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A34717 The forme of government of the kingdome of England collected out of the fundamental lawes and statutes of this kingdome : wherin is manifested the customary uses of the kings of England upon all occasions, either of marriage, peace or warre, to call their peeres and barons of the realme to be bartners [sic] in treatizes, and to give their judicious advice : the state and security of the whole kingdome depending upon such counsells and determinations : likewise the names of the kings and the times when such Parliaments were called, and the acts that passed upon those and the like occasions : Henry I, Iohn, Henry 3, Edward I, Edward 2, Edward 3, Richard 2, Henry 4, Henry 5, Henry 6, Edward 4, Henry 7, Henry 8 : published for the satisfaction of all those that desire to know the manner and forme of the government of the land, and the fundamentall lawes of the kingdome. Cotton, Robert, Sir, 1571-1631. 1642 (1642) Wing C6492; ESTC R21849 10,966 24

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THE FORME OF GOVERNEMENT OF THE KINGDOME OF ENGLAND Collected out of the fundamental Lawes and Statutes of this Kingdome Wherin is manifested the customary uses of the Kings of England upon all occasions either of Marriage Peace or Warre to call their Peeres and Barons of the Realme to be bartners in Treatizes and to give their juditious advice the State and security of the whole Kingdome depending upon such Counsells and determinations Likewise the names of the Kings and the times when such Parliaments were called and the Acts that passed upon those and the like occasions Henry 1 Iohn Henry 3 Edward 1 Edward 2 Edward 3 Richard 2 Henry 4 Henry 5 Henry 6 Edward 4 Henry 7 Henry 8 Published for the satisfaction of all those that desire to know the manner and forme of the Governement of the Land and the fundamentall Lawes of the Kingdome London Printed for Tho. Bankes 1642. That the Kings of England have beene pleased usually to consult in their great Counsells of Marriage Peace and Warre with their Peeres and Commons in PARLIAMENT TO search so high as the Norman Conquest it is necessary to lay downe the forme of Government of those times wherein the State of affaires led in another forme of publique Councels For the people wrought under the Sword of the first William and his followers to a subjected Vassaladge could not possesse in such Assemblies the Right of their former Liberties Divisions and Power having mastered them and none of their old nobility and Heads being left either of credit or fortunes What he retained not in providence as the Demeasnes of the Crowne or reserved in Piety as the maintenance of the Church he parted to those Strangers that sayled along with him in that Barque of his Adventure leaving the Natives for the most part as it appeares by his Survey in no better condition then villany moulding their Customes to the manner of his owne Countrey and forbore to grant the Lawes of Saint Edward so often called for To supply his occasions of men money and p●o 〈…〉 on hee ordered that all those that enjoyed any fruit of his Conquest should hold their Lands proportionable by so many Knights fees of the Crowne admitted them to enseoffe their followers of such part● as they pleased of their own portions which to ease their charge they did in his and his sonnes time by two Feoffments the one de novo the other de veteri This course provided him of the body of his warre the money and Provision was by headage assested the common people by the co●sent of their Lords who held in all their Seigniories such Right of Regalitie as to their Vassalles so as saith Paris quot Domini tot Tyranni and proved to the King so great a curbe and restraint of power that nothing f●ll into the Care of Maiestie afterward more then ●o retrench the force of this Aristocracy that was in time like to strang●e the Monarchy Though others foresaw the mischiefe betimes yet none attempted the remedy untill King Iohn whose overhastie undertaking brought in those broyles of t●e Barrons warres There needed not before this any ca●e to advise with the Commons in all