THere is no King in the World, nor Subjects of any King, that have a greater, and more binding, and yet a freer Council, than this our Parliament in England, whose general Acts, since all men must take notice of, it may profit any man to understand the Dignity, Order, and Antiquity thereof. Soveraignty, the highest degree of Ho­nour, is imported in the very Summons: For the King alone ( [...] Regio) as a [Page 2]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 Majesty of the Pre­sence, the gravity of the persons, and 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 of this high Court of Parlia­ment. And first of the Appellation: The Word Parliament, some derive it from Peers, quasi parium Conventus; or as o­thers say Parliament, Quasi parium la­mentum.

Others more probably from the French word Parler, or that of the Greek [...], to treat and confer freely. The French Histories say, that this name in this sense, began at the Assemblies of the Peers of France, Anno Domini 1200.

But it appeareth to be more Ancient with us than of that time: For Ingulphus who died Anno 1009. saith in Publico nostro Parliamento, &c. taking it there for a meeting, or Chapter of the Abbots.

Angelo King of Polonia, in Polish States calleth the Assembly Generale Parliamen­tum. [Page 3]This may raise a doubt of the for­mer Etymology of it, from the French word Parler. But, no doubt, the word was brought into the Statists in the time of Henry the First, to the general Council of the Kingdom.

But the like Assemblies as Parliaments being much more ancient than the Parlia­ment, underwent these names of old times. The Britains called them Keyfrithen, be­cause Laws were therein made by the English Saxons in their English Graduises, a Council; sometimes Wittenu motu, a meet­ing of Wise men: sometimes by the Greek word, Synodus. The Latin Authors of that age called it Concilium magnatum con­ventus Curiae altissima presentia Regis Praela­torum, Procerumque collectorum; as appear­eth by the Charter of Withlassias, 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, gained free con­sent even of lawless men to admit of cer­tain Customes as Laws, herehence fra­ming matter of form for a Common­wealth.

But new springing mischiefs, remedi­less by the elder Customes, causeth, for remedy thereof, the calling of yearly Councils, the Original, no doubt, of our after Parliaments; and it shall appear that our Kingdom from as grounded autho­rity as any other Nation, can prove of old the practice of those great Assemblies, then called Councils, now Parliaments. Those Sages, the Druides, most proper to this Isle, had yearly Conventions of their noblest and best people, in a middle con­secrated plott of this Kingdom, punishing with proscription from their Sacrifices, whoso obeyed not those general designs.

Before the Romans arrived in this King­dome, Cassibulan was before Communi Con­cilio, Chieftain of the Britains Forces; Summa enim Imperii Bellique administrandi communi Concilio permissa est Cassibulano. The Ancient Laws of the Britains (which to the honour of our Common Laws have to their use to this day) were composed in their Common Councils; 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 until by Con­quest it was made a Province. So before our Britains learned the Laws of their Vi­ctors, they held their Common Councils.

Tacitus seemeth to ascribe much to the prosperous proceedings of the Romans against the Britains, quod non in communi consuluerunt.

After the entry of the Romans, who with their People brought their Laws, their Councils were Comitia, as Parlia­ments compounded of the three degrees, (Senatores, Equestres, Plaebi) and termed Curiata, Centuriata, or Tributa, so called for that the people were divided Per curi­as; in which Assembly, Populus Suffragia tenebat; distinguished by Seath summoned by the Lictor, held in the City had power to consult of Peace and War, and to dis­pose of the lesser publick Offices.

Romulus was founder thereof, and no­bler people were divided per Centurias; for this the Council fore-sent by Edict, quis dies comitiis, centurialis futurus est, sum­moned per Corni nicem, assembled in Campo martio, because all in Arms.

In this year were disposed the greater Magistracies, and affairs of that. Hostilius was the Institutor, Tullie gloried in that [Page 6]he was recalled from Eailege Centuriata Tributa; For in this be people assembled by their Tribunes: Much agreeing with that of Curiata: And the Leges pe­culiares were general Jussu populi, Regnante Magistrati, but not in force, as Laws, un­til their promulgation, for which cause the Country Tribunes repaired to certain Fairs, where Proclamation was made of their new Laws, and holding it aequum ut quisquam obligeretur quod sine culpa sua igno­rat; but these Freedoms of the people maimed as the Empire grew absolute.

And when that State declined, we (as other infranchized Countries) began to give Laws to our selves. Therefore the Britains told Augustine, Se non posse absque suorum concensu, & licentia, priscis abdicare mo­ribus. And thus it stood in Britain until the coming of the Saxons. Now that sub­stance and form of Parliamentary Assem­blies, went all along the Saxon age, held during the incursion of the Danes, and was continued by the Conqueror in part. And when the assembly of the three Estates formed the Parliament (as now we keep it) it shall by clear proofs and presidents appear. The Story of the Saxons and their Laws do shew that they were of the same [Page 7]mind, translated hither, as Tacitus saith the Germans were, Nec legibus infinita Po­testas de minoribus Rebus Principes consultant de majoribus omnes Rex Edwinus (saith Beda, lib. 2. cap. 13.) Quod antiquam fidem susci­peret dixit se cum amicis Principibus & censi­liariis suis collaturum.

