times appointed through England and by his writing and Seal confirmed to Bishops and Abbats Charters of Priviledges whose Charter runs thus Hen. c. Baronibus fidelibus suis Francis Anglis salutem Sciatis me ad Honorem Dei Sanctae Ecclesiae pro communi emendatione Regni mei concessisse reddidisse praesenti Charta mea confirmasse c. and so confirms the Charter of King Henry the First his Grand-father As to the Council of Clarendon about (b) Answer to Petyt fol. 31. ult Edit See Selden's Correction of Matt. Paris in his Epinomis Thomas Becket Archbishop of Canterbury after he had once promised and his after refusing to set to his Seal in Confirmation of the Ancient Laws I must refer the Reader to what Doctor Brady hath collected and shall only touch upon that of (c) Matt. Paris fol. 84. num 20. ult Edit Clarendon Anno 1164. 10 Hen. 2. where those present by the King's Mandate were the Archbishops Bishops Abbats Priors Earls Barons and Noblemen of the Kingdom and there was a Recognition of parts of the Customs and Liberties of King Henry the King's Grandfather and of other Kings which were comprised in sixteen Chapters Concerning the Laws of this King see Selden's Epinomis These Matthew Paris calls wicked Customs and Liberties because they subjected the Clergy-men more to the Crown than he and others would have had them yet he saith the Archbishops Bishops Abbats Priors Clergy with the Earls Barons and Nobility swore to them all Proceres and promised firmly in the word of Truth to hold and observe them to the King and his Heirs in good Faith and without Evil and then adds decrevit etiam Rex by which it appears that the Members of the Great Council did not only assent but did bind themselves by Oath and solemn Promise obligatory to themselves and their Posterity to keep and observe them and upon the whole it is the King that decrees appoints and constitutes In all the great Councils of this King it is manifest that the Members were only such as in former Kings Reigns only in that of the 22 H. 2. (d) Ben. Abb. p. 77. Anno Dom. 1176. it is said Rex congregatis in urbe Londoniarum Archipraesulibus Episcopis Comitibus Sapientioribus Regni sui where Sapientiores are instead of Barones and for the Kings Summons it is always said Rex convocat congregavit praecepit convenire or mandavit as is most expresly said in that great Council Anno 1177. 23 H. 2. (e) Ben. Abbas p. 86. That the King sent Messengers through the whole Isle of England and commanded the Archbishops Bishops Earls and Barons of all England that they should be with him at London the next Sunday after the beginning of Lent Of the Great Councils in King Richard the First 's time THere are few great Councils met withal in his short Reign he being so great a part of it out of the Kingdom The first I find is in (a) Fol. 129. num 16 Matthew Paris Anno 1189. 1 Reg. That in the day following the Exaltation of the Holy Cross at Pipewel Archiepiscoporum Episcoporum aliorum Magnatum suorum fretus Concilio He supplied the Vacances of several Bishops Sees The Second I find is (b) Hoved. fol. 376. a. num 30. when he and the King of France agreed to go to the Holy Land where it is said that his Earls and Barons who took the Crusado in the General Council at London swore c. of which it is that (c) Fol. 155. num 50. Matthew Paris saith That the King of England convocatis Episcopis Regni Proceribus received the Oath from the Messengers of the King of France In the Fifth of King Richard (d) Hoved. fol 418. b. num 20. we have a full Example of the holding a Great Council by Commission for during the Imprisonment of King Richard Adam de Sancto Edmundo Clerk was sent from Earl John the Kings Brother to his Friends in England to defend his Castles against the King and dined with Hubert Archbishop of Canterbury boasting much of the French Kings assisting Earl John After Dinner the Mayor of London seized on him in his Lodgings and upon all his Breves and Mandates who delivered them to the Archbishop This occasioned the Archbishop being the Kings Commissioner to convene a great Council the next day A Great Council called on a Days warning but surely Summons had issued out before or else it is a great Instance that the great Councils might be called of such of the Clergy and Nobility as were nearest at Hand for my Author expresly saith (e) Qui iâ— crastino convocatis coram co Episcopis Comitibus Baronibus Regni ostendit eis literas Comitis Johannis earum tenuras statim per commune concilium Regni desinitum est quod Comes Johannes dissaisiretur Idem That the Archbishop the next day called before him the Bishops Earls and Barons of the Kingdom and showed to them the Letters of Earl John and the Tenor of them and adds that instantly by the Common Council of the Kingdom it was defined that Earl John should be disseised This Adam saith Hoveden came into England not long before King Richard's release from his Imprisonment The next great (f) Idem 419. â— 30. A Great Council of four Days Council I find was upon the Thirtieth of March summoned to meet the King at Nottingham and at this were present Alienor the Kings Mother Hubert Archbishop of Canterbury Geoffery Archbishop of York and seven Bishops more Earl David brother to the King of Scots Hamelin Earl Warren Ralph Earl of Chester William Earl Ferrers William Earl of Salisbury and Roger Bigot and names no more but saith the same day the King disseized (g) Rex dissaisivit Gerardum de Canvil de Comitatu Linc. Hug. Bardolf de Castro Comitat. Ebor. Gerard de Canvil and others It appears that this Council sat but four days on the second day the King required Judgment against Earl John his Brother on the third day the King (h) Rex constituit sibi dari c. deinde praecepit exigit Concerning the Form of Proceeding in the Pleas of the Crown the Assize of the Forest wherein the Laws made in this King's time are set down see Selden's Epinomis appointed to be given him 2 s. of every Carucate of Land through England and that every one should perform the third part of Military Service according to their respective Knights Fees to pass over Sea with him into Normandy and then exacted of the Cestertian Monks all their Wool of that year for which they compounded and the fourth and last day Complaints were heard against the Archbishop of York and further Prosecution of Gerard de Canvil Hoveden gives an account of the King's Progress till the 11th of the same Month to which time the
