c. the thirde yeare of king Edwarde the fourth after the conquest diuers statutes c. By the aduise and assent of his Lordes spiritual and temporal the commons of the same Parliament assembled and by auctority of the same were made c. During which Sessions he had granted him by statute the tonnage and pondage of wines and wayres not for a yeare or two but during hys naturall life In his second yeare he had liberally yeelded him large summes vpon his priuy Seales he had also diuers fifteenes Loanes and beneuolences In his first Parliament Charters priuiledges and liberties were coÌ„firmed But I sée no stoare of generall pardons in hys time although it was and had byn a busye age by meanes of the quarel betwene the two great houses of Yorke and Lancaster His brother Richard by that vnkinde making away of his nephewes ruled the rost two yeres two moneths a day whose statutes are enacted as before at the requeste of the commons of the same â—â—â—lme yet sought hee by all the fauourable wayes hee coulde too purchase hym selfe naturall subiectes though he vnnaturally came to the kingdome Henrie the seuenth after him obtained the Crowne in the beginning as it were by force next confirmed by the marryage of Elizabeth eldest daughter to Edwarde the fourth who called diuers Parliaments and in them al takes this course of auctority for enacting of the statutes of the same The King our soueraigne lord Henry the seventh c. in the first yere of his raigne to the honor of god and holy church for the coÌ„mon profite of the Realme by the assent of the Lords spiritual and temporal and the commons in the same Parliamente assembled by auctority of the same Parliament hath done to be made certaine statutes c. He had sundry exactions subsidies and beneuolences wherof ensued some daÌ„gerous and troublesome ciuil warres besides the putting in execution of many penal statutes more profitable to him than welcome to those who payde for them If you loke Maister Hal the Cronycler you shal finde more than enough touching the same and specially so broadely to touch Councellours for doing their princes commaundement in matters lawful tho in deede I must confesse odious to the people King Henrie being not like to recouer a sickenesse had taken him either by remorse of conscience or by other occasion it pleased him to conceiue did pardon those matters for the which he could not chose but heare the grieuous repining and murmure of his subiectes Henrie the eighte followed him in whose time were made a Bible of statutes and till the two and twentith of his raigne hâ—â—ad the very same wordes as his father vsed in the beginning of his Parliamentes and tho then the same still followed not in course yet the Parliamentes were held of the estates wherein the commons were one What subsidies and aides of money he had and what and howe many enacted pardons hee gaue nowe to repeate is but losse of time sith we are come thus farre To go thorow with king Edward queene Marie king Philip and our most gracious Princesse hir maiestie that now is as I haue with the rest were burning of daylight Sith we haue hetherto brought the Parliament nowe let vs shortely gather what wee can of these Collections touching the original Antiquitie and the manner thereof First Brute in the yeare of the worlde 2855. before the yeare of grace 1108. began the Empire of this I le Hee founde it without laws he made some Mulmutius 441. yeres before christ added more Gurguintus put a litle to Marcia that noble Quéene about the 360. yeare before Christ confirmed many and so remayned this lande gouerned I suppose without our forme of Parliament for I cannot perceiue there was any state of nobility The greate Cities and Borowes were long a building some 300.400.500 yeares one after another and more The Shires nether deuided nor inhabited a nation liuing in ciuil warres thefte and rauyne barbarous often for want of foresight and lawe so dispeopled as hardely there remayned sufficient to manure their landes and lesse too defende their Territories The yeare 51. before our sauyour toke flesh Iulius Caesar the Romaine made conquest of this region and anexed it to the Romayne auctority who had tribute tho sometime it were denyed and gouerned by their Captaynes and Emperors toke the defence of the same vpon theÌ„ as their often hither coÌ„ming with armies building of walles betwene the Scottes Pictes and Britons doth wel witnesse til the 443. yeare of Christes Natiuity at whiche time they neglected the matter not willing as it seemed to buy a trifle too deare nor dayly to be troubled to come from Rome but a steppe to defende them who had no ability to holde their owne féete nor as it is to be feared woulde learne And although in this time somewhat is indited by Eleutherius the Bishop of Rome to Lucius who is accepted the first Christened king yet if you wey the matter wel you shal finde that wil not doâ— About the yeare 450. the Saxons and Angles being senâ—e for entred and loke howe many kingdomes they erected how long in warres before