publique Assembly when every man in England by Tenure held himsel●e ●o his great Lords will whose presence was ever required in those Councells and in whose assent his dependant Tenants consent was ever included Before this Kings time then we seeke in vaine for any Commons called they were called ever for making of Lawes but not to consult touching warre or Peace T●e fi●st as may bee gathered though darkely by the Records that used their Counsells and Assents was t●is King in the sixt yeare of his Raigne here are the first summons on record to the Peeres or Barrons tractaturi de magnis ardius negotiis It was about a warre of defence against the French And that the Commons were admitted at this time may fitly be gathered by the ordinance Provisum est communi assensu Archiepiscoporum Comitam Baronum aliorum fidelium nostrorum Angliae quod nomen milites Angliae invenirent decimum c. And this was directed to all the Shirefs in England The auncient use in publique lawes From this time there is a breach untill 18. Hen. 3. where the next Summons extant is in a Plea Rolle of that year but the ordinances are lost from thence the Records afford us no light untill the 49 of the same King where then the Summons to the Bishops Lords Knights and Burgesses are much in manner though not in matter alike to the use in our times this Parliament was called to advise with the King pro pace assecuranda firmanda they are the words of the writt and where advice is required consultation must be admitted To this King succeeded Edward the first his Sonne a wise just and fortunate Prince In his Raigne we have no light of publique Councell of this kind And so along to the fourth of his Granchild but what we borrow out of the Rolles of Summons wherein the forme stood various according to the occasions untill it grew constant in the forme it is about the entring of Richard the second the Journall Rolles being spoiled by the injury of time or private ends This King in the fift of his Raigne called a Parliament and therein advised with his Lords and Commons for suppressing Llewellin Prince of Wales And hearing that the French King intended to invade some peeces of his inheritance in France summoned a Parliament ad tractandum ordinandum faciendum cum Prelatis Proceris aliis Inco●is Regni quomodo huiusmodi periculis excogitatis militiis sit obviandum inserting in the writt that it was Lex notissima provida circumspectione stabilita that that quod omnes tangit abomnibus approbaretur In the thirty fourth of his Raigne super ordinatione stabilimento Regni Scotie he made the like convention His Sonne the second Edward pro solempnitate Sponsalium Coronationis consulted with his people in his first yeare in his sixth yeare super diversis negotiis statuum Regni expeditione Guerre Scotie specialiter tangentibus he assembled the States to advise the like he did in his eight yeare The French King having invaded Gascoigne in the thirteenth yeare the Parliament was called super arduis negotiis Statuum ducatus Vasconie tangentibus And in the sixteenth to consult ad refraenandum Scotorum obstinantiam malitiam Before Edward the third would resolve in his first year whether Peace or warre with the Scotish King he summoned the Peeres and Commons super praemissis tractare concilium impendere The Chancellour Anno the fifth declareth from the King the cause of that Assemby that it was to consult and resolve whether the King should proceed with
Lords for Guard of the Sea and make many Ordinances to which the King assented the Peace with the merchants of Pruce and the Hanstowns is debated and a Proclamation published as they resolve by the Speaker the Commons complain of 96. peeces of Ordinance lost in Guyen the yeare before the need of defence for the Borders and Guard of the Sea coasts To suppresse the Rebellion in Wales and the disloyalty of the Earle of Northumberland they humbly desire that the Prince may be dispatched into those parts with speed and to have a vigilent eye of the Scottish Prisoners In the tenth the Parliament is commanded to give their advice about the truce of Scotland and preparation against the malice of the French His