the Spaniards there were as many Obelisks or pointed Pillars set about their Graves as they had killed Enemies All which and infinite more Places in (c) The necessity of having a Standing Force is for preventing Rebellion and defending against Foreigners as appears in Aristotle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Lib. 7. c. 8. him and other Authors produceable sufficiently clear the necessity of a Prince's both having and encouraging Military Force and all are as so many Arguments That it is very necessary and conducible to the Prince's Glory and Safety as well as his Peoples that he be not only valiant and couragious in his own Person but that he understand the Office of a great General There are none more famous in the World than such Princes as have themselves led and headed their own Armies as is most eminently proved in Alexander the Great and Julius Caesar So in our King Richard the First and Edward the First Hence it is that (d) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Diâ— l. 13. Caesar was wont to say There are two things which obtain keep and encrease the Princedom viz. Soldiers and Money For as the great (e) Non ignavia magna imperia continâ—ri sed virorum armorumque faciendum certamen Historian observes By Sloth no great Empires are held together but it must be done by Force of Men and Arms It being (f) Sua retinere privatae domus de alienis certare regiâ—m 〈…〉 15. Annal. the part of a Private Family to retain its own but to carry Arms abroad is a Kingly Praise Such a Prince who hath when a Subject hazzarded his Life for his King and Country shown his great skill in ordering and providing for his Army in disciplining it How a Military Prince prevents Rebellious of his Subjects hath been fortunate and successful hath a Genius to military Employment a brisk and vigorous Soul not only when he comes to be Sovereign himself puts a fresh Spirit into his People by raising their Hopes and Confidence that he will encrease the Glory of his Nation but it makes him secure at home from Seditions and Rebellions For he is very fool-hardy or desperately Revengeful that will challenge a single Man who is experimented to have Valour and Skill at his Weapon much more is he who knowing his Prince such an one and who hath the Power of his Kingdom to assist and defend him will offer to molest his peaceable Reign unless he find some advantagious opportunity strangely favourable to his Design or take some Season before such a Prince be well setled in his Throne as despairing ever after to effect any thing and be in that desperate Condition that if he then cannot push forward his Designs he must for ever live inglorious and miserable Such was the Case of the rash ingrateful and aspiring Duke of Monmouth who to the eternal discredit of the name of Protestant so unpolitickly as well as maliciously raised the late Rebellion against his Lawful Soveraign pretending a Legitimacy which his Father that the best of all Men living knew the falshood of disowned and more than once made publick Declaration of it How he prospered in this attempt the World knows and if He and his Advisers had not been besotted they might have easily foreseen Besides this great and happy advantage to a valorous and Military Prince How a couragious Prince secures his Subjects from Foreign Enemies in the securing his own Country in Peace within themselves the Benefit is likewise great in the preventing of any affronts injuries or Indignities to him or his People from any of his Neighbours for none dare (g) Nâ—mâ— provocare au let aut facere in juriam ei Regno aut populo quem intelligit expeditum atque promptum ad vindicandum Vita Alex. provoke or do Injury to a King his Kingdom or People saith Lampridius that knows the Prince prepared forward and ready to vindicate his People This military Genius in a Prince being supperadded to his other Royal Vertues and Qualifications furbisheth all their Arms sets a fresh Gloss and Lustre upon them and such a Prince being generally successful in his Attempts for that commonly gives the first notice of his Courage and Conduct will have every one readily flock to his Standard to (h) Objicient se mucronibus insidiantium se suaque jactabunt quocun que desideraverit Imperantis salus Sen. 1. de Clem. expose themselves betwixt him and the points of Traitors Swords will have them throw themselves and their Fortunes whereever the safety of their King requires it So Cicero notes that Fabius Maximus Marcellus Scipio Marius and other great Generals had the Emperors Office and Armies committed to them not only for their Vertues but also by reason of their fortunateness to whom (i) Cic. pro Manilio Quibus etiam venti tempeslatesque obsecundant the Winds and Tempests have been favourable It greatly (k) Vehementer enim pertinet ad bella administranda quid hosâ—es quid socii de Imperatoribus existiment Idem conducing to the management of War what opinion the Enemies and Allies have of such Generals as the same Orator notes and the like may be said of Warlike Kings What immortal Glory is it to England that it hath had King Richard the First Of King Richard the First who carried his victorious Ensigns to the Holy Land What a Memorial of his Name and of the Prowess of his People hath King Edward the First left to all Posterity by the advancing his conquering Armes into the very High-Lands of Scotland Of King Edward the Third and the Black Prince What renown did King Edward the Third and the Black Prince his Son win in France when they not only won so great Victories but brought the King Prisoner and what no Nation else can boast of had at the same time the King of Scotland also Prisoner It may be easily conceived that these two valiant Princes and the Sons of that great King spirited the whole English Nation and in that Age the Renown of it equalled what now the French ascribe to their great King The Annals swell with the Atchievements of Henry the Fifth who in so few Years Of Henry the Fifth upon the matter subdued all France So that his Infant Son was Crowned King at Paris It is not to be expected that many Ages can produce such Examples but every Reader of History may observe That in every Age some one or two Crowned Heads carry the Trophies from all the rest fill their Countries with Triumphal Arches and raise pyramids of Glory to their own and their Countries high Renown A strange Factiousness in the Reigns of our three last Kings and the dreadful Rebellion Why our three last Kings could not appear so Formidable abroad have deprived them of the opportunity of showing the English Prowess on the publick Theater as it had been before Yet when they were employed they
