The antiquity and power of parliaments in England written by Mr. Justice Doddridge and several other learned antiquaries.

THE ANTIQUITY AND POWER OF Parliaments in ENGLAND.

Written by Mr. Juſtice Doddridge and ſeveral other Learned Antiquaries.

LONDON, Printed for William Leake, and John Leake, at the Crown in Fleetſtreet, between the two Temple-Gates, 1679.

The PREFACE. Courteous Reader,

I Here preſent thee with a few Sheets of the Diſcourſes of very grave, reverend and learned Men in their times, one of them being a moſt honoured relation of my own: they fell into my hands very lately upon the death of a worthy Friend; and upon peruſal I judged them fit for publick view; they are indeed Magnum in parvo; ſhort, but full of weighty matter, and treat of the Antiquity and juſt Power of our ancient and free Parliaments of England. Give me leave to diſcourſe a little of the honour and priviledges of this most high Court; a learned Lawyer of our own, ſaith of the Parliament, that it is a Court of very great honor and juſtice, whereof none ought to imagine any thing that is diſhonorable; and that the makers of Laws, that is, Parliament-men, do always intend juſtice and verity: ſuch was the high Opinion and eſteeme of this great and eminent Court in former times; and it hath been the Opinion of our Anceſtors, Exact Collection, pag. 655, 723, 724. that to a Parliament rightly conſtituted, there ought to be a lawful Summons, a free Election, a true Return, liberty of Admiſsion into the Houſe, and a quiet Seſsion there, with a juſt freedome of ſpeech and debate without fear or diſturbance; theſe they accounted as the Eſſentials of a Parliament: if there be an errour in any of theſe, it ſoon declines, and loſeth its true vigour and authority. As for priviledges of Parliament, they eſteemed them to be of that abſolute neceſsity, that if they were denyed or interrupted, it cannot act properly as a Parliament, no more then the Body without the Soul; Priviledge of Parliament being indeed the very forma quae dat eſſe, the Life and Soul of it. Sometimes this moſt honorable Court is called by Bracton, Co. lib. 8. f. 20. & lib. 9. in epiſt. f. 5. Communis reipublicae ſponſio; as in the entrance of his Book, where he writeth in this manner: Lex vigorem habet quicquid de conſilio & de conſenſu magnatum, & reipublicae communi ſponſione, authoritate Regis ſive principis precedente juſte fuerit definitum & approbatum: ſometimes he calleth it, Magna curia, as in the ſecond Chapter of his firſt Book, where thus of new caſes, whereof at this preſent there is no Law extant, be ſaith, Si autem talia nunquam evenerint & obſcurum & deficile ſit eorum judicium, tunc ponantur judicia in reſpectu uſque ad magnam curiam, ut ibi per conſilium curiae terminentur. In the Regiſter, in the form of all ſuch writs as are grounded upon Statutes, N. • . 55. d. 208. H. it is called, commune conſilium regni, as in the writs of waſt & ceſſavit.

It is ſaid to be likewiſe the moſt high Court the King hath. Henry Huntington ſeemeth to call it, Magnum placitum; for thus he writeth: Fuit in nativitate ſanctae Mariae magnum placitum apud Northampton, in quo congregatis omnibus principibus Angliae, deliberatum eſt quod filia ſua rediretur viro ſuo comiti Andegaviae. In the Books of Law there is no Original mention made of the firſt Ordinance or Erection of the Parliament;33 H. 6.18. 7 H. 7.16. a 19. H. 6.63. but the Laws of this Land eſteeme it as a thing moſt ancient, and do refer the Original thereof to time before any memory or certainty known; and hence is it that they ſay in 35 H. 6.26. a. that a cuſtome may have his Original by act of Parliament: of which ſaying enſueth, That for as much as cuſtomes are to have their Commencements time out of mind, ſo likewiſe Parliaments in this Land have been before any memory thereof extant when they firſt began.

The perſonal attendance of ſuch as are Members of the Parliament, is ſo neceſſary, that they ought not for any buſineſs be abſent; and no one may be well miſſed, becauſe he is a neceſſary Member; and for that reaſon,26 H 8.60. a. Pl. 19. Dyer. Trewinnards caſe. if one dye during the Parliament, another ſhall be choſen in his room, ſo that the whole number ought not to fail; whereof it enſueth, that the perſon of every ſuch Member ought to be priviledged of Arreſt at the ſuit of any private perſon during the time that he is imployed about the affairs of the Realm; and ſuch priviledge hath been always granted by the King to the Commons at the requeſt of the Speaker, the firſt day of the Parliament.

And as this priviledge is that they ſhall not be arreſted,38 H. 8.60. a. Pl. 19. Dyer. 2 E. 4.8. a. ſo likewiſe ſhall they which are already arreſted before the Parliament, have a writ of priviledge to the Sheriff, to ſet them at liberty; yea, although they are impriſoned upon an Execution; and the ſaid Execution ſhall be ſuſpended during the continuance of the Parliament, and then after they ſhall be taken again and impriſoned as before: and if the ſaid Sheriff do diſobey ſuch writ or meſſenger as a Serjeant at armes ſent for ſuch priſoner, he is in danger of perjury, and alſo of impriſonment of his body, and ranſome at the will of the King: and this was in ure in the Parliament holden 35 H. 8. againſt Rowland Hill and Stukely, Sheriffs of London, who were committed to the Tower for their contempt, for that they would not ſuffer to be at large George Ferrers, when the Serjeant at armes came for him: which Ferrers was impriſoned upon an Execution.

This priviledge is notified diverſly, ſometime by their publick Miniſter and Serjeant at arms, ſometimes by writ, where if the Parliament be clear that the priviledge lyeth, they ſend their writ of priviledge, for otherwiſe the writ ſhall be a Habeas corpus cum cauſa, which writ is often granted before the Juſtices be agreed whether the priviledge do lye in the caſe or no; and if they find it is not grantable in the caſe, then they remand the matter with a Procedendo.

In the Parliament holden the 28 Eliz. which began 27. one Mr. Martin a Burgeſſe of the houſe of Commons, was arreſted in London twenty days before the ſaid Seſsion began: whereupon theſe queſtions were there debated: 1. Whether he ſhould have the priviledge. 2. If ſo, then whether he ſhould be abſolutely freed of the arreſt; on after that Seſsion ended, whether he ſhould be under arrest gain. 3. Whether he that did arreſt him were puniſhable or not.

For the time, how long before the Parliament, and how long after, perſons attendant ſhould have their priviledges, it was thought by the whole houſe that it ſhould be referred to the diſcretion of the houſe: for to put certainty therein, would breed inconvenience; for ſaid Egerton Sollicitor, If a Burgeſſe coming to the Parliament, or in the Parliament time be arreſted, and by priviledge be diſcharged; after the Seſsion endeth, then he is again arreſted, and preſently cometh another Seſsion, then muſt he be diſcharged again; and ſo continue perhaps eight or ten years, and the debtor cannot come by his debt: what courſe ſhould be taken? for the debtors preſence is ſtill of Record in the ſaid houſe: and in the former caſe the ſaid Martin was diſcharged.

In the Parliament, Anno 27. Eliz. one Kerle was brought into the houſe of Commons for ſerving a Sub-poena out of the Starchamber upon a Burgeſſe; he was awarded to pay five Marks for his charges, and he abſolutely diſmiſſed.

Sir Robert Brandling made an aſſault in the North upon one Witherington of the houſe of Commons, in the Country before his coming to the Parliament: Sir Robert was ſent for up by the houſe, and committed to the Tower.

One Gardiner a Burgeſſe of the Parliament committed to the Fleet by my Lord Keeper, was delivered, putting in bond that he ſhould after the Parliament apper.

A Bargeſſe of Parliament a little before the end of the Parliament fell ſick,28 Eliz. and ſix weeks after the Parliament ended, when he was recovered, and to go into his Country, he was arreſted; and yet notwithſtanding he had his priviledge. Quaere.

That not onely the Burgeſſes and Knights ſhall have priviledge, but alſo their attendant Servants.28 Eliz. One Mr. Hall a Burgeſſe had his man in Execution for debt, and was delivered.

The ſaid liberty for Servants is mentioned in the Statute of 8 H. 6. chap. 1. where it is ordained,34 H. 6.26 a. that ſuch as ſhall be called to the Convocation by the Kings Writ, and their Servants and Familiars, ſhall for ever hereafter fully uſe and enjoy ſuch liberty, or defence, in coming, tarrying, and going, as the great Men and Commonalty of the Realm of England, called or to be called to the Kings Parliament. One Richard Chedder, Eſquire, which came to the Parliament with Sir Thomas Brook one of the Knights of the Parliament for Somerſet;8 H. 4.13.20. 9 H. 4.1. Parliament 5 H. 4. and the ſaid Thomas his menial Servant, was wounded and beaten by one John Savage; this being done in the Parliament time, he made a Fine and Ranſome to the Kings will.

Touching the choice, place and votes of Members of Parliament, I ſhall give you a brief account out of our Books of Law. Place is given to Knights in Parliaments, becauſe they do import the preſence of all the Freeholders of the ſeveral Shires for which they are choſen; and hereof ſee the Book in 2 R. 3.12. a. Ireland is not bound touching Land by the Statutes of England, Quia non hic habent milites in Parliamento. Farther by Martin the reaſon why ancient demeſne is not bound and made privy to divers Statutes, is, becauſe they are not contributary to the expences of Knights and Burgeſſes, 7 H. 6.35. Fitz. Juriſdict. 4.

And further by Nele it is plainly expreſſed, that the cauſe why Acts of Parliament are publick, is,21 E. 4.59. a. for that every Man hath his Attorney in Parliament; to wit, the Knights of the Shire for the Country, and the Burgeſſes for the Cities and Borroughs.

It ſeemes that in ancient time, there was but one Knight for a Shire: for the Statute of Staple made 27 E. 3. Staple 9. hath theſe words; Whereas good deliberation had with the Prelates, Dukes, Earles, Barons and great Men of the Counties, that is to ſay, of every County one for all the Counties, and of the Commons of Cities and Borroughs.

None ſhall be choſen Knights of the Parliament, unleſs they be reſiant within the Shire where they ſhall be choſen the day of the date of the writ of the Summons of the Parliament; and that the Knights and Eſquires,1 H. 5. cap. 1. and others which ſhall be chuſers of the Knights of the Shires, be alſo reſiant within the ſame Shires, in manner and form as is aforeſaid: and by the ſame Statute it is ordained and eſtabliſhed, that the Citizens and Burgeſſes of the Cities and Borroughts be choſen men, Citizens and Burgeſſes reſiant, abiding, and free in the ſame Cities and Boroughs, and none other in any wiſe.