In a Charter of King Ethereld, it appear­eth quod ad Sinodale concilium apud Ciren­chester iniversi optimates simul convenerunt, & Astricum majestratis reum de hac patria pro­fugum expulerunt. Bertholphus held a Coun­cil at Kingburn (Pro Regni negotiis congrega­tum) to the which the west Saxon King, and people sent thither their Legate. Ingul­phus hath many places of clear proof, but I will move but one: In festo Nativitatis Beatae Mariae, cum universi magnatis Regni per Regium Edictum, Sommoniti tam Archi­episcopi, Episcopi Abbates & cleri, quam totius Regni Proceres, & optimates London convene­runt ad tractandum de Negotiis publicis totius Regni consumatis omnibus Rex Eldredus coram universis Domino Turketillo Abbati monachis­que suis accercitis dedit Monasterium de Crow­land, &c.

Here you may see the sampler of our Parliament; but to come nearer, when King Ina established his Laws he saith, I Ina King of the West Saxons, have called [Page 8]all my Fatherhood, Aldermen, and my wisest Commons, with the Godly men of my Kingdom to consult of great and weighty matters.

Here is presented in King Ina, the Kings Royal person, the Fatherhood in those An­cient times were those whom we call Bi­shops, and therefore we should term Re­verend Fathers.

By Aldermen the Nobility is meant. So honourable was the word Alderman in those times, that only Noblemen were called Aldermen; by the wisest Com­mons is signified the Knights and Bur­gesses; And so is the Kings Writ at this day: De discieoribus & magis sufficientibus. By Godly men is meant the Convocation-house, for that it consisted only of Religi­ous men; to consult of great and weigh­ty matters. So is the Kings writ, pro quibus dam Ardius & urgentibus negotiis, nos statum, & defensionem Regni nostri Angliae, & Ecclesiae Anglicana concernentibus.

The like was in King Alfreds days, where the King, Sancti Episcopi, & Sapi­entes laici Statuerunt leges, calling the Sta­tute Books Libri Sinodales, all their Laws going by way of suffrage general, accor­ding to the writ of our Parliament, Where­fore King Offa having gathered, Concilia [Page 9]apientum, the best Laws of Ina allured, and Etheldred would not publish them until such time, (as the text saith) ostendenda hac omnibus sapientibus nominis & dixerunt omnes placet custodire ea. But howsoever the Government was by sundry Kings, and con­tinually at interwar, the Saxon time held hardly one form of this their great Assem­bly or Council, yet in Canutus days, he ha­ving Conquered all, and reduced that Heptarchy into a Monarchy.

So that he could say, Sicut in una lege universum Angtiae Regnum Regeretur. It is plain that he held a Parliament, though not then so stiled, yet truly so to be accounted, and since it hath all parts of our Parliament, we might rightly call it so. In the preamble to his Laws thus he saith, Convocato itaque Com­muni Procerum comitatu & Episcoporum ab­batum & Caetiorum Nobilium. Nec non & cae­terae nobilitatis sapientaque totius Angliae consi­lio Satagebat cora decreta & in quanta humana ratio voluit & Stabiliret.

After this pious King Edward the Con­fessor, in a Charter made to Westminster, for thus he saith; hane igitur Chartum Donati­onis & libertatis in dedicatione predict Ecclesiae recitari nisi coram Episcopis Abbatis, comitibus & optimatibus Angliae omnique populo audiente.

But now to come to the Normans time after the Conquest, the two first Kings, the Conqueror 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 only Provincial Synods the Clergy for compounding of the Eccle­siastical causes; where nevertheless they sit as presidents. And the Conqueror 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 suis consti­tutus. And in giving Laws to this Na­tion: Fecit sumoniri per universos, Consulatus Anglia Angos Nobiles & Sapientes sua lege e­rudi os ut coram & nira & consuetudines ab ip­sis Archiepiscopis, & Episcopis audiret.

And often doth he and his Son call William, Archiepiscopis, Episcopis, Abbates, Comi­tes, Baronies, Vicecomites, cum suis militibus ad Consulendum. And likewise oftentimes after­wards, until the time of Henry the first, we find that there were Conventus Episcoporum, Abbatum & Procierum Regni Londini, in Pa­latio Regis: Wherefore, Pollidore Virgil, and Palladine were much deceived if they thought that Henry the first's Parliament within this Realm; neither do they seem [Page 11]to be of that opinion, their words being that Reges ante tempora Henrici Primi, non consueverunt populi Conventum consultandi cau­sa nisi per raro facere.

Therefore they might hold some, though not so often as their Successors, or agree­ing with the Manuscript of Canturbury.

That the first Parliament wherein the Commons were called, as well as the Peers 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 Parliament, indeed if the po­licy of the time be noted that may yeild some difference. The 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 wisdom to rule, and not to advise with the people. But Henry the first, a new budd of the old stock, being a natural Englishman himself, born at Selby in Lincolnshire in love of the English Nation to whom he ought his strength.

The Normans at that time standing at Terms of revolt from him in favour of his [Page 12]Brother Robert Duke of Normandy, he well understanding the love of his people, cal­led them to his great Councils, and setling the Authority of this Court of Parliament, so Established his Throne, that neither Britain, Dane, nor Saxon could ever after to this day disturb 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 intailing of the Crown to her, were done by Act of Parliament.