Sonne the wise and happy undert●ker consulteth with the Parliament in his first yeare how to cherish his Allies and restrain his Enemies for this there wa● a select Committee of the Commons appointed to confer with the Lords the matter being entered into a Schedu●e Touching Ireland Wales Scotland Calice Guyen Shipping Guard of the Seas and wary provision to repulse the Enemy In the Second he openeth to the Parliament his title to France a quarrell he would prosecute to death if they allowed and ayded death is in this Assembly enacted to all that either break the Truce or the Kings safe conduct The year following peace being offred by the French King and the King of the Romanes arrived to effect the worke the King refuseth any conclusion untill he had thereunto the advice and assent of his Lords and Commons which occasion the Chancellour declareth to that Assembly In the fourth and fifth no peace concluded with France the King calleth the State together to consult about the Warre concluding a Treaty of Amitie with Sigismund King of the Romanes by the allowance of the three States and entreth the Articles in the Iournall Rolle In the same yeare by the Duke of Bedford in the Kings absence a Parliament was called to the former purposes as it appeareth by the Summons though in the Rolle omitted The like in the seaventh year And the Treaty with France is by the Prelates Nobles and Commons of the Kingdome perused and ratified in the tenth yeare of this King His Sonne more holy then happy succeeded and adviseth in the second year with the Lords and Commons for the well keeping of the peace with France consulteth with them about the delivery of the Scottish King and the conclusion is confirmed by common assent In the third yeare they are called to advise and consent to a new Article in the league with Scotland for charge of Hostage and in the ninth yeare conclude of certain persons by name to treate a peace with the Dolphin of France The Treaty of Arras whether the Pope had sent as mediators two Cardinals not succeeding the King in Parliament Anno 14. sheweth that he must either loose his Title Style and Kingdome of France or else defend it by force the best meanes for provision whereof he willeth them to advise him He summoneth again the next year the same Councel to advise how the Realme might be best defended and the Sea kept safe against the Enemies In the twentith the Commons exhibite a Bill for Guard of the Se● the number of ships assesse wages and dispose of Prizes if any fortune To which the King accordeth And that the Genowaies might be declared Enemies for ●ssisting the Turk in spoyle of the Knights of Rhodes And that the priviledge of the Pruce and Hanstownes might be suspended untill composition be made to the English for wrongs they had done them To the which in part the King accordeth The King by the Chancellour declareth in Parliament that the Marriage with Margaret the King of Sicily his daughter was contracted For induceing the peace made with France Against the which the Lords not by their advise effected make a protestation and enter it on the Rolle The King intending to passe in person into France there to treat of Peace with the King adviseth with His Lords and Commons in Parliament and letters of Mart are granted against the Brittaines for spoyles done to the English Marchants The Lord Hastings and the Abbot of Glou● declare in Parliament the preparation of the French the Breach by them of the Peace the weake defence of Normandy and the expiration shortly of the Truce requiring speedy advice and remedie It injoyned the Parliament to provide for the Defence of the Sea and Land against the French It was commanded by the King to the States assembled to advise for the well ordering of his House payment of his Souldiers at Calice Guard of the Seas raysing of the Seige at Berwike made by the Scots against the Truce Disposing of 1300. Souldiers arrayed the last Parliament According of differences amongst the Lords restraining the transportation of Gold and Silver and quieting the disorders in Wales of all which Committees are appointed to frame Bills Edward the fourth by the Chancellour