The manner of Election of the Knights of the Parliament, is declared by Authority of Parliament as followeth, that is to ſay, at the next County to be holden after the delivery of the writ of the Parliament, proclamation ſhall be made in the full County of the day and the place of the Parliament; and that all they that be then preſent, as well Suitors duly ſummoned for the ſame cauſe, as others, ſhall attend to the Election of their Knights for the Parliament; and then in the full County they ſhall proceed to the Election freely and indifferently, notwithſtanding any Prayer or Commandment to the contrary: and after that they be choſen, the names of the Perſons ſo choſen, be they preſent or abſent,7 H. 4. cap. 15. ſhall be written in an Indenture under the ſeals of all them that did chuſe them, and tacked to the ſaid writ of the Parliament; which Indenture ſo ſealed and tacked, ſhall be holden for the Sheriffs return of the ſaid Writ, touching the Knights of the Shires, 7 H. 4. cap. 15. 7 H. 4. cap. 15. And the Election ſhall be in every County of the Realm of England by people dwelling and reſiant in the ſame Counties, whereof every one ſhall have free Land or Tenements to the value of forty ſhillings by the year at the leaſt, above all charges; and that they that ſhall be ſo choſen, ſhall be abiding and reſiant within the ſame Counties; and ſuch as have the greateſt number, of them that may expend forty ſhillings by the year and above, as aforeſaid, ſhall be returned by the Sheriff of every County, Knights for the Parliament, by Indentures ſealed betwixt the ſaid Sheriffs, and the ſaid Chuſers, ſo to be made; and every Sheriff of the Realm of England ſhall have power by the ſaid authority to examine upon the Evangeliſt every ſuch Chuſer how much he may expend by the year,8 H. 6. cap. 7. &c. Provided always, that he that may not expend forty ſhillings by the year, as aforeſaid, ſhall in no wiſe be Chuſer of the Knights for the Parliament,8 H. 6. cap. 7. 8 H 6. cap. 7.

Which Act of Parliament was afterwards expounded, that the Knights of all the Counties within the Realm of England, to be choſen to come to the Parliament hereafter to be holden, ſhall be choſen in every County by people dwelling and reſiant in the ſame, whereof every man ſhall have Freehold to the value of forty ſhillings by the year at the leaſt, above all charges, within the ſame County where any ſuch Chuſer will meddle with any ſuch Election, 10. H. 6. cap. 2.

Againſt the Parliament holden Anno 27. and 28 Eliz. a Writ iſſued to the Sheriff of Norfolk, 27 and 28 Eliz. for chuſing of Knights and Burgeſſes; they elected one Mr. Treſham and Mr. Fermour for the Knights: after iſſued out another Writ of Election out of the Chancery, and they elected the ſaid Mr. Treſham and Mr. Heyden: both writs were returned; and which of them ſhould be Knights, was the Queſtion: the matter was long debated, and at length reſolved, that the firſt Writ ſhould ſtand, and the laſt void.

Having ſhewed thus briefly of the Manner of Election, onely a Word more of the continuance of their Authority being thus choſen and returned, namely, that as long as the ſame Parliament continueth, they ſhall ſtill remain Knights of the Parliament; but being once diſſolved, their power is throughly determined: for in a new Parliament, the Knights of the former Parliament cannot ſit as Knights therein, except they be again to that end new elected, 4 E. 4.44. b. by Catesby. Wherefore it is by him ſaid there, That if a Parliament be ſummoned, and the Members of both Houſes appear,4 E. 4.44. b and ſit; during which their ſitting, if the Parliament diſſolve, by demiſe of the King, the new King ſhall make a new Election.

The ſecond day of the Parliament, Philip Courtney being returned for one of the Knights of Devon, came before the King in Parliament; and for that he was accuſed of ſundry haynous matters, prayed to be diſcharged until he were purged: the which the King granted, and on Munday after, at the requeſt of the Commons, the King reſtored him to his place and good name, for that he had ſubmitted himſelf to reaſonable arbitrement, 16 R. 2. n. 6.

I thought to have diſcourſed briefly touching the Fees of Knights and Burgeſſes of Parliament, and in what manner, and by what writ they are to be levyed, and what Lands are chargeable or to be diſcharged thereof; but I omit this, in regard the levying of thoſe wages hath been ſo long time out of uſe. Now I ſhall touch very lightly upon the manner of proceeding upon Bills in the Houſe of Commons, and upon the manner of Attaynder in Parliament, and the manner of proceeding upon writs of errour in Parliament. Cauſes in the Houſe of Commons are proceeded upon in two ſorts; the one, If any man whatſoever do feele or do know the Commonwealth to be grieved with any Enormity, and be deſirous for the Weale of his Country to have the ſame reformed, he may exhibit privately unto the Speaker a Bill made and framed in the manner of Law, with Preamble, purview and proviſo, containing the ſaid grief, and manner how he would have it redreſſed: which Bill the Speaker ſhall afterwards cauſe the Clerk of the Parliament openly to read in the ſame houſe, and after expound the ſame himſelf to the Houſe, and then upon the matter to fall to diſceptation and debating.

The other way is by motion made of the grievance, whereupon the Houſe may commit the matter to ſuch perſons as ſhall frame a Bill thereof; and ſo the matter likewiſe to come to debating: the reaſon of which ſpeech there by motion, is grounded on the Writ of Summons of the Parliament, and becauſe all men in the Houſe have not the skill aptly to frame a Bill.

But to propound any matter in the Houſe by way of Queſtion concerning their Opinions in any thing, it is not uſual, but utterly to be rejected. And therefore in the Parliament, 31 Eliz. one Mr. Damport offered unto the Houſe certain Queſtions to be conſidered of; which were then refuſed, and the Houſe reſolved upon the former orders.

In the Parliament holden 27 Eliz. when as a Bill concerning fraudulent gifts was daſhed and rejected becauſe of imperfections therein, nevertheleſs upon a motion made by Mr. Moriſh of the middle Temple, the Houſe conſidered of the matter a new, and committed it to have a new Bill drawn: which was done, and the ſame paſſed; and is the ſame Act now in print touching that matter.

In Parliament,15 E. 4.2. a. if the greater part of Knights and Burgeſſes aſſent to the making of an Act of Parliament, and the leſſer part will not agree to that Act; yet ſhall it be a good Act to dure in perpetuity: which greater number of voyces in the Higher Houſe may eaſily be known, in that they are ſeverally demanded, and the Clerk of the Houſe doth number them; but of the Houſe of Commons, otherwiſe it is,Pl. Com. Rice Thomas and Bulkly. 126. a. for there the aſſent is tryed by the ſounding of voyces, all at one time; and therefore if the aſſent there be iſſuable, the party that ſo pleadeth it, ſhall ſay it was agreed by the greater number generally.

But ere they do proceed to the Queſtion, it is asked them, if they will ſo do: then is it ſaid by the Speaker to this effect: Such as will affirm the Bill, ſay, I; and ſuch as will not, ſay, No: the one or other being known by the greatneſs of the ſound of the voice, the matter is held ſo determined: and this may be done upon the firſt reading of a Bill; for in the Parliament holden in 31 Eliz. there was an Act exhibited, that the iſſue in tayle might be charged in debt as heir; and upon the first reading was debated on both ſides, and at length rejected by like ſound of voyces. If the Bill be firſt exhibited in the Houſe of Commons, and there twice read,33 H. 6.17. b. 18. a. 7 H. 7.16. b. then is it engroſſed, and ſo read again the third time: & if after upon diſputation thereof they do proceed to the Queſtion, and ſo agree by the greater number of voyces to paſs as an Act, then is it indorſed in this manner, Soit bayle as Seigniors: which Bill if it alſo be agreed upon by the Lords, it is likewiſe indorſed, Les Seigniors ont aſſentus; and ſo waiteth it onely the aſſent of the Monarch to make it an Act of Parliament: but if the Lords will alter the ſame, that may be done in two ſorts, either by ſuch meanes as doth include and ſtand with the doings of the Commons, as if the Commons grant Poundage for four years, and the Lords do grant it but for two years, this Bill ſhall not be redelivered unto the Commons, for that it ſtandeth with their grant; but if the agreement of the Lords do not ſtand with the agreement of the Commons, then it is ſent againe to the Commons to be reviewed, and again to be debated, 33 H. 6.17. b.

Attainder by Parliament.Concerning Attaynder by Parliament, the party which is to be attainted by Parliament ought firſt to be be indicted in ſome other Court, having Juriſdiction to receive the ſame; which enditement ought to be ſent into the higher Houſe of Parliament, by vertue of a Certiorari; upon which inditement the party ſhall be called to anſwer before the Lord Stewards of England, and other the Barons: but becauſe the Archbiſhops and Biſhops, being the Lords Spiritual, cannot aſſent unto the death of any perſon, therefore they ſhall by their Proxie, make their Procurator, and depart the Houſe: the party indited ſhall be put to plead to the inditement; whereunto if he plead Not guilty, he ſhall be thereof tried by his Peers: and firſt the moſt puiſne Baron, ſhall be examined of his verdict by the Lord Steward, and ſo in order until all they, man by man, have delivered their Opinion of the matter, either in convicting the perſon ſtanding accuſed before them, or by clearing and acquitting him of the crime; if by their verdicts he be thought guilty of the offence, thereof is made an Act, which when it hath the conſent of the King, it is then eſteemed a Judgement, and the Offender thereby is attainted. Herein is to be noted, that this verdict of the Lords is not upon their Oaths, but upon their Honour; for perſons of ſo high degree ſhould have ſo great care for the preſervation of their Honour, as themſelves or any other have for the ſafe-Guard of their Souls: which is admitted in that, and in all other Attaynders per Pares, by the Peers, as well for that they are in that place not onely as Triers of the Fact, but alſo Judges appointed over the fault; and never was it uſed that Judges ſhould verifie their ſentence upon atteſtation thereof upon their Oaths. Secondly, in this manner of trial they muſt think that the bread which is broken unto others by them, may by the just Judgement of God in like meaſure be broken unto themſelves, in that he whom they cenſure was in equal degree unto themſelves. Thirdly, alſo for that where the Law requireth at the hands of other perſons an Oath, it ordaineth that Barons ſhould regard their Honors.

Secondly, it is to be noted, that the party ſo arraigned in Parliament, ought to be called to anſwer for himſelf: for the Law of England is not ſo unreaſonable to condemn any that will defend himſelf; and it hath heretofore been noted as an error in the judgement of the Parliament,21 E. 3.46. b. when they have given a judgment in the cauſe of any private perſon, he being not called thereunto; and that in a civil matter of much leſs moment then is the cauſe of life and death: wherefore if the party may be had, and do not willingly and wilfully abſent himſelf, he is thereunto called to anſwer; and therefore the Parliament in 37 and 38 H. 8. was freed of fault herein upon the Attainder of the Duke of Norfolk, he then being in the Tower, for that it was ſignified by the Lord Burghley, Lord Treaſurer, in the Starchamber, when as Philip the last Earle of Arundel was called to anſwer in the Starchamber, to an undutiful Letter written by him to her Majeſty, that the ſaid Duke was ſent unto, and would not come to the Parliament: and the ſaid Lord Treaſurer affirmed that he then being of the lower Houſe, was ſent thither with others: ſee for this, 1 Mar. Dyer, 93. p. 24.

The Lord high Steward giveth the Judgement upon Attaynder of treaſon,1 H. 4.1. a. 13 H. 8.12. a. as appeareth by the Judgment given in Parliament, 21 R. 2. n. 15, 16.