The Accord made between Stephen and him, was made by Parliament. And con­sequently all the succeeding Kings since, have ever concluded Grandia Regni only 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 only called, and they, at the end of the Parlia­ment were to impart to the other Barons and their Country, that 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 one entire County; 18 Knights fees ma­king [Page 13]an entire Baron, by which they sat.

But King H. 3. after he had smarted by the Tumultuation of the Barons, their multitudes bringing Confusion, ordained that those Earls and Barons, only to whom he directed his writ should come un­to the Parliament and none else. And this with H. 3. began his Son Edward the 1. the Founder of this our civil Estate, calling the Barons, and appointing the Knights and Burgesses to be elected, and of the Bar­rons selected the wisest, and such as pleased him, and did omit them, and their Chil­dren, which did not equal them, and their Parents, in Wisdome and Vertue: So held it until the time of Edward the 3. there being then a writ then in use, De ad­mittendo fide dignos ad colloquium.

Some also at that time called, as William Earl of Nottingham, to attend upon the King with 120 men at Arms, Lawrence de Hastings Earl of Pembroke, with 120 at Arms, and so divers others. The calling was with distinction; the Bishops and Barons, De negotiis tractatu & consilium impensuri, the Knights, and Burgesses Ad faciendum & consentiendum, those times had certain Or­dinances besides Statutes; For whatsoe­ver the Lords and Commons agreed upon, [Page 14]was presently an ordinance, but when the King gave his Royal assent unto any ordi­nance, it then became a Statute.

For the Kings Answer is no more, Le Roy le wile, on le Roy le 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. the Third, until H. the Seventh's days.

And the form was, the King, by the advice of the Lords Spiritual and Tempo­ral, at the special instance of the Commons assembled in Parliament, hath made and established these Ordinances and Statutes, to the Honour of God, the good of the King and Realm. In which words you may observe a summary of this great Council.

1. First, the persons the three Estates.

2. Secondly, The end for which the Parliament was called (viz.) the Honour of God, &c.

3. Thirdly, The means by Council and consent each duty of the three de­grees is insinuated in these three things, (viz.) request of the Commons, advice of the Lords, and establishment of the King.

[Page 15] 1. The first expressing the suiters for the Royal assent is never prayed by the Lords, but by the Speaker, the mouth of the Commons.

2. The Second, distinguishing the House, the King hearing the Causes debated only by the Lords.

3. The Third, intimating that no Bill receiveth life until the Royal assent be given.

So by looking back it is easy to see the great Antiquity of this great Court, dedu­ced 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 privileges of it, Sedentibus Sernien­tibus. The Offices, Officers, and order of that Court; we leave to a farther dis­course; thus much only of the Antiquity of Parliaments in England.

The Antiquity, Power, Or­der, State, Manner, Persons, and Proceedings of the High Court of Parliament.

THe most Ancient and First Parliament is that in Pollidore Virgil, in the Reign of H. 1. the 16th year, which was about the year of our Lord God 1106. and that was held at Salisbury (as he saith) where were assembled with the King, all the Prelates, Nobles, and Commons, to con­sult for the publick weal, and as he think­eth before that day, the King never called the people to consult, or make Laws, and he deriveth the name of 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 [Page 17]of it is, De modo tenendi Parliamentum. And it is further described, modus quomodo Parliamentum Regis Angliae & Angli Su­moniri tenebatur temporibus Regis Edwardi filii Etheldredi, qui modus recitatus fuit co­ram Willielmo Duci Normandiae conquestore Rege Angliae, & per ipsum approbatus.

By this it should seem, 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 Alfrid, and this Edward the Holy lived about the year 1043. And by this it should seem also that the Con­querour held a Parliament. In this it is first set down what Clergy-men were called, which were not only Bishops, but Abbots and Priors, that held Per Baroniam. By which I do gather, that they came not to that place as they were Spiritual men, but by reason of their Temporal Honour that they enjoy in the Commonwealth.

For they have a place in the Convoca­tion in respect of their Spiritual function, and in that 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 these were of the [Page 18]house in general, for that I know it is not clear, that there was then a distinction of Houses.

• 1. The First is de Clericis.
• 2. The Second de Laicis.
• 3. The Third is de Militibus.
• 4. The Fourth is de Cinibus.
• 5. The Fifth de Burgensibus.

All other Circumstances of Places, Times, Orders, and such like are recited, which I omit to remember particularly, because I know that is a thing well known to all this Company: And that it differeth from the order of that Court now used.

The Court of Parliament hath a double power, the one to consent by way of de­liberation, for the good Government of the Commonwealth, and so it is Consilium, not in Curia; and another power it hath as a Court of Administration of Justice.

The principal purpose of that Assembly seemeth to be for Consultation; For the Writs are, Ad consult andum & deliberandum; but being assembled, they may hold Plea of Causes.

But the difference I find, that in Cri­minal Causes both the upper House and lower House entermeddle therewith, as in Attainders: Only in these, the [Page 19]Spiritual Lords do all go out of the House, and give their Assent by Proxies, 10 E. 4.6.

But in Civil Causes, as in Writs of Er­ror sued there out of the Kings Bench, the Upper House only meddleth, as is well described in the Case of H. 7.19, 20. in a Writ of Error sued out by one Flowerdwe, on a Replevine, wherein Judgement was given against him in the Kings Bench.