great Council was adjourned to meet at Northampton where the King of Scots made his demands of the Counties of Northumberland Cumberland Westmorland and Lancashire Id. Hoved. and my Author saith That the King having taken advice with the Bishops Earls and Barons no orders of Men more are mentioned he gave answer to the King of Scots but it seems he had no mind to part with those Frontier Counties but by Charter in the presence of his Mother Alienor the Archbishop and other Bishops and many others as well Clerks as Laics of either Kingdom he granted the King and his Heirs certain Allowances Safe-Conduct c. when he should come to the King's Court upon Summons The most remarkable things in these Councils to be considered Remarks upon these Great Councils are the quick dispatch of Business in them the small Numbers they consisted of and that there appears no Footstep of any Commoners by Representation and by the Words Rex praecepit constituit c. it shows that the King had solely the Authoritative Power of passing the Consultations into binding Laws even where Mony was to be levied of the Subject and disseisure was to be made which was then practised but by an happy ease to the Subject is since by King Edward the First abrogated for which as we ought all to be thankful so to make use of this great Liberty that we may not abuse it to the damage of the Crown that bestowed the Largess and not so much boast our selves that we are freemen as to remember gratefully whence our Freedom came Of the Great Councils in King John's time THE first great Council that I have met with in King John's time is that held at Oxford (a) Matt. Paris fol. 176. num 30. ult edit Anno Dom. 1204. 6 Regni the Morrow after the Circumcision where as Matthew Paris saith convenerunt ad colloquium Rex Magnates and there were granted to the King two Marks and an half out of every Knights Fee Yet though all the Members are included under the name of Magnates yet my Author (b) Nec etiam Episcopi et Abbates sive Ecclesiasticae personae sine promissione recesserunt Idem saith that neither the Bishops Abbats or Ecclesiastic Persons passed away without a promise of supply I suppose So that I conceive the Clergy undertook for their Order to contribute something apart as it hath been since in use for the Convocation to give a distinct Tax imposed by themselves on the Clergy some evident Footsteps of which usage we find in that Council of (c) Hoveden fol. 282. b. num 10. Praecepit Rex Archiepiscopis Episcopis ut Siâ—illa sua apponeâ—enâ— cum cateri proni essent ad id saeciendum Archiepise Cant. juravit quod nunquam scripto illi apponeret nec leges consirmaret Clarendon wherein Thomas Becket Archbishop of Canterbury was required by the King that he and the Bishops should set to their Seals in Confirmation of the antient Laws the King enjoined to be observed which when the Bishops were willing to do the Archbishop swore he would never do The Members of the Great Council and the absoluteness of King John in imposing Taxes is fully discovered in what Matthew (d) Fol. 180. num 30. Paris writes that Anno 1207. 9 Regni the King kept his Christmass at Winchester the Magnates Regni being present and on the Purification of the Virgin Mary he took through England the Thirteenth of Moveables The King imposeth Taxes and other things both of the Laics and Ecclesiastics all murmuring (e) Cunctis murmurantibus sed contradicere non audentibus A Great Council held in the King's absence but none daring to contradict him Anno 1213. 15 Joh. the King intending an expedition into Normandy left Geofrey Fitz-Peter and the Bishop of Winchester Commissioners in his absence who at St. Albans held a Council with the Archbishop the Bishops and the Magnates Regni where on the part of the King it was firmly (f) Mat. Paris fol. 201. num 30. Ex parte Regis firmiter est praeceptum sicut vitam membra sua diligunt ne a quoquam aliquid violenter extorqueant vel aliâ—ui injuriam irrogare praesumant enjoyned that the Laws of King Henry his Grandfather should be kept by all in his Kingdom and all evil Laws should be totally disannulled and all Sheriffs Foresters and other Ministers of the King under the severest Penalties of Life and Limb should not violently extort any thing from any Person or presume to offer Injury to any In which we may observe the Conventions of great Councils in the Kings absence and that the Laws have force only by the King's Authority as appears by the expressions ex parte Regis firmiter est praeceptum In the same Year the Eighth of the Calends of September Stephen A Convention or Conspiracy against the King Archbishop of Canterbury with the Bishops Abbats Priors Deans and Barons of the Kingdom met at London at St. Pauls in a Conspiracy against King John and as (g) Fol. 201. num 50 60. Matthew Paris saith the Fame was that the Archbishop calling to himself a Club of the Nobles told them secretly that they had heard how he had absolved the King and compelled him to swear that he should destroy evil Laws and should recal the good Laws viz those of King Edward and make them to be observed in his Kingdom and that now there was found a Charter of King Henry the First by which if they would they might recal to the Pristine State their long-lost Liberties which Charter he produced and it was that made to Hugh de Bocland his Justiciary and so they made a Confederacy among themselves and broke up their Assembly We may note Observations on the foregoing Councils that this Convention at London was a Conspiracy yet it had the Face of a great Council as to the constituent Parts of it and no Representatives of the People and they grounded their Confederacy upon the regaining their lost Liberties and had recourse to King Edward's Laws and their Confirmation by King Henry the First So that even such Rebels owned Kings the Fountains Authors and Establishers of their Liberties as well knowing they were born Subjects and whatever was remitted of the absolute Power of Princes was by their own Grants though they might be induced to those Concessions from several causes but whenever threats force or other necessities for supplies or such like extorted these they were very ill kept Anno 1215. 17 Joh. the Barons pressing the King to confirm the Charter of Priviledges the Archbishop with his Associates read over each Chapter But the King understanding the Tenor of them with indignation and scorn said (h) Quare cum istis iniquis exactionibus Barones non postulant Regnum Nunquam tales illis concederet libertates unde ipse efficeretur servus Matt. Paris fol. 213. num