The Bills of Attaynder in Parliament, are intituled, Placita Coronae coram Domino Rege, in Parliamento ſuo.

Errours in Parliament reverſed.Now touching the manner how errors in the Kings Courts committed, are reverſed in Parliament, I ſhall be very brief.

Firſt, the parties that are grieved through any erronious judgment given againſt them,22 E. 3.3. a. 12 Aſſ. p. 22. 2 H. 7.19. ought to make their petition un-the King or Monarch, that it would pleaſe him to permit that erronious judgement as is given againſt them in ſuch Courts, from whence they cannot further appeal, may be in Parliament, reviewed and reverſed. This their Petition ought to contain the effect of their grief, and ought to be endorſed, Let right be done unto the parties; In this manner, Soit Droit fait as Parties.

Hereupon the Lord Chancellor of England ſhall make a Writ of error,1 H. 7.19. n. directed unto the Judges of ſuch Courts where the error was committed, and now to be reverſed by the Parliament; by vertue of which writ, the Lord chief Juſtice of England ſhall in perſon bring before the Lords in the higher Houſe, the ſaid Petition, the ſaid Writ of error, and the Rolls wherein is contained the judgment and proces wherein error is ſuppoſed, H. 7.19. 2 E. 3.3. and ſhall there leave the ſame petition, writ, and the tranſcript of the ſaid Record, but not the Record it ſelf, with the Clerk of the Parliament, for that the Record it ſelf ſhall be brought back again into the ſaid Court, for theſe Reaſons: 8 H. 5. f. Errour 88. 23 Eliz Dy. 375. First, becauſe theſe Rolls do concern other matter. Secondly, becauſe if judgment ſhould be there affirmed, then the inferiour Court may have Record whereupon to a ward Execution. And laſtly, for that it is a Rule, that when a Record is ſent from an inferior Court to a higher Court, it is never remanded; ſo that if the former judgement ſhould be affirmed in the Parliament, and the Parliament after diſſolved, the party plaintiff ſhould be without remedy; wherefore the record is brought back again, as aforeſaid.1 H. 7.20. And thus the ſaid Petition indorſed, the Writ of Errour and the Tranſcript remaining in the hands of the Clerk of the Parliament, the matter ſhall be ſignified unto the Lord Steward, by whom, together with the other Lords Spiritual and Temporal,22 E. 3.3. a. and with the Iudges, the ſame ſhall be determined; or otherwiſe the King may appoint out a Commiſsion, and thereby aſsigne certain Earles and Barons, who together with the Iudges ſhall determine the ſame; but the Commons ſhall not intermeddle therewith: moreover, after that the Tranſcript is examined with the Record, and that the Record is ſent back to the former Court, the party plaintiff ought to aſsigne his Error in writing; and thereupon ſhall have a Scire facias againſt the defendant, ad audiendum errores; which writ ſhall be returned the next Parliament enſuing, for that the common day of a Scire facias is forty days; but becauſe it is uncertain whether the Parliament ſhall be diſſolved or no, before that time, therefore the ſaid writ ſhall be returned the next Parliament; 8 H 5. f. tit. Error 88. but if the writ be ſued forth at a Seſsion, of Parliament, the ſame ſhall be returned the next Seſsion after the ſaid errors aſsigned; and the Scire facias purſued, the plaintiff ſhall not enter into Recogniſance to ſatisfie the judgment,1 H. 7.20. if it ſhall happen to be given againſt him, or to render his body to priſon, in ſuch manner as is done in a writ of error in the upper Bench ſued upon an erronious judgment given in the Common place; but he ſhall ſtill remain in priſon: for if the party plaintiff ſhould be at large upon ſuch recogniſance acknowledged in Parliament, then if the Parliament be diſſolved, the party is at large, and the other without remedy.

If the King upon ſuch Petition do appoint Commiſsioners for the determining of the Errors, and upon the Scire facias the parties do appear,22 E. 3.3. if the Parliament be diſſolved before the cauſe determined, the Commiſsioners after the Parliament is ended cannot proceed to the determination of the matter, or do any thing therein: but they muſt expect a new Seſsion of Parliament.

If judgment be given in Parliament, and that alſo happen to be erronious, there is no Court that can redreſs this Error, but the Parliament it ſelf; for as much as it is the higheſt Court of the land: and there is no higher Court in which he may have remedy, 7 H. 6.29 a.

As touching the Courts, whoſe judgments are to be rereverſed in Parliament: Firſt, it is to be noted, That all erronious judgments given in the Kings Bench touching matter and ſubſtance of Law or matter in fact, were by the courſe of the common Law to be reverſed in Parliament, 7 H. 6.28. becauſe it was before the King himſelf; and therefore it was ordained by ſeveral Statutes made to avoid delay of ſuits,36 E. 3. cap. 10. 50 E. 3. 1 R. 2. 2 R. 2. that once every year a Parliament ſhould be holden. But now by a Statute made in the twenty ſeveth year of Queen Elizabeth, it is ordained in the eighth Chapter, that all erronious judgments in matters in Law, ſhall be conſidered and reverſed by the Iuſtices of the Common Place,27 Eliz cap. 8. and the Barons of the Exchequer, or by ſix of them: but if the error in the Kings Bench be in matter of Proceſs, or proceeding,7 H. 6.28. 2 R. 3.22. 27 H. 8.16. 3 Eliz. Dyer, 19 b. p. 93 the ſame might alwayes have been reverſed in the ſaid Court of the Kings Bench, although if judgment be there given upon a plea, which is before diſcontinued, the ſame cannot be reverſed but by Parliament.

In all caſes in the Chancery, wherein the Lord Chancellor is to adjudge according to the common Law,16 E. 3. fitz tit. brief. 651. Com. 393. 18 E. 3.25. 17 Aſſ. p. 24. 42 Aſſ. p. 22. 27 H. 8.16. b. as in the repeal of Patents, actions againſt priviledged perſons, Audita Querela upon Statutes, &c. There if erronious judgments be given, the ſame is to be reverſed in the Kings Bench, 14 Eliz. Dyer, 315. P. 100. although ſome opinions in other Books have been to the contrary, 37 H. 6.14. a. but in matter of conſcience, their decrees are reverſible by themſelves.

Thus have I briefly touched upon ſeveral things, which upon ſome other occaſion I ſhall inlarge. Touching ſuch matters as are proper for the Parliament, you ſhall ſee in an Excellent Book lately printed, being an exact Abridgement of the Records in the Tower of London, from the Reign of King Edward the ſecond, unto King Richard the third, of all the Parliaments holden in each Kings Reign, and the ſeveral Acts in every Parliament; Collected by the learned payns of Sir Robert Cotton, and reviſed and publiſhed by the unwearied labors of VVilliam Prynne of Lincolns-Inne, Eſquire: a Book worthy of the Study of all the learned Gentlemen of this Nation. I conclude with my humble prayer, that the all-wiſe God would grant to this Nation, a ſetled Government, and a quiet State, that our Engliſh Parliaments may recover and enjoy their ancient honour and luſtre.

John Doddridge. From my Chamber in the middle Temple, the third of Dec. 1657.

The ſeveral Opinions of ſundry Antiquaries, touching the Antiquity, Power, Order, State, Manner, Perſons, and proceedings of the high Court of Parliament in England.

THere is no king in the world, nor any ſubjects of any king, that have a greater and more binding, and yet a more free Council, then this in our Parliament in England: whoſe general Acts ſince all men muſt take knowledge of, it may be profitable to every man to underſtand the Dignity, Order, and Antiquity thereof.

Soveraignty, the higheſt degree of Honour, is imported in the very Summons: For the king himſelf (jure Regio) as a Flower of the Crown, hath the abſolute power of calling and diſſolving it.

Order it ſelf ſtands repreſented, when the Court is ſitting: ſuch is the Majeſtie of the Prince, the Gravity of the perſons, & their State in proceeding. But this being often ſeen, and ſo beſt known; and the other unknown to many that ſit, and often ſee the order of this Court: therefore we will treat principally of the Antiquity, Nature, Power and Juriſdiction of this high Court of Parliament.

And firſt, of the Appellation, the word Parliament. Some derive it from Peers, à potiore parte, quaſi parium Conventum, or as others ſay, quaſi parium lament': others more probably, from the French word parler; or that of the Greek, 〈 in non-Latin alphabet 〉 , to treat and confer freely. The French Hiſtories ſay, that this Name, in this ſenſe, began at the Aſſembly of the Peers of France, anno Dom. 1200. but it appeareth to be more ancient with us, then of that time: for Ingulphus, who died 1009. ſaith, In publico noſtro Parliamento, &c. taking it there for a Meeting or Chapter of the Abbot. Ingelo King of Polonia, in the Poliſh State, calleth the Aſſembly Generale Parliamentum. This may raiſe a doubt of the former etymologie of it from the French word parler. But no doubt the word was brought into the Realm by the French Monks, and after applied by the Statiſts, in the time of H. 1. to the General Council of the Kingdom.

But the like Aſſemblies as Parliaments are, (being much more ancient then the Parliament) underwent theſe names of old times. The Britains called them Kyfrithin, becauſe Laws were therein made by the Engliſh Saxons in their Engliſh Graduiſis, a Council ſometimes (Wittena Mota) a Meeting of wiſe men. Sometimes of the Greek word Synodos. The Latine Authors of that Age call it Conſilium Magnatum, Curiae altiſsima, praeſentia Regis, Prelatorum, Procerum que Collectorum; as appeareth by the Charter of Withlaſias, anno 833. and of King Edgar, anno 966.