But we have an express Authority in 4 H. 7.18. That in a Criminal Cause the Commons must assent, for 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 Peers of Scotland were wont to come to our Parliaments: For 39 E. 3.35. in a Writ of Banishment, Degard a­gainst Gilbert Umfrevile, he demanded Judgement of the Writ, because he was Earl of Angush, and not so named in the Writ. Angush (saith the Plaintiff) is out of ths Realm; yea, but, (said the Defen­dant) I am summoned to the Parliament by that name; and the Writ was abated.

This therefore proveth, that the Peers of Scotland came to our Parliaments for [Page 14]Justice. But Littleton saith 20 Ed. 4.6. that we shall implead an Earl or Duke of France, by the name of Knight only.

I need not declare of the nature of a Parliament, how that it is a Body Poli­tick; or of what parts and members it consisteth, for that is very well understood of all this learned Company; neither of the Order of it at this day, for most here know that of their own experience.

The priviledges of it are great, and more safely be discussed, what they are without the House in regard of others, than what they are in the House, for their Liberties there.

Of the Antiquity of the Par­liament in England.

That which we in English call a Parlia­ment, I suppose and know to have taken the Name from the French, and Nor­man Tongue, sounding upon the word Parle or Parler, to speak or discourse. In Latin I find that it was called before the which is used most for the assembly of the Spiritualty to treat of Divine causes, and so was practised when Augustine came to Canterbury, where the King of Kent cal­led Ethilbert, gathered his Nobles and peo­ple to understand the message, and Preach­ing of Augustine; and again it is termed Consultatio as hereafter shall be set down, and in that sense in Anno Domini 833. Whitlasias Dux Winnoy. Winnoy a great Lord or Prince amongst those of the Fens called Girrii, or Girrogii, in his Charter for the [Page 22]founding of the Abbey of Ramsey, in which he termeth Egbert King, and Atherlworlfe his Son to be Dominos suos; and he dateth his Charter thus, Datum apud Londini vi­tatem ubi, omnes Congregatum sumus pro con­silio capiendo contra Danitos Piratos littora Angli assidue infestantes.

This mentioneth Ingulphus; So that it appeareth when any eminent peril drew near for the hurt of the Common wealth, that then there were called in the History of Eli Duces, Principes, Satrapae Rectores & causidici, also convenerunt Angelicinus, Aldermani, & Episcopus Oswinus, & alii E­piscopi, & omnes meliores, contionatores de com. &c.

And the same Author sheweth Brith­mothus, most noble Duke of Northumber­land, was called Alderman, id est, Senior vel Dux qui Dinodo magna constantia restituit Re­gem Edgarum & 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 Chertsie, hath these words, Hanc libertatem omnia predicta ad pre­fatum monasterium pertinentia in Sinodali conventu in loco nomi­natur Historia de Chetersey. [Page 23] Edresdenae &c. & Testes consistentes consensu & subscripsi, &c. in Historia Cherisey penes me remanente.

Canutus the Dane, beginning his Laws, sheweth plainly that he made the same by the advice and Council of a Parliament, and beginneth thus: Haec est consolatio, quam Canutus Rex mediatione vel decreto suo­rum sapientum conciliatus est cum suis sapienti­bus apud Wintoniam, &c. Where I observe an old Written Copy, with a Comment thereupon: And they are expounded thus, Consiliatio id est institutione multorum facto concilio.

Item constitutionem pro institutione, ponit ut innuat haec non instituta fuisse suo proprio arbitrio, sed multorum consilio. And the said King Canutus in the preamble of his said Laws, in this manner: Convocato itaque Comitum Procerumque conventu & Eporum, Abbatum, & caeterorum Nobilium, Nec non & caetera nobilitatis, sapientiaeque totius An­gliae concilio satagebat communi decreto ut in quantum humana ratio valeat ea quae justa fu­erunt stabiliret, &c.

And in the said preamble is set down that before his time Synods, and Assem­blies for the Commonwealth were very rare, saying; Ecclesiae institutiones, Synodo­rumque [Page 24]conventus apud Anglos inusitati ad huc fuerunt: And the reason I suppose was, be­fore Canutus the Realm was Governed by several Kings, but he having Conquer­ed them all, and reduced them into one Monarchy alledgeth in this preamble, Sunt in uno Rege, ita & una lege universum An­glia Regnum regetur.

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, betwixt the Heptarchy, by him reduced into a Monarchy: Since this time I find that King Edward the Confessor in his Charter made to Westmin­ster Abbey, did seal the same at a Parlia­ment. For thus he saith, Hanc igitur do­nationem liberalitatem in die dedicationis pre­dicta Ecolesia recitari nici coram Episcopis, Abbatibus comitibus, & omnibus optimatibus Angliae omnique popluo audiente, & vidente; where note these words omnibus optimatibus Angliae, & omni populi audiente, &c. 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, Kings Chancellors, Kings Chaplains, Dukes, Earls, & ministri multi, &c.