injuries which were brought upon the King beyond Sea by which not only the King but many of the Earls and Barons were disinherited therefore the King required Counsel and Aid of them of a Fifteenth Upon this the Archbishop and the whole number of Bishops Magna Charta granted Earls Barons Abbats and Priors having had deliberation answered the King That they would willingly yield to the Kings desire if he would grant them the long desired Liberties The King saith my Author being led by Covetousness or as he means being desirous of a supply yielded to what the Magnates desired so he granted that which is called Magna Charta so deservedly priz'd by all Englishmen ever since and the (f) Idem num 30. Charta de Foresta and presently Charters were got drawn and the King sealed them and they were sent into all Counties two one of the Liberties and the other of the Forests Matth. Paris saith expresly That they (g) Ita quod chartae utrorumque Requm in nullo invâ—niuntur dissimiles were the same that King John had granted and so refers the Reader to peruse them in what he had writ on his Reign It is to me very strange that since so many Original Grants of the Kings of England and other ancienter Deeds being every where to be found among the ancient Evidences of many Noble and Gentlemens Families yet no where that I can learn any of these Original Charters are to be found except one at Lambeth as Mr. Pryn hath observed That upon Record being only an Exemplification in King Edward the First 's time Anno 1232. on the Nones of March the King called a Great Council to (h) Idem fol. 314. num 20.17 H. 3. Westminster where there met Magnates Angliae tam Laici quam Praelati The King required an Aid for the payment of his Debts contracted by his Expeditions beyond Sea To which Ralph Earl of Chester on behalf of the Nobility answered That the Earls Barons and Knights that held of the King in Capite being with the King personally in that Expedition and having fruitlesly spent their Money were poor so that of (i) Vnde Regi de Jure auxilium non debebant Idem num 30. The Tenents in Capite having personally served according to the Tenure of their Service deny the King Aid right they ow'd not Aid to the King And so my Author saith the Laics having asked leave all departed and the Prelates answered That many Bishops and Abbats being absent they desired respite till some other meeting which was appointed fifteen days after Easter By this we may observe who they were that had the power of giving consent or granting aid for if there had been any other Members of the Lay Order besides Earls Barons and Knights that held in Capite the Earls of Chester's Argument had been of no validity In the Statute of Merton (k) Pulâ—on Stat. p. 1. In one part it is said Our Lord the King granted by the Consent of his Magnates 20 H. 3. it is thus expressed Before William Archbishop of Canterbury and other his Bishops and Suffragans and before the greater part of the Earls and Barons of England there being assembled for the Coronation of the said King and Helioner the Queen about which they were called thus it was provided and granted as well of the foresaid Archbishop Bishops Earls and Barons as of the King himself and others I shall only cull out some few of the Great Councils in this Kings Reign wherein most fully are expressed the true Members of them or such wherein something remarkable was transacted Anno 1237. 21 H. 3. The King keeping his Christmas at Winchester sent his (l) Matt. Paris fol. 367. num 30. Misu c. scripta Râ—galia pracipiens omnibus ad Regnum Angliae spectantibus c. ut omnes sine omissiâ—ne conveairent Regni negotia tractaturt totum Regnum contingentia Royal Writs through all England commanding all that appertained to the Kingdom of England that is all who were to be Members of the great Council which my Author explains particularly thus viz. Archbishops Bishops Abbats Priors installed Earls and Barons that without failure they should meet at London on the Octaves of the Epiphany to treat of the Affairs of the Kingdom concerning the whole Kingdom then he adds That on the day of St. Hilary there met at London an (m) Insinita Nobilium multitudo viz. Regni totalis universitas infinite Multitude of the Nobles viz. The whole University of the Kingdom which were the Persons of those Orders before particularized Anno 1246. 30 H. 3. By the Kings (n) Edicto Regio convocata convenit ad Parliamentum generali â—â—mum â—otius Regni Anglicani totalis Nobilitas Idem p. 609. num 10. Edict was called to the most general Parliament saith Matthew Paris all the Nobility of the whole Kingdom of England viz. of the Prelates as well Abbats and Priors as Bishops also Earls and Barons and a few Pages after concerning the same Parliament he saith All the Magnates of the Kingdom met and the King himself first spake to the Bishops apart then to the Earls and Barons and last to the Abbats and Priors In this The word Parliament now used that which frequently in Matthew Paris is called Colloquium now he gives the Title of Parliament to from the French word parler to confer or speak together and we find what is meant also by totalis Nobilitas Anno 1253. 37 H. 3. By the (o) Tota edicto Regio convocata Angliae Nobilitas convenit de arduis Regni Negotiis simul cum Râ—ge tractatura Idem fol. 745. num 40. Kings Edict the Nobility of England being summoned met at London to treat together with the King of the arduous Affairs of the Kingdom and there were present with most of the Earls and Barons the Archbishop Boniface and almost all the Bishops of England In this great Council were the Tenents in Capite according to King John's Charter The King in this Parliament or Colloquium requires Money for an Expedition into the Holy Land but for fifteen days there were great Contests about it till the King de novo confirmed King John's Charters and a solemn Excommunication was agreed upon to be pronounced against the Infringers of it and my Author saith Rex Magnates Communitas Populi protestantur in the Presence of the Venerable Fathers c. That they never consented or do consent that any thing be added or altered in the Charters but plainly contradict it so 3 May (p) Pat. 37 H. 3. m. 13. Anno 1253. in Westminster-Hall the Exemplification passed the Seal of the King and other great Men. But it is principally to be considered what is expressed in the Patent * Praefatus Dominus Rex in prolatione praefatae sententiae omnes libertates consuetudines Regni sui Angliae usitatas dignitates Jura Coronae
