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A34708 The antiquity and dignity of parliaments written by Sir Robert Cotton. Cotton, Robert, Sir, 1571-1631. 1680 (1680) Wing C6482; ESTC R14588 12,856 16

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THE ANTIQUITY AND DIGNITY OF PARLIAMENTS Written by Sir ROBERT COTTON LONDON Printed for Norman Nelson at Grays-Inne-Gate in Holbourn Anno Domini 1680. 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 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 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 He moulded their Customs to the manner of his own Countrey and forbare to grant the Laws of holy Edward so often called for 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 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 at the Consent of the Lords who held in all their Seigniories such Right of Regality that to their Vassals as Paris saith 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 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 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 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 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 pro pace 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 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 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 for the suppressing I luellin Prince of Wales and hearing that the French King intended to some pieces of his Inheritance in France summoned a Parliament 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 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 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 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 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 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 the Bishops and Proctors of the Clergy would not be present as forbidden by the Commons such Counsels The Peers and Commons consult applauding the Religious and Princely forwardness of their Soveraign to this hard Enterprize but humbly advise forbearance this year for urgent Reasons The same year though another Sessions the King demanding the Advice of his People whether he should pass into France to an Enterview as was desired for the expediting the Treaty of Marriage The Prelates by themselves and the Earls and Barons by themselves and the
and happy Undertaker consulteth with the Parliament in his first year how to cherish his Allies and restrain his Enemies For this there was a select Committee of the Commons appointed to confer with the Lords the matter being entred into scedule touching Ireland Wales Scotland Calis Guyen shipping Guard of the Seas and warry provision to repulse the Enemy In the 2d he openeth to the Parliament his Title to France a Quarrel he would present to death if they allowed and aided death in this Assembly enacted to all that either break the Truce or the King 's safe Conduct The year following Peace being offered by the French King and the King of the Romans armed to effect the work the King refused any conclusion until he had had thereunto the Advice and Assent of his Lords and Commons for which occasion the Chancellor declareth it to that Assembly In the 4th and 5th year no Peace concluded with France he calleth the State together to consult about the War concluding a Treaty of Amity with Sigismond King of the Romans by the allowance of the three Estates and entreth Articles in the Journal Roll. The same year by the Duke of Bedford in the King's absence a Parliament was called to the former purpose as appeareth by the Summons though in the Roll omitted The like in the 7th year The Treaty with France is by the Prelate Nobles and Commons of the Kingdom perused and ratified in the 10th of this King This Son more holy than happy succeeded advised in the 2d year with the Lords and Commons for the well keeping of the Peace with France consulteth with them about the delivery of the Scottish King and the conclusion of it is confirmed by common Assent And in the third year they are called to advise and consent to a new Article in the League with Scotland for Charge of Hostages And in the ninth year conclude by name of certain persons to Treat a Peace with the Dauphin of France The Treaty of Arras whether the Pope had sent as Mediators two Cardinals not succeeding the King in Parliament in anno 1640. sheweth that he must either loose his Title and Kingdom of France or else defend it by Force the best means for prevention whereof he willeth them to advise him He Summoneth again the next year the Council how the Realm might be best Defended and the Sea kept Safe against the Enemies In the 20th the Commons exhibit a Bill for Guard of the Sea a certain number of Ships Assess wages and dispose of Prizes if any Fortune to which the King accordeth And that the Gronowayes may be declared Enemies for Assisting the Turk in the Spoil of the Rhodes Knights and that the Priviledge of the Prince and Hance Towns may be suspended till Composition be made to the English for wronger they have done them To which in part the King accordeth The King by the Chancellor declareth in Parliament that the Marriage with Margaret the King of Sicily's Daughter was Contracted for enducing the Peace made with the French to which the Lords not by their advice effected make Protestation enter it upon the Roll. The King intending to pass in person into France then to Treat of Peace with the King advises with his Lords and Commons in Parliament and Letters of Mart are granted against the Britains for Spoils done to the English Merchants The Lord Hastings and the Abbot of Glocester declared in Parliament the Preparation of the French the Breach by them of the Peace the weak defence of Normandy and expiration shortly of the Truce requiring speedy advice and remedy It was enjoyned the Parliament to provide for the defence of the Sea and Land against the French It was commanded by the King to the States assembled to advise for the well ordering of his House payment of his Souldiers at Calice Guard of the Seas Raising of the Siege at Berwick made by the Scots against the Truce disposing of the 13000 Souldiers Arayed the last Parliament According of differences amongst the Lords restraining Transportation of Gold and Silver and acquiting the Disorders in Wales of all which Committees are appointed to frame Bills Edward the 4th by the Chancellor declareth to the Lords and Commons that having Peace with the Scots entred League with Spain and Denmark Contracted with Burgundy and Brittain for their Aid in Recovery of his Right in France he had now Assembled them to give their Advise and Counsel therein proceeding with a Charge in a second Session again pressed them The like was at another Parliament After this time the Journalls of Parliaments have been either not well preserved or not carefully Entred For I can find of this nature no Record until the first of Hen. the 7th wherein the Commons by Thomas Lovel their Speaker Petitioned the King to take to Wife Elizabeth the Daughter of Edward the 4th to which at their request agreeth The next is the third of Henry the 8th in which from the King the Chancellor delivereth to the three Estates the Cause of their Assembly The first to advise a course for resisting the Invasion of the Scots Next how to acquit the Quarrel between the King and the Castiles and the Duke of Guilders Lastly for resisting the Pope against Lewis of France whose Bull expressing the Injuries done to the See Apostolique was read by the Master of the Rolls in open Parliament The Chancellor Treasurer and other Lords sent down unto the Commons to confer thereof The last in the 32. where the Chancellor remembring the many Troubles the State had undergone in doubtful Titles of Succession declareth that the Convocation had judged void the Marriage with Anne of Cleve yet the King would not proceed without the Counsel of the three Estates The two Archbishops are sent to the Commons with the Sentence Sealed which being read and there discussed they pass a Bill against the Marriage In all these passages of publick Councel wherein I have been much assisted by the painful Labours of Mr. Elsing Clerk of the Parliament I still observe that the Soveraign Lord either in best Advice or most Necessities would entertain the Commons with the weightiest Causes either Forraign or Domestick to adapt and bind them so to readiness of Charge and they as warily avoiding to shun Expence Their Modest answers may be a Rule for ignorant liberty to form their duties and humbly to entertain such weighty Counsels at their Soveraigns pleasure and not out of the wild sin of any Factious Spirits I will only add one Forraign Example to shew what use hath been formerly made of pretended Marriages and of Parliaments to dissolve them their first ends served Maximilian the Emperor and Ferdinand of Spain the one to secure his Possessions in Italy the other to secure the Kingdom of Navar To both which the French King stood in