how they continued how they were brought to one Monarchie and the sequele then and you shall finde there was no leysure for Parliaments In reading I haue gathered many floures out of Maister VVilliam Lamberts garden a gentleman after my verdict tho vnknowne to mee for hys payneful rare and learned Collection worthy to bee knowne and then no doubt of all wel disposed too learning and knowledge of the antique customes of our Country to be greatly honored I coulde make many Nosegayes for you oute of his wel set plantes but you are yong enough to gather them your selfe I will yelde that to Caesar which is Caesars due tho perhaps I wold be glad to be worthy to be Caesar my selfe Yet thus much I wil put you in minde what you shal haue in Maister LaÌ„bert for the seasons of the SaxoÌ„s and Angles kingdomes They deuided the Shires the worlde is theirâ— they parted into hundreds and weapon-taxes the speeche is olde English Folkmoot and Sheremote was appointed by them compounded SaxoÌ„ words of the which there were two vses in the Saxons time for there were two sortes therof one in the same nature that we haue le Countie Courte the other le Turne del Vicont S. Edward in his lawes appointed also two kinds of Folkmotes which were giuen notice of by the ringing of belles in olde Englishe called Mothel The first was when any vnaccustomed peril or daunger was doubted to the common wealth And then were the hundreds and Weapontackes within the Shriualties gathered together And also wythin them selues the Burgesses of Cities walled Borowes and fortresses of strength to the which liberties and priuiledges were graunted bicause their force was better able to keepe together and defende the people in the tyme of
Windsor by the way were too too vnkindly vsed of the Londoners The king Lords fel to agreement as Fabian writes were coÌ„tented to be ordered by the doome of the FreÌ„ch king who they agreed to be iudge betweene them the king giuing sentence the Barons refuse and fal to war. The yeare following the King his brother and sonne were taken in the Battayle at Lewes by meanes whereof the king grauntes a new the confirmation of the former statutes till matters accordingly be perfourmed Prince Edwarde and the king of Romaines sonne remaynes pledges wyth the Barons The 49. yeare Prince Edwarde being deliuered a Parliament or rather a counsell bycause I finde no statute thereof was helde at Winchester and all matters and decrees passed at Oxforde were vtterly vndone reuoked and called in and all writings and assuraunces sealed for the same were cancelled defaced You haue certaine statutes concluded I thinke at Winchester in your firste volume made in the yeare 51 of thys king in all the which you finde no other wordes for the moste parte but the king willeth or he commaundeth Unlesse hee firste alleadge an inconuenience happened which to redresse he vses it is therefore prouided and ordained The yeare after there were certain statutes passed at Marlebridge or Marleborowe wher you haue this beginning The yeare of grace 1267. the. 25. yeare of the raigne of king Henry sonne of king Iohn in the vtas of Saint Martine for the better estate of the Realme of England and for the more speedie administration of iustice as belongeth to the office of a king the more discrete men of the Realme being called together aswel of the higher as of the lower estate it was c. in all these statutes no word of enacted or ordained by the aucthority of this presente Parliament c. is founde but it is prouided and agreed whiche shal be and shal not bee as the matter which is stablished doth importe In the ende of these lawes and decrees and conclusion of agréement béetwéene 〈◊〉 king and his subiectes the Bishoppes doe pronounce aâ— men accurssed who shall go about to breake infringe or alter the liberties and free customes conteyned in the Charts of the coÌ„mon liberties and of the Forrest c. The preamble to the which Charters is in this manner Henrie by the grace of God c. To all Archbishoppes c. our faithfull subiectes greting know yee that wee vnto the honor of almighty god and for the saluation of the soules of our progenitors and successours kings of Englande to the aduauncemente of holy Church and amendement of our Realme of our mere and free will haue giuen and graunted c. Edwarde his sonne confirmed these Charters graunted by hys father and the thyrde yeare of his raigne helde a Parliament wherein were made diuers statutes and thus it saith These be the actes of King Edward sonne to King Henry at the first Parliament general after his coronatioÌ„ on the Monday of Easter vtas the thirde yeare of his raigne by his councel and by the assente of the Archbishoppes Bishops Abbots Pryors Erles Barons and al the comunaltie of the Realme being thether sommoned c. And for diuers considerations named the booke sayth The king hath ordeyned and established these Actes vnderwritten whiche he entendeth to be necessary and profitable vnto the whole Realme And in the first Chapter First the king willeth and