WHen after the period of the Saxon time, Harold had lifted himself into the Royall Seat; the great men to whom but lately he was no more then equall, either in fo [...] ­tune or power, disdaining that Act of Arrogancy, called in William then Duke of Normandy, a Prince more active then any in these Western-parts, and renowned for many Victories, he had most fortunately atchieved against the French King, then the most potent Monarch in Europe.

This Duke led along with him to this work of glory, [Page 4] many of the younger Sonnes of the best Families of Nor­mandy, Picardy, and Flaunders, who as undertakers, ac­companyed the undertaking of this fortunate man.

The Usurper was slain, and the Crown by this Duke was gained; and to secure certain to his posterity, what he had so suddenly gotten, he shared out his purchase, retaining in each County a portion to support the Dignity, Soveraign, which was styled Demenia Regni; and assigning to the rest of his Adventures, such portions as suited to their quality and expence, he retained to himself, dependancy of their personall service, except such Lands as in free Alms were the portion of the Church; and these were styled Barones Regis, the Kings immediate Freeholders, for the word Baro im­ported then no more.

Now as the King to these, so these to their followers, subdivided part of their shares into Knights Fees, and their Tennants were called Barones C [...]mites, for we (as in the Kings Writs) in their writs, Baronibus suis & Francois & Anglois, the Soveraign gifts for the most part extending to whole Counties, or Hundreds; an Earl being Lord of the one, and a Baron of the inferiour Donations to Lords of Townships or Mannors.

And as the Land, so was all course of Judicature divided, even from the meanest, to the highest portion, each severall had his Court of Law; preferring still the manner of our Ancestors, the Saxons, who jura per pages reddebant; and these are still termed Court-Barons, or the Freeholders-Court, twelve usually in number; who with the Thame or chief Lord were Judges.

The Hundred that was next, where the Hundredus or Aldermanus, Lord of the Hundred, with the chief Lord of each Township within their Lymits were Judges.

The County or generale placitum was the next, This was to supply the defect or remedy, the corruption of the infe­riour Courts. Ʋbi curiae Dominorum probantur defecisse, [Page 5] pertinet ad vicecomitem provinciarum; and the Judges here were Comites, Vicecomites, & Barones Comitatus quiliberas terras habebant.

The last and supreme (and upon which I am to treat) was generale placitum apud London, Ʋniversalis Synodus in the Charters of the Conqueror, Capitalis curia by Glanvile, or magnum & commune consilium coram rege & magnatibus suis.

In the Rolles of Henry the third, It is not Stative but summoned by Proclamation, Edicitur generale placitum apud London, (saith the Book of Abingdon) whether Epium Du­ces principes, Satrapae rectores, & causidici ex omni parte confluxerunt ad istam curiam, saith Glanvile. Causes were referred, propter aliquam dubitationem quae emergit in Comi­tatu, cum Comitatus nescit dijudicare. Thus did Ethelweld Bishop of Winchester, transferre his suite against Leostine from the County, ad generale placitum; In the time of King Etheldred, Queen Edoine against Goda from the County, ap­peald to King Etheldred at London, Congregatis principibus & Angliae sapientibus, In the tenth yeer of the Conqueror, Episcopi, Comites, & Barones Regni ad Ʋniversal [...]m Synodum pro causis audiendis & tractandis convocati, faith the Book of Westminster; and this continued all along in the succeeding Kings raign, untill towards the end of Henry the third.

As this great Court or Councell, consisting of the King and Barons, ruled the great affairs of State, and controuled all inferiour Courts: So were there certain Officers, whose transcendent Power seemed to be set to bound in the execu­tion of Princes Wills, as the Steward, Constable, and Mar­shall, fixt upon Families in Fee for many Ages; They as Tribunes of the people, (or ex plorī among the Atherians) grown by unmanly courage, fearfull to Monarchy, fell at the feet and mercy of the King, when the daring Earl of Leicester was slain at Evesham.

This chance, and the dear experience, Henry the third himself had made at the Parliament at Oxford, in the fortieth [Page 6] yeer of his raign, and the memory of the many streights his Father was driven unto (especially at Rumny-Mead neer Stanes) brought this King wisely to begin what his Succes­sor fortunately finished in lessening the strength and power of his great Lords; and this was wrought by searching in­to the Regality they had usurped over their peculiar Sove­raigne, whereby they were as the Book of Saint Alban [...] termeth them, Quot domini tot tiranni; and by the weakning that hand of Power which they carried in the Parliaments, by commanding the Service of many Knights, Citizens, and Burgesses, to that Magnum consilium, or generale placi­tum, which we still call Parliament.