And William the Conqueror in his Char­ter of his Ratification of the liberties of that Church, after he had subscribed the Cross with his name, and besides him a great number of others of the Clergy and Nobility, instead of cum multis aliis hath these words, multis praetera illustrissimis virorum per sonis, & Regni Principibus di­versi ordinis omissis qui similiter hinc confirma­tione plissimo affectu testes, & fautores fuerunt hii etiam illi tempore a Regia potestate a diver­sis Provinciis, & verbibus ad universalem Synodum pro causis cujuslibet Sanctae Ecclesiae audiendis & tractandis quod Westmonasterium dicitur convocati, &c.

And in another Charter of his to the said Abbey are these words, Anno incarna­tionis Domini 1081. Regni etiam pronominati gloriosi Regis Willielmi 150 convenientibus in unum eunctis primis Primatibus in Nativi­tate D. N. I. &c.

I Read not in Rufus time of any Parlia­ment, but it appears in the Red Book of the Exchequer, that Hen. 1. before the making, or constitution of his Laws set­teth down, Quae Communi consilio & con­sensu Barronum Regni Angliae &c. and then proceedeth, omnes malus consuetudines qui­bus Kegni Angliae oprimebatur inde aufero [Page 26]quas ex parte suppono Testibus Archiepiscopis, Baronibus, Comitibus, Vicecomitibus, & opti­matibus Regni Angliae apud Westmonasterium quando coronatus sui.

The Marriage of his Daughter Mawde, and the intailing of the Crown to her and her Heirs, was done by Parliament; and so consequently all matters of importance was done and concluded, which the accord between him and Stephen was done in Par­liament, and of such force is an Act of Parlia­ment. Herein the Government of the State of the Realm, as it is deemed as an Oracle from Heaven, and resteth only in the King and Queens power to qualifie and mitti­gate 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.

The Antiquity of Parliaments.

THe diligent observers of the Antiqui­ty of this Realm, do very well know that Acts of Parliament are of so huge a nature, that they do not only tye the Inheritance of every man, but what is there Ordained, every subject of this 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 coutinued from the time of Hen­ry the Third till about H. the Seventh's days; and ordinarily the form was thus.

The King such a day, and at such a place, as at Westminster, the second day of April, in the second year of the Reign of King H. 6. by the advice of the 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, and good of the King, in form following: And then sets forth every Act in particular Chap­ter.

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 Land, the end of the meeting is to be 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 the 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 parts and places of the Land, are like to have most and best notice [Page 35]of such things as are most likely and meet to be provided for; and being weak in power, and most subject to such inconveniences as greatness may lay upon them, and there­fore are fittest,

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 purposed, 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 was 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 it is properly said, that the King advised with the Lords because he heareth the Causes debated with them only; the Commons being separated for consultation, what were fit to propose into some other place.

Whatsoever the Lords and Commons agree upon is an Ordinance presently, though it be never ingrossed, and Sealed [Page 36]with the Great Seal, and proclaimed in the Countries, as the common course was; but it took no effect as a Statute, till the King declared his Royal assent, which he might very well do by Writ after the Parliament, as well as during the Parlia­ment, p. 29. Ed. 3. fol. 46.39 Ed. 3. fol. 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, 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 Concilium commune concili­um magnum concilium, Placitum generale cu­ria altissima & Parliamentum generale Curia altissimum & Parliamentum generale seu al­tissimum.

The Saxons called it Gemote, Pirena, or Pizena Gemore, Ealpa, Zemots, Synods.

I find not the word Parliament before the beginning of Edward the First fully in use amongst us, but the assembly of the three Estates to consult of the affairs of the Commonwealth, is as Ancient as the Britains, and continued here in the [Page 37]time of the Saxons days, and Normans.

I ground my opinion for the Britains upon no express authority, but by Infe­rence out of divers. 1 Ed. 1. Caes. Com. lib. 5. cap. 5. saith, Summa Imperii bellique administrandi commissa est Cassibulano, so that here we have the name. And if you think that the Commons were not called to this Consultation, hear what Zothilius saith of the Britains, Apud hos populus magna ex parte primatum tenet, exclude themselves of these general Councils, and you de­prive them of this right: Vitas in Histor. Britain. lib. 8. fo. saith, That Arthurus Vi­ctor cum Regio Splendore Londinum ingredi­tur, eaque urbe convocatis clericis Principi­busque suae quidem potestatis omnibus consilium quod optime factu sit capit Beda, lib. 2. cap. 2. saith the Britains told Augustine,

Se non posse absque suorum ac licentia pris­cis abdicare moribus Beda, lib. cap. 13. Rex Edwinus antequam fidem Christianam sub­scriperet Dixit se non amicis Principibus, & consiliariis suis collaturum, & habito sapienti­bus 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 [Page 38]infinito potestas de minoribus rebus Prin­cipes consultant de majoribus vero omnes.

Historia Eliensis lib. 2. de Dunelme mortuo Rege Edgaro Lessius (vel Lepsius) Deo, & Sancto Petro abstulit cum rapina Burch, & Vendales & Cataringas postea alicibatur ge­nerale placitum apud Londinum ad quoddum Duces, Principes, Satrapae, Rectores, & cau­sadici ea omni parte confluxerunt, Beatus E­thelwaldus lessium in vis protaxit coram cun­ctis injuria patefecit, & bene aparte discussa ea omnes Ethelwaldo per judicium reddide­runt Burch, & vendales & Katheringas.