declareth to the Lords and Commons that having made peace with Scotland entred league with France and Denmark contracted with Burgundy and Brittaine for their aide for the recovery of his right in France he had now assembled them to give their Cousell in proceeding which charge in a second Session was again pressed unto them The like was at another Parliament held in the eleventh yeare After this time the Journals of Parliament have bin either not well preserved or not carefully entred for I can find of this nature no Records untill the first of Henry the seaventh wherein the Commons by Thomas Lov●ll their speaker petition the King to take to wife Elizabeth the daughter of Edward the fourth to which the King at their request doth agree The next is the third of Henry the eighth in which from the King the Chancellour declareth to the States the cause of that Assembly to be first to advise a course for resisting the innovation of the Scots the next how to quiet the quarrell between the King of Castile and the Duke of Gelders lastly for assisting the Pope against Lewes of France whose Bull expressing the injuries done the Sea Apostolique was read by the Master of the Rolles in open Parliament after which the Chancellour There and other Lords were sent downe unto the Commons to confer thereof The last is in the two and thirtieth yeare wherein the Chancellour remembring the many troubles the State had undergone in doubtful Titles of Succession declareth that although the convocation had judged void the marriage with Anne of Cleve yet the King would not proceed without the Counsell of the States whereupon the two Arch-bishops are sent downe to the Commons with the sentence sealed which being there discussed they passe a Bill against the Marriage In all these passages of publique Counsels I still observe that the Soveraigne Lord either in best advise or most necessitie would entertaine the Commons with the weightiest causes either forreine or domestique thereby to apt them and bind them to a readines of Charge And they as warily avoiding it to shine expence FJNJS William the Conqueror Domesday Edmerus Huntington Ex Libro feodorum in Sccio Hen. 1. stat Ex Libro rubro Sccij Chronicon de Durst●ble Paris Benedict monac in vita H●n 2. Gervasins Doubo Iohn Roger Wendon Claus. 6. Io. in dors Claus. 6 Io. pt. 2. in dors Hen. 3. Plita de Bau co 18. Hen. 3 Claus. 49. Hen. 3. iij An. 11. Dors Edw. 1. Ex Rot. part in Archinis Loud Claus 5. Edw. 1. iij 12. Dors. Claus. 7. E. 1 iij 3. Dors. Claus. 34. E. 1. Dors. Edw. 2. Claus. 1. E. 2. iij 19. Claus. 6. E. 2. iij 3. Claus. 8. E. 2. iij 3. Claus. 13 E. 2. iij 13. Dors. Claus. 16. E. 2. iij 27. Edw. 3. Claus. 1. E. 3. Rotl Parl. 5. Edw. 3. Parl. 6. E. 3. Rotl Parl. 6. Edw. 3. Ses 2 ij 6. Rotl Parl 7 Edw. 3. Rotl Parl. 7. Edw. 3. Sess. 2. ij 6. Parl. 13. Edw. 3. Rot. Parl. 13. Edw. 3. Sess. 2. da Parl. 14. E. 3 Parl. 15. E 3. Parl. 17. E. 3 Iohn 21. Parl. 18. Edw. 3. Parl. 21. E●w 3. Parl. 25. Edw. 3. Parl. 27. Edw. 3. Parl. 36. Edw. 3. Parl. 4● E●w 3. Vrbane 5. Parl. 43. Edw. 3. Parl. 45. Edw. 3. Parl. 46. Edw. 3. Parl. 50. Edw. 3. Parl. 51. Edw. 3. Rich. 2. Parl. 1. Ric. 2. anno 5. stat 6. Parl. 2. Ric. 2. anno 2. Parl. 3. Ric. 2. anno 7. Vrban 6. Parl. 4. Ric. 2. anno 2.3 Parl. 5. Ric. 2. Sess. 1. Parl. 5. Ric. 2. Sess. 2. Parl. 6. Ric. 2. Sess. 1. Parl. 6. Ric. 2. Sess. 2. Parl. 7. Ric. 2. Sess. 1. Sess. 2. Parl. 8. Rich. 2. Claus. 9. Rich. 2. Parl. 10. Rich. 2. Parl. 13. Rich. 2. Claus. 13. Rich. 2. Boniface 9. Parl. 14. Rich. 2. Parl. 15. Rich. 2. Parl. 17. Rich. 2. Hen. 4th Parl. 5. H. 4. Parl. 6. H. 4. Claus. 7. Hen. 4. iii 33 iii 57 iii 59. Parl. 10. Hen. 4. Hen. 5. Parl. 1. Hen. 5. Anno 9. Parl. 2. Hen. 5. Rot. Parl. An. 3. Hen. 5 Parl. 4. 5. Hen. 5. Parl. 5. H. 5. Parl. 7. H. 5. Parl. 10. Hen. 5. Hen. 6th Rot. Parl. 2. Hen. 6. Rot. Parl. 3. Hen. 6. 9. Hen. 6. Eugenius 4.14 Hen. 6. Parl. 15. Hen. 6. Anno. 20. Hen. 6. Anno. 23. Hen. 6. Parl. 25. Hen. 6. Anno 3. Anno. 27. Hen. 6. Anno 29. Hen. 6. Anno. 33. Hen. 6. Edw. 4. Anno 7. Anno 11. Edw. 4. Hen. 7. Parl. 1. Hen. 7. Hen. 8 Rot. Parl. 3. Hen. 8. Iulius 2. Rot Parl. 32. Hen 8. Ex instrument Original