7th May 20 E. 3. runs thus Because that by divers complaints made to us we have perceived that the Law of the Land which we by our Oath are bound to maintain is the less well kept c. we greatly moved of Conscience in this matter c. by the assent of the great Men and other Wise Men of our Council We have ordained c. The Preamble to the Statute of Labourers (h) Idem Anno 1349. fol. 120. repealed 23 E. 3. was thus Upon deliberation and treaty with the Prelates and the Nobles and learned Men assisting us of their mutual assent ordained and that Statute for Labourers which remains in force 25 E. 3. saith Whereas it was ordained by our Lord the King and by assent of the Prelates Earls Barons and others of his Council c. It is apparent by several Records So one Knight for a County when two Burgesses 27 E. 3. So the King names one Knight one Citizen and one Burgess to be sent 43 E. 3. m. 2. That the Kings of England have not been tied to the certain number of Knights Citizens and Burgesses though for a long while two only have been chosen of each but heretofore sometimes but one other times two or three as that 18 E. 1. and 4 Knights 22 E. 1. Besides which liberty there is a (i) Cl. 24 E. 3. p. 2. m. 3. memorable Record in this Kings Reign wherein the King appointed the qualifications of such as were to be chosen Members of the House of Commons The Writ is directed to all the Sheriffs of England Quod de Comitatu tuo duos Milites c. de discretioribus probioribus Militibus Civibus Burgensibus ad laborandum potentioribus qui non sint Placitatores querelarum manutentores aut ex hujusmodi quaestu viventes c. sed homines valentes bonae sidei publicum commodum diligentes eligi Qualification of Members to be elected Pleading Lawyers Maintainers of Plaints and such as lived of such like gain were forbid to be chosen upon some particular Reason of State then inducing it of which I shall write something in the Chapter of Parliaments The other Preambles most (k) Pulton An. 1350. fol. 121.25 E. 3. Idem Anno 1350. fol. 125. Assent of the Commonalty remarkable in this Kings Reign are mostly By the assent of the Prelates Earls Barons and other great men and all the Commons or of all the Commonalty of the Kings Realm The King hath Granted Ordained Established c. The Statute for the Clergy (l) Idem Anno 1350. fol. 122. 25 Regni saith Our Lord the King seeing and examining by good deliberation the Petitions and Articles delivered to him in his Parliament c. by Simon Archbishop of Canterbury and other Bishops of his Province upon certain Grievances c. By the Assent of his Parliament by the assent of his Parliament for him and his Heirs willeth and granteth the Points underwritten The Statute of Provisors 25 E. 3. is (m) Id. 1350. fol. 129.25 E. 3. The King bound by his Oath to remedy Mischiefs and Damageâ— to his Realm by accord of his People in Parliament singular in its Preamble That whereas in the Parliament 15 E. 1. at Carlisle the Petition heard put before the said King and his Council in his said Parliament by the Commonalty of the said Realm containing c. whereupon the said Commons have prayed our Lord the King that sith the right of the Crown of England and the Law of the said Realm is such That upon the Mischiefs and Damages which happen to his Realm he ought and is bound by his Oath with the accord of his People in his Parliament thereof to make Remedy and Law and remove the Mischiefs and Damages which thereof ensue so pray the King thereupon to ordain Remedy The Statute of Provisors (n) Id. 135â— fol. 131. 27 E. 3. runs Our Lord the King by the Assent and Prayers of the Great Men and Commons of this Realm c. hath ordained The Statute of (o) Idem Anno 1353. fol. 133. Staple 27 E. 3. hath a singular Preface whereas good deliberation had with the Prelates Dukes Earls Barons and Great Men of the Counties that is to say of every County one One Knight for a County and so for Cities and Burroughs for all the Counties and so of Cities and Burroughs c. by the Council and common consent of the said Prelates c. Knights and Commons the King hath ordained c. In the 28. Princes are named after Prelates The Preamble of the Statute at (p) Idem Anno 1362. fol. 152. The Request of the Commons Westminster 36 E. 3. runs thus The King at the request of the Commons by their Petition delivered to him in the said Parliament by the Assent of the Prelates Dukes Earls Barons and other Great Men in the Parliament assembled have granted for him and his Heirs for ever the Articles underwritten In the Second Chapter of which it is said The King of his own Will without motion of the Great Men or Commons hath granted in ease of his People The Statutes made (q) Idem Anno 1368. fol. 159. 42 E. 3. have only At the Parliament of our Lord the King it is assented and accorded So in (r) Idem Anno 1369. fol. 190. 43 E. 3. The Prelates Great Men and Commons seeing the Mischiefs pray the King in this present Parliament thereupon to ordain Remedy The Preamble to the Statutes (s) Idem Anno 1376. fol. 191. 50 E. 3. runs thus The Prelates Dukes Earls Barons and others assembled at the Parliament c. Our Lord the King desiring much that the Peace of his Land be well kept and his faithful Subjects in quietness and tranquillity maintained hath therefore made and ordained certain Ordinances and also granted certain Graces and Pardons to his Commons of England In all which it is evident the Two Houses had no more but an Advising or Petitioning and Assenting Power It is every where expressed that the King solely Ordaineth Establisheth Granteth However he owns an obligation by his Coronation Oath to make good Laws for his Subjects CHAP. XXVII Of the Parliaments of England during the Reigns of King Richard the Second to the First Year of King James the Second THE Preface to the Statutes at (a) Pulton An. 1377. fol. 163. Westminster 10 R. 2. is thus Richard by the Grace of God c. to the Sheriff of Nottingham Greeting Know you That to the Honour of God c. by the whole Assent of the Prelates Dukes Earls and Barons of this our Realm Special Instance and Request of the Commons at the instance and special Request of the Commons of our Realm assembled at our Parliament We have ordained and established certain Statutes in amendment and relief of this our said Realm That at (b) Idem Anno 1378.