And now to ſtep a Nomine ad Rem; before the time of Soveraignty, Natures law directed men to the love of Society, and care to preſerve it; and gained free conſent even of lawleſs men, to admit of certain Cuſtoms as Laws, from hence framing matter of Form for a Commonwealth. But new ſpringing miſchiefs ſtanding remedileſs by the elder Cuſtoms, cauſed, for remedy thereof, the calling of yearly Councils, the original no doubt of our after-Parliaments. And it ſhall appear, that our Kingdome, from as grounded Authority as any other Nation, can prove of old the practiſe of theſe great Aſſemblies, then called Counſels, now Parliaments. Thoſe Sages, the Druides, moſt proper to this Iſle, had yearly Conventions of their nobleſt and beſt people, in a middle conſecrated Plot of this Kingdome; puniſhing with proſcription from their Sacrifices, whoſo obeyed not thoſe general deſignes. Before the Romans arrived in this Iſland, Cauſibulan, who before, (Communi Conſilio) Chieftain of the Britaines forces, Summa enim imperii, Belli que Adminiſtrandi, Communi Conſilio, permiſſa est Cauſibulano. The Ancient Laws of the Britaines, which (to the honor of our common Laws) have their uſe to this day, were compoſed in their common Counſels: the multitude at that time, (as poſſeſſed of nothing) had neither voice, nor place; Uſury, Tribute, and greatneſs, having made them ſervile to their betters. And thus ſtood the State, till by conqueſt it was made a Province. So before our Britaines learned the Laws of their Victours, they held their common Counſels. Tacitus ſeemeth to aſcribe much to the proſperous proceedings of the Romans againſt the Britaines, quod non in Communi Conſuluerunt. After the entry of the Romans, who with their people brought their Laws, their Counſels were Comitia, as Parliaments compounded of the three degrees (Senatores, Equestres, & Plebei,) and termed either Curiata, Centuriata, or Tributa: ſo called, for that the people were divided per Curias: in which Aſſembly, Populus Suffragia tenebat, diſtinguiſhed by Seats, ſummoned by the Lictour, held in the City, had power to conſult of Peace and War, and to diſpoſe of leſſer publique Offices. Romulus was founder hereof, and called it lex Curiata, and Centuriata; for the nobler people were divided per Centurias: for this the Counſel fore-ſent by Edict, Quis Dies, Comitiis Centuriatis futurus est, ſummoned per Corniciem, Aſſembled in Campo Martio, becauſe all in Armes. In this were diſpoſed the greater Magiſtracies and affairs: of that Hoſtilius was the inſtitutor. Tully gloried, in that he was called lege Centuriata Tributa. For in this the people Aſſembled by their Tribunes; much ageeing with that of Curiata: And the leges peculiares were general, Juſſu populi, (regnante Magiſtratu) but not in force as Laws, until their Promulgation: for which cauſe the Country-Tribunes repaired to certain Faires, where Proclamation was made of their new Laws; and holding it aequum ut quiſquam non obligaretur ad id quod ſine culpa, ſua ignorat. But theſe freedoms of the people expited and vaniſhed, as the Empire grew obſolete: And when the State declined, we (as other enfranchiſed Countries,) began to give Laws unto our ſelves. Therefore the Britains told Auguſtine, Se non poſſe abſque ſuorum Conſenſu & licentia priſcis abdicare moribus. And thus it ſtood in Britaine until the coming in of the Saxons.

Now that ſubſtance, and forme of Parliamentary Aſſemblies went all along the Saxon age, held during the Incurſion of the Danes, and was continued by the Conquerour in part: and when the Aſſembly of the three Eſtates formed the Parliament (as now we keep it) it ſhall by clear proof and preſidents appear. The ſtory of the Saxons and their Laws do ſhew, that they were of the ſame minde tranſplanted hither, as Tacitus ſaith the Germanes were: Nec Regibus infinita poteſtas; de Minoribus Rebus principes conſultant, de majoribus omnes: Rex Edwinus, ſaith Beda, lib. 2. cap. 13. quod antequam fidem ſuſciperit dixit, ſecum amicis, principibus, & Conſiliariis ſuis collaturum.

In a Charter of king Etheldred, it appeareth, Hiſt Eſienſis, Lib. 2. quod ad ſynodale Conſilium apud Cirencheſter univerſi Optimates ſimul convenerunt, & Affricum Majeſtatem rerum, affectantem de hac patria profugum expulerunt. Bertulphius held a Councel at Knisbury (pro Regni Negotiis Congregat') to the which the weſt-Saxon King and people ſent their Legat. Ingulphus hath many places of clear proof; but I will move but one: In feſto nativitatis beatae Mariae, cum univerſi Magnates Regni, per Regium edictum ſummoniti tam Archiepiſcopi, Epiſcopi, Abbates, & Clerici, quam totius Regni Proceres, & Optimates London convenerunt, ad tractandum de negotiis publicis totius Regni conſummatis omnibus, Rex Eldredus, coram Univerſis, Domino Turketillo, Abbati, Monachiſque ſuis Accerſitis, dedit Monaſterium de Crowland, &c.

Here you may ſee the ſampler of our Parliament.

But to come nearer: when King Jua eſtabliſh'd his Lawes, he ſaith, I Jua, King of the Weſt-Saxons, have called all my Fatherhood, Aldermen, and my wiſeſt Commons, with the godly men of my Kingdom, to conſult of great and weighty Matters. Here is repreſented in King Jua, the Kings Royal perſon: The Fatherhood in thoſe ancient dayes, were thoſe whom we call Biſhops, and therefore were termed Reverend Fathers: By Aldermen, the Nobility is meant: ſo honorable was the word Alderman of old times, that onely Noble Men were called Aldermen. By the Wiſeſt Commons, is ſignified the Knights and Burgeſſes; and ſo is the Kings Writ at this day, De diſcretioribus, & majus ſufficientibus. By godly Men is meant the Convocation-houſe; for that it onely eonſiſteth of Religious men. To conſult of great and weighty Matters, ſo is the Kings Writ at this day, Pro quibuſdam arduis, & urgentibus negotiis, nos Statum & defenſionem Regni noſtri Angliae, & Eccleſiae Anglicanae Concernentibus. The like was in King Alphreds dayes, where the King, ſancta Epiſcopi, & ſapientes laici Statuerunt leges: Calling the Statute-books libri ſynodales: All their Lawes going by way of Suffrage general, according to the Right of our Parliament. Wherefore King Offa having gathered Conſilia ſapientum, and viewing the beſt Lawes of Jua, Alured, and Etheldred, would not publiſh them until ſuch time as the Text ſaith, oſtendenda haec omnibus ſapientibus nostris, & dixerunt omnes placet Custodire ea.

But howſoever the government was by ſundry Kings, and they continually attent to warre; The Saxon time held hardly one Forme of this great Aſſembly, or Councel; yet in Canutus his dayes, he having Conquered all, and reduced that Heptarchie into a Monarchie, ſo that he could ſay, Sub Uno Rege, & ſub Unae lege Univerſum Angliae Regnum regeretur; It is plain that he held a Parliament, though not then ſo ſtiled, yet truly ſo to be accompted: and ſince that it hath all parts of our Parliament, we might rightly call it ſo. In the Preamble to his Lawes, thus he ſaith, Convocato Itaque Communi procerum comitatu, & Epiſcoporum, Abbatum, & ceterorum Nobilium, Nec non, & ceterae Nobilitatis ſapientiaeque totius Angliae concilio ſatagebat communia decreta, ut in quantum humana ratio Voluit ſtabiliret. After this Pious King, Edward the Confeſſor in a Charter made to Weſtminſter Abbey, ſealed and ſigned the ſame at a Parliament; for thus he ſaith, Hanc Igitur Chartam Donationis, & libertatis in Dedicatione predictae Eccleſiae recitare juſsi Coram Epiſcopis, Abbatibus, Comitibus, & omnibus Optimatibus Angliae omnique populo audiente, & vidente.

But now to come to the Normans time after the Conqueſt; The two firſt Kings, the Conquerour and his ſon, William Rufus, reigned with their ſwords in their hands, abſolutely of themſelves, not admitting the former general Aſſemblies of the States, but permitting onely Provincial-Synods of the Clergy, for compounding of the Eccleſiaſtical cauſes; where nevertheleſs they ſate as Preſidents: and the Conquerour himſelf did not challenge to himſelf ſo abſolute a conqueſt; but the Laws that he made have this Title: Hic Intimatur, quod Gulielmus Rex, cum principibus ſuit Conſtitutam: And in giving Laws to this Nation, fecit ſummoniri per univerſos Conſultatus Angliae Anglos nobiles, & ſapientes ſua lege eruditos, ut eorum & jura, & Conſuetudines ab ipſis Archiepiſcopis & Epiſcopis audiret: And often doth he, and his Son William, call together Archiepiſcopos, Epiſcopos, Abbates, Comites, Barones, Vicecomites, cum ſuis Militibus ad Conſulendum: And likewiſe oftentimes afterwards until the time of Henry firſt, we find that there was Conventus Epiſcoporum, Abbatum, & Procerum Regni, Londini in Palatio Regis. VVherefore Polydore Virgil and Paladine are much deceived, if they thought that Henry the firſt held the firſt Parliament within this Realm.

Neither do they ſeem to be of that Opinion, their words being, that Regis ante tempora Henrici primi, non Conſue verunt populi conventum Conſultandi cauſa, niſi pro raro facere. Therefore they might hold ſome, though not ſo often as did their ſucceſſors: or agreeing with the Manuſcript of Canterbury, that the firſt Parliament wherein the Commons were called aſwel as the Peeres and Nobles, was 16 H. 1. For it is true, that after the Conqueſt, until this time, the Commons were not called; and ſo at this time, they will have it firſt called by the name of a Parliament. Indeed if the policy of the time be noted, that may yeeld ſome difference: The Conqueror, and his Son William, being ſtrangers, had no way to make permanent their victory, but by adding other Laws, and plucking up the old Roots of Families they found, and to plant them in themſelves, as in new grounds: So for that age it was their Wiſdome, to Rule, and not to adviſe with the people. But Henry the firſt, a new bud of the old ſtock, being a natural Engliſhman himſelf, born at Selly in Lincolnſhire; in love of the Engliſh Nation, by whom he ſought his ſtrength: The Normans at that time ſtanding at terms of revolt from him, in ſavour of his Brother Robert, Duke of Normandy, he well underſtanding the love of his people, called them to thoſe great Counſels; and ſetling the Authority of his Court of Parliament, ſo eſtabliſhed his Throne, that neither Britaine, Dane, nor Saxon, could ever after, till this day, diſturbe either him or his poſterity from the poſſeſſion of this Land: The making of his Laws were by Act of Parliament: The Marriage of his Daughter Mawde, and the entayling of the Crown to her, were done by Act of Parliament: The accord between Stephen and him, was made by Parliament; And conſequently all the ſucceeding Kings ſince, have ever concluded grandia Regni, onely in the Parliament. Yet all the times ſince, have not kept the ſaid Form of the Aſſembling of the three Eſtates: for ſometimes the Principal of the Nobility were onely called; and they at the end of the Parliament, were to impart to the other Barons, and their Country, what was done in the Parliament: Afterwards King John ordained that all the Barons of England ſhould come in their proper perſons to the Parliament, being Summoned: 20 Knights Fees, after 20 l. a Fee, going to the value of an entire County; 15 Knights Fees, making an entire Baron, by which they ſate: But King H. 3. after that he had ſmarted by the tumultuation of the Barons, their multitudes bringing confuſion; ordained that thoſe Earles and Barons onely to whom he directed his Writs ſhould come unto the Parliament, and none elſe: And this which Hen. 3. began, his ſon Edw. 1. the Founder of our civil eſtate, calling the Barons, and appointing the Knights and Burgeſſes to be elected, and of the Barons ſelected the wiſeſt and ſuch as pleaſed him, and did omit them and their children which did not equal them and their parents in wiſdom and vertue: ſo held it on until the time of Edward the Third; there being a Writ then in uſe de Admittendo fide dignas ad Colloquium. Some alſo at that time being called, as William Earl of Nottingham, to attend upon the King with one hundred and twenty men at armes; Lawrence de Haſtings, Earl of Pembrook, with fifty men at armes; and William Clinton, Earl of Huntington, with ſixty men at armes: and ſo divers others. The calling was with diſtinction: The Biſhops and Barons de Negotiis tractaturum, & Conſilium impenſuri; The Knights and Burgeſſes ad faciendum & Conſentiendum. Thoſe times had certain Ordinances beſides Eſtatutes; for whatſoever the Lords and Commons agreed upon, was preſently an Ordinance; and whatſoever the King gave his Royal Aſſent unto, it then became an Eſtatute: But if after the Parliament the King did Aſſent unto any Ordinance, it then became an Eſtatute: for the Kings anſwer is no more, but le Roy le veult, ou le Roy ſe aviſera: And before the Printing of Acts was uſed, they were always engroſſed, and ſealed with the great Seal of England, and proclaimed in every Shire: which uſe was continued from the time of H. 3. until H. 7. his days; and the form was thus: The King, by the advice of his Lords, Spiritual and Temporal, at the ſpecial inſtance of the Commons Aſſembled in Parliament, hath made and eſtabliſhed theſe Ordinances and Statutes, to the honor of God, the good of the King, and Realm. In which words you may obſerve a ſummary of this great Counſel: Firſt, the Perſons, the three Eſtates. Secondly, the Ends, for which the Parliament was called, (viz.) for the honour of God, &c. Thirdly, the Means, by Counſel, and conſent. Each duty of the three degrees, is inſinuated in theſe three things (viz.) Requeſt of the Commons, Adviſe of the Lords, and Eſtabliſhment of the King.

