THE thing ever amongst men in eve­ry Countrey had in most Reputation and esteeme, is the Publick flourish­ing of their Countreys Common­weal: and he that endeavoureth the same, is worthy to be commended; to which every one Naturally hath a love and zeal; And it followeth, that Man can­not attain these things, but by a mean, which mean is none other but Reasonable Ordinances and Lawes; the which Lawes proceed and come principally of God, for the Providence and will of God is ever assistant.

The Parliament is the High, and most Honourable, Coke li. 10. fol. 123, 124. sect. 97. and most absolute Court of Justice of England, consist­ing of Lords in Parliament and Commons: The Lords were formerly divided into two sorts, Spirituall and Temporal; The Commons are divided into three parts, viz. Knights of Sheirs or Counties, Citizens out of Cities, and Burgesses out of Burroughs.

The Antiquity of the High Court of Parliament. Antiquity of the Court of Parlia­ment. Bract. c. 2. Re­gist. 280. 5 H. 4.

The King of England is armed with diverse Counsels, one is called Commune Concilium, and it is Legally cal­led in writs Magnum Concilium Regis Angliae; and that is applied to the House of Peers, which is called the Lords house of Parliament.

The Jurisdiction of the High Court of Parliament.

The Court of Parliament is so transcendent, that it maketh Lawes, diminisheth and inlargeth Lawes, Sta­tutes, and Ordinances; concerning matters Ecclesiastical, Capital, Criminal, Common, Civil, Maritine, &c.

None can begin, continue or dissolve the Parliament but by the Kings Authority. Mirr. cap. 2. sect. 4 10.14. c 4. de de­fault, & cap. de Homicid. c. 11. sect. 13. cap. 4. The Court of Parliament is of that high Honour and Justice, that none ought to imagine any thing dishonourable that proceeds from that High Court of Justice: The writ of Summons is the Basis and foundation of the Parliament, Rex est ha­biturus colloquium, Calvins case. & Tractatum cum Praelatis, Magna­tibus, & Proceribus, super arduis negotiis concernentibus

• 1. Nos.
• 2. Defensionem Regni nostri.
• 3. Defensionem Ecclesiae Anglicanae, 2 & 3▪ Ed. 6. c. 1. 11. H. 7. c. 1.

Every Bil which passeth the Parliament, shal have rela­tion to the first day of the Parliament, though it be put in at the end of the Parliament: 33 Hen: 8.17. If di­verse Sessions be in one Parliament, Divers Sessi­ons in one Parliament. and the King doth not sign the Bill untill the last, then all is the same day, and all shall have relation to the first day of the next Sessions; and the first day and the last, are both one Par­liament, and one day in Law.

No Bil is an act of Parliament, Ordinance or Edict in Law, although both Houses agree unanimously in it) till it have the Royal Assent it is no act. Assembles de ceux tres estates est appelle une act de Parliament, Assembles de trois Estates. car sans touts trois, nest ascun acte, for without all 3 Estates 'tis no Act.

The Kings consent signified under His Great-Seal, 3 H. 7.21. shall be to all intents of Law, as valid and effectuall as if He were Personally present.

The first Authenticall report of that name Parliament that I find, 3 Ed. 1. called Westm' 1. is in the Statute made 3 Edw. 1. called Westmin 1. where the Assembly is said to be le primer Parliament, apres Coronment le Roy. For in the Statute Articuli Cleri published 9 Ed. 2. these words are read amongst others, Temporibus progenitorum nostrorum quondam Regum Angliae in diversis Parliamentis suis, &c. Which-words progenitorum & quondam must reach higher then 1 Ed. 1. Sigbert, King of the East-Saxons. I read that Sigbert King of the East Saxons being moved to be Baptized, did first call a Councell of his Subjects; and finding them to favour his motion, did then himself Assent unto it.

I read moreover in Mathew Paris, M. Paris temp. H. 4.1225. that King Hen­ry 3. Anno Dom. 1225. called together omnes Clericos & Laicos totius Regni, or Vniversi Regni, as the same Writer expresseth. Vide Magna Charta, Magna Charta, c. 29. Parliament Charter. Vide the Stat. 15 Ed. 1. c. 1. Confirmes the 2 Charters, and other Statutes made by the King, Peers, & Commons of this land: The Statute published in the 20 yeer of the same King Henry, Stat. de Mer­ton. called the Statute of Mer­ton, which saith, Provisum fuit & Concessum tam à prae­dictis Archiepiscopis, Episcopis, Comitibus, Baronibus, quam ab ipso Rege & aliis. The Statute of Westm' first made 3 Ed: 1. the title of it is, [The establishment of King Edw. made by his Councell, Arch-bishops, Bishops, Abbots, Priors, Earles, Barons, and the Commonalty of the Land, &c.] The Statute of Gloucester, made in the first yeer of the said Kings reign thus providing, pervenant pur le Roy & appeales le pluis discretes de son Realme, 4 Ed. 3. & 36 Ed. 3. c. 10. auxi bien des grondres come des maindres [Page 4] stabiliter est & concordantment ordine, once every year.

