. 16 Joh. the Author of Eulogium sayes that Convocatum est Parliamentum Londoniis praesidente Archiepiscopo cum toto Clero tota secta laicali wherein per Domini Papae praeceptum illa obligatio quam Rex Domino Papae fecerat cum fidelitate homagio relaxatur omnino vii ' die Julii Having thus proved a Parliament in the 16 th of King John and that the Citizens and Burgesses had their Summons to it which is remarkable by a Writ particular and distinct from that of the Lords viz. the Earls Barons Magnates Angliae I will conclude this Argument with the Statute of 5 R. 2. Cap. 4. where it is enacted by the assent of the Prelates Lords and Commons That all and singular persons and Communalties be he Archbishop Abbot Prior Earl Baron c. which should have a Summons to Parliament should come from thenceforth to the Parliaments in the manner as they were bounden to do and had been accustomed within the Realm of England of old times and if they did absent themselves and came not he and they should be amerced or otherwise punished according as of old times had been accustomed to be done from hence I shall observe 1. That there were Summons to Parliament of old times as well to the Commonalties that is the Citizens and Burgesses as to the Archbishops Bishops Abbots Priors Earls and Barons and so the Statute may seem to affirm the prescription of S t Albans that saith that they had sent Duos Comburgenses sicut caeteri Burgenses regni did to every Parliament totis retroactis temporibus before E. 1. and his Progenitors 2. That the phrase of old times is in point of prescription and antiquity applied equally and without distinction or limitation as well to the great Lords as Commons But if the first had of old times as our modern Authors write been the only constituent parts of the Parliament it might in reason and prudence be thought they would not have consented to have admitted that Summons to Parliament for the Commons was Coeval with theirs nor would they have ratified and confirmed by a solemn Act the protestation or declaration of Right of the Commons of England in the Parliament 2 H. 5. n. 10. That the Commons had ever been a member of the Parliament and that no Statute or Law could be made without their assent 3. That if the Lords and Commons absented themselves and came not to Parliament they should be amerced or otherwise punished as of old times had been accustomed to be done this branch plainly agrees 1. With the Modus tenendi Parliamentum Written as M r Selden saith tempore E. 3. That the first day the Burgesses and Citizens should be called and if they did not come they should be amerced and so M r Prynn mistakes in his Animadversions when he saith that no absent Lord was fined before 31 H. 6. 2. It appears Ex vi terminorum of old times it had been so accustomed to be done that this prescription may well be applyed to the Parliament of 16 Joh. and long before for the Statute of Magna Charta 17 of that King saith Civitas London habeat omnes libertates suas antiquas by force and vertue of which word antiquas their old or ancient Liberties and Customs not only confirmed by the Magna Charta of William the First but used even in the Saxon times and before were in Parliament ratified and confirmed The THIRD ARGUMENT From the solemn and great Judgment of both Lords and Commons in the Parliament of 40 E. 3. against the Pope That if King John had An. 14. of his Reign which was three years before the granting of his Magna Charta made the Kingdom tributary to the Pope he had done it sanz lour assent which must be understood to be without the consent of the Lords and Commons and therefore void KIng John An. 14. of his Reign made himself and Crown tributary to the Pope But Anno 40 E. 3. The Prelats Dukes Counts Barons and Commons upon their full deliberation in Parliament resolved with one accord that neither the King nor any other could put the Realm nor people thereof into such subjection sanz assent de eux without their assent viz. as well of the Commons as of the Lords and that it appeared by many Evidences that if he had so done it was done sanz lour assent and contrary to the Coronation Oath And if the Pope attempted any thing against either having at the instance and sollicitation of the French King threatned to interdict or out-law both King and Kingdom They would oppose and resist him
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
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
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
learned Bodin of the Clergy the Nobility and the Commissioners of the Provinces and antient Cities 3. The Portugal Cortes or Parliament consists of the Bishops and Prelats the Nobiles majores minores and two Procurators or Burgesses from every City who have a deliberative voice which they call definitive 4. In Denmark Pontanus saith the Bishops the Nobility Civitatum Delegati the Deputies or Commissioners of Towns and Cities made up their General Council 5. For Sweden it does not much differ from the Government and form of Denmark their Common Council consisting of the same Estates and degrees of people that is to say Proceres Nobiles the greater and the less Nobility Episcopi Ecclesiastici Civitates Universitates the Cities Boroughs and Villages I might here if it were needful shew how great a share and interest the Hanze or free Towns in Germany have by