Knights of the Shires by themselves consult apart for so is the Records and in the end resolved that to prevent some dangers likely to arise from the North that would please the King to forbear his Journey and to draw towards those Parts where the perils were feared his presence being the best prevention which Advice he followed In the following Parliament at York the King sheweth how by their former Advice he had drawn himself towards the North Parts and now again he had assembled them to advise further for his Proceedings To which the Lords and Commons having consulted apart pray further time to resolve until a full Assembly of the State To which the King granting adjourneth that Sessions At their next Meeting they are charged upon their Allegiance and Faith to give the King their best Advice The Peers and Commons consulting apart delivered their Opinions and so that Parliament ended In the 13th year the Grandees and Commons are called to consult and advise how the domestick Quiet may be preserved the Marches of Scotland defended and the Sea scowred from Enemies The Peers and Commons having apart consulted the Commons desire not to be charged to Counsel in things des queux ils neut pas Cognisaux answer that the Guardians of the Shire assisted by the Knights may effect the first if Pardons of Felony be not granted the care of the Marches they humbly leave to the King and Counsel and for the safeguard of the Seas they wish that the Cinque-ports and Maritime Towns discharged for the most part from many Burthens of Inland Parts may have that left to their Charge and Care and that such as have Lands near the Sea-Coasts be commanded to reside in those Possessions The Parliament is the same year re-assembled to advise De expeditione Guerre in partibus transmarinis At this Assembly Ordinances are made for provision of Ships arraying of Men for the Marches and defence of the Isle of Jersey naming such in the Record as they conceived for the Imployments The next year De la Poole accounteth the Expences of the War a new Aid is granted and by several Committees in which divers were named that were not Peers of Parliament the safeguard of the Seas and defence of the Borders are consulted of In the 15th year Assensu Prelatorum Procerum aliorum de Consilio the King's Passage into France is resolved of In Anno 17. Badlesmore in the place of the Chancellor declareth to the Peers and Commons That whereas by their Assents the King had undertaken the Wars with France and that by the Mediation of the Pope a Truce was offered which then their Soveraign forbare to entertain without their well Allowance The Lords apart consult and also the Commons returning by Sir William Trussel in answer to their Advice and Desire to compose the Quarrel approve the Truce and the Pope's Mediation The Pope's Undertaking proving fruitless and delays to the French advantage who in the mean space with Scotland and others practised to root out the English Nation in France the King again assembled his Parliament the year following In which the Peers and Commons after many days of Deliberation resolve to end that either by Battel or Peace and no more to trust to the Mediation of his Holiness In the 12th the Chief Justice Thorpe declaring to the Peers and Commons that the French Wars began by their Advice First The Truce after by their Assents accepted and now ended the King's Pleasure was to have their Counsels in these Prosecutions The Commons being commanded Y ils se devoirent ensemble si ils assent le devoirent nostre au Roy all Grandees de son Counsel who after four days consulting humbly desire of the King that he would be advised herein by his Lords and others of more Experience than themselves in such Affairs To advise the King the best for his French Imployments a Parliament was summoned Anno 25. wherein the King by a more publick Dispatch willeth the Commons to elect twenty four or thirty of their House to consult with the Lords these to relate to their Fellows and the Conclusion in general by the Lords to the King In the 27th a great Counsel is assembled many of the Lay-Peers few of the Clergy and of the Knights of the Shires and Burgesses but one a piece This was for the prosecution of the French Wars when honourable following A Truce being offered the King forbare his Peers and Commons which they in Parliament accorded unto before the Pope's Notary by publick Instinct The dallying of the French King in conclusion of Peace and the falling off of the Duke of Britain having wrought his End with France by reputation of the English Succour is the year following declared in Parliament and their Advice and Aid required for the King's Proceedings In the 36th year he Calleth his Parliament to consult whether War or Peace by David King of Scots then offered should be accepted In the 40th year the Pope demanding the Tribute of King John the Parliament assembled when after Consultation apart The Prelates Lords and Commons advise the denial although it be by dint of Sword In the 43d the King declared to the Peers and Commons that the French against the Articles of the Truce refused payment of the Moneys and delivery of the Towns summoning La Brett and others of the King's Subjects in Gascoin to make at Paris their Appeals and had forraged his Countrey of Poitgers requiring in their breach whether he might not regain hit style of France The Lords and Commons had apart consulted they advised the King to both which he approving altered the Inscription and Figure of his style Two years after it was declared to the Peers and Commons that by their Advice he had again resumed the style and quarrel of France and therefore called their Advice for the defence of the Realm against the French securing of the Seas and pursuing of the Wars of which they consult and resolve to give the King an Aid The like Councel and Supply was the very next following In the 50. a Parliament to the purpose of the former two was Summoned and the year following the King in Parliament declaring how the French had Combined under hand against him with Spain and Scotland required their advice how Peace at home Territories abroad Security of the Seas and Charge of the War might be maintained I have the longer insisted in observing the Carriage of those Times so good and so glorious after Ages having not left the Journal Entries of Parliament so full which with a lighter hand I will pass through Richard the 2d his Grand-child succeeded to the Crown and Troubles having nothing worthy his great Fortunes but his Birth The first of his raign he pursued the steps of his Wise Grand-father advising with his Peers and Commons how best to resist his