Now began the frequent sending of Writs to the Com­mons, their assent being used not only in Money, Charge, and making of Laws, (for before all Ordinances were passed by the King and Peers) but their consent is likewise used in all Judgements of all Natures, either Civill or Cri­minall: In proof whereof, I will produce some few pre­sidents out of Record.

When Adamor that proude Prelate of Winchester, the Kings half Brother, had grieved the State by his daring Power, he was exiled by joynt sentence of the King, the Lords and Commons; and this appears expressely by the Letter sent from Pope Alexander the fourth, Expostulating a Revocation of him from banishment, because he was a Church-man, and so not subject to any censure; to this the answer was, Si dominus Rex & regni Majores hoc vellint (meaning his Revocation) Communitas tamen ipsius ingres­sum in Angliam nullatenus sustincret. The Peers subsigned this answer with their names; and Petrus de Mountford vice totius communitatis, as Speaker of the Commons. Lib. S. Alban. fol. 20. Anno 44. H. 3.

And by that style, Sir John Tiptofe, Prolocutor, affirmeth under his Arms, the deed of intail of the Crown by King Henry 4. in the 8. yeer of his raign for all the Commons.

[Page 7]The banishment of the two Spencers in Edward the seconds time, praelati Comites & Barones & les auters Peers de la terre & Communes de be Roialme, give consent and sen­tence to the Revocation and Reversment of the former sen­tence; The Lords and Commons accord, and so it is ex­pressed in the Roll.

When Elizabeth the Widdow of Sir John de Burgo com­plained in Parliament, that Hugh Spencer the younger, Robert Boldock, and William Clift his Instruments had by duresse, forced her to make a writing to the King, whereby she was despoiled of all her Inheritance; sentence is given for her in these words, Pur ceo que avis est al Evesques Counts & Barones & les auters grandes, & a tout Cominalte de la terre que le dit escript est suit encounter le ley, & tout manner de raison si suist le dit escript per agard del Parliament dampne elloques al liure a le dit Elizab.

In Anno the fourth of Edward the third, Prarl. Prim. rot. 11. It appears by a Letter to the Pope, That to the sen­tence given against the Earl of Kent, the Commons were Parties, as well as the Lords, or Peers; for the King directed their proceeding in these words; Comitibus Magnatibus Baronibus & alliis de Communitate dicti regni ad Parliamen­tum illud congregatis injunximus ut super his discercerent & judicarent quod rationi & justitiae conveniret, & haberent pro oculis solum deum qui eum concordi, &c.

When in the fortieth yeer of Edward the third, the Lords had pronounced the sentence against Richard Lions, other­wise then the Commons agreed to. The Commons appeald to the King himself, and had redresse, and the sentence entred to their desires; Yet this does not prove that the Kings Power is so farre beyond the Parliaments, as that he can do what he will, notwithstanding them.

When in the first yeer of Richard the second, William Weston, and John Jennings, were arraigned in Parliament, for surrendring certain Forts of the Kings; the Commons [Page 8] were parties to the sentence given against them as appears by a Memorandum annext to that Record.

In the first of Henry the fourth, Although the Commons referred by Protestation, the pronouncing of sentence of deposition against Richard the second, unto the Lords; yet they are equally interressed in it, as it appears by the Record. For there was made Proctors or Commissioners for the whole Parliament, one B. one Abbot, one Earl, one Baron, and two Knights, Grey and Erpingham, for the Commons; and to inferre, that because the Lords pronounced the sen­tence, the point of judgement should be only theirs, wer [...] as absurd as to conclude, That no authority was left in any other Commissioner of Oyer and Terminor, then in the Person of that man solely that speaks the sentence.

In the second of Henry the fifth, The Petition of the Commons importeth, no lesse then a right they had to Act and Assent to all things in Parliament, and so it was answered by the King; and had not the adjournall Roll of the higher House bin left to [...]he sole entry of the Clark of that House (who either out of his neglect to observe due forme, or out of purpose to obscure the Commons right, and to flatter them, which he immediately served) there would have been frequent examples of all times to clear this doubt, and to preserve a just interest to the Common-wealth; and most conveniently doth it suite with Monarchy to maintain this forme, least others of that well framed body, knit un­der one head should swell too great and monstrous: Mo­narchy again may sooner groan under the weight of an Aristocracy as it once did, then under Democracy, which it never yet either felt or feared.