their Deputies in all Ages had in the Diet or General Council of the Empire 6. But now at last we are come to Scotland Sir John Skene in his Epistle Dedicatory to King James before his Scottish Laws writes thus Intelligo tuas tuorumque Majorum Leges quae cum Legibus Regni tui Angliae magna ex parte consentiunt and then in his Book shews that Willielmus cognominatus Leo who as is said begun to Reign in 1105. and reigned 49. Years so as he was King of Scotland 5 10 of our Henry the first held his Assise or Parliament at Perth where several Laws were ordained to the observance whereof Episcopi Abbates Comites Barones Thani tota Communitas Regni tenere firmiter juraverunt King Alexander began to Reign Anno 1214. which was the sixteenth Year of our King John and Reigned 35. Years so as he died an 38 H. 3. he made his Laws de Consilio assensu venerabilium Patrum Episcoporum Abbatum Baronum ac proborum hominum suorum Scotiae And what the Communitas Regni in King William's Statutes and the probâ— homines in King Alexanders were the League made between the French King and the Crown of Scotland Anno 28 E. 1. clearly shews being ratified and confirmed in their Parliament per Johannem de Balliolo then King ac Praelatos Nobiles Universitates Communitates Civitatum Villarum dicti Regni Scotiae and the constant practice ever since hath been that the Cities and Boroughs have sent their Proxies or Representatives to the Parliaments of that Kingdom It may therefore seem very strange that when the Cities and Boroughs in all the Kingdoms of Europe de jure and de facto were ab antiquis temporibus even in times coeval with the Government an essential part of their Common Councils or Parliaments that England should not be under the same constitution being but descendants from Gaul or the more Northern Countries if so 1. Was it because in the Britton Saxon and Norman times there were no Cities or Boroughs or if there were were they so poor and inconsiderable as they deserved no observation in the eye of the State or 2. Was it because by a strange and unheard of fate peculiar and proper only to them they were not fit or capable to give or hear reason as well as the Delegates or Representatives of the Cities and Boroughs of France Spain Portugal Denmark Sweden and Scotland or 3. Had they no property or right in their Estates Certainly in my opinion none of these Objections can be admitted allowed or proved for In the Brittons time venerable Bede tells us Erat Britannia viginti octo Civitatibus quondam Nobilissimis insignita praeter Castella innumera quae ipsa muris turribus portis ac seris erant instructa firmissimis Nor were they of less reputation in the Saxon or Norman times when they were thought so necessary and proper for the safety of the Govern ment preservation and defence of the Laws that it was ordained by William the First and the Common Council of the Kingdom That no Market or Fair should be permitted to be held nisi in Civitatibus Regni nostri in Burgis ubi consuetudines Regni Jus Commune dignitates Coronae nostrae deperiri non possunt nec defraudari nec violari sed omnia recte in aperto per Judicium Justitiam fieri debent c. ad tuitionem gentium populorum regni ad defensionem Regni And if in the Brittons times the Nation was so strong in Cities and Castles surely it cannot be imagined but that in the Saxon and Norman times when the Nation became to be more civilized and considerable in the World the Estates or Degrees of the Inhabitants would easily part with these Liberties and Priviledges which their Ancestors though less knowing and powerful did claim and enjoy Having thus concluded my Arguments against the Position of 49 H. 3. I have thought it not altogether impertinent to add some brief Observations for the better understanding of antient Records and Historians in their various Lections and different expressions I shall therefore consider 1. The different application of the words Commune Communitas or Plebs 2. The several Denominations by which our antient General or Common Council or Parliaments were expressed 3. The various acceptation of the word Baro and that under the Phrase of Baronagium Angliae both Lords and Commons were comprehended Observation I. The different application of the words Commune Communitas or Plebs THere lies a main Objection against me for some Authors say that the words Commons Communitas or Plebs is not to be met withal in any antient Authors or Records ab ingressu Willielmi Primi usque ad excessum H. 3. and therefore conclude they were never a part of the Commune Concilium or Parliament before 49 H. 3. because not mentioned eo nomine Admitting the Objection true which I conceive otherwise yet it is no Conclusive Argument for before the Statute An. 3 R. 2. cap. 3. I cannot find the appellation of Lords Temporal nor before the 13 th of that King cap. 2. the phrase Lords Spiritual and Temporal in our Printed Statute Books Ergo from thence it follows by a necessary consequence according to their Argument that they were not any part of the Generale Concilium or Parliament before those times because not expressed by that name I suppose this Conclusion will not be admitted true But as I am well satisfied that the Archbishops Bishops Abbots and Priors who were often expressed by and comprehended in the word Praelati and who in after times constituted the Lords Spiritual and the Earls and Barons as now differenced the Lords Temporal were ab antiquo undoubtedly a part of the Commune Concilium Regni or Parliament so it may be proved if insisted upon That the Milites and libere tenentes de Regno or Angliae the Knights and Gentlemen or