commaundeth c. The yeare following other statutes were set downe by this Auctority In the presence of certaine reuerende fathers Bishoppes of England and others of the Kinges councell the constitutions vnder written were recited and after hearde and published before the King and his councell for asmuche as all the kinges councell aswell Iustices as others did agree that they shoulde bee put in writing for a perpetuall memory and that they shoulde bee stedfastlye obserued The next yeare hee made certaine lawes at Gloucester and hath thus For the great mischiefes c. Our soueraign lord the king for the amendmet of the laÌ„d c. hath prouided and established these Actes vnderwritten willing and commanding that from henceforth â–ª they bee firmely obserued within this Realme In the ende of the Chapters of the same ParliameÌ„t there is an explanation of it termed Expositions vppon the Statute of Gloucester which begin Afterwarde by the king our soueraigne Lorde and his Iustices certaine expositions were made vpon some of the Articles aboue mentioned c. The seuenth yeare other statutes were made the notice of the first was giuen to the Iustices of the Kings Bench with thys preamble Edwarde by the grace of God King of Englande Lorde of Ireland Duke of Aquitaine to his iustices of his benche greeting Whereas c. as it folowes in the act And now in our Parliament at Westminster after the said treatise the prelats erles barons and the coÌ„munaltie of our realme there assembled c we coÌ„maunde you that you cause these things â—o be redde before you in the said bench and there to be enrolled The ninth the 11.13 in the which he had three Parliaments as it semeth the first wherin the statute of Acton Burnel was made the second he helde the parliament at Westminster wherin very many statuts passed the thirde was at Westminster the eighteenth the 20.21.24.25.27.28.29.30.33 the thirtie foure yere there were statuts made as apeares by the records in all which these wordes passe of Aucthoritie for enacting and confirmation The King hath commaunded our soueraigne lorde the king hath ordained the king chargeth all his iustices vppon their faithes and othes that they owe him that they shal see this and that executed according to the statutes It is prouided our soueraigne Lorde the King to abate the power of fellons hath established a payne in this case and for asmuch as the king wil not that his people should bee sodainelye impouerished by reason of this penaltie that seemeth verie harde to many The king graunteth The king and his councell at his Parliament holdeÌ„ at Acton Burnel hath ordeined these establishments our soueraigne Lorde the king at his Parliament holden at Westminster in the eightenth of his raign of his special grace for the singuler affection that he beareth vnto his prelates Erles and Barons and other of his Realme hath graunted Wherefore our soueraigne Lorde the king considering fraude c. hath streightly commaunded our soueraigne Lorde the King in his full Parliamente holden the day after the feaste of the Purification in the twentith yere of his raigne by a general couÌ„cel hath ordained froÌ„ henceforth hath commaunded to be straightly obserued our soueraigne Lorde the king at his Parliament after Easter the 21. yeare of his raigne at the instance of the nobles of his Realme hathe graunted and commaunded too bee from henceforth firmely obserued we haue also ordeined by the aduise of our councell at the Parliament of our soueraigne Lorde the King holden at Lincolne in the vtas of
yeare it was enacted that no subsidie nor other charge shoulde be sette nor graunted vppon the Woolles by the Marchants nor by any other from thenceforth without the assent of the Parliament rare presidents to finde before the conquest in William CoÌ„querors time or since in a manner at all til this kings dayes Richard the seconde his successor helde euen on as his Graundfather began had almoste euery yeare a Parliament according to the statuts that there shoulde bee one yearely at the leaste In the beginnings of al the whiche almost the great Charter and that of the Forrest with all Liberties to holy churches fraunchises c. were granted stablished and confirmed and the authority of passing the actes is as you haue in his predecessors time Edward the thyrde sometime with one maner of words and somtime another He had very many free bountiful aydes of his subiectes by mony in number for hys two twenty yeares time no whit wanting with his Graundfathers likewise by diuerse pardons he declared his good accepting of them Kyng Henry the fourth first Erle of Darby then Duke of Herforde by his father Iohn of Gaunt Duke of Lancaster the fourth begotteÌ„ son of king Edward the second also inuested with the title of the Dukedome no more against king Richard 〈◊〉 than against lawe ryght and iustice did clayme the Crowne and at London called a Parliament in king Richards name asmuch without his direction as without iust aucthority and howe far wythout the ful partes of an Englishe Parliament