Ingulphus hath many places to the like purpose, but I will use but one, In festo Nativitatis Beatae Mariae cum universi mag­nates Regni per Regni edictum summoniti tam Archiepiscopi, Episcopi & optimates Londoiis convenerunt ad tractandum de Negotiis pub­licis totius Regni consummatis omnibus coram universis Domino Turkettillo Abbati Mona­chisque suis accersitis Rex Etheldredus dedit Monasterium Croyland, &c.

Polidore, Virgil and Paradine are there­fore much deceived if they thought Henry the first that held any Parliament in this Realm, neither do they seem to be of that mind: Their words are, Reges ante Tem­ [...]ora H. 3. non consueverunt Populi conven­tum [Page 39]consultandi causa nisi pro raro facere. Yet I think their Successors held Parlia­ments oftener than they did, yet never­theless they held some. And William the Conquerour challenged not so absolute a Conquest of this Land: But the Law he made hath this Title, Hic intimatur quod Gulielmus Rex cum Principibus suis constituit, &c. And I think all Kings may yield to consult with their poople, for that reason which Alfrid used in his Preface to his Laws, Temeritatis videatur ex suis ipsius de­ [...]retis quenquam plura literarum Monumenta consignare cum incertum sit qualem apud po­steros habitura 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 speak only of Barons, or Magistrates, but words are not so much to be regarded as whatso­ever the Parliament alloweth, it bindeth as a Law, though it be set forth only in the Kings name, as the Statute of Glo­cester and Magna Charta, or in the names of the Commons only.

In the Kings Oath the word (Populus) extendeth to the greatest Subjects of the Land, and so doth it also in a 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. Howden saith Anno 1170. Rex celebrat magnum consilium Londinum cum Principibus & magnatibus terra de coro­natione. A. filii sui & Domini sequenti Clero & populis consentientibus fecit ipse filium Suum Coronari.

The Antiquity of Parliaments.

THat there were such like Assemblies as Parliaments now are, before the Romans arrival, hear some rather by the words of Caesar, lib. 5. De Bello Gallico, Summa Imperii bellique administrandi commu­ni concilio premissa est Cassibulano: and for not such due holding of Common Coun­cils.

Tacitus seemeth to refer the happy pro­ceedings of the Romans against the Bri­tains, A quod in communi non consulerunt.

These Parliament Assemblies the Bri­tains do call Rifrithem, because Laws were there Enacted.

The English Saxons as soon as they set­tled themselves held also the like Assem­blies, which they called in their Ancient English Tongue Gereduists, or a Council; sometime Wittena motts, a meeting of [Page 42]wise men; and sometime of the Greek word Synoth. The Latin Authors of that age did call it, Concillium magnatum con­ventus, and Praesentia Regis Praelatorum Procerumque collectorum, as appeareth by the Charter of King Edgar to the Abbey of Croyland, in the year 966.

At which time, it seemeth by the sub­scribing and subsigning, that Abbasses had the Voices there, and Consents, as well 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 only Provincial Synodus of the Clergy, for composing of Ecclesiastical Controversies (as some write) wherein they themselves sate nevertheless as Presidents.

Yet in their meeting (as it is in Hovedon) where he setteth down the Laws of Wil­liam the Conqueror, he did set them down, and Councel of the Barons.

Fecit Summoniri per Universis consulatus Angliae. Anglies Nobiles & Sapientes & suae lege eruditos ut eorum & vira & consuetudines [Page 43]ab ipsis audiret Electi igitur de singulis totius patriae comitatibus Viri, Duodecem in revi­rando confirmaverunt primo, ut quoad possuit recto tramite, neque ad dextram, neque ad Si­nistram partem de vertentes legum suarum consuetudinem & Sanctitatem patefacerent in hill. pretermittentes nihil addentes nil preva­ricando mutantes.

And oftentimes both he and his Son called the Arch-bishops, Bishops, Abbots, Archiepiscopos, Episcopos, Ab­bates, Comites, Baronies, Vice­comites, Florentius Wi­gorensis. cum suis militibus; and the time following we find that there was Conventus omnium Episcoporum Abbatum, & Procerum Regni Londini, & in Palatio Regis.

But an old Manuscript-book saith that the First Parliament,Liber Cantu­ar. wherein the Commons were called as well as the Prelates and Nobles, was Anno 16 H. 1.

And then was first called by the name of Parliament, as some say, from the Peers, a potiore parte quas parrum con­ventus; some derive it from the Peer, Rediculosi quasi partum lamentum; others more probably derive it from the French word Parler, or that of the Greek [...], that is to treat and to con­ferr [Page 45]together, some of the French Histo­ries write that this name in this sence be­gan at an Assembly of the Peers of France, about the year of Christ 1200. But I find the word to have been in use as in this Realm long before. For Ingulphus who died in the year 1109. used the word of the Meeting or Chapter of the Abbot and Convent, writing thus.

Concessimus etiam tunc Seriantiem nom. Ecclesiae Seimano de Leke qui veniens coram conventu in Publico Parliamento nom. similiter viramentum prestit quod fidus nobis existerit: Neither do I doubt but that the word was brought into this Realm by the French mouth, and first used by the Statist in the time of H. 1. since that time the autho­rity of this Court hath stood setled, and the Commonalty hath had their voices which the said Henry the First granted unto them, being a natural Englishman himself, and the love of the English Nation; when at that time the Normans were on the terms of revolt from him in favour of his Brother Duke of Normandy.