THE ANTIENT RIGHT OF THE Commons of England ASSERTED OR A DISCOURSE Proving by Records and the best Historians that the Commons of England were ever an Essential part of Parliament By WILLIAM PETYT of the Inner-Temple Esq Non nulli taedio investigandae veritatis cullibet opiniâ—â— potius ignaâ—i succambunt quà m explorandâ veritati pertinaci diligentiâ perseverare volunt Min. Foelix Inter â—ericula veritatis libertatis 〈◊〉 〈◊〉 LONDON Printed for F. Smith T. Bassett J. Wright R. Chiswell and S. Heyrick 1680. To the Right Honourable Arthur Earl of ESSEX Viscount MALDON Baron Capell of HADHAM Lord Lieutenant of the County of HERTFORD one of his Majesties most Honourable Privy-Council and First Lord Commissioner of his Majesties Treasury MY LORD THere have been Authors of modern times who have in their Writings concerning the Government of this Kingdom published to the World That the Commons of England as now phrased were no part of the antient Commune Concilium or Parliament of this Nation before the forty ninth Year of H. 3. and then introduced by Rebellion A Position when seriously weighed equally wounds the Peerage of England since the same Authors say that there is no formal Summons of the Lords to Parliament found upon Record before that time After I had often considered so great a point and having often read of the freedom of this Nation that no Englishman could lose his right or property but by Law the Life and Soul of this so famous and so excellently constituted Government the best polity upon Earth which when united in all its parts by prudent Councils made always the people happy at home in Peace and the Crown ever Victorious abroad in War I did resolve to take pains to search if matters thus represented to the highest disadvantage and prejudice of the people of England were true or false which I have industriously and impartially endeavoured and hope with that clearness that will evidence to all unbiassed judgments the unsoundness of those Opinions When I had so done being unwilling my labour should be to my self alone and not to those who search after knowledge in these matters to disabuse and prevent others from building upon such mistaken and dangerous Foundations I thought it not unseasonable to publish this Discourse wherein there is no Record cited but in my opinion equally asserts the right of the Peers of this Kingdom as well as of the Commons and therefore have taken the boldness to send it into the World under your Lordships Protection whom I know to be a great Lover of Truth To which all mankind ought to pay Allegiance I should have had great satisfaction if before it had been put to the Press it might have received your Lordships judicious corrections and approbation whose knowledge and industry in venerable Antiquity and all other useful Learning is well known unto the World But this happiness I could not reasonably expect your Lordships time being so much taken up in the service of the Crown whereof your Lordship is so eminent and so great a Pillar as your Honourable Imployments both at home and abroad do sufficiently demonstrate I most humbly beg your Lordships Pardon for my presumption in this Dedication which fault I hope may be extenuated by the relation I have to your Lordship in my Profession and being deprived of other means publickly to shew my humble gratitude for the many favours your Lordship has been pleased to confer upon My Lord Your Lordships most humble most faithful and most obedient Servant W. Petyt THE PREFACE MY principal design in this following Discourse is impartially to vindicate the just honour of our English Parliament from the calumnies and reproches of some late Authors who have asserted 1. That an essential part of that Great Council viz. the Commons of England represented by the Knights Citizens and Burgesses in Parliament were introduced and began An. 49 H. 3. by Rebellion 2. That before that time the Commons were never admitted to have any Votes or share in the making of Laws for the Government of the Kingdom nor to any Communication in affairs of State To discover and refute the unsoundness of the second Position and that the contrary may appear to be true I shall before I come to answer the first consider the second and endeavour to prove that during the Brittish Saxon and Norman Governments the Freemen or Commons of England as now called and distinguished from the great Lords were pars essentialis constituens an essential and constituent part of the Wittena Gemot Commune Concilium Baronagium Angliae or Parliament in those Ages 1. Under the Brittish Government THE Brittons called their Commune Concilium or Parliament Kyfr-ythen then because their Laws were therein ordained and upon K. Lucius his Letter to Pope Elutherius to send him the Roman Laws the Pope who could not be ignorant of the constitution and frame of the Brittish Polity writes back to him Habetis penes vos in Regno utramque paginam ex illis Dei gratia per Concilium Regni vestri sume legem per illam Dei potentia vestrum rege Britanniae Regnum But what their Laws and particular Government were is very uncertain by