The Judges of the land have resolved, Nevills case, 7 part of Coke 34. 2 Iacobi. that no Noble men committing Treason shall forfeit their office and dignity, their office is to Counsell the King in time of Peace, to defend him in time of War.

No man shall be imprisoned by the King and his Councel, 25 Ed. 3. c. 4. Petition de droit, 3 Carol. Magna Char­ta, c. 29. unlesse it be by Indictments, presentment of his neighbours, where such deed is done by due proces of law, made by writ Originall at the Common-Law, pag. 29. and expounds Lex terrae.

The order to make an Act, 7 H. 7.14. 12 H. 7.20. 9 H. 3. Magna Charta. is to have the joint Assent of the Communaltie, the Lords and the King; where a Statute is made to restrain the liberty of all people; the King shall not be bound by this Statute, unlesse he be named in the Statute.

A Statute which is in the negative binds the Com­mon-Law, Westm' 2. c. 40. 21 H. 7.21. that a man may not after make use of the Common-Law.

The Members of the House of Commons at every Parliament take a Corporal Oath, 1 Eliz. cap. 1. 5 Eliz. cap. 1. Caudrees case. that the King is the Supream Head, and onely Governour in all Causes over all Persons.

Where there is a saving or Proviso in an Act of Parlia­ment, Coke rep. fol. 7. Plowden Com. 563. The Iudgment in the high Court of Par­liament. which is repugnant to the body of the Act, it is void.

The Judgment in the High Court of Parliament is of as ample Authority as the sentence of any or all other Courts whatsoever, for it delivereth Lawes that do bind al persons in all causes; as wel Ecclesiasticall as Temporall; it hath Jurisdiction in such cases as have need of help where there is no help by any Law already in force; it reverseth erronious judgements given in any Court.

No Court can fine and imprison but a Court of Re­cord: [Page 5] The House of Commons is no Court of Record. 8 part Coke republ. 120. 27 H. 6. f. 8. The House of Lords, where the King is in Person, his Nobles, and his Judges, and Councel of Law, the ma­sters of the Chancery assisting, is a Court of Record: That is the Court of Parliament, where the Colloquium & Tractatus est.

No priviledge of Parliament is grantable for Treason, 8 H. 6. numb. 57. Rot. Parlia­ment' Coke 4. Calvins case. Felony, or breach of the Peace, 17 Ed. 4.57. Coke 4 part Instit. 25. 17 Ed. 4. numb. 39. Coke 7 part, fol. 21, 22.

A Parliament is to be holden once every year, Parl. 4 Ed. 3. & 36 Ed. 3. c. 10.

All Treasons, Felonies, Trespasses, Treason. are contra pacem Coronam & dignitatem Regis.

Humane Lawes.All humane Lawes, are either the Law of Nature, Cu­stomes, or Statutes, which are called Constitutions; but Customes, when they were first put in writing, and by sufficient Authority of the Prince published and com­manded to be kept, were changed into the nature of Constitutions and Statutes; and did after that, more pe­nally bind the Subjects.

The Laws of England.

The Laws of England.The Lawes of England stand for the maintenance of the just Priviledges of the Crown of England, the just Rites of the Church of England, the just Rights of the liberty of the People of England, & do lay forth their in­terest, in the preservation and maintenance of 3 things:

• 1. The first is called, the Register of Writs, privile­gium Regis, or jus regni.
• 2. The second is called, jus Ecclesiasticum, or jus Ec­clesiasticae.
• 3. The third is called, jus Populi, or libertates Angliae.

These 3 make up the Body of the Common Law; a Law so peacefull for the keeping all these in unity, that [Page 6] for this cause it is by the Authority of the Laws of this Realme stiled by the name of Peace, Mich. 7 Ed. 1. Rot. 21. Lin­wood de jure competenti 71. Coke Instit. 2.489. pax Dei, as rela­ting to the Rites of the Church; and pax Regni, as relating to the Rights of the People, vide the words of the Kings Charters in former times, concessimus Deo & Ecclesiae, &c.

THat no Members of the House of Commons doe presume to sit or take their Places in the lower House of Parlia­ment untill they, Proclamation before the L. Steward, 3 die Novem­bris, 1640. an. 16. Regis Caroli. and every of them have first taken the Oaths of Supremacy and Allegiance in the usuall manner and place, nor untill the Sheriffe shall make retourn of his Writ, according to the Statute, unto the Clark of the Crown in Chancery, and his or their Names be entred in such man­ner, as it hath been heretofore accustomed.

The number of the Knights, Citizens, and Burges­ses, Chosen to attend this present Parliament, out of Counties, Cities, and Burrough Towns of England and Wales, and the Barony of the Ports, now sitting at West­minster, (3 die Novemb. 1640.) 424. besides the Lords and Peers of upper House of Parliament.