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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A59386 Rights of the kingdom, or, Customs of our ancestors touching the duty, power, election, or succession of our Kings and Parliaments, our true liberty, due allegiance, three estates, their legislative power, original, judicial, and executive, with the militia freely discussed through the British, Saxon, Norman laws and histories, with an occasional discourse of great changes yet expected in the world. Sadler, John, 1615-1674. 1682 (1682) Wing S279; ESTC R11835 136,787 326

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full and clear Parliament We need not suspect or doubt it for in those very times there were such Parliaments and such degrees Nay Caesar himself found such degrees among the Britains a King and Druyds which were as Bishops and Archbishops as we may clear anon Dukes and Nobles besides the Commons So civil was our British Ancestors Of whom much more ere long And for the very first times of Christian Religion which was much higher than Austin the Father who might have been great Grandfather to Austin the Monk King Alfred's own Laws acknowledge that in this Island the Laws were then made by a Common Council of Bishops and other Wise men or elder men of the Wytan Old Bede seemeth plain enough for this in several places Servabant Reges Sacerdotes Privati Were the Commons before the Lords Optimates suum quique Ordinem And of the Saxons called in by Common Council Initum est Concilium quid agendum c. placuitque omnibus cum suo Rege Vortigorno ut Saxonum gentem in auxilium vocarent And of Ethelbert King of all the South to the River Humber Among other good works saith he quae consulendo conferebat etiam decreta Iudiciorum juxta exempla Romanorum Concilio Sapientiunt constituit And among other Laws of his in the same Bede that is one in special for Priviledge Ecclesiae Episcopi Reliquorum ordinum That this might also extend to the great Priviledge of Parliaments I could the rather believe from the Laws of the said King Ethelbert yet to be found in the old book of Rochester Textus Roffensis of which Sir Henry Spelman unto whom we owe so much for all Antiquities Where after provision for the things of God and the Church to which St. Edward's Laws allude the next Act is for Priviledge of Parliament it seems being for the punishing and sore fining of those that should do any damage Gif Kyning his Leode to him gehateth c. And in the old Chronicle of Canterbury we read of this King Ethelbert being at Canterbury with his Queen and Son and the Archbishop Austin Caeterisque Optimatibus convocato ibidem Communi Concilio tam Cleri quàm Populi With divers other proofs for Parliaments in Charters to that Church in print And Spot deserves as much One thing I must not omit that Bede observing how Religion was preached both to the King and to the Counts omnibus Comitibus saith there was a License granted for publick Preaching but when the King and divers great men were converted and baptized yet there was no force used to compel others to be of that Religion because he saith they were taught that Christs service must be voluntary and not forced But the Mirrour telleth us the King was bound to compel men to Salvation O happy men or unhappy King But the Britains would not be forced from their Rites by Austin the Monk Absque suae gentis imprimis Senatorum suffragio as a learned man translates King Alfred's Saxon Bede Which is also very clear in several places for setling of Christian Religion when it was freely chosen with destruction of Pagan Idolatry with Lent and other things confirmed by divers Acts of Parliament in time of Ercombert and King Edwin Mid his Witum mid his Ealdormanum So is the old Book of Peterburgh for a Parliament or Heatfield With which we may compare somewhat in Ingulph and more in Bede Ethelward and Huntingdon about the Parliaments which received and consirmed the General Councils and that which established the Division of Parishes and Patronage of Churches Of which Stow and the Antiquities of Canterbury but especially a Manuscript in Camdridge cited by Mr. Wheelock on the fourth or fifth of Bede I should not digress to Sigesberts founding the Vniversity of Cambridge had not King Alfred himself in this added good Notes to Bede By which we may see whence he learned what so many say he did to Oxford the younger Sister For which Polydore is plain enough besides so many better elder Authors It is also considerable that King Alfred calleth Cambridge or Grantacestre a City which Bede would make a Civitatula How little it might then be made by the Danes or others I know not But in old Nennius of the British Cities I find Cair Granth next before Cair Londen And Sir Simon d' Ewes affirmeth it to be ranked before London in Gildas Albarius and an old Saxon Anonymus besides that of the old but not the oldest book of Doomsday Nor must I omit the Records of Richard the First for the Customs of the City of Cambridge found by a Jury in an Assize of Darrein Presentment for the Church of St. Peters in Cambridge Of which the great Judge in his Reports or Commentaries To which I might adde what the Saxon Chronology speaketh of Grante Briege at the year 875 and 921 where we also find an ancient Military Sacrament or great Oath of Fealty more to be marked than may seem at first view Come we to the Saxon Laws extant in print They begin with King Ina whom some will have to be a Britain But in the Confessors Acts he is stiled Optimus Rex Anglorum qui electus fuit in Regem per Angelum qui primum obtinuit Monarchum Totius Regni hujus post adventum Angliorum And that himself and others of his People matched with the Britains But per Communae Concilium assensum omnium Episcoporum Principum Comitum omnium Sapientum Seniorum Populorum totius Regni Not onely a clear proof for Parliaments in King Ina's time but a good Comment on his Laws in print Providing about Matches Dowries and Women's Thirds and all by Parliament as the Proem it self expresses beside King Edward's Laws And for the Saxon Militia a Phrase used by Bede himself Nam egressi contra Gevissorum gentem omnes pariter cum suà Militia corruerunt King Ina's Laws afford us divers Acts of Parliament providing against Thieves Riots Routs and all unlawful Assemblies in several degrees and branches As also for Officers of the Militia to be ready on a great Fine to march upon all just occasions With which we may compare Mr. Lambert's Custos Paganus Sithecundman which some would have to be the Father to our Side-men See Whithred's Military Dooms Egbert is by all esteemed a great if not the first Monarch of the Saxons a great Warriour and a Conquerour But yet he neither made or managed the Militia without a great Common Council or Parliament For which besides all others we have a clear proof in the old Abbot of Croyland to which there was a great Charter confirmed Coram Pontificibus Proceribus Majoribus totius Angliae which were all together at London consulting how to provide against the Danish Pirates Pro Concilio capiendo contra Danicos Piratas c. That also Majores in this place might denote some lower than Earls or Lords may not onely be gathered from