reason that Scripta Patriae as Gildas sayes Scriptorumve Monumenta si quae fuerint aut ignibus hostium exusta aut Civium exulum classe longius deportata non comparent The Histories of our Country if there were any are not to be found being either burnt by the Enemy or carried beyond the Seas by the banished Brittons Yet this is certain and not to be denied that 〈◊〉 their elder time the People or Freemen had a great share in their publick Council and Government For Dion Cassius or Xipniline out of him in the Life of Severus assures us Apud hos i. e. Britannos populus magna ex parte principatum tenet 2. Under the Saxon Government IT cannot be doubted but that the Saxons who made themselves Masters of the Brittish Nation brought with them their Country Laws and Government and that the Commons were an essential and constituent part of their Commune Concilium Tacitus tells us De minoribus rebus Principes consultant de majoribus omnes ita tamen ut ea quoque quorum penes plebem arbitrium est apud Principes praetractentur After the Saxon Government became united and fixed under a sole Christian Monarch they still continued and kept their antient Wittena Gemots or Parliaments as now phrased wherein they made Laws and managed the great affairs of the King and Kingdom according to the Plat-form of their Ancestors Many Authorities might be given to evidence this I will instance in three or four 1. then We have that famous Parliament summoned by King Ethelbert An. 605. which my Author calls Commune Concilium tam Cleri quam populi 2. About the Year 712. King Ina assembled a great Council or Parliament wherein he
the Third had the assent of the Commons in Parliament to make them Laws Now the word Progenitors in the Statute must I conceive go higher than Ric. 1. for Bracton a Learned Judge who flourished in the time of Henry the Third and so by a reasonable computation of time may be supposed to have lived in the latter end of the Reign of Ric. 1. or beginning of King John's after he had declared to posterity that he had bent his mind ad vetera judicia perscrutanda diligenter non sine vigiliis labore and whatsoever he found Notatu dignum he reduced in unam summam perpetuae memoriae commendanda concludes this point thus Cum legis vigorem habeat quicquid de consilio de consensu Magnatum Reipublicae communi sponsione authoritate Regis sive Principis praecedente justè fuerit definitum approbatum And so just and excellent was the ballance of the Constitution of our legal Government in preventing any order or rank of the Subjects to impose upon or bind the rest without their common consent and in conserving as it were an universal liberty and property to every individual degree of men from being taken from them without their assent as the County Palatine of Chester ab antiquo were not subject to such Laws to which they did not consent for as well before the Conquest of England as after they had their Commune Concilium or Court of Parliament by authority of which the Barones Milites quamplures alii Rot. 44 H. 3. m. 1. dorso Barones liberi homines omnes alii fideles Rot. Pat. 3. E. 1. m. 6. or as the Supplication to H. 6. saith The Abbots Priors Clergy Barons Knights Esquires and Commonalty did with the consent of the Earl make or admit Laws within the same such as should be thought expedient and behoveful for the Weal of the Inheritors and inheritance of the said County and no Inheritors or Possessors within the said County were chargeable or liable or were bounden charged or hurt of their Bodies Liberties Franchises Lands Goods or Possessions unless the said County or Parliament had agreed unto it And I dare under submission affirm that neither this County Palatine nor Durham were ever subjugated to have their Estates given away at the good will and pleasure of the Earl or Bishop under any notion or fancy in those days of being their representatives in the Commune Concilium Regni or that being dependant Tenants their consents were included in their Lords assent and if the Commune Concilium Cestrense or Parliament was deduced from Records it would be of greater use to shew us as in a Mirror the Government of England in antient days than what I have yet seen published by any Author 3. That the Answer of the King to the Petition penned and made by all the Judges of the Land his Council in Parliament cannot be supposed to be grounded upon a modern usage of 59. years from the time of 49 H. 3. till then if the Tenants in Capite jure repraesentationis made the Parliament as some hold but was a Declaration of the ancient Custom and right of the Nation 4. That it was not in the power of all the Tenants in Capite of England or the greatest part who were the Petitioners though with the Kings consent to bind and oblige others or to make or alter a Law sine assensu Communitatis Regni who had votum consultivum and decisivum an Act of Authority and Jurisdiction as well in assenting to spiritual Laws as Temporal as may appear for an inâ—tance in their Declaration or Protestation to E. 3. in Parliament Que nul estatut ne Ordenance soit fait ne grante au Petition du Clergie si ne soit per assent de voz Communes ne que vous dites Communes ne soient obligez per nulles constitutions q'ils font pur lour avantage sanz assent de voz dites Communes Car eux ne veullent estre obligez nul de voz Estatuz ne Ordinances faitz sanz lour assent