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A94265 Syllogologia; or, An historical discourse of parliaments in their originall before the Conquest, and continuance since. Together with the originall growth, and continuance, of these courts following, viz. [brace] High Court of Chancery, Upper Bench, Common-Pleas, Exchequer, Dutchy, and other inferiour courts now in use in this Commonwealth. J. S. 1656 (1656) Wing S93; Thomason E1646_1; ESTC R203463 29,703 88

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meet and agreeably to the second the kings house was first called a Court because the cheife Court of Iustice was holden there But now of Courts some were called ecclesiastical some Lay and other some mixed that is to say both ecclesiasticall and Lay. Of this last sort I find but one namely the high Court of Parliament which I call mixed because it had the Bishops ioyned with the lay Lords to make up the second estate thereof the first estate consisting of the Prince alone and the third of the Commonalty without any of the Clergy at all Of which Court albeit it was rather sommoned to devise and create reforme and repeale laws than to put them in execution yet forasmuch as it both ministred the matter whereupon all the other Courts do work and had in some causes ordinary jurisdictions also I will speake first and then persue my division That which wee now agreeing with the Scotts and Irish do call a Parliament the Frenchmen do call Les Estates or assemble de les estates because with them there as with as also the King Nobilitie and Commons which be the three Estates of the land do meet thereat to consult and the same in Germany is termed a Dyet for these other Courts that carry the name of Parliament in France be but ordinary Courts of Iustice which as Paulus Jovius writeth are thought to have been planted by us and of which our own Councels established in Wales and in the North parts do beare the nearest shew and resemblance This word Parliament saith one is Compounded of parium and lamentum because as he thinketh Peeres of the country did at those meetings lament and complain each to other of the enormyties of their country and thereupon provided redress for the same but this is not very credible But their opinion is more probable as I think which derive the Parliament simply from the French word Parler and that also from the Greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 both signifying tospeake and so by adding the termination mem which is common in the french tongue as well to many nounes as adverbs do make up Parliament meaning thereby an Assembly of men called together to speake or confer of their advice and opinion and so also it may not unfitly be called Parliament for that every man there doth or should speake his mind but Laur. Valla misliketh that kind of Etymologie Cooks 〈◊〉 stit fol● 110. se● 164. yet my Lord Cooke saith that it comes from parler lament to speake ones mind and his authority is not mean I will not take upon me to set downe the very time The beginning of the word Parliament in which the word Parliament came first in use but forasmuch as it was transported out of France it is not unprobable to guesse that it began here shortly after the time of the Norman Conquest One of the most authentique reports The name Parliament was used before the conquest in the time of Edw. the Confessor Cooke 1 Instit sect 164 page 110 that I think can be sound of that name Parliament is in the statute made 3. E. 1. and commonly called where that assembly is said to be le Primer Parliament generall apres coronement le Roy but yet that is not the very first use of the word for in the statute called Articuli clori and published 9. E. 2. these words are read amongst others Tempore progenitorum nostrornm quondam regum Angliae in diversis Parliament is su is c. which word progenitorum and quondam regum must needs reach higher than to E. 1. that was but father to him that spake it So that I can willingly herein subscribe to the opinion of Polydore Virgill who in the eleaventh book of his English history which contayneth the raigne of King Henry the first that was son to the Conqu writing of the great assembly at Salisbury saith thus at illud apposite habeo dicere reges ante haec tempora non consueuisse populis conventum consultandi causa nisi perraro facere adeo ut ab Hemico id institutum jure manasse dici possi● c. and a little after more galico vulgo Parliamentum appellant c. and this is so much the more credible as that King laboured by all meanes and especially by restitution of the antient lawes as all histories do agree to heale the hearts of the English men which were before deeply wounded by the oppressions of his father and brother William to the end that he might thereby the better keep the Crowne of this Realme against his elder brother Rob. Witenage Mote Michall Sinoth and Michell Gemote names of Parliament before the Conquest Cook Inslit fol. 110 who both had good right and had moved his claim thereto but what time soever this Court began to be called by the name of Parliament this is certaine th●t the same was before known to the Saxons or English men some times by the word Sinoth and Micell Sinoth of the Greeke Synodos now appropriated to ecclesiasticall meetings only and somtimes by these tearmes micel-zemoce wizenazemoze and aupa-picena zemoze that is to say the great meeting the meeting of all the wise men for wizan signifieth a wise man and Gemote a meeting of which last word the names Shiyremoote folemoote and halymoote that is to say the assembly or meeting of men of a Shire of the men of a Towne and of the tenants of a Hall or Mannor had their beginnings also And as Synoth is more used in the acts of Parliament themselves so Gemote is more familiar to the histories thus much as well of the present as of the antient usuall name now let us looke into the thing it self Like as in warr where the King is present in person The conformitie and the reason of the Estates in Parliament and with him the Nobilitie Gentry and Yeomonry there is the force and puissance of the Realme even so in peace wheresoever is the prince as the head to give life that is to say yield the