The firſt expreſſing the ſuitours: for the Royal Aſſent is never prayed by the Lords, but by the Speaker, the Mouth of the Commons.

The ſecond diſtinguiſhing the houſe; The King hearing the cauſes debated onely by the Lords.

The third intimating that no Bill receiveth life, until the Royal Aſſent be given.

So by looking back, it is eaſie to ſee the great Antiquity of this high Court, delivered as you ſee, from before the Romans; but never ſo dignified, as ſince Queen Elizabeths time. Now for the Nature of a Parliament, it is Conſilium, and it is Curia; the power of it in matters hereditary, and perſonal; the proceedings of it in cauſes criminal and civil; the priviledges of it ſedentibus, & ſervientibus: The Offices, Officers, and Order, we leave to a further diſcourſe: thus much onely touching the Antiquity of Parliaments in England.

Temps Edw. le Confeſſor le ſommons doit eſtre 40. Jours devant le ſeſſion.

THe Summons of the Clergy, Arch-Biſhops, Biſhops, Abbots, and Priours, that hold by a County, or a Barony, are ſummoned by Writ to come to the Parliament, and the King bears their expences of their remaining, and aboad; and all the other Deanes, Arch-Deacons, and Perſons, are ſummoned to appear by two ſufficient Proctors, which come with a duplicate of their Procurations, whereof one part remaineth with the Clerk of the Parliament, and the other with the Proctors.

2. The ſummons of the Laity, as Earls, Barons, and their Peers, which hold Lands and rents to the value of a County, or of a Barony (viz.) 20. Knights Fees, every Fee being accompted at 20. l. per annum, which make 400. l. or 23. Knights Fees and a half, which makes 400. Marks per annum: and none of the Laity of leſſer condition, are namely and particularly called by Writ, except their preſence be neceſſary for ſome ſpecial and extraordionary cauſe.

3. Next the King ſends his VVrits to the Cinque Ports, to chuſe Barons to anſwer, alleadge, and do for their Baronies, as if all were preſent: a VVrit under the great Seal for the VVarden, for their expences 20. s.

4. Next the King ſendeth his VVrits to the Sheriff of every Shire, to chuſe two Knights of every Shire: a Mark for their expences.

5. Then the King ſends his VVrits to the Cities of London and Yorke, or other Cities that are Counties, to chuſe two grave Citizens: and they muſt alſo have a Mark for their expences.

6. And then the Kings VVrit goeth to the Bailiffs of Boroughs to chuſe two Burgeſſes.

There muſt be two principal Clerks of the Parliament, and they muſt ſit in the midſt of the Juſtices, to enrole all the Pleas, and buſineſſes of the Parliament; not being Clerks to the Juſtices; for there is no Juſtice in England hath any power or Juriſdiction in the Parliament, but that the King calleth them thither to aſſiſt the Lords, and to hear and determine petitions: for the two Clerks are immediately ſubject to the King, except the King aſſigne ſome of the Juſtices to examine their Rolls. Theſe Clerks enrole all the Judgments given in the Parliament; and before the end of the Parliament, they deliver them over to the Treaſurer, keeping a Tranſcript or Counter-roll to themſelves, their wages a Mark a day.

Other Clerks were aſſigned by the King, to the Biſhops, and others to the Proctours of the Clergy; another to the Earls, and Barons; another to the Knights; another alſo to the Citizens, and Burgeſſes: theſe ſet down all doubts and anſwers, and are preſent in their Counſels; and being at leiſure, they aſſiſt the two principal Clerks to enrole the Acts of Parliament.

If a matter of difficulty, either concerning Peace or War, be moved in Parliament, the King wil enjoyn all the ſeveral degrees or tribes of the Parliament, the Biſhops, the Proctours, the Barons, &c. to go apart into ſeveral places; and the caſe is to be delivered to their ſeveral Clerks: whereupon they are to debate amongſt themſelves, and to adviſe; and if all, or the greateſt part do not agree, then the Lord Steward, the Lord Conſtable, and the Lord Marſhal, are to chuſe thirty five out of the number, two Biſhops, three Proctors, two Earls, three Barons, five Knights, five Citizens, and five Burgeſſes: and theſe thirty five men may chuſe twelve, and theſe may deſcend to ſix, & theſe ſix to three, and theſe three to two, and theſe two to one; and ſo one perſon may determine a cauſe, except the King gainſay it; which he may do, during the Parliament: otherwiſe nor.

There be three Degrees of buſineſſes in the Parliament.

1. Wars, or matters touching the Kings perſon, the Queen, and the Kings children.

2. The publick buſineſſes of the Commonwealth.

3. The private, and particular matters: yet theſe are to be handled, as the Bills come in by priority.

The principal Cryer of the Parliament, the Chancellour, Treaſurer, and Barons of the Exchequer, ſhall record the defaults of all thoſe that are ſummoned.

A Sermon before the Parliament muſt be provided by the Arch-Biſhop in whoſe dioceſs it is holden.

Proclamation muſt be made in the Hall, or Monaſtery where it is holden, and in the City or Town, that all men by a certain day bring in their petitions, &c.

The Chancellor, or the chief Juſtice of England, is to declare the cauſe of the Summons of the Parliament.

The King in ſtate ever to be preſent in the Parliament, if he be not ſick; if he be ſick, to ſend for twelve perſons of the houſe to ſee his perſon, and to ſatisfie the houſe of the cauſe of his abſence.

For the ſeſſion the King ſits alone. The Arch-Biſhop of Canterbury on his right hand, Yorke on his left hand; and ſo every man in his degree: and the Lord Steward is to ſee that every man ſit amongſt his Peers.

The Uſhers of the Parliament ſtand within the door of the houſe, and the Cryer ſtands without the door; and the Kings guard ſtands a good way without the door, to keep tumults, and crowds of people from about the door.

All ſit, except he that ſpeaks, who muſt ſtand to ſpeak, that all may hear.

None is to go in or out of the houſe, but at one door onely.

The King never requires aide, but for war; or to make his Son a Knight, or to marry his Daughter; and that in full Parliament.

Two Knights of the Shire are greater then any one Earle, or Baron; and two Proctours then any one Arch-Biſhop or Biſhop: and the King can hold his Parliament without any Arch-Biſhop, Biſhop, Earle, or Baron, with the Commons alone: for there was a Parliament before there was any Barons: but if the Commons do not appear, there can be no Parliament, though all the great Peeres of the Realm were preſent with the King: for the Proctours, Knights. Citizens, and Burgeſſes of the Realm, do repreſent the whole Commons of the Realm; but the great Peers of the Realm, are preſent onely for themſelves, and for no others.

The Parliament ought not to be diſſolved as long as any Bill remaines undiſcuſſed; if it be, the King is perjured: and publick Proclamation is to be made in the Parliament; and in the Palace, that if any have any petition, he ought to come in; and if no anſwer be made, it is to be intended, that all men are ſatisfied.

Any man that will, may have a Tranſcript or Copie of the Acts before they be printed, paying for the ſame 10. l. 5. s. (or 10 l. 08 s. 01 d.) And the Parliament may be holden in any place where it ſhall pleaſe the King (viz.) at Oxford, at Kennelworth, at Marlborough, at Glouceſter, at Acton-Burnel, at Leiceſter, at the Blackfryers, &c. 14 H. 8.

DODDRIDGE.

Of the Antiquity of the Parliament of England.

THe Ancient, and firſt Parliament that I have read of, is that in Polydore Virgil, in the reign of H. 1. in the 16 year, which was about the year of our Lord, 1116. And this was held at Salisbury, (as he ſaith) where were aſſembled with the King, all the Prelates, Nobles, and Commons, to conſult for the publick Weale; and (as he thinketh) before that day, the King never called the people to conſult and make Laws: and he deriveth the name from the French word (Parler.) There is an ancient Roll in ſome mens hands which deſcribeth the whole State and order of the Parliament; and the Title of it is, De modo tenendi Parliamentum. And it is further deſcribed Parliamentum Regis Angliae, & Angles ſummoneri tenebatur temporibus Regis Edwardi filii Ethelredi, qui modus. Recitatus fuit, Coram Willielmo Duce Normaniae Conquestore Rege Angliae, & per ipſum approbatum.

By this it ſhould ſeem that Parliaments (as they are deſcribed in that Roll) were held in the time of Edward the holy, for he was the Son of Etheldred; for Edward the elder, was the Son of Alphred: and this Edward the holy lived about the year 1043. And by this it ſhould alſo ſeem, that the Conqueror held a Parliament: In this it is firſt ſet down what Clergy-men were called, which were not onely Biſhops, but Abbots, and Priors that held per Baroniam: by which I gather, that they came not to that place as they were ſpiritual men; but by reaſon of the temporal honours they enjoy in the Commonwealth; for they have a place in the convocation-houſe, in reſpect of their ſpiritual function, and in that alſo they are a part in the Court of Parliament.

We read of a Parliament in 35 E. 1. in which were ſixteen Abbots, and eight Priors; but how many of thoſe were of the higher houſe I dare not define, or rather were of the houſe ingeneral: for I know it is not clear, that there was not then a diſtinction of houſes.

The firſt Title is, De Clericis, the ſecond De Laicis, the third de Militibus, the fourth De Civibus, the fifth De Burgenſibus: all other circumſtances of place, times, orders, and ſuch like are recited, which I omit to remember particularly, becauſe I know it is a thing well know to all; and that it differeth from the order of that Court now uſed.

The Court of Parliament hath a double power; the one to conſult by way of deliberation for the good Government of the Commonwealth, and ſo it is Conſilium, non Curia; another power it hath as a Court, in Adminiſtration of Juſtice.

The principal purpoſe of that Aſſembly ſeemeth to be for Conſultation; for the Writs are (ad Conſultandum & deliberandum: but being Aſſembled, they may hold Plea of cauſes.