Fortescue cap. 8. pag. 40. tells us Sed non sic Angliae Statuta oriri possunt dum nedum Principis voluntate sed totius Regni assensu ipsa conduntur Et si Statuta licet tanta solennitate prudentia edita efficaciae tantae quantae conditorum cupiebat intentio non esse contingant Concito reformari ipsa possunt non sine Communitatis Procerum Regni illius assensu quali ipsa primitus emanarunt And that this was the antient Law and Right of the Kingdom appears by the answer of E. 1. an o 22. of his Reign to the Petition of the whole Clergy of England for the Clergy having given the King medietatem omnium bonorum tam temporalium quam spiritualium complaining that the Immunity of the Church laesa fuit violata petiit à Rege quosdam Articulos Rege jubente jussit enim Rex postquam votis ipsius paruerant in giving the Subsidy ut ipsi ab eo peterent remedia quae vellent Et petierunt imprimis ut Statutum de manu mortua quod in praejudicium Sanctae Matris Ecclesiae fuit editum deleretur Cui quidem Articulo respondit Rex quod idem Statutum de Consilio Magnatum suorum so phrased by the Historian fuerat editum ordinatum absque eorum Consilio non erat revocandum but a more certain authority tells us that the Statute was made per Commune Concilium Regni or Parliament as appears by Rot. Claus. 7 E. 1. m. 5. dorso Rot. Pat. 10 E. 1. m. 13. and then the Commons were unquestionably an essential part and joined in the making the Statute The SIXTH ARGUMENT From the form of penning of 〈◊〉 of Parliament and expressions in Records in 49 51 54 H. 3. where it is pretended the Commâ—ns first began to be a part of the Legislative Power which agree with the phrases of Records of Acts of Parliament before that time THE King writes to the Bishop of London and to the rest of the Bishops of the Province of Canterbury that his heart was wounded 〈…〉 to dolore that the Earl of Gloucester and other Rebels had by crafty perswasions circumvented pro 〈…〉 r Prince Edward ad partem suam proditoriâ— aâ—â—axeâ—unt proprii contemptu Sacramenâ— contra formam de nostro ejusdem silii nostri Praelatorum Magnatum Communitatis Regni nostri unanimi assensu voluntate nuper London provisam The King per le conseil l'assentement le Rei de Alemain de Countes de Baruns del Commun de la terre pardoned and released the Earl of Gloucester and all his Company c. And the King per le Conseil Passentement le Rei de Alemain les Cuntes de Barons le Commun de la terre pardoned and released the Londoners totes maneres de
ire de rancour de male volente c. The King and Prince having undertaken the Crusado for the Holy Land quia tamen Praelatis Magnatibus Communitati Regni non videtur expediens neque tutum that they should be both out of the Kingdom istis temporibus it was agreed the Prince should go and a Subsidy was granted to the Prince by the Parliament If one should shew the Authors of the novel opinion only these Records and thereupon ask them who the Communitas mentioned in these Records after the words Praelati Barones Magnates were I doubt not but they would say Knights Citizens and Burgesses because they are after the pretended inception of 49 H. 3. but then I desire to know what authority they can shew why the Communitas in 29 32 37 48 H. 3. should not be a part of the Parliament as much as of 49 51 54. of that King since the words or phrases of both are alike in the Records For I do not think it a true way of reasoning That because the notion of 49 H. 3. is generally published by our now Historians and so believed Ergo it unquestionably was so and has always and in all ages been distinctly known and believed The SEVENTH ARGUMENT From the defect and loss of Parliament Rolls of H. 3. and E. 1. and from the universal silence of all Records and our antient Historians contemporary and succeeding 49 H. 3. till our days IT is true indeed for any thing yet appears the Parliament Rolls of H. 3. are all lost or destroyed though references are made to them by several Clause and Patent Rolls of H. 1. and H. 2. yet no direct Writ of Summons ad Parliamentum is extant of that time either of the Lords or Commons so M r Pryn till the Dorse of the Clause Roll 49 H. 3. in a Schedule affixed thereto where there are Writs for Electing and sending to a Parliament at London two Knights Citizens and Burgesses and Barons for the Cinque-Ports and likewise Summons to the great Lords But if that Roll of 49 H. 3. and Rot. Claus. 22 E. 1. had been destroyed as many others of that time were then had there been no footsteps or testimony left us on Record yet discovered of any formal Summons to Parliament of them or the Prelats and temporal great Lords till 23 E. 1. though several Parliaments were in the interim no less than twelve as the Printed Statute Books tell us And the Commons expresly said to be present at some and implyed in all if the Phrase of Commune Concilium Regni implies so much which 〈◊〉 think is unquestionable when compared with the Statute of Westm. 