which wee brag of and iustly may I referre mee to the iudgemente of deeper heades than mine owne In this Parliament forsooth is 31. Articles at the leaste layde to our Kyng Richarde a shrewd an vnaccustomed president Wel it was thought by the most parte that he was worthy to be deposed and prouision according was prouided But King Richardes friendes going to bed without candel when none was to be had perswaded their maister too yeeld contented the Crowne from his heade whiche otherwise woulde haue byn snatched off perforce and brought the skyn with it He doth resign he craues life without raigne it is liberally granted but more liberally broken with hasty shameful slaughter As who searches shal find to whoÌ„ I rather coÌ„mit the reading thaÌ„ I to cal to remeÌ„brance such vndutiful hard dealing specially when the Parliament hath any interest in the same or should be noted with error This Henrie the fourth raigned thirtéene yeares and somewhat more in whose time there was almost euery yeare a ParliameÌ„t in all the which for the most parte first the Charters and liberties be confirmed to all men and the Actes be thus aucthorized Henrie by the grace of god c. of the assent of the Prelates Dukes Erles Barons and at the instant special request of the commons of the same Realme assembled at his Parliament holden at Westminster c. Al establishmeÌ„ts coÌ„firmations and makings of statuts in his time you shal finde stil at the request ernest instance and prayer of the commons yet was he king as you haue hearde and in the first yeare of hys raigne he had such a heauy Taxe graunted him as it was conditioned it should not be recorded for a president diuers others he reaped the benefite of retourned also sundry pardons to the freeing of many of his subiectes His sonne Henrie was Kyng nine yeares and somewhat more and yerely as it seemes helde a Parliamente but hys sixt yeare in al which wherin the commons were named he sayth as before for himselfe and the Lords he hath at the special instance and request of the CoÌ„mons in the same ParliameÌ„t c. Hath don to be ordained c. The liberties of holy Churches the Charters and priuileges are enacted and agreed soundely to abide in force I can not perceiue for all his great Conquest and warres in Fraunce that he troubled his Subiectes in a manner at all to speake of wyth Taxe or Subsidie That smal ayde hee had rose as I can gather of some Tenthes and Fifteenthes were graunted him And yet did he for custome curtesie or congratulation sake also imparte his pardons He left his sonne Henrie in his place being but eighte monethes olde during whose raigne the Parliamentes were very thicke helde as in the former times As thys Prince was very yong at the death of his father so was he when he came to age more giuen to quietnesse and Religion than to worldly affayres or weapons And therefore it may be gathered that the nobility and commons stoode not in doubt of the infringing by him of great Charters and liberties Wherefore they labored not euery Parliament the confirmation of them as in his Predecessors tyme they did for in his Parliaments wee finde no suche mention made of them as vsually is had before his gouernement for making of Lawes most commonly I see Our soueraigne Lord king Henry the sixth at his Parliamente c. By the aduise and assente of the Lordes spirituall and temporal and at the speciall request of the commons of the Realme being in the same Parliament haue done to be made c. There is also Our soueraigne Lord King Henrie c. For the weale of him and of his Realme by the aduise and assent of the lords spiritual and temporal and the commons of the same Parliament assembled hath made ordayned c. This last manner of mencioning the coÌ„mons it is in the middle of the kings raign which might proceede of some occasions which your selfe maye finde out if you tourne ouer the cronicles I take it needlesse to be written In the thâ—â—tie three yeare of his raigne there was something enacted in a Parliamente touching the Lord Richard Duke of Yorke and also in another in his thirtie three yere concerning the same Prince which I cannot be perswaded that King Henrie de mero motu consented to I do not vnderstande that he burdened his subiectes in a manner at all with exactions for al his continuall and great warres in Fraunce but rather contented him selfe with the losse and so far as in lesse than fourtie yeres he forewent the Crowne of Fraunce abroade and lost his kingdome of Englande at home And tho by hys friendes he recouered the one againe yet woulde it not be kept but hee that receiued it firste efte obtayned it so that Kyng Henrie was depriued the second time not only of hys regalty but presently of his life Edward Earle of March righte heire of the house of Yorke was the man that Kinged it in King Henries rome and so continued it twenty two yeares and somewhat more during which gouernement he hadde at leaste tenne Parliaments in all the which hee names his auctority and the nobilityes aduise and consent and the instaÌ„ce and request of the commons but only in the Parliamente the thirde yeare of his raigne wherin he sayes At the Parliament summoned at Westminster