But this difference I find, that in criminal cauſes, both the upper houſe and lower houſe intermedleth therewith, as in Attainders onely; and the ſpiritual Lords do all go out of the houſe, and give their aſſents by Proxie, 10 E. 4.6.

But in civil cauſes, as in VVrits of Error ſued there out of the Kings Bench, the upper houſe onely medleth, as is well deſcribed in the caſe 1 Hen. 7.19, 20. in a VVrit of Error ſued by one Flowerdue, on a Replevin, wherein Judgment was given againſt him in the Kings Bench.

But we have an expreſs Authority in the 4 H. 7.18. That in a criminal cauſe, the Commons muſt aſſent; for there the King and Lords did attaint one, and nothing was ſaid of the Commons; therefore by the Opinion of the Juſtices, the Act was held void, and the party reſtored.

The Peeres of Scotland were wont to come to our Parliament: for in 39 E. 3.35. in a VVrit of raviſhment, de Garde againſt Gilbert Umfrevil, he demanded Judgment of the VVrit, becauſe he was Earle of Anguiſh; and not ſo named in the VVrit: Anguiſh (ſaith the Plaintiff) is out of the Realm. I, but ſaid the Defendant, I am ſummoned to Parliament by that name; and the VVrit was abated: this proveth that the Peeres of Scotland came to our Parliament for Juſtice: but Littleton ſaith, 20 E. 4.6. that we ſhall implead an Earle, or Duke of France, by the name of Knight onely.

I need not dilate of the nature of the Parliament, that it is a body politique, or of what parts and members it conſiſteth, for that is very well underſtood of all learned men; neither of the order of it at this day, for moſt know that of their own experience: the priviledges of it are great, and may more ſafely be diſcuſſed what they are without the houſe, in regard of others, then what they are in the houſe for their liberties there.

Of the Antiquity of Parliament.

THat which we in Engliſh call Parliament, I ſuppoſe, and know, to have taken the name from the French, or Norman tongue, ſounding upon the word Parle, or Parler, to ſpeak, or diſcourſe: In Latine I find that it was called before the Conqueſt by two names, the one called Synodus, taken from the Greek, which is uſed moſt for the Aſſembly of ſpiritual men, to treat of Divine cauſes; and ſo was practiſed when Augustine came to Canterbury, where the King of Kent, (called Ethelbert) gathered his Nobles, and people to underſtand the meſſage, and preaching of Augustine; and again it is termed Conſiliatio, as hereafter I ſhall ſet down, and hereafter in that ſence, in Anno Dom. 833. Withlaſias Dux Wiviorum, a great Lord or Peer amongſt thoſe of the Frennes, called Girrii, or Girrogii, in his Chapter for the foundation of the Abbey of Ramſey, in which he termeth Egberte King, and Ahelwolf his ſon, to be Dominos ſuos: he dateth his ſaid Charter thus, Datum apud Londini Civitatem ubi omnes Congregati ſumus pro Conſilio Capiendo Contra Danicos piratos littora Angliae aſſidue infeſtantes: This mentioneth Ingulphus: ſo as it appeareth, when any imminent peril drew neer for the hurt of the Commonwealth, that then there were called the Nobility and wiſemen (called in the Hiſtory of Eli,) Duces, Principes, Satrapae, Rhetores, & Cauſidici; alſo Convenerunt Agelinum, Aldermanum, & Epiſcopos, Oſwynum, & omnes meliores Concionatores de Com. &c. And the ſame Author ſheweth, that Brithmothus, a moſt Noble Duke of Northumberland, was called Alderman, idest ſenior vel Dux qui ſynodo magna Conſtantia reſtituit Regem Edgarem, & alios Monachos dicens nequaquam ſe ferre poſſe, ut Monachi ejicerentur de Regno, qui omnem Religionem tenuerunt, & coluerunt in Regno.

King Offa, in his Charter granted to the Abbey of Chertſey, hath theſe words: Hanc libertatem, & omnia praedicta, & praefatum Monaſterium pertinentia in ſynodali conventu in loco qui nominatur Aeccleate, & teſtes conſiſtentes concenſi, & ſubſcripſi, &c. in hiſtoria Chertſey penes me remanen.

Canutus the Dane, beginning his Laws, ſheweth plain, that he made the ſame by the Advice and Councel of a Parliament; and beginning thus, Haec est Conſiliatio quam Canutus Rex meditatione vel decreto ſuarum ſapientum conſiliatus est cum ſuis ſapientibus apud Wintoniam, &c. When I obſerve an old written Copie, with a Comment thereupon, they are expounded thus, Conſiliatio id est Inſtitutio multorum facta Conſilio, Idem Conſtitutionem pro Inſtitutione, ponit, ut inuit haec non inſtituta fuiſſe ſuo proprio Arbitrio, ſed multorum Conſilio. And the ſaid King Canutus, in the Preamble of his ſaid Laws, ſheweth, that he decreed his ſaid Laws in this manner, Convocato ita que Comitum Procerum que Conventu, ut Epiſcoporum Abbatum, & caeterorum Nobilium, nec non & caeteris nobilitatis ſapientiae que totius Angliae Conſilio ſatagebat communi decreto ut in quantum humana ratio valuit, ea quae juſta fuerant ſtabiliret, &c. And in the ſaid Preamble, is ſet down, that before his time, Synodes, or Aſſemblies for the Commonwealth, were very rare, ſaving Eccleſiaſticae institutiones ſynodorum que conventus apud Anglos Inuſitati adhuc fuerunt: And the reaſon I ſuppoſe, was, that before Canutus, the Realm was governed by ſundry Kings: but he having conquered them all, and reduced them into one Monarchie, alleadgeth in his Preamble, Sicut ſub uno Rege ita & una lege Univerſum Angliae Regnum regeretur: ſo as I conclude in this point, that before Canutus, there were no Parliaments in England: the reaſon I have ſhewed before, which was the diverſity and continual interwar between the Heptarchy, by him reduced to a Monarchy.

Since his time, I find that Edward the Confeſſor, in his Charter made to Weſtminſter-Abbey, did ſeal and ſigne the ſame at a Parliament: for thus he ſaith, Hant Igitur donationis, & libertatis chartam in Die dedicationis praedictae Eccleſiae recitari juſsi Coram Epiſcopis, Abbatibus, Comitibus, & omnibus optimatibus Angliae, & omni populo audiente, & vidente: where note theſe words, Omnibus optimatibus Angliae, and omni populi audiente, & vidente; which cannot be but in a general Aſſembly by Summons: and that is proved by the number and diverſity of the witneſſes, being Biſhops, Abbots, Knights, Chancellors, Kings, Chaplains, Dukes, Earles, Miniſtri, Milites, &c.

And William the Conqueror, in his Charter of the Ratification of the liberties of that Church, after he hath ſubſcribed the croſs with his name; and beſides him a great number of others of the Clergy and Nobility; in ſtead of Cummultis aliis, hath theſe words, Multis praeterea illuſtriſsimis virorum perſonis, & Regum principibus diverſi ordinis omiſsis qui ſimiliter huic Confirmationi piiſsimo affectu • , teſtes & fautores fuerunt, Hii etiam illo tempore a Regia poteſtate e diverſis provinciis & urbibus ad Univerſalem Synodum pro cauſis Cujuſlibet. Sanctae Eccleſiae audiendis & tractandis ad praeſcriptum celiberrimum Caenobium quod Weſtmonaſterium dicitur Convocati, &c.

And in another Charter of his, to the ſaid Abbey, are theſe words, Anno Incarnationis Dom. 1081. regni etiam praenonominati glorioſi Regis Willielmi iv. Convenientibus in unum cunctis primis primatibus in nativitate. D.N. I. C.

I read not in Rufus time of any Parliament.

But it appeareth in the Red Book of the Exchequet, that H. 1. before the Conſtitution, or making of his Laws, ſetteth down, Quae Communi Conſilio & aſſenſu Baronum Regni Angliae, &c. And then proceedeth Omnes malas conſuetudines quibus Regnum Angliae opprimebatur, inde aufero quas ex parte ſuppono, Teſtibus Archiepiſcopis, Epiſcopis, Baronibus, Comitibus, Vicecomitibus, & optimatibus Regni Angliae apud Weſtimonaſter' quando Coronatus fui.

The marriage of his daugter Mawde, and the entayling of the Crown to her, and her heirs, was done by Parliament: the Accord alſo between him and Stephen, was done by Parliament; and ſo conſequently all matters of Importance were done and concluded in Parliament: and of ſuch force is an Act of Parliament here in the governance of the State of the Realm, as it is deemed as an Oracle from Heaven, and reſteth onely in the Kings and Queens power to qualifie and mitigate the ſeverity thereof.

And thus much of the Antiquity.

I leave to others to diſcourſe of the manner how they that are to treat therein, are to be called; and of their priviledges: and ſo I end.

AGAR.

Of the Antiquity of Parliaments.

THe diligent obſervers of the Antiquities of this Realm, do very well know, that Acts of Parliament are of ſo high a nature, that they do not onely tie the Inheritance of every man; but what is there ordained, every ſubject of the Land is bound to take notice of, at his peril; and becauſe no man that ſhould deſire to inform himſelf therein, ſhould be ignorant what was done in Parliament, as now we uſe printing of the Acts; ſo before printing, all the Ordinances affirmed by royal aſſent were recorded, and then publiſhed under the great Seal of England, with a general preface, and proclaimed in every Shire: this you may ſee continued from the time of H. 3. till about H. 7. his days; and ordinarily the form was thus: The King ſuch a day, and ſuch a place, as at Weſtminſter, the 20 day of April, in the ſecond year of the raign of King H. 6. by the advice of his Lords, ſpiritual and temporal, and at the ſpecial inſtance, and requeſt of the Commons Aſſembled in Parliament, hath made and eſtabliſhed theſe Ordinances, Acts, and Statutes, to the honour of God, the good of the King and Realm, in form following; and then ſets forth every Act in particular Chapters.

Here you may ſee the perſons aſſembled, the end of their meeting, and the means to make it effectual: the perſons which meet at the Parliament are the three Eſtates of the Realm: firſt the King: Secondly the Nobles, ſpiritual and temporal: Thirdly the Commons of the Land. The end of the meeting is to do ſomething to Gods glory, the Kings good, and the benefit of the whole Land: and the means to effect the ſame, is by conſultation and conſent.

The particular duty of each of theſe three, ſeems to be inſinuated in theſe words; firſt, the requeſt of Commons; ſecondly, the advice of the Lords; thirdly, the eſtabliſhment of the King: the Commons being moſt in number, and ſuch as live in all the parts and places of the Land, are like to have moſt and beſt notice of ſuch things as are moſt likely and meet to be provided for; and being weak in power, and moſt ſubject to feel ſuch inconveniences, as greatneſs may lay upon them; and therefore are fitteſt, either firſt to lay open their griefs, and pray Reformation; or though they be not able at the firſt with Judgment, to foreſee enſuing dangers; yet the ſame being once propoſed, and inſtantly apprehended, they may with inſtance importune allowance of ſuch Laws, as may turn to their good: and our own experience teacheth us, that the Royal Aſſent is never prayed by the Lords, but by the Speaker, who is the mouth of the Commons.