1. made 3 E. 1. which was not eleven years after 49 H. 3. wherein the constituent parts of the Commune Concilium Regni are enumerated and expressed the Statute being made Per l'assentements des Archievesques Evesques Abbes Priors Countes Barons tout le Comminalty de la terre illonques summones Now because from that one Record of 49 H. 3. being the only Roll as yet found out it should be wonderfully observed and from thence infallibly concluded and nicked and by an ominous and influential Asterism of Rebellion and Treason marked that the very first Writs whereby the great Lords are said to be also first Summoned to send two Knights Citizens and Burgesses for each County City and Borough 〈◊〉 Parliamentum in Octabis Sanâ—ti Hillarii were made in this very year at that very Crisis of time nay tested on such very days when the rebellious Barons after the Battel of Lewes had the King and Prince in their power and exercised Regal Authority in his name under good favour seems not at all satisfactory and convincing to me until they give more certain and greater testimonials and evidence and answer these few Records If the Epocha of the Knights Citizens and Burgesses or Commons as now called and distinguished from the great Lords being first admitted a part of the Parliament and Legislative Power had such a Creation and Origine it is more than a wonder though the Parliament Rolls be destroyed that the Lieger Books Charters or Historians of that time either National or Foreign of which there are not a few or our antient Lawyers Bracton Britton Fleta and Hengham had not amongst many Narratives of far less moment and weight given posterity a remark or some short hint or memorial of so suddain so great and so universal a change or Catastrophe of the whole constitution and ancient frame of the English Government as that must unquestionably be admitted to be or some subsequent Chronologer had not so much as dreamed of it till of late or that branch in the ancient Coronation Oath of our Kings demanded by the Archbishop had not been omitted or ne ver administred which runs thus Concedis justas leges consuetudines esse tenendas promittis per te esse protegendas ad honorem Dei corroborandas quas Vulgus elegerit secundum vires tuas Respondebit Rex Concedo promitto The word Elegerit being admitted to be of the praeterperfect tense it certainly shews that the peoples Election had been the foundation and ground of antient Laws and Customs and the term of justas leges seems to allow a liberty of debate reason and argument so much as might be of efficacy and force to demonstrate and convince that the Laws so required by the Commons of the King were just and reasonable the debate and consideration of which certainly was never nor ever could be intended to be done in the diffusive capacity of all the Commons of England separatim but in an intire or in an aggregat body that is in their Communia Concilia or Parliaments And with this agrees the Statute of Provisors An. 25 E. 3. which saith Whereupon the said Commons have prayed our Soveraign Lord the King that upon the mischiefs and damages which happen to his Realm he ought and is bound by his Oath with the accord of his people in his Parliament thereof to make remedy and law and removing the mischiefs and damage which thereof ensue And this they say sith the right of the Crown of England and the Law of the Realm was such Nor indeed can I apprehend any colourable pretence much less a probable reason that if the Barons had 49 H. 3. usurped the Soveraign power into their hands they should 1. So easily and speedily divide and share it with the Commons constitute a new Court of Parliament and make them essential and coordinate with themselves in the Legislative Power sure we know it is natural for all Courts ampliare non diminuere Jurisdictionem 2. That at that Parliament the numerous Barons as they stile them should but summon 23. of their own Order when the Archbishops Bishops Abbots Priors and Deans made 120 if we must be concluded by the Records If there were then
pos Episcopus Comites Barones Abbates Priores Milites liberos homines qui de nobis â—â—nent in Capite c. Eodem modo Seribi 〈…〉 omnibus viâ—ecomitibus Comitatuum Angl 〈…〉 As to the second Distinction The ancient Chronicles of the Kingdom say That both before and after the Conq 〈…〉 as we phrase it the Kings of England held their Court three times in every year at Easter Whiâ—sonâ—ide and Christmas and then the Crown was attended with most of those qui de Rege 〈◊〉 in Capite this was called â—â—ria Regis if any difference of right did arise between the King and his Tenants oâ— between Tenant and Tenant here it was heard and determined and many things were there acted and done in relation to the Kings 〈◊〉 or Tenants but under favour this was not the Commune Concilium Regni or Parliam 〈…〉 as we now call it for the King held this Court ex more of 〈◊〉 as Simon Dâ—netmensis and 〈◊〉 〈…〉 igorniensis write in vita 〈◊〉 Primi But when they and contemporary Historians take noâ—ice of the meeting of the Commune Concilium Regni or Parliament then their expressions 〈◊〉 and say That Rex asâ—ivit Orderieus vitalis pag. 680. Exprecepto Regis convenerunt Eadmerus Rex Sanctione sua adunavit Flor. Wigorn. Continuat and many such like expressions which shew it was not held ex more of custom yet true it is Kings did often convene or summon the Common Council of the Kingdom at one of the said Feasts being a great conveniency to the Tenants in Capite But they summoned the General Council also at other times according to the Emergency of Affairs examples of which are obvious in the ancient Historians Now to shew that the Milites tenentes qui de Rege tenuerunt in Capite together with the other great Lords that held of the King were not the partes constituâ—ntes