Hostilitie assembled to councell what way were best to be taken in such times Also in the same Folkmote which ofte times is named the Common councel the subiectes of this Land did their fealty and were sworne as here before diuers times Touching the oth to the prince I haue recyted to you And for sufficient proufe hereof the Londoners of late yeres haue vsed the worde and at this day directly in effecte kepe the matter when they assemble themselues as ofte as neede requires to their common councel the Folkemote in deed The seconde Folkemote was for the electing of Sherifs and officers vnder them for taking order that the watches were kepte and great heed had to scath fire In the Saxons gouernement there were at the last two kinds of regiments by the which the country was directed the one the West Saxons the other the marches who as they were proceeded of two nations so ech held the rights receiued fro their ancetors The Saxons kept thēselues kings here tho w much a do great continual slaughters not only w the ancient inhabitāts of this land but with thēselues one king with another til the yers 1018. during which time you see many ordinaunces established but how far frō the way of our Parliament your own discretion wil conceiue if you haue good cōsideration of the times people maner of lawing Canutus the Dane the yere 1018. was absolute king of the whole Realme whiche the Danes claymed firste by conqueste of Swaynus their king father to Canutus ano next by agreement made betwene Edmund Ironside and him his laws you haue see what you find ther. So gratcōquerors do not cōmōly grant such large freedomes to subiectes to haue interest with them in the cōmon welth neither yet do bind thēselues to so hard termes to establish nothing without the consente of the other two states Far vnlike it is that of Danes he had ful supplie too furnish the whole state of nobilitie and the whole Borowes and counties But graunt he had shal I beleeue he would set down another maner of gouernemēt than the Danes do at this day almost haue alwaies maintayned which is al things to passe by the kings auority the nobilities without the thirde estate He was not constrained at any time againste his will for the poore Englishe nation God knowes were laide low enough The Danes raigned not here aboue twenty fiue yeres allowing Canutus the first king Yet would I faine learn whether by Parliament and general consent of the three estats therof the excessiue Tributs were graunted and the exaction called the Dane gelt which the English people only euen frō the beginning of the raigne of the Danes were cōpelled yerely to pay to their kings was Parliament wise enacted Saint Edwards lawes if you loke ouer you shall finde nothing to serue your tourne The Conqueror VVilliam in the yeare 1066 obtained the Crowne howe streight a hande he helde on the subdued inhabitauntes of this I le is wel known Til the twentith yere of Henrie the thirde I heare of no Parliament vnlesse you wil haue al consultations Parliamentes as in the fortith of Henry the 8. I sée a statute made for one Richarde Strode a Burges in that Parliament for that hée was condemned in 160. pounde at certaine Courts of the Steynery and by auctority thereof imprisoned for the same bycause he had as it was aleaged greatly hindred by his speaches in the Parliament their liberties and priuileges Upon his complaint to the thrée estates the Act was made for his discharge in the end wherof an enquiry is appointed touching the digging of tinne and the letter is thus Be it enquired for our soueraigne Lorde the king that whereas at the Parliament holden at Crokerentor before Thomas Denys deputye too sir Henrie Marney knight warden of the Steynery c. Here you haue your word otherwise applyed than we accustomably do So that the worde carries not awaye with it alwayes the fulnesse of the matter Some wold long sith haue comprised in it howe King Henrie the thirde was by armes cōstrained to do what he would not You haue recited to you what auctority he vses in enacting you also haue likewise I haue gone thorow al the Parliaments of the rest of the Kings which I haue thought néedefull the exact ouerloking wherof and due noting of the forme of the nobility in time past after the Danish manner great sway beares in this common welth the aydes subsidies exactions and customes generally so oft consented to with better willes and more quietnesse than in former ages the nūber of penal statutes and generall pardons of the Prince will disswade the Antiquity of our thirde voices which many do defende and also wil shewe a lighte of the admitting the third person in this trinity I cannot méete with the name of the Knight of a Shire or Burges of the Parliament or any such men mentioned tyl now of late dayes In the twenty seuenth yere of Edward the thirde in the beginning of a Parliament he sayes thus Wheras good deliberation