mixt and they rode from seven Years to seven Years These Justices in Eyre continued no longer than till Edward the Third's time for then as Mr. (m) Notes on Hengham p. 143. Justices of Assize Selden notes Justices of Assizes came in their Places though it is manifest that Justices of Assize were sooner begun For (n) Lib. 3. c. 10. Bracton mentions these Justices of Assizes in his time in these words Sunt etiam Justitiarii constituti ad quasdam Assisas duo vel tres vel plures qui quidem perpetui non sunt quia expleto negotio Jurisdictionem amittunt The form of the Writ in (o) Cl. 9 H. 3. m. 11. dorso 9 H. 3. is set down by Sir William Dugdale in which the King constitutes his Justitiarii to take the Assizes of new disseising and Delivery of the Gaol and the Command to the Sheriff is to cause (p) De qualibet Villa quatuor legales homines Praepositum de quolibet Burgo vel Villa mercanda duodecim legâ—les homines omnes Milites libere Tenentes c. four legal Men and the Provost out of every Village and twelve lawful Men out of every Market-Town and Borough and all the Knights and Free-Tenents that is all that held in Capite to do what the Justices should on the King's part appoint In 21 E. 1. (q) Placit Parliam 21 E. 1. num 12. another settlement was made that either discreet Justices should be assigned to take Assizes Jurats and Certificates throughout the whole Realm viz. for the Counties of York Northumberland Westmoreland Cumberland Lancaster Nottingham and Derby two In the Counties of Lincoln Leicester Warwick Stafford Salop Northampton Rutland Gloucester Hereford and Worcester other two In the Counties of Cornwall Devon Somerset Dorset Wiltshire Southamptom Oxford Berks Sussex and Surrey two For the Counties of Kent Essex Hertford Norfolk Suffolk Cambridge Huntingdon Bedford and Bucks two and that the Assizes c. of Middlesex should be taken before the Justices of the Bench. (r) Mâ—ltis vigiliis excegitata inventa fuit recuperandâ—e possessionis gratia ut per summariam cognitionem absque magna Juris solennitate quasi per compendium negotium terminetur Lib. 4. sol 164 b. Bracton speaking of the Writ called Assiza novae disseisinae saith it was found out and contrived by much Vigilance for the recovering of Possessions by a summary or speedy Conusance without great Solemnity of the Law that the business might be compendiously determined For before at Common-Law Assizes were not taken but either in the Bank or before Justices in Eyre which was a great delay to the Plaintiff and a great molestation and vexation of the Recognitors of the Assize therefore in Magna Charta the Assizes are appointed to be taken in the respective Counties and the Patents to Justices of Assize run thus (s) See the Patent Clause and Fine-Rolls from King John to Edw. 4. Sciatis quod constituimus vos Justiciarios nostros una cum hiis quos vobis associaverimus ad omnes Assisas c. in Com. c. arainandas capiendas c. facturi inde quod ad Justitiam pertinet secundum legem Consuetudinem Regni vostri Angliae Salvis nobis amerciamentis inde provenientibus The Justices of Nisi Prius (t) Ad exonerationem Juratorum ad ceâ— lerem justitiam in ea parte exhibendum Stat. de Finibus 27 E. 1. c. 4. were first instituted by the Statute of Westm Justices of Nisi Prius 2. and their Authority is annexed to the Justices of Assize These Justices were instituted for two principal Causes for the ease of Jurors and for the speedy exhibiting of Justice SECT 8. Justices of Oyer and Terminer AS to the Justices of Oyer and Terminer they are appointed either by (u) Coke 4. Inst fol. 162. general or special Commission By general Commission they are to enquire of Treasons Misprisions of Treason Insurrections Rebellions Murders Felonies Manslaughter (w) Interfectionibus Killing Burglaries Rapes of Women unlawful Assemblies Conventicles (x) Verborum prolationibus false News Combinations Misprision Confederacies false Allegations Riots Routs Retainings Escapes Contempts Falsities Negligences Concealments Maintenances Oppressions Combinations (y) Cambipartiis of Parties Deceits and other ill Deeds Offences and Injuries whatever and to do thereupon what appertains to Justice according to the Law and Custom of the Kingdom Special Commissions were not granted unless for enormous (z) Nisi pro â—nermi transgressione ubi necesse apponere festinum remedium Cl. 14 E. 3. part 1. m. 41. dorso Hil. 2 H. 4. Rot. 4. Mich. 1 H. 8. Transgressions where there was a necessity of speedy Remedy In some cases we find the Justices of Oyer and Terminer have upon an Indictment found proceeded the same day against the Party indicted So Thomas Marks Bishop of Carlisle before Commissioners of Oyer and Terminer was Indicted tryed and adjudged all in one day for High-Treason Likewise Sir Richard Empson was indicted of High-Treason and tried all in one day So Robert Bell 10 Dec. 3 E. 6. and 10 Eliz. 4 Aug. John Felton was before Commissioners of Oyer and Terminer in London indicted of High-Treason and tried the same day by the advice of all the Judges of England SECT 9. Of the Kings Erection of Courts IN some Cases the King may erect new Courts of Justice What new Courts the King may erect and grant Conusance of Pleas to a Corporation to be kept after the Rules of the Law not in a way of a Court of Equity but may not alter the great Courts at Westminster that have been time out of mind nor erect a new Court of Chancery Kings-Bench Common Pleas Exchequer c. Although in a proper Court such as our Chancery a Judge of Equity be allowed yet if it were permitted in all other Courts to expound the Law against the letter and perhaps the meaning of the Makers according to Conscience as we speak there would soon be introduced absoluteness and Arbitrary Power Therefore great Care is taken by those that understand the Law that matters be not left to the discretion of any Persons Commissionated by the King to adjudge of any Causes So the plausible Statute (b) 11 H. 7. c. 3. of H. 7. to put in Execution the Penal Laws impowering Justices of Assize and of Peace upon Information for the King by their Discretion to hear and determine all Offences and Contempts against any Statute unrepealed was found to have Authorised Empson and Dudly to commit upon the Subject unsufferable pressures and oppressions So that (c) 1 H. 8. c. 6. soon after that Kings death it was repealed and those two brought to Tryal and executed for their oppressions So the Statute (d) C. 2. 8 E. 4. of Liveries c. by the discretion of the Judges to stand as an Original is deservedly repealed In