and alone did compose and make up the 〈◊〉 the whole body of the Generalâ— or Commune Concilium Regni or Parliament I will begin with a Statute or Act of Parliament made tempore Richard the First who Reigned before King John Father to H. 3. and 74 years before 49 H. 3. the Assize or Statute being made per Assensum Consilium Archiepiscoporum Episcoporum Abbatum Comitum Baronum Militum libere tenentium totius Regni King John being divorced the new Queen was Crowned De communi assensu concordi voluntate Archiepiscoporum Episcoporum Comitum Baronum Cleri Populi totius Regni The King Anno 6. Summons a Parliament tractatur Nobiscum de magnis arguis negotiis nostris communi Regni utilitate Quia super his qua a Rege Franciae per nuncios nostros suus nobis mandata sunt and that expedit habere consilium Magnatum terrâ— therein The King per Commune Concilium Regni then made an Assize of Money And at the same Parliament provisum fuit Communi assensu Archiepiscoporum Episcoporum Comitum Baronum omnium fidelium nostrorum Angliae that nine Knights through all England should find a Tenth bene paraâ—um cum Equis Armis for the defence of the Kingdom and that those nine Knights should find the tenth Knight every day two shillings ad liberationem suam Certainly the words Fideles Angliâ— cannot be understood to be restrained to the Tenants in Capite only The Archbishops Bishops Abbots Priors Mâ—gnates Regni gave an Auxilium ad desensionem Regni reâ—uperationem â—â—rrarâ—m nostrarum against the French King and who the 〈◊〉 then were the Patent Roll 〈◊〉 〈◊〉 1. shews where iâ— is contained 〈◊〉 c. 〈◊〉 〈◊〉 Baâ—onâ—s Militâ—s alii 〈◊〉 Regno retire 〈◊〉 â—â—dium 〈◊〉 〈◊〉 〈◊〉 aliâ—s 〈◊〉 Progâ—â—itoribus â—ostris 〈◊〉 Anglis liberâ—â—iter 〈◊〉 〈◊〉 de omnibus â—â—nis 〈◊〉 〈◊〉 Hence I â—hall observeâ— That the Subsidy in 〈◊〉 1. time was granted in Parliaâ—â—nt and so this of â—ing John's 2. The words Preâ—â—riâ—â—ribus noâ—â—ris Râ—gibus 〈◊〉 must unquestionâ—bly comprehâ—nd King Jâ—hn Grandfather to Edwâ—â—d the 〈◊〉 and by a reasonable constructioâ— mâ—y â—e 〈…〉 nded higher And at the 〈…〉 me Parliament 8 〈◊〉 〈◊〉 〈◊〉 universitas Comiâ—um Baranum 〈◊〉 〈◊〉 aliorum fidelium complain against the Clergy about Reme 〈…〉 whâ—râ—â—pon the King granted his Pr 〈…〉 or Suâ—â—rsedâ—â— to the Clergy thaâ— thâ—y sâ—ould do nothing therein 〈◊〉 〈◊〉 univers 〈…〉 before mentioned super hoc Colloquium habemus Anno 17 Johannis The Agreement and Peace at Runningmeâ—d was made between King John of the one part and Robert Fitz Walter Marshal of God and Holy Church several 〈…〉 rls there named alios Comites Barones liberos homines totius Regni ex 〈◊〉 parte or as the Patent Rolis 17 Johannis m. 17. dorso Generale Concilium and Rot. Claus. 28 H. 3. m. 12. dorso Parliamentum de Runemed I have seen it several ways spell'd or writ Runemeid Rendmed Redmede which may seem to be a word of Saâ—on extraction for Mr. Somner tells us that 〈◊〉 is Câ—nsulere and so justifies Mat. 〈◊〉 pag. 273. in his Etymology when he saâ—s Rennemed quod interpretatum Praâ—um Concilii eo quod antiquis temporibus 〈◊〉 de pace Regni saepius Conâ—ilia traâ—â—abantur Anno 2 H. 3. Magna Charta was in Parliament granted and confirmâ—d an ancient Transcript of which writ in the time of E. 1. I have and conceive that those who then gave a Subsidy of a Fifteenth to the Crown were the parts that compounded and made the Communc Concilium Regni or Parliament and who they were let the Charter speak Proâ—ac autem donatione concessione libertatum istarum aliarum contentarum in Charta nostra de libertatibus Forestae Archiepiscopi Episcopi Abbates Priores Comites Barones Milites libere tenentes omnes de Regno nostro dederunt nobis quintam decimam partem omnium bonorum suorum mobilium Testibus praenominatis multis aliis Dat. per manus venerabilis patris Domini Dunâ—â—lmensis Episcopi Cancellarii nostri apud Sa 〈…〉 um Paulum London sexto die Novembris Anno Regni nostri secundo Which is confirmed by the close Roll of this year thus Rex Vic. Ebor c. Salutem Mittimus libi Chartas de Libertatibus concessis omnibus de Regno nostro tam de Foresta quam aliis mandantes quatenus eas legi facias publicâ— in pluro Comitatu tuo convocatis Baronibus Militibus om nibus libere tenentibus ejusdem Comitatus qui ibidem jurent fidelitatem vestram in diligenter attendens singula puncta Chartarum ea per omnia facias jurarâ— observari c. Daâ— 22. die Februarii Anno Dom. 1225. 9 H. 3. That King summoned a general or Common Council of the Kingdom at 〈◊〉 presentibus Clero Populo cum Magnatibus Regionis solemnitate igitur ut 〈◊〉
adjornatur ulterius usque quindenam Sanctae Trinitatis eo statu c. ad quem diem venÌ„ datus est ei dies ulterius usque octabas Sancti Michaelis anno viz. decimo nono Regis hujus ea FINIS Spelm. Concil Tom. 1. p. 34. Erac Beltaunia viginti octo Civitatibus quondam nobiliâ—â—imis insignita praeter Casteila innumera quae 〈◊〉 ipsa muris turribus portis ac seris eraut instructa â—â—rmâ—â—simis 〈◊〉 Erâ—l Hâ—â—t 〈◊〉 〈◊〉 Câ—◠〈◊〉 Xiphilin è Dione Cassio p. 601. impress Basiliae Spâ—â—m Con 〈…〉 Toâ—â— 1. p. 126. Idem Tom. 1. pag. 219. â—ed Eccles. Histor. lib. 1. Antiquit. Britanniae p. 75. Parliamentum Synodus magna nuncupatur Somnâ—â—i 〈◊〉 Malmeâ—b lib. 3 p. 56. l. 24. 〈…〉 m. Gloss. 〈◊〉 Gemotum â—ol 261. Camd. Britan. in 8 o. impress 1586. fol. 63. Lambard de priseis Anglor Legibus Cap. 8. sol 139. Bracton 〈◊〉 134. Coke 12. Rep. sol 65. Plouden Commen sol 236 237. 