Enemies that had lately wronged many of his Subjects on the Sea Coasts In the second year he again Consulted with his people how to withstand the Scots who then had Combined with the French to break the Truce In the third year calleth the advice of his Parliament how to maintain the Regality impaired by the Popes Provisions how to resist France Spain and Scotland that had raised Wars against him how to suppress his Rebells in Guzen and Ireland and to defend the Seas In the 4th year of his Raign he calleth the like at Windsor the year following in a great Councel the King having proposed a Voyage Royal into France now called his Parliament to determine further of that And that is worth observation that for the most part before any proposition of War or Peace were vented to the Commons A debate thereof proceedeth in the great Councel to shape that fitter for popular advice The quarrel with Spain continuing the Duke of Lancaster offereth a Voyage against them so the State will lend him Money after Consultation they grant an Aid but not to bind them to any continuance of War with Spain In the sixth the Parliament was called to Consult about the Defence of the Borders the Kings Possessions beyond the Seas Ireland and Gascoigne his Subjects in Portugal The Lords approve the Dukes intention for Portugal and the Commons advise that the Bishop of Norwich having the Croycery should Invade France The same year the State was re-assembled to consult whether the King should go in person to rescue Gaunt or to send his Army The Commons after two days debate crave a Conference with the Lords the effect is not entred in the Roll only they by Sir Thomas Fuckering their Speaker protest that Counsels of War did aptly belong to the King and his Lords Yet since the Commons were commanded to give their Advice they humbly wish a Voyage Royal by the King if not that the Bishop of Norwich might with the advantage of the Pope's Croycery be used in that service who accepted the Charge with ill success Here further the Commons pray that the King's Uncle should not be spared out of the Realm before some Peace was settled with the Scots and that the Lord Delaspar sent with Provisions of Peace from Spain might first be heard The Chancellor in the 7th year in the Name of the King willeth the Lords apart and so the Commons do consult whether Peace or War with Scotland or whether to resist or to assail the King's Adversaries of Spain France or Flanders Their Opinions are not entred in the Rolls an omission usually by the Clerk his neglect only their Petition is recorded that the Bishop of Norwich may account in Parliament the expence of the Money and be punished for his faults in the service he undertook both which are granted At the next Sessions the same year the Commons are willed to advise upon view of the Articles of Peace with the French whether War or such Amity should be accepted They modestly excuse themselves as too weak to counsel in so weighty Causes But charged again as they did tender the Honour and Right of the King they make this Answer Yils intrudont que astmis services terres y mesne lour leige anecoit ore per testarior in Guyen si serront tenus del Roy Francois per tril sernior la villa de Callis auter terres acquise conquise des Francois per les fore neue verroit la Commen y aniuse Aiust fait si autrement preroit been faire giving their Opinions rather for Peace than War Peace with France not succeeding the 8th year the Body of the State was called to advise whether the King in his own person or the sending of Forces against the French Spaniard Flanders and Scotland should proceed The King having assembled at Oxon his Great Counsel to advise whether he should pass the Seas or no with an Army Royal and they not daring to assent without a greater Counsel a Parliament the 10th year was called to have the Advice of the Commons as well as the Lords how the Realm should be governed in 〈◊〉 Soveraign's absence The Truce with France now near expired the Parliament was called in the 13th year to advise upon what Conditions it should be renewed otherwise how the Charge of War should be sustained At this Assembly and by consent of all the Duke of Lancaster is created Duke of Aquitain the Statutes of Provisions now passed the Commons are named partly in the Letter to the Pope The year succeeding a Parliament is called for that the King would have the Advice of his Lords and Commons for the War with Scotland and would not without their Counsel conclude a final Peace with France The like Assembly for the Causes was the year ensuing The Commons humbly desire the King to use a moderation in the Law of Provision so that the Statute upon their dislike may again be exempted and that to negotiate the Peace with France the Duke of Aquitain may rather than another be imployed To consult of the Treaty with France for Peace the King in the 17th year calleth a Parliament the Answer of the Lords is left un-enter'd in the Rolls The Commons upon their Faith and Allegiance charged advise that with good moderation provision may be made for Guyen an Apendage of the French Crown so it trench not to involve the other pieces of the English Conquest Their Answer is large modest and worthy to mark Now succeeded a Man that first studied a Popularity as needing all to support his Titles He in the 5th year calleth a Parliament to repress the malice of the Duke of Orleans and to advise for the Wars in Ireland and Scotland neither Counsels nor supplies are entred into Roll and to resist an Invasion intended by France and Britain he assembleth the State again The like was the two years following for France In this the Commons confer with the Lords for Guard of the Sea and make many Ordinances to which the King assented The Peace with the Merchants of Pruce and the Hanse-Towns is debated and a Proclamation published as they resolved by the Speaker The Commons complain of 96 pieces of Ordnance lost in Guyen the year before the need of the defence of the Borders and Guard of the Sea-Coasts to suppress the Rebellion in Wales and Disloyalty of the Earl of Northumberland They humbly desire that the Prince may be dispatched into those Parts with speed and that the Castle of the Key of three Realms might be left to the Care of the English not to Charles Navarr a stranger and to have a diligent Eye of the Scottish Prisoners In the 10th year a Parliament is called and the Commons commanded to give their Advice about the Truce of Scotland and preparation against the malice of the French His Son the wise
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