had with the Prelates Dukes Erles Barons and greate men of the Countries that is to say of euery country one for all the counties and of the commons of Cities and Burgesses of our Realm c. The fifte yeare of Richard the seconde there is a statute That if any knight of the shire Citizen of Cittie or Burges of Borow did not vppon sommons come to the Parliament not hauing lawful excuse should be amerced Anno 12. of the same king you haue an act for the Kings wages Anno 7. of Henrie the fourth it is enacted touching their elections Anno. 1. of Henrie the fifth you haue the like for chosing of Knights and Burgesses In Henrie the sixts time and after there are sundry Acts concerning the same matter If you consider the late enacting of these things you shall finde later vse of our newe Parliament than of some is thought for I thinke Knightes and Burgesses neuer coulde nor might appeare in Coūcel before they were autorised and the maner of their apperance knowne It may be that you and some other who shall mete with thys my procéedings in this matter will maruell why I make so long a preamble and that in such forme to so shorte an aduise which I sende you Againe the world is many times so aukwardely disposed as it will deeme the worste of mens meanings And leaste the repeating of these things to you should of Malbouch who neuer sayde wel be conceiued that I shote to disgrace that noble graue and necessarie thirde state of Parliament whiche if I were so lewdly disposed I neuer were able to touch ▪ I first protest before him who knowes the secretes of al mens workings it is furthest from my thought The cause of this my long recitall of one thing and other grew of three parts One to shewe how happily we obtained that rare interest in the common wealth
Saint Hillarie the twentith yere of his raigne of his couÌ„cel it was agreed and also commaunded by the king himselfe it is prouided by a common accorde We wil and graunt that this statute shall take effect it as agreed that such a writ of Indicauit shal not be graunted In the 34. yere of his gouernement and last statuts the first Chapter he graunteth in this maÌ„ner No Tallage or aide shal be taken or Leuied by vs or our heyrs in our Realme without the good wil and assent of Archbishoppes Bishoppes Earles Barons knightes Burgesses and other freemen of the lande The fourth Chapter he sayth thus we wil and graunte for vs and our heires that all Clarks and laymen of our lande shal haue their Lawes liberties c. as when they had them best and if any statutes haue bin made by vs and our auncesters or any customes brought in contrary to them or any manner Articles conteined in this present Charter we will and graunte that suche manner of statutes and customes shal be voide frustrate for euermore In the 6 Chapter where there is a curse set for the not performaunce of the premisses he hath In witnesse of which thing we haue set our Seale to this present Charter togither with the Archbishops Bishoppes c. which voluntarily haue sworne that as much as in them is they shal obserue the tenour of this present Charter in all causes c. Edward his sonne as I finde in your printed booke made many statutes in his first yeare his ninth his tenth his twelfth his fifteenth his seueÌ„teenth his eighteenth in all the whiche he vses the like manner of wordes as for the most parte be recyted before As Our soueraigne Lord the king hath graunted our soueraigne Lord the king willeth and commandeth The king decreeth this is added of new By the kings couÌ„cel Also it is desired that our soueraigne Lorde the King and the greate men of the Realme do not charge c. Our soueraigne Lorde the king intending to auoyde and eschewe such euil oppressions c. By the assent of his prelates Barons and other greate estates hath ordained c. It is prouided by our soueraigne Lorde the King and his Iustices and also graunted vnto the Citizens of London c. And also Forasmuche as some points of the statutes heretofore made hadde neede of exposition our soueraigne Lord the King Edward sonne to king Edwarde desiring that right bee done to his people at his parliamente holden at Yorke the thirde weeke after the feaste of Saint Michael the twelfth yere of hys raigne by the assente of the prelates Earles Barons and communaltye of his Realme there assembled c. VVe will also that this our ordinaunce shal take effecte c. But specially be it commaunded on the behalfe of oure soueraigne Lorde the king by the consent of the whole Realme The measure of our soueraigne Lorde the king was made c. in the twentith yeare of his raigne by some of his nobility and Isabel his queene badde Lords and worse wife as their doings in other cases after declared He was imprisoned and therevpon a Parliament was called wher Edwarde the Kyngs sonne not yet of the age of fourthteene yeares was elected by the common decree king in his fathers rome and in the name of the whole parliameÌ„t as it remaynes in some Authors diuers of the cleargye of the nobility were sente to the quondam King to shew