〈◊〉 Conâ—ilia pag. 39. 397. Chron. â—oâ—annis Br 〈…〉 pton Col. 841. I 〈…〉 er Commu 〈…〉 de Term. S 〈…〉 ae 〈◊〉 〈◊〉 7 〈◊〉 2. p 〈…〉 R 〈…〉 Domini Thesaur in Sâ—â—â—caâ—io rema 〈…〉 Chaâ—â—a Regis 〈◊〉 will Malmâ—b de Gestis Reg. Anglor l. 2. pag. 4â— b. 〈◊〉 16. â—g 42. l. 21. Lib. 1. Mat. 〈◊〉 pag. 〈◊〉 〈…〉 A 〈…〉 Lamberdum S 〈…〉 Review of his History of Tythes Sir â—ohâ— Da 〈…〉 Reports in his C 〈…〉 of 〈◊〉 〈◊〉 4â— Camd. Britan. Spelmans Glossary verbo Drenches pag. 184. Shaâ—d in Caâ— in â—tin Temp. E. 3. fol. 143. b. Johannes Shardelowe unus Justiâ— de Banco Rot. Pat. 16 E. 3. Parâ— 1. m. 2. In ore gladii saith he Regnum adeptus sum Anglorum devicto Haraldo Rege cum suis complicibus qui mihi regnum cum providentia Dei destinatum beneficio concessionis Domini cognati mei gloriosi Regis Edwardi concesaâ—â— conati sunt aâ—sâ—rre c. Chart. 〈◊〉 in inspex Part. 7. 1â— E. 4. membr 26 MS. penes meipsum 〈…〉 〈…〉 〈…〉 Mainâ—â—â—sh de Gest. Pontif. pag. 154. b. 〈◊〉 Concil Tom. 2. pag. 3â—1 342. 〈◊〉 Pi 〈…〉 is 〈◊〉 saith Pag. â—â—8 nulli Gallo datum quod Anglo cuiquam injustè sterit ablatum Sâ—ldeni ad Eadmâ—rum Spiceleg pag. 190. Net 〈◊〉 〈◊〉 〈◊〉 Conquest 〈◊〉 pag. â—â—5 257. 〈…〉 Sâ—â—â—â—ns Titles of Honor pag. 580. â—em pag 523. Mat. 〈◊〉 in â—â—ta Sanct◠〈◊〉 Abbat 〈…〉 pag. 48. Mat. Pare in vita 〈◊〉 Abbat 〈…〉 〈◊〉 l. 3â— Hoviden pars prior pag. 260. Mat. Paris in â—â—â—a S. Aâ—bani Abbatum pag. 48. * Naturalium Mirror of justices Chap. 1. pag. 9. De Eventibus Anglia Lib. 5. sol 2681. Col. 1 2. â—eâ—â—aâ— Dorob Act. Pont. Cantuar p. 1653. 〈◊〉 5. Relat. 〈◊〉 primi ad 〈◊〉 tractat de 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 194. 〈◊〉 Tiâ— of Honor pag. 58â— Ex Carâ—â—lario Coenobii 〈◊〉 in Bibliotheca Câ—tton sub Eâ—â—igie 〈◊〉 A. 3. Provincia 〈◊〉 Co 〈…〉 〈◊〉 Tiâ— of Honor pag. 2â—◠〈◊〉 Gloâ—â— Tiâ— Provincia pag. 4â—â— Parliaâ—â—ntum Synodus 〈◊〉 â—gn◠〈◊〉 S 〈…〉 〈◊〉 〈◊〉 3. fol. 60. Eadmâ—◠〈◊〉 vita 〈◊〉 2. sol 13. l. 5. An. Dom. 1187. 〈…〉 Hoveden pars prior pag. 264. Lin. 40. b. * 〈…〉 ruined 〈◊〉 〈◊〉 1. Rot. Parl. 1 〈◊〉 4. Art 1â— Pultons Stat. 20 E. 3. sol 137. King James's first Speech to his first Parlialiament in England Pulton Stat. 1 Jacobi cap. 2. sol 1157. King Charies the First 's Declaration to all his loving Subjects published with the advice of his Privy Council Exact Collectious of Declaraâ—ons pag. 28 29. Mat. Par. A. D. 11â—0 pag. 55. l. 20. In 〈…〉 itio ne qui Magnates viz. Comes Baro Miles seu aliqua alâ— notabiâ—â—s persona transeat ad partes transmarinas Roâ— Câ—aus 3 E. 2. m. 1â— dorâ—o Sie igitur istâ— modo Williâ—â—â—o â—ortuo 〈…〉 rtas frater 〈◊〉 in 〈◊〉 contra inimicos fibi infestos in guerra sua occupatus est in codem tempore iâ—te Ro 〈…〉 s semper contrarius adeo innaturalis extiterat Baroni bus Regâ—â— Arglie quod plenario consensu consilio totius Communi 〈…〉 s Râ—gâ—â— imposuerunt ei illegitimitatem quod non fuerat procreatus de legitimo Thâ—râ— willielmi Conquestoris unde unanimi assensu suo ipsum recutarunt pro Rege omnino recusaverunt Hâ—nricum fratren in Regem 〈◊〉 Henr. de Knighton Coll. 2374. Cap. 8. l. 14. LL. Guliâ—â—â—ni primi Lamb. sol 175 176. Hac etiam Carta habeatur apud Mat. Paâ—is An. Dom. 1118 and 1213. Carta moderaâ—ioni â—â—odi magni siâ—â—lli Anno 〈◊〉 â—ahannis Ex veteâ—â— Registro in Archivis Cantuar. Archiepiscopi Rot. Pat. 〈◊〉 H. 3. m. 12. Cake 2. Instir. sol 79. Rastals Stat. 1 E. 3. LL. G 〈…〉 ni primi Lâ—â—â— sol 175 176. Camd. Britanin 8. De ordin Angli e sol 61. Wâ—â—â— Malmesb. Histor. Novel lib. 1. pag. 101. l. 15. b. Hoveden pars posterior pag. 282. l. 13. MS. vita Thoâ—e Archiepiscopi Cant. in Bibl. Cotton Sâ—lâ—eâ—s Titles of Honor fol. 585. Carta moderationis seodi magni sigilli Mat. Westâ—â— pag. 397. l. 57. Rot. Pat. 50 H. 3. m. 3. dorso Rastalls Stat. pag. 12. Mat. Wâ—â—â—m sol 393. l. 1. Dâ— Hâ—ylins stumbling Block pag. 189. Rot Parl. 40 E. 3. n. 78. Mat. 〈◊〉 An. 1245. p. 191 197. Malmisb lib. 〈◊〉 pag. 56. Oratio Regis Henrici ad Anglos Mat. Paris in vita H. 1. pag. 62 63. Inhibitio nèqui Magnates viz. Comes Baro Miles seualiqua alia Notabilis persona transeat ad partes transmarinas Rot. Claus. 3 E. 2. m. 16. dorso Rot. Parl. 8 E. 2. n. 233. Pro Burgenses de Sanâ—â—o A 〈…〉 Who sent Burgesles to Parliament 28 E. 1. 35 E. 1. 1 〈◊〉 2. 2 E. 2. 5 E. 2. P 〈…〉 's 4. part of Parliamentary Wriâ—s pag. 〈◊〉 Those Rolls lost or destoyed The Statute of Articuli Cleri made the next year after this Record cells us that there were divirsa Parliamenta temporibus Progenitorum suorâ—â— Regum Angâ—â—â— Coke 2. Instit. 〈◊〉 618. Respons est per Concilium Nota Rolls of Summons to Parliament were extant this very Parliament Rot. Claus. 8 E. 2. m. 25. Selden's Titles of Honor fol. 604 605. It appears by the Patent Roll of 26 E. 3. that there were Parliamenta and Summons to Parliament temporibus Progenitorum ante annum 49 H. 3. Rot. Pat. 26 E. 3. Pars 1. m. 23. Rot. Pat. 15 Joh. Pars 2. m. 2. In the antient Subsidy Rolls we often meet with the Tenants in antient Demesne in Parliament and giving Subsidies and it is the opinion of my Lord Hobart sol 48. that by continuance of time they were discontinued and it may be one reason thereof was that it was an ease granted them by the King in favour of their labour of the Earth Vide Rot. de 20. 15 Ed. 2. apud Northampton An. Regni sui primo à Laicis concessis Rot. de 15. Burgorum Regi