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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A34707 The antiquity and dignity of parliaments written by Sir Robert Cotton. Cotton, Robert, Sir, 1571-1631. 1679 (1679) Wing C6481; ESTC R3568 12,822 16

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THE ANTIQUITY AND DIGNITY OF PARLIAMENTS Written by Sir ROBERT COTTON LONDON Printed Anno Domini MDCLXXIX That the Kings of England have been pleased usually to Consult in the Great Council of Marriage Peace and War with their Peers and Commons in Parliament William the Conqueror TO search so high as the Norman Conquest that is necesary to lay down the Form and Government of those Times wherein State-Affairs were led in another Form of publick Councils For the People wrought under the Sword of the First William and his Followers to a subjected Vassallage and could not possess in such Assemblies the Right of their former Liberties Division and Power having mastered them and none of their own Nobility and Heads being left either of Credit or Fortunes Dooms-day Book What he retained not in Providence as the Demesnes of the Crown or reserved in Piety as the Maintenance of the Church he parted to those Strangers that sailed along with him in that Barque of his Adventure leaving the Natives for the most part as appeareth in his Survey in no better condition than Villainage Admerus Huntington He moulded their Customs to the manner of his own Countrey and forbare to grant the Laws of holy Edward so often called for Ex libro Feodaris in Scaccio To supply his occasions of Men Money and Provision he ordered that all those that enjoyed any fruit of his Conquest should hold their Lands proportionable by so many Knights Fees of the Crown admitted them to enfeoff their Followers with such parts as they pleased of their own Portions which to ease their Charge they did in his and his Sons times Hen. 4. Statut. by two Enfeoffments the one de Novo the other de Veteri This course provided him the body of the War the Money and Provision was by Head-age assessed on the common People Ex libro Rubro Scaccio at the Consent of the Lords who held in all their Seigniories such Right of Regality that to their Vassals as Paris saith Cronicom de Dnustable Quot Domini tot Tyranni and proved to the King so great a Curb and restraint of Power that nothing fell into the Care of his Majesty after Benedict Monard in vita Hen. 2. more than to retrench the Force of his Aristocoited that was in time like to strangle the Monarchy Though others foresaw the Mischiefs betimes yet none attempted the Remedy until King John whose over-hasty Undertaking brought in these Broyls of the Barons Wars There needed not before this Care to advise with the Commons in any publick Assembly when every Man in England by Tenure held himself to his great Lord's Will whose presence was ever regnized in those great Councils and in whose Assent his dependant Tenant's Consent was ever included Before this King's Time then Claus 6 an Dorso we seek in vain for any Commons Called they were ever Called for making of Laws but not to Consult touching War or Peace He first as may be gathered though darkly by the Records used their Counsels and Assents in the 6th year of his Reign Here is the first Summons in Record to the Peers or Barons Tractatur de magnis ardinis negotiis It was about a War of Defence against the French and at that time the Commons were admitted Parts 6. Ro. 2. in Dorso As this time that may fitly be gathered by this Ordinance Provisum est communi assensu Archiepiscoporum Commotium Barronium omnium fidelium nostrorum Angliae quod novem Milites per Angliam inveniend de communi Ro. And this was directed to all the Sheriffs in England the ancient use in publick Laws From this there is a break until 18 Hen. 3. where the next Summons extant is in a Plea-Roll of that year Claus 49. Hen. 3 in Dorso but the Ordinances are lost from thence the Record affords no light until the 49th of the same King where then the Summons to Bishops Lords Knights and Burgesses are much in manner though not in matter alike to the Use of our Times This Parliament was Called to advise with the King propace asseveranda firmanda they are the words and where Advice is required Consultation must be admitted To this King succeeds Edw. I. his Son a wise a just and a fortunate Prince Edw. I. In his Reign we have no light of any publick Counsel in this kind and so along to the 4th of his Grandchilds Reign but what we borrow in the Rolls of Summons wherein the Form stood various according to the occasions Ex Rot. Parl. in Archivis London until that grew constant in the form that 's now about the entring of Rich. II. the Journal Rolls being spoiled by the injury of Time or private Ends. The King in the 5th of his Reign Called a Parliament and therein advised with his Lords and Commons Claus 5. Edw. I. in Dorso for the suppressing Lluellin Prince of Wales and hearing that the French King intended to some pieces of his Inheritance in France summoned a Parliament Claus 7. Edw. I. m. 3. in Dorso ad tractandum ordinandum favendum cum Praelatis proceribus aliis Incolis Regni qualibet hujusmodi Periculis Excogitatis militiis sic abjurand inserting in the Writ that that was Lex justissima provida Circumspectione stabilita that that which omnes tangit ab omnibus approbetur Claus 34. Ed. I. in Dorso in the 34th of his Reign super ordinatione stabiliamento Regni Scotiae he made the like Convention His Son the II. Edw. pro solempnitate sponsialum Coronaronis Edw. 2. Claus 1.19 m. Claus 6.3 m. Claus 8.3 m. Claus 13. m 13. in Dorso consulted with his People in his first year in his 6th year super diversis negotiis Statum Regni expedtione Guerrem Scotiae specialiter tangentibus he assembled the State to advise the like he did in his 8th year The French King having invaded Gascoigne Claus 16. m. 27 in the 13th year of the Parliament was Called super ordinis negotiis statum Ducatus Gasconiae tangentibus and in the 16th to consult ad refraenandum Scotorum obstinantiam malitiam Before Edw. III. would resolve in his first year Edw. 3. Claus 1. whether Peace or War with the Scots King he summoned the Peers and Commons super praemissis tractare Consilium impendere The Chancellor Anno 5. declareth from the King the cause of that Assembly and that that was to consult and resolve whether the King should proceed with France Rot. Parl 5. for the recovery of his Seigniories by Alliance of Marriage or by War and whether to redress the Disobedience of the Irish he should go thither in person or no. The year following he re-assembled his Lords and Commons and requireth their Advice whether he should undertake the holy Expedition with the French King or no Parl. 6 Edw. 3. the