â–ª him their determination who seing no remedie and smaler hope of recouery of his former estate renounced wyllingly when he could do no other his interest and principality If you wil haue this a lawfull and ful parliament I must pray god to kepe vs from many of them bycause of the hardnesse of the example for the king was badlye murdred within lesse than a yeare after and yet you see what words of Aucthority it hath Edwarde the thirde helde the crowne fifty yeares and odde monethes and had in his time 26. Parliaments at the leaste in some of the whiche there was not aboue one statute made and that of no greate importance In the first Parliament the bookes goe vpon certaine petitions and requestes made to him That is the king in the saide Parliament vpon such Articles aboue rehearsed by the common councel of the prelates Erles Barons and other greate men and by the communaltie of the Realme there being by his commaundemente hathe prouided ordained c â–ª the same Sessions at the request of the communalty of his Realme by their petition made before him and his 〈…〉 Prelates Erles Barons and other great men assembled at the sayde Parliament hath graunted for him and his heires c. and so procéedes to graunt and confirme alwaies the liberties of the greate Charter and the Charter of the Forest wherof for the most part there is mentioÌ„ first made in euerye Parliamente in all the whiche fewe excepted hee vses these wordes or such like and specially til his 14. yere in which he had a liberal extraordinary ayde or subsidy graunted hym By the assente of his Prelates Erles and Barons and other noble men of his Realme and at the requeste of the coÌ„mons after many times he puts in The consente of the Commons whole commons ful parliament and that chiefelye when as he obtained of them subsidie Taske fifteenth Disme or custome as if you turne the recordes you shall fynd and yet ofte he names them not at al but hath thus Councel and treatie there vpon had with the Erles Barons and our wise men of our said Realme c. VVe considering c. haue had there vpon deliberation and treatie with the Prelates and the nobles and wise men assisting vs of whose mutual councel it is ordeyned c. ofte putting in vvith the assent of the commons oftner at their request and petition whiche he vses not when they graunted him subsidie Taxe ayde custome fifteenth Tenthes or Lone But then the statutes carried these words VVith the consent of the commons whiche they well deserued And also deedes of congratulation aswel as allowance in termes for like moste liberal dutifull and considerate Subiects I wil thinke willingly did graunte their large contrybutions no larger than often nor ofter than needeful considering the diuers wars of their prince they did ninteene times bestowe towardes his charges their mony helpe if I did put in more as I suppose I shoulde not lye so should I not incurre any offence and that diuers of theÌ„ to continue two yeres thrée yeres sixe yeres A newe kynde of willing duty if you loke how alwayes before like matters in a maner were perforce extorted scouâ— them In Lieu whereof as a gratious prince thankefully accepting their doings as good cause he had â—aue theÌ„ at the least nine general pardons with some exceptions yet not many And whereas for the most part the Wolles of this lande before other commodities were most exacted of in his 36
where the monarchial gouernement strikes the stroke therby to thanke God wythout whom far lesse matters cannot stande Secondly that we should not be forgetful of the great gracious liberall and continual fauour of the Princes of this land who haue not only consented freely to the confirmation of this third estate but more thaÌ„ that neuer vndoubtedly repented the allowaunce thereof as well may be proued for that they neuer cauilled therin What contented mindes of late ages the kings and Queenes of this Realme haue carried in matters of Parliament when things haue not fallen out currant to their expectations I thinke not only al ParliameÌ„t men but the whole cuntry knowes And if I desired to picke thanks the most allowed way which is in telling truth I coulde make a long libel of hir maiesties that now is particular patience fauor great suffering and wel accepting of matters of Parliament but I will leaue it to a better workman to be booked by it selfe bycause it will aske a great volume Thyrdly to shew what a Iewel you haue of this most free general and vniuersal consultative kind of Lawmaking therby to be careful not only to kepe and preserue that odde grace granted to no nation but to our selues in such like regiments but also in al respectes dutifully to put to our indeuor to be worthy meÌ„bers of so gret a councell I will but remember you of a fewe lynes of Plato who neuer knewe England and muche lesse the English Parliament in his booke of his common welthe he makes mention of three kindes of rule viz. Monarchia Aristocratia Democratia Where the Prince doeth al sayes he lawes shal be made as best shall like him without regarde