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 [Page 2]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 [Page 3]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, [...], 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. [Page 4]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 [Page 5]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 [Page 6]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 [Page 7]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, [Page 8]& 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 [Page 9]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 [Page 10]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; [Page 11]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 [Page 12]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 [Page 13]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 [Page 14] 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 [Page 15]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 [Page 16]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 [Page 17]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 [Page 18]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 [Page 19]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 [Page 20]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 [Page 21]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 [Page 22]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 [Page 23]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 [Page 24]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 [Page 25]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. [Page 26]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 [Page 27]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.

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 [Page 29]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 [Page 30]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 [Page 31]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 [Page 32]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: [Page 34]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 [Page 35]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 [Page 37]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 [Page 38]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 [Page 39]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.

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 [Page 41]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 [Page 42]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 [Page 44]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 [Page 45]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; [Page 46]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, [Page 47]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.

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, [Page 49]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 [Page 50]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 [Page 51]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 [Page 52]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 [Page 53]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 [Page 54]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, & [Page 55]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 [Page 56]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; [Page 58]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.

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, [Page 60]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 [Page 61]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 [Page 63]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 [Page 64]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 [Page 65]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 [Page 66]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 [Page 67]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 [Page 68]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 [Page 69]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 [Page 70]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 [Page 71]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; [Page 72]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 [Page 73]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.

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 [Page 75]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 [Page 76]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 [Page 77]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 [Page 78]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: [Page 79]others more pro­bably derive it from the French word Parler, as that of the Greek [...], 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 [Page 80]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 [Page 81]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 [Page 82]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 [Page 83]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 [Page 84]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: [Page 85]so as it seem­eth they had asmuch to do in Parliament then, as Knights of Shires, and Burgesses.

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 [Page 87]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 [Page 88]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, [Page 89]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 [Page 90]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.

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, [Page 62]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, [Page 93]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, [Page 94]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 [Page 56]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 [Page 96]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.