few Years In Three Books The Whole illustrated with divers accurate Maps and Figures Written originally in Italian by Adam Oliarias Secretary to the Embassie Rendred into English by John Davies of Kidwelly The Second Impression The History of the Execrable Irish Rebellion trac'd from many preceding Acts to the Grand Eruption October 23. 1641. and thence pursued to the Act to Settlement in 1662. The Journals of all the Parliaments during the Reign of Queen Elizabeth both of the House of Lords and House of Commons Collected by Sir Simon D' Ewes of Stow-Hall in the County of Suffolk Knight and Baronet Revised and published by Paul Bowes Esq of the Middle Temple I Ragguagli di Parnasso or Advertisements from Parnassus in Two Centuries With the Politick Touchstone Written originally in Italian by that Famous Roman Traâ—ano Bocalini And now put into English by the Right Honourable Henry Earl of Monmouth Cosmography and Geography In Two Parts The First containing the general and absolute Part of Cosmography being a Translation from that eminent and much-esteemed Geographer Varenius wherein are at large handled all such Arts as are necessary to be understood for the true knowledge thereof To which is added the much wanted Schemes omitted by the Author The Second Part being a Geographical Description of the World taken from the Notes and Works of the Famous Monsieur Sanson late Geographer to the French King To which is added about One hundred Cosmographical Geographical and Hydrographical Tables of several Kingdoms and Isles in the World with their Chief Cities Sea-Ports Bays c. Drawn from the Maps of the said Sanson Illustrated with Maps The Annals of King James and King Charles the First of ever Happy Memory containing a faithful History and impartial Account of the Great Affairs of State and Transactions of Parliaments in England from the Tenth Year of King James 1612. to the Eighteenth of King Charles 1642. Wherein several material Passages relating to the late Civil Wars omitted in former Histories are made known A perfect Copy of all the Summons of the Nobility to the Great Councils and Parliaments of this Realm from the Forty ninth of King Henry the Third until these present Times With Catalogues of such Noblemen as have been summoned to Parliament in Right of their Wives and of such other Noblemen as derive their Titles of Honour from the Heirs Female from whom they are descended and of such Noblemens Eldest Sons as have been summoned to Parliament by some of their Fathers Titles Extracted from Publick Records by Sir William Dugdale Knight Garter Principal King at Arms. The History of the Affairs of Europe in this present Age but more particularly of the Republick of Venice Written in Italian by Baptista Nani Cavalier and Procurator of St. Mark Englished by Sir Robert Honywood Knight The History of Barbadoes St. Christophers Mevis St. Vincents Antego Martinico Monserrat and the rest of the Caribby-Islands in all Twenty eight In Two Books The First containing the Natural the Second the Moral History of those Islands Illustrated with several Pieces of Sculpture representing the most considerable Rarities therein described The Works of the Famous Nicolas Machiavell Citizen and Secretary of Florence Written originally in Italian and now faithfully translated into English A Compleat Treatise of Preternatural Tumors both General and Particular as they appear in Humane Bodies from Head to Foot To which also are added many excellent and Modern Historical Observations concluding most Chapters in the whole 〈…〉 Discourse The Present State of the Ottoman Empire from the Year 1623. to the Year 1677. Containing the Reigns of the Three last Emperors viz. Sultan Morat or Amurat the Fourth Sultan Ibrahim and Sultan Mahomet the Fourth his Son the Thirteenth Emperor By Sir Paul Ricaut late Consul at Smyrna The History of the Cardinals of the Roman Church from the time of their first Creation to the Election of Pope Clement the Ninth With a full Account of his Conclaves In three Parts Written in Italian by the Author of the Nepotismo di Roma The World Surveyed or The Famous Voyages and Travels of Vincent le Blanc of Marcelles into the East and West Indies Persia Pegu Fez Morocco Guinny and through all Africa and the Principal Provinces of Europe A General Collection of Discourses of the Virtuosi of France upon Questions of all sorts of Philosophy and other Natural Knowledge Made in the Assembly of the Beaux Esprits at Paris by the most Ingenious Persons of that Nation Englished by G. Havers In two Volumes A Treatise of the Sibyls giving an Account of the Names and Numbers of them of their Qualities the Form and Matter of their Verses and of their Books Written in French by David Blondell Englished by Jo. Davis of Kidwelly Tracts written by John Selden Esq of the Inner Temple The first entituled Jaâ—â— Anglorum Facies altera Rendred into English with large Notes thereupon by Redman Westcoat Gent. The second England's Epinomis The third Of the Original of Ecclesiastical Jurisdictions of Testaments The fourth Of the Disposition or Administration of Intestate Estates Printed for Tho. Basset and R. Chiswell and sold by R. Clavell Basilica Chymica Praxis Chymiatrica or Royal and Practical Chymistry augmented and enlarged By John Hartman To which is added His Treatise of Signatures of Internal Things or a true and lively Anatomy of the Greater and Lesser World as also the Practice of Chymistry of John Harâ—man M. D. augmented and enlarged by his Son with considerable Additions All faithfully Englished by a Lover of Chymistry The Compleat Chymical Dispensatory in Five Books treating of all sorts of Metals Precious Stones and Minerals of all Vegetables and Animals and Things that are taken from them as Musk Civet c. How rightly to know them and how they are to be used in Physick with their several Doses The like Work never extant before Being very proper for all Merchants Druggists Chirurgeons and Apothecaries and such Ingenious Persons as study Physick or Philosophy Written in Latin by Dr. John Scroder that most Famous and Faithful Chymist and Englished by William Rowland Doctor of Physick The Royal Pharmacopaea Galenical and Chymical according to the Practice of the most Eminent and Learned Physicians of France and published with their several Approbations By Moses Charâ—as the King 's Chief Operator in his Royal Garden of Plants Faithfully Englished and illustrated with several Copper Plates An Abridgment of divers Cases and Resolutions of the Common Law Alphabetically digested under several Titles By Henry Rolls Serjeant at Law Published by the Lord Chief Baron Hales and approved by all the Judges The Reports of Sir George Croke Knight In three Volumes in English Allowed of by all the Judges The second Edition carefully corrected by the Original Les Reports de Henry Rolle Serjeant del ' Ley de divers Cases en le Court del ' Banke le Roy en le Temps del ' Reign de Roy Jaques Colligees