to others where nobility and a certain number of the greatest holde the helme the ship wil be directed to what hauen they please If decrées and ordinaunces lye in the multituds heads they wil be popular Sée you these imperfections for the want of combyning these three kinds togither whiche done and no lawe passe without all their consents who shal haue cause to complaine who is exempted out of this common wealth who is wronged or put to the wal who agrées not to his owne welth or waÌ„t O Anglia terque quaterque beata that doth inioy that blessed priuiledge which to maintaine as I beséeche all men so to my best I will proceede to aduise you of whom I haue most tender care to take such hede in all your actions touching the same as it by you may be Pro virile streÌ„gthned you experienced and wel deseruing therof and I ioyfull to heare of the considerate discharging of your duety First is to be considered what your auctority is and howe farre it doth reache from whence you had the same what trust they haue committed to you and what they expect at your hands that elected you therto Then by what meanes you shal best discharge without the indignatioÌ„ of the Prince or misliking of the nobility that trust to the profit of your electors The former parts are easyer to be set downe than the latter pointes drawen into assuréd aduices and vnfallible precepts But bycause as I sayde in the beginning I am to write too you who I am sure will take in good meaning my wel determined remembraunces rather than scrupulously picke out the insufficiency therof which I muste confesse is great yet not wholly so fruitelesse and vnfurnished but that you may gather some fewe Apples out of a smal Orchard Our Parliament consisteth of three estates First the Prince the second the nobility such as are admitted by their succession whose auncestors haue bin of the house or the king doth call and the Bishoppes all the which without speciall licence must be personally present and if they be by any meanes absent they giue theyr voyces to some one they best like who is resiant The third of the Commons wherin is comprised the yonger sonnes of the nobility and in a manner all the heires apparante very few except the fathers â—â—ing al the gentry the whole rest It is thus furnished there are two Knightes chosen of euery county but in Wales where the Shires haue but one and of euery Citty and Borrowe Corporate two Burgesses fewe excepte who of late time were made corporations and also the Cities and Borrowes in Wales who follow as their counties doe Of these knightes and Burgesses is your thirde house Wythout the consent of these three bodies no newe inuocation hath power to depriue the subiectes of this lande of life laweful inheritaÌ„ce or goods The autority therof doth stretch to them all to take away life inheritaunce yea of the Crowne of this Realme and euery mans chattels and hath full power to make and alter lawes and to vse the English phrase the lawe lies in their hands the Prince is sole of hir selfe and enacteth nothing alone the nobilitye and Bishoppes are vpon the pointe of eightie and rather vnder sometyme more or lesse as some may be vnder age some Bishoprikes voyde who offering a lawe doe make none of theÌ„selues The thyrde and great body of this councel consisteth the king nobility and Bishops foreprised of all the inhabitauntes of the country and therefore of a mightye number of members yet can it stablishe no ordinaunce absolutly suo iure But see the great and to other people vntasted of benefit of this lawe making as I haue saide before shal one enacte no shal two estates binde the third as little shal the whole three stricke it vppe god forbid else for as before who can complayne when his agremeÌ„t is 〈◊〉 and who denyes when al men say yea So when the greatest number of the Lords and the most of the coÌ„mons consente tho some be far off yet it doth importe general ratification else how shal you labor in vaine for it is not possible that so many should directly bit vppon one minde and iudgement in things argued we can haue no more that iust Harmonye of concente that the .77 Interpreters of the Byble had and yet no doubt I truste the best for the most part taken Your autority you see now go forth who put you therin The lower or common house of ParliameÌ„t standeth of 442. persons 78. Knights and 326. Burgesses for England and for Wales Monmouth Shire accompted no part thereof 12. Knights and as many Burgesses for the ports which are now 7 accompted fourtene which are called Barones portium who are chosen by the whole commons of the Realme vnder which name is vnderstood as you haue before not only the artificer the Begger the yoman the husbandmaÌ„ al and the whole al of those sorts but also the vniuersall gentry and many of the nobilitye of Birth who are not Barons of the higher house The Knightes are elected by the county and should be inhabitaunts in the same the Burgesses in the corporations which by statute are appointed to be dwelling Burgesses in the towne from whence