Now for the form of assembling 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 [Page 44]by the Lord Fitz Hugh in a Parlia­ment holden at Leicester 2 H. 1. that the principal Nobility were only 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 Summonned: The for­mer I will deliver out of the words of the Petition.

Ipse Dominus Rex quando generales Sumo­nitiones vicecomitibus cujuslibet commitatus dirigeret ipsos invingendo quod omnes Comites & Barones quorum nomina infra Scripta fue­runt & intra suas Ballivas residentes ipsi sum­monirent ad veniendum ad Parliamentum Regis, & hoc non omittatur quaecunque ex causa Subpaena magni contemptus: At which time as it is in the Book intituled Modus tenendi Parliamentum, all Earls which have Land, Tenements and Revenues to the value of an entire Baron, which is 15 Knights fees and a half, come to the Par­liament, but when so great a multitude bred Tumultuous confusion, King H. 3. after that he had smarted by these confused multitudes of Barons, ordained that these [Page 46]Earls and Barons unto whom he had di­rected his Writ should only come to Par­liament, so the Ancientest Summons which I have seen, which were Anno 49 H. 3. they were called besides the Earls 17 Barons, this which 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 his Summons, if they did not equal their Parents in wisdom and other good parts and Offices of valour and Government: So as we see in that time Helton, Corbet, Points, Leibourne, Va­vasar, &c. and such other like were Sum­moned once or twice to Parliament, and their posterity, wholly omitted afterwards. The Barons, and Bishops were called De Negotiis tracturi, & concilium impensuri, the Knights and Burgesses, ad faciendum & con­sentiendum iis quae ibum de communi consilio di­cti Regni nom. favente deo, contigerit ordinari super de Negotiis ante dictis, and in the same words were the Clergy called Ad facien­dum & consentiendum, so as it seemeth they had as much to do in Parliaments then as Knights of Shires and Burgesses.

Of the Antiquity of the Par­liaments in England.

I find in many Ancient Histories that the Kings of this Land, did use to call to­gether the Nobility and States of this Realm to conferr with them especially a­bout matters of War, when any necessary occasion did move them thereunto.

But it is thought by Hollingshed in his Chronicle that the first use of Parliament did begin with the Seventeenth year of Henry the First which since that time hath remained in force, and is frequented unto our times,Holling sheds Chronicle. insomuch as when any thing is to be de­creed appertaining unto the State of the Commonwealth, it shall not be received as a Law, until by authority of that as­sembly it shall be established.

It is recorded amongst the Commons of [Page 48]Parliament in the 35 E. 3. that there is one Writ De admittendo fide dignos ad colloqui­um; and amongst the Earls and Barons there is returned Marie countesse de Norfilk, Alia­nor Countesse de Ormone, Phillipp Countesse de March, Camdens Britania. Agnes Countesse de Pembrook and Katherine Coun­tesse de Athell.

Upon the Parliament Roll Anno 14. vel 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 Southampton to attend the King with 120 men at Arms, William de Clinton Earl of Huntington with 60 men at Arms, Lawrence de Hastings Earl of Pem­brook with 50 men at Arms, and so likewise there were divers directed to others, and these several kind of Summons, because I find them recorded amongst the Parliament Rolls; I thought good to remember them to you, I will conclude upon the Etymo­logy of the word which is Parliament, which is to speak, and deliver mans a mind freely in that Assembly. Wherefore the boldest Speech that ever I did read of to be spoken of in the Kings presence, was spoken by Roger Bigod Earl Marshal of Eng­land, unto King Edward the First in the Par­liament [Page 49]House at Salisbury, where the King would have him to go into Gascoine for him with an Army; but when the Earl excused himself, saying, he would be ready to go if the King went himself.

The King then in a great chase said by God Sir Earl thou shalt go or hang, and I (said the Earl) swear the same Oath that I will neither go nor hang: And so depar­ted from the King without taking leave.

The Antiquity of Parliaments.

The two Sinews of the Common­wealth,

• Punishment,
• And Reward.

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

• 1. Whereof the Court is composed.
• 2. What matters are proper for it.
• 3. To what end it is Ordained.
• 4. What is the means to bring the end to pass.

1. As for the thing it self it is composed [Page 51]of a Head and a Body: The Head is in the King, the Body are the members of the Parliament. This Body again is sub­divided in two parts: The Upper and the Lower House.

The Upper House is divided partly of the Nobility Temporal, who are Here­ditary Counsellors 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, Et ad vitam, of this Court. The other House is composed of Knights of the Shires, and Burgesses for the Towns.

But because the number would be infi­nite, for all the 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 be the representations of that great Body.

2. For the matters whereof they ought to treat, they ought therefore to be gene­ral; and rather of such matters as cannot well be performed without the assembling of that general Body; and no more of the generals neither than necessarily shall-be required; for as in Corruptissima Rei Publi­ca [Page 52]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 only for the advancement Gods glory, and Establishment of the weal of the King and his people; It is no place for particular men to utter their pri­vate conceipts 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 to give their best advise for the furtherence of his service, and flourishing weal of this Estate.

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 before said wherein you are gravely to deliberate, and upon your consciences plainly to de­termine how far those things propounded do agree with the weal of your King and the Country, whose weals cannot be separated.