In the preſence of a prince, a common perſon will ſcarce have the audacity to ſpeak, but when neceſſity maketh him crave help; and therefore 'tis properly ſaid, That the King adviſed with the Lords; becauſe he heareth the cauſes debated with them only, the Commons being ſeparated from conſultation what were fit to propoſe in ſome other place.

Whatſoever the Lords and the Commons agree upon, is an Ordinance preſently, though it be never engroſſed, and ſealed with the great Seal, and proclaimed in the counties, as the common courſe was: but it took not effect as a Statute, till the King declared his Royal Aſſent; which he might very well do by Writ after the Parliament, aſwel as during the Parliament, per. 29. E. 3. f. 4. b. 39 E. 3 f. 7. For the Kings anſwer is no more, but that he will be adviſed, whether he will aſſent or no; and if he aſſent not till after, it is ſome doubt whether it be an Act of Parliament from the firſt day of the Parliament, or but from the time of the Royal Aſſent given.

The general Aſſent of the Realm to make Ordinances, and Laws, the ancient writers called Conſilium, Commune Conſilium, Magnum Conſilium, Placitumgenerale, Curia altiſsima, & Parliamentum generale, ſeu altiſsimum.

The Saxons called it Genote, Pirena, cor Pirena, Gemore, Ealpa, Zemots, Synodus. I find not the word Parliament before the beginning of E. 1. fully in uſe amongſt us. But the Aſſembly of the three Eſtates to conſult for the affairs of the Commonwealth, is as ancient as the Britains, and continued here in the time of the Saxons, Danes, and Normans.

I ground my opinion for the Britains from no expreſs authority, but by inference out of divers: 1 E. 1. Caeſ. Com. lib. 5. cap. 5. ſaith, Summa Imperii, Belli que adminiſtrandi Communi Conſilio, Comiſſa eſt Caſsibulano. So that here we have the name: and if you think that the Commons were not called to this conſultation, hear what Sothilius ſaith of the Britains: Apud hos, Populus Magna ex parte primatum tenet: exclude them of theſe general counſels, and you deprive them of this right. Vitus in hiſtororum. Britanorum, lib. 8. fol. 11. ſaith that Arthurus victor cum Regio ſplendore, Londinum ingreditur, ea que urbe Convocatis Clericis, Principibuſ que ſuae quidem poteſtatis, omnibus, Conſilium, quid optime factu opus ſit, capit Beda lib. 2. cap. 2. ſaith the Britains told Auguſtine, ſe non poſſe abſ que ſuorum Concenſu, & licentia priſcis abdicare Moribus: Beda lib. 2. cap. 13. Rex Edwinus antequam fidem Chriſtianum ſuſciperit, dixit ſe cum amicis, Principibus, & Conſiliariis ſuis Collaturum, & habito cum ſapientibu • Conſilio, &c.

The ſtory of the Saxons, and their Laws make evident proof, that they were ſtill of the ſame mind tranſplanted hither, as Tacitus ſaith the Germans were; Nec Regibus infinita poteſtas. De Minoribus Rebus Principes Conſultant, de Majoribus vero omnes.

Hiſtoria Elienſis lib. 2. de Dunelme, mortuo Rege Edgaro, Leſsius, (vel lepſius) a Deo ac ſancto Petro abſtulit cum Rapina Burch, & vendales, & Cateringas postea, antea Elicibatur, generale placitum, apud Londinum, ad quod dum Duces, Principes, Satrapae, Rectores, & Cauſidici, ex omni parte confluxerunt, beatus Ethelwaldus Leſsium in Jus protraxit, coram cunctis Injuriam patefecit, & bene aperta diſcuſſa, ea omnes Ethelwaldo per Judicium rediderunt, Burch, & vendales, & Katheringas.

Abendon Lanboke, fol. 91. in Charta Regis Etheldredi Affricum cognomento puer Pronbroche Willemetrantum, & Syrene, a quadam vidua Eadfield appellata, violenter abſtraxit, & quia cum Ducatuſico contra Regem Etheldredum reus extitit omnes poſſeſſiones ejus Regis dictioni ſubastae ſunt, quod ad Synodale conſilium ad Cirenceſter univerſi Optimates mei ſimul in unum convenerint, ad eundem Affricum, Majestatis reum, de hac patria profugum expulerunt.

Ingulphus hath many places to the like purpoſe, but I will uſe but one: Infeſto Nativitatis beatae Mariae cum univerſi Magnates Regni per Regium edictum ſummoniti tam Archiepiſcopi, Epiſcopi, & Abbates, quam caeteri totius Regni proceres, & optimates Londini Convenerunt, ad tractandum, de Negotiis publicis totius Regni, Conſummatis, omnibus coram univerſis, Domino Turketillo Abbati, Monaciſ que ſuis accerſitis, Rex Eldredus dedit Monaſterium de Croyland, &c.

Polydore Virgil and Paladine are therefore much deceived, if they thought that H. 1. was the firſt that held any Parliament within this Realm: neither do they ſeem to be of that Opinion, their words are theſe, Regis ante tempora H. 1. non Conſueverunt Populi Conventum, conſultandi cauſa niſi pro raro facere: Yet I think their ſucceſſors held Parliaments oftner then they did; yet nevertheleſs they held ſome, and William the Conqueror chalenged not ſo abſolute a Conqueſt of this Land; but the Laws he made, have this Title, Hic intimatur quid Gulielmus Rex cum principibus ſuis conſtituit, &c. And I think all Kings may yeeld to conſult with their people for that reaſon which Alphred uſed in the preface to his Laws: Temeritatis videatur ex ſuis ipſius decretis quanquam plura literarum Monamenta conſignari, cum in certum ſit qualem habet apud poſteros vel habitura ſint fidem; quae nos Magni facimus. I have not ſeen Arthur Halls Book, whereby he diſalloweth the Commons to have any voice in Parliament; and for which he is diſabled to be of the ſame houſe for ever: but I think he miſtaketh ſome writers meaning, which ſpake onely of Barons, or Magnates: but words are not much to be regarded, inſomuch as whatſoever the Parliament alloweth, it bindeth as a Law, though it be ſet forth onely in the Kings name; as the Statute of Glouc', and Magna Charta; or in the name of the Commons onely.

In the Kings Oath, the word Populus extendeth to the greateſt ſubjects, and ſo doth it alſo in the Recognizance of the peace, or good behaviour, quod bene ſe gerat erga Populum cunctum: If therefore he ſtrike, or miſdemean himſelf towards a Baron, the Recognizance is forfeited.

There is an expreſs Authority, that proveth, that the word Magnates, comprehendeth the people. Hoveden ſaith Anno 1170. Rex celebrabat Magnum Conſilium Londini cum Principibus, & Magnatibus terrae, de Coronatione A. filii ſui, & D. in ſequent' Clerico, & populis Conſentientibus, fecit ipſe filium ſuum coronari.

FRANCIS TATE.

Of the Antiquity of Parliaments.

THat there were ſuch like Aſſemblies as Parliaments now are, before the Romans arrival here, ſome gather by the words of Caeſar, lib. 5. de Bello Gallico ſumma imperii, Belli que adminiſtrandi, communi Conſilio permiſſae est Caſsibulano. And for not ſuch due holding of ſuch common Counſels, Tacitus ſeemeth to refer the the happy proceedings of the Romans againſt the Britains, Quod in Communi non Conſuluerunt. Theſe two Parliament-like Aſſemblies, the Britains do call Kifrithin, becauſe Laws therein were enacted.

The Engliſh Saxons, as ſoon as they had ſetled themſelves, held alſo the like Aſſemblies, which they called in their ancient Engliſh tongue Gereduyſis, or a Counſel; ſometimes Wittena Mota, as a meeting of wiſe men; and ſometimes by the Greek word Synoth: The Latine Authors of that age, did call it Conſilium, Magnatum Conventus, and Praeſentia Regis, Praelatorum, Procerum que Collectorum, as appeareth by the Charter of King Edgar, to the Abbey of Crowland, in the year 961. At which time it ſeemeth by the ſubſigning, that Abbeſſes had their voices there, and conſents aſwel as the Prelates and Nobles of the Land.

After the Norman Conqueſt, the two firſt Kings reigned with their ſwords in their hands, abſolutely of themſelves (viz.) the Conqueror, and William Rufus his Son, not admitting of themſelves any general Aſſemblies of the States of the Realm, but permitting onely provincial Synodes of the Clergy; for the compoſing of Eccleſiaſtical controverſies, as ſome write: wherein they themſelves ſate, nevertheleſs, as Preſidents; yet in their meetings (as it is in Hovedon, where he ſetteth down the Lands of William the Conqueror, he did ſet them down: And by the Counſels of the Barons, fecit ſummoniri per univerſos Conſultatus Angliae, Anglos, nobiles, & ſapientes, & ſua lege eruditos, ut eorum & jura & Conſuetudines ab ipſis audiret: Electi igitur de ſingulis totius Patriae Comitatibus viri Duodecem Jurejurando Confirmaverunt, primo ut quoad poſsint, recto tramite, neque ad dextram, neque ad ſiniſtram partem divertentes, legem ſuarum Conſuetudinem & ſanctitatem patefecerint, nil praetermittentes; nil addentes, nil praevaricando Mutantes.

And oftentimes he and his ſon William called together the Arch-Biſhops, Biſhops, Abbots, Archiepiſcopos, Epiſcopos, Abbates, Comites, Barones, Vicecomites, cum ſuis militibus: and in the time following, we find that there was conventum omnium Epiſcoporum, Abbatum, Florentius Vigornienſis. & procerum Regni Londini in palatio Regis. But an old Manuſcript Book ſaith, That the firſt Parliament, wherein the Commons were called aſwel as the Prelates and Nobles,Liber Cantuarmu. was in the ſixteenth year of H. 1. and then was firſt called by the name of Parliament, as ſome ſay from the Peeres, a potiore parte, quaſi parium Conventus: ſome derive it from the Peeres ridiculouſly, quaſt Parium lamentum: others more probably derive it from the French word Parler, as that of the Greek 〈 in non-Latin alphabet 〉 , that is to treat and to confer together.

Some of the French Hiſtorians, write, that this name, in this ſence, began at an Aſſembly of the Peeres of France, about the yeer of Chriſt, 1200. But I find the word to have bin in uſe with us in this Realm long before: for Ingulphus, who died in the year 1109. uſed the word for the meeting or Chapter of the Abbot and Covent, writing thus: Conceſſimus etiam tunc ſeriantiam noſtrae Eccleſiae, ſemiano de Leke, qui veniens coram conventu in publico Parliamento noſtra ſimiliter Juramentum praeſtitit, quod fidus & fidelis nobis exiſterit. Neither do I doubt but that the word was brought into this Realm by the French Monks, and firſt uſed by the Statiſts, in the time of H. 1. and ſince that time the authority of this Court hath ſtood ſetled; and the Communalty hath had their voice; which the ſaid H. 1. granted unto them, being a natural Engliſhman himſelf; and in love of the Engliſh Nation, when at that time the Normans were on the terms of revolt from him, in favour of Robert his Brother, Duke of Normandy.