par luy mesme Imprimees par l' Original Brief Animadversions on Amendments of and Additional Explanatory Records to the Fourth Part of the Institutes of the Laws of England concerning the Jurisdiction of Courts By William Prynne Esq Brevia Judicialia or An exact Collection of approved Forms of all sorts of Judicial Writs in the Common Bench together with their Returns By Richard Brownlow Thesaurus Brevium or A Collection of approved Forms of all sorts of Original and Judicial Writs in the King's Bench with their special Directions By J. C. Folio stitch'd The Order of the Installation of Henry Duke of Norfolk Henry Earl of Peterborough and Laurence Earl of Rochester Knights and Companions of the most Noble Order of the Garter in the Royal Chappel of St. George at Windsor July 22. 1685. The General Catalogue of Books English and Latin continued from the Year 1666. to the end of Michaelmas Term 1685. The late Proposals of Union among Protestants Review'd and Rectified Being a Vindication of the most Reverend Father in God Edwin Lord Archbishop of York and the Reverend Dr. Tillotson Dean of Canterbury from the Misprisions of an Apocryphal Proposer with a full Answer to his Proposal presented to the Parliament Books in Quarto An Historical Vindication of the Divine Right of Tythes from Scripture Reason and the Opinion and Practice of Jews Gentiles and Christians in all Ages Designed to supply the Omissions answer the Objections and rectifie the Mistakes of Mr. Selden's History of Tythes Part I. The second Edition corrected and amended By Thomas Comber D. D. Praecentor of York An Historical Vindication of the Divine Right of Tythes which is further proved by Scripture and Antiquity and illustrated by the Solemn Consecration and great Convenience of them With an Answer to the Objections of other Authors against them Part II. To which is added A Discourse concerning Excommunication By Thomas Comber D. D. Praecentor of York Brutum Fulmen or The Bull of Pope Pius the Fifth concerning the Damnation Excommunication and Deposition of Queen Elizabeth as also the Absolution of her Subjects of their Oath of Allegiance with a peremptory Injunction upon pain of an Anathema never to obey any of her Laws or Commands With some Observations and Animadversions upon it By Thomas Lord Bishop of Lincoln Whereunto is annexed the Bull of Pope Paul the Third containing the Damnation Excommunication c. of King Henry the Eighth The Protestant Peace-maker or A seasonable Perswasive to all serious Christians who call themselves Protestants That laying aside Calumnies and all exasperating Disputes they would pursue Charity Peace and Union as the only means now left us of Safety and Reformation of the Publick Manners With a Postscript or Notes on Mr. Baxter and some other late Writings for Peace By Edward Lord Bishop of Cork and Ross in Ireland A Treatise of Spousals and Matrimonial Contracts Wherein all the Questions relating to that Subject are ingeniously Debated and Resolved By Mr. Henry Swinburne Author of the Treatise of Wills and Testaments The Geometrical Key or the Gate of Equations unlocked A new Discovery of the Construction of all Equations howsoever affected not exceeding the Fourth Degree viz. of Linears Quadratics Cubics Biquadratics and the finding of all the Roots as well false as true without the Use of Mesolabe Trisection of Angles without Reduction Depression or any other previous Preparation of Equations by a Circle and any and that but one only Parabole and this by one only General Rule and than which a more Simple more Perfect more General more Easie to be understood or more fit for Practice cannot be devised or wished for Fortified with Demonstrations illustrated with Figures to each Equation and exemplified with Numeral Equations according to all the variety of Cases adapted to each Figure By Thomas Baker Fellow of the Royal Society The History of Gavelkind with the Etymology thereof containing a Vindication of the Laws of England together with a short History of William the Conqueror By Silas Taylor Quarto stitch'd Bishop of St. David's Answer to Sidney's Speech A short Way to a lasting Settlement Billa Vera or An Arraignment of Ignoramus Verbum dici A Word in season An Admonition to a Deist The Compleat Conformist or Seasonable Advice concerning strict Conformity and frequent Colebration of the Holy Communion By Dennis Grenville D. D. Dean of Durham Religion and Loyalty supporting each other or A Rational Account how the Loyal Addressers maintaining the Lineal Descent of the Crown is very consistent with their Affection to the establish'd Protestant Religion Dr. Standish's Sermon at the Temple before the Lord Mayor of London at the Assize at Hartford Elston's Visitation-Sermon before the Bishop of Exeter Laxton at the Funeral of Christoph Sherrard Esq Warren of Religious Loyalty of the End of Christ's Advent Weâ—ge of the Excellency of Man's Soul Davison of the Fall of Angels Dr. Morrice his Sermon 30 Jan. before the King Bishop of Ely's Sermon 30 Jan. At the Coronation of King James the Second and Queen Mary Dr. Gower's Sermon on Christmas-day 1684. Archbishop of Tuam's Sermon before the King at Windsor Dr. Comber's Sermon of Oaths Plays Andronicus Commenius a Tragedy By Jo. Wilson Heracleus Emperor of the East a Tragedy By Lodowick Carbel Esq Lancashire Witches Books in Octavo large Short Discourses upon the whole Common Prayer design'd to inform the Judgment and excite the Devotion of such as daily use the same By Tho. Comber D. D. Praecentor of York The Mystery of Rhetorick unveil'd Wherein above 130 of the Tropes and Figures are severally derived from the Greek into English together with lively Definitions and variety of Latin English Scriptural Exampâ—es pertinent to each of hem apart Eminently delightful and profitable for young Scholars and others of all sorts enabling to discern and imitate and Elegancy in any Author they read c. By John Smith Gent. The Art of Chymistry as it is now practised Written in French by P. Thybault Chymist to the French King and Englished by W. A. Doctor in Physick and Fellow of the Royal Society Aurora Chymica or A Rational Way of preparing Animals Vegetables and Minerals for a Physical Use by which Preparation they are made most efficacious safe and pleasant Medicines for the Preservation of the Life of Man By Edw. Bolnest Med. Reg. Ord. A Compleat Treatise of Preternatural Tumors both General and Particular as they appear in Humane Bodies from Head to Foot To which also are added many excellent and Modern Historical Observations concluding most Chapters in the whole Discourse Collected from the Learned both of Ancient and Modern Physicians and Chirurgeons The Chirurgeons Store-house furnished with Forty three Tables cut in Brass in which are all sorts of Instruments both Ancient and Modern useful for the performance of all Manual Operations with an exact Description of every Instrument together with 100 choice Observations of Famous Cures performed with three Indexes 1. Of