But of the form of holding, see Sir Tho. Smiths Book Cap. 3. Fol. 47.

Descriptions and Occurrences of the Parliament.

THat we now agreeing with the Sects, do name a Parliament; the Frenchmen do call it le Estates ou le assemble del Estates, because with them there (as with us also) the King, Nobility and Commons do meet thereat to consult. And the same in Ger­many is termed a Diet; for those other Courts that carry the name of Parliaments be but ordinary Courts of Justice, which as Paulius Jovius Writeth, are thought to have been planted by us, and of which our own Councels established in Wales, and in the North parts do bear the nearest shew and resemblance.

This word Parliament saith one is com­pounded of Parium & lamentum because (as he thinketh) the Peers of the Coun­try did at those meetings lament and com­plain [Page 54]each to other of Country grievan­ces, and thereupon provided redress for the same.

But their opinion's more proboble (as I think) who drew Parliamentum from the French word Parler. And that also from the Greek [...], both signifying to speak, and so adjudge the determination (ment) which is common in the French Tongue as well to main Nouns as Adverbs do make up a Parliament, meaning thereby an as­sembly of men called together to speak and conferr of their advices or opinions.

And also it may not unfitly be called Parliament, for that each man there doth, or should speak his mind.

But Lawrentius Ville misliketh that man­ner of Etymology, I will not take upon me to set down the very time in which the the word Parliament came first in use.

But forasmuch as it was transported out of France, it is not improbable to guess that it began here shortly after the time of the Norman Conquest, and of the first Au­thentical reports of that name Parliament that I have found in the Statute made 3 E. 1. and commonly called Westminster 1. where that assembly is said to be Primer Parliament general a pres corone­ment [Page 55]le Roy; But yet that is not the very first use of the word, for in the Statute called Articuli Celeri published 9 E. 2. these words are read amongst others, Tempori­bus Primo genitorum & quondam, must needs reach higher than to Edward the First that that was but Father to him that spake it. So that I can willingly therein subscribe to the opinion of Pollidore Virgill, who in the XI. Book of his English History which con­taineth the Reign of H. 1. that was Son to the Conqueror, Writing of the great Assembly at Salisbury saith thus, Ad illud opposite habeo dicere Reges ante haec tempora non consuevisse populi conventum consultandi causa nici perraro facere adeo ut ab Henrico id institutem vire mannasse dici possit, &c.

And a little after Gallico Vulgo Parlia­mentum appellant, &c. And this by so much the more credible, as that King laboured by all means, and especially by restitution of the Ancient Laws (as all Historians do agree) to heal the hurts of the Englishmen, which were before deeply wounded by the oppression of his Father, and his Bro­ther William, to the end that he might thereby the better keep the Crown of this Realm against his Elder Brother Robert, who both had good right, and made his claim thereto.

But what time soever after the conquest this Court began to be called by the name of Parliament yet, is it certain that the same was free known to the Saxons, and Eng­lishmen, sometimes by the word of Sinoth, and Gemot, and Micell, Witena, ala Witena, and Lemote, and Halimote, that is to say, Assembly, or the meeting of the Wisemen of a Shire of the men of the Town, and of the Tenents of a Hall or Mannor had there beginning also. And as Sinod is more used in the Acts of Parliaments themselves, so Gemote is more familiar to the Histories.

Thus much of the Ancient usual name, now let us look to the thing it self, like as in War, when the King is present, and with him the Nobility, Gentry, Yeoman­ry, there is the force, and puissance of the Realm, even so in peace; where­soever the Prince is (as the head) to give life, that is to yeild the last, and highest assent, and where the Barony consisting of the Lords Spiritual and Temporal, and Commonalty, made up of the Knights, and Burgesses (be as the Body) present at his commandment to deliberate, confer and consent.

There is also the Council and Pollicy of the Realm, so that for as much as eve­ry [Page 57]man from the highest to the lowest, is there by person, or by procuration, there­fore of right reason every man is said to be found by that which doth pass from such an Assembly.

And this form of Policy is both Natural and Armonical, Natural in that it hath an Imitation of the natural Body, of a man (truly called the little world) out of the three Cells, whereof namely the Head, Breast, and Body, the whole three parts of the Soul do open, and utter themselves, and Harmonical because so well tuned a Bass, Mean and Treble, there proceed­eth a most exquisite consent, and delicious harmony.

The beginning of which manner of con­sultation, and namely with us of this Realm, if not how can I derive it from any other time, than from that which the German and English Nation did set their first Foot in this Land to invade it.

For Cornelius Tacitus Writing of the manner of the Ancient Germans saith thus, Nec Regibus infinita potestas de minoribus rebus Principes consultant omnes, neither did they together with the change of the Soil make change of this their wonted manner of deliberation, for it is yet extant in mo­numents [Page 58]left behind them, that after their coming hither they frequented the same order in Councelling which they had used in their own Country before, for proof hereof I might call Beda the Saxon Histo­riographer to witness, who reporting how the Christian Faith took root by little a­mongst themselves in their particular Kingdoms in this Land, Writeth, that King Edwin of Northumberland would not embrace the Preaching of the Gospel, be­fore he had commended and consulted with his Freinds, his Nobility, and his Wisemen. And so I end.