Now for the form of Aſſembling of theſe three ſorts of Eſtates, in this high Court, I find no certainty till the time of King John.

It is apparent by a Petition, exhibited by the Lord Fitz-Hugh, in a Parliament holden at Leiceſter, 2 H. 1. that the principal Nobility were onely called; and they after the end of the Parliament to impart unto the Barons and their country what was done in the Parliament: Afterwards King John ordained, that all the Barons of England ſhould come in their proper perſons to the Parliament whenſoever they were ſummoned. The form I will deliver out of the words of the petition.

Ipſe Dominus Rex generalis ſummonitiones, vicecomitibus cujuſlibet Comitatus diligeret, ipſos injungendo, quod omnes Comites, & Barones, quorum nomina infra ſcripta fuerunt, & infra ſuas balivas reſidentes, ipſi ſummonirent, ad veniendum ad Parliamentum Regis: & hoc non omittatur quacun que ex cauſa, ſub paend Magni Contemptus: at which time, as it is in the Book intituled, Modus tenendi Parliamentum, all Earls which have Lands, Tenements, and Revenues, to the value of an entire County, at twenty Knights Fees, after twenty pound a Fee, or the value of an entire Barony, which is fifteen Knights Fees and a half, came to the Parliament: but when ſo great a multitude coul not but breed tumultuous confuſion, King Henry the third, after he had ſmarted by theſe confuſed multitudes of Barons, ordained that thoſe Earls, and Barons, unto whom he directed his Writs, ſhould onely come to the Parliament: ſo in the ancienteſt Summons that I have ſeen, which were in 49 H. 3. there were called beſides the Earls onely 17 Barons. This which King H. 3. began, was fully perfected by King Edward the firſt his Son, who elected the wiſeſt and ſuch as pleaſed him; and likewiſe omitted them and their children in their ſummons, if they did not equal their Parents in wiſdom, and other good parts and offices of valour and government: ſo we ſee in that time Hilton, Corbet, Point, Leyburne, Vavaſour, &c. and ſuch other like, were ſummoned once or twice in Parliaments, and their poſterity wholly omitted afterwards: The Barons and Biſhops were called, De Negotiis tractaturi, & Conſilium impenſuri: The Knights and Burgeſſes, ad faciendum, & conſentiendum iis quae ibidem de communi Conſilio dicti Regni noſtri favente Deo contigerit ordinari ſuper Negotiis antedictis: And in the ſame words were the Clergy called, ad faciendum, & conſentiendum: ſo as it ſeemeth they had aſmuch to do in Parliament then, as Knights of Shires, and Burgeſſes.

WILLIAM CAMDEN.

Of the Antiquity of Parliaments in England.

I Find in many ancient Hiſtories, that the Kings of this Land did uſe to call together the Nobility and Eſtates of the Realm to confer with them, eſpecially about matters of War, when any neceſſary occaſion did move them thereunto: But it is thought by Holinſhead in his Chronicle, that the firſt uſe of the Parliament did begin in the 17 year of H. 1. which ſince that time hath remained in force, and is frequented unto our times; inſomuch as when any thing is to be decreed appertaining to the State of the Commonwealth, it ſhall not be received as a Law until by the Authority of that Aſſembly, it ſhall be eſtabliſhed.

And becauſe the houſe of Parliament ſhould not be overcharged with multitudes, E. 1. did order that none of his Barons and Nobility ſhould come unto this Aſſembly, but ſuch as it ſhould pleaſe the King to call by his Writ; and the reſt to be choſen by voice of the Burgeſſes and Freeholders of the Shire where they did dwell, as Mr. Camden (Clarencieulx) in his Britannia hath very well remembred.

It is recorded amongſt the Summons of Parliament, 35 E. 3. that there is no Writ, de admittendo fide dignos ad Colloquium: and amongſt the Earls and Barons there is returned Mary Counteſſe de Norff. Alienor Counteſſe de Ormond, Phillippa Counteſſe de March, Agnes Counteſſe de Pembrook, and Katherine Counteſſe of Athel.

Upon the Parliament-Roll, Anno 14. (or 15.) E. 3. there are divers Writs directed to ſundry Earls and Barons, de veniendo ad Regem: whereof the firſt is directed to William Earl of Southamton, to attend the King with 120 men at armes; William de Clinton, Earle of Huntington, with 60 men at armes; Lawrence de Haſtinges, Earle of Pembrook, with 50 men at armes; and ſo likewiſe there were divers directed to others: and theſe ſeveral kinds of Summons, becauſe I find them recorded amongſt the Parliament-Rolls, I thought good to remember them to you.

I will conclude upon the Etymologie of the word, which is Parliament, which is to ſpeak, and deliver a mans mind freely, in that Aſſembly; whereof the boldeſt ſpeech, that ever I did read of to be ſpoken in the Kings preſence, was ſpoken by Roger Bigod, Earle Marſhal of England, unto King Edward the firſt, in the Parliament-houſe at Salisbury, where the King would have had him to go into Gaſcoyne for him with an Army: but when the Earle excuſed himſelf, ſaying, He would be be ready to go, if the King went himſelf; the King then in a chafe, ſaid, By God, Sr. Earle, thou ſhalt either go, or hang: and I (ſaid the Earle) ſwear the ſame Oath, that, I will neither go, not hang: and ſo departed from the King without taking leave.

JOSEPH HOLLAND.

The Antiqutty of Parliament. The two Synewes of the Commonwealth are Puniſhment and Reward.

AS touching the nature of the high Court of Parliament, it is nothing elſe but the Kings great Counſel, which he doth Aſſemble together upon occaſion of interpretings, or abrogating old Laws, and making of new, as ill manners ſhall deſerve; or, for the puniſhment of evil doers, or the reward of the vertuous; wherein theſe four things are to be conſidered,

1. VVhereof this Court is compoſed. 2. VVhat matters are proper for it. 3. To what end it is ordained.

1. As for the thing it ſelf, it is compoſed of an Head and a Body. The Head is the King, the Body are the Members of the Parliament. This Body again is ſubdivided into two parts: the upper houſe is divided partly of the Nobility Temporal, who are hereditary Councellors to the high Court of Parliament, by the honour of their Creation, and Lands; and partly of the Biſhops, ſpiritual men, who are likewiſe by vertue of their dignity, & ad vitam, of this Court. The other houſe is compoſed of Knights of the Shire, and Burgeſſes for the Towns: but becauſe the number would be infinite for all Knights, Gentlemen, and Burgeſſes, to be preſent at every Parliament; therefore a certain number is ſelected out of that great Body, ſerving for that great Parliament, where their perſons are the repreſentations of that Body.

2. For the matters they ought to treat of, they ought therefore to be general, and rather of ſuch matters, as cannot well be performed without the Aſſembly of that general Body; and no more of the generals neither then neceſſity ſhall require: for as in Corruptiſſima Republica plurimae ſunt leges, ſo doth the life and ſtrength of the Law conſiſt not in heaping of infinite and confuſed numbers of Laws; but in the right interpretation, and due execution of good, and wholeſome Laws.

3. The end for which the Parliament is ordained, being onely for the advancement of Gods glory, and eſtabliſhment of the VVeale of the King, and his people; it is no place for particular men to utter their private conceits for ſatisfaction of their curioſities, or to make ſhew of their Eloquence, by ſpending the time with long ſtudied, and Eloquent Orations; for the reverence of God, their King and their Country being well ſetled in their hearts, will make them aſhamed of ſuch toyes, and remember that they are there as ſworn Counſellors to their King, to give their beſt advice for the furtherance of his ſervice, and flouriſhing Weale of this Sate.

4. And laſtly, to conſider the means how to bring all your labours to a good end, you muſt remember that you are Aſſembled by your lawful King, to give him your beſt advice in matters propoſed by him unto you, being of ſo high a nature, as beforeſaid: wherein you are gravely to deliberate; and upon your conſciences, plainly to determine how far thoſe things propounded do agree with the Weale, both of your King, and the Country; whoſe VVeals cannot be ſeparated.

FINIS.

There is lately come forth, an exact Abridgment of the Records in the Tower of London, from the reign of King Edward the Second, unto King Richard the Third, of all the Parliaments holden in each Kings reign, and the ſeveral Acts in every Parliament. Together with the names & titles of all the Dukes, Marqueſſes, Earles, Viſcounts, & Barons, ſummoned to every of the ſaid Parliaments. Collected by Sr. Robert Cotton, Knight and Baronet. And are to be ſold by William Leake, at the Crown in Fleetſtreet, between the two Temple-Gates.

Books printed or ſold by William Leak, at the ſigne of the Crown in Fleet-ſtreet, between the two Temple-Gates. YOrks Heraldry. fol. A Bible of a very fair large Roman Letter. 4. Orlando Furioſo. fol. Perkins on the Laws of England. 8. Wilkinſons Office of Sheriffs. 8. Perſons Law. 8. Mirrour of Juſtice. 8. Topicks in the Laws of England. 8. Delamains uſe of the Horizontal Quadrant. Wilby's ſecond ſet of Muſique, three, four, five and ſix parts. 4. Malthus Artificial Fireworks. Corderias in engliſh. 8. Dr. Fulks Meteors, with Obſervations. 8. Nyes Gunnery and Fireworks. Cato Major with Annotations. Mel. Heliconium: by Alexander Roſſe. 8. Noſce teipſum, by Sir John Davis. 8. Animadverſions on Lillies Grammar. 8. The Hiſtory of Vienna and Paris. 4. The poſing of the Accidence. The Hiſtory of Lazarillo de Tormes, the witty Spaniard. Hero and Leander: by George Chapman, and Chriſtopher Marlow. Guillims Heraldry. fol. Herberts Travels. fol. Man become guilty, by John Francis Senault; and engliſhed by Henry Earle of Monmouth. Aula Lucis, or the houſe of Light. Chriſts Paſſion, a Tragedy: by the moſt learned Hugo Grotius. Mathematical Recreations, with the Horizontal dyal, by William Oughtred. 8. The Garden of Eden, or an accurate deſcription of Flowers and Fruits, by Sir Hugh Plat. 8. Solitary Divotions, with man in Glory, by the Archbiſhop of Canterbury. 12. The Idiot, in four Books. The Life and Reign of Henry the eighth, by the Lord Herbert. fol. Sken de Significatione verborum. 4. The Fort Royal of holy Scriptures, by J. H. the third Edition. 8. Callis learned readings on the Stat. 21. of Henry 8. chap. 5. of Sewers. France painted to the life, in four Books, the ſecond Edition. Willet on Geneſis and Exodus. Adams on Peter. fol. Book of Martyrs. fol. The Rights of the people concerning Impoſitions ſtated in a learned Argument, by a late eminent Judge of this Nation.

Plaies. Maids Tragedy. Phylaſter. King and no King. Othello the Moor of Venice. The grateful Servant. The Weding. The Hollander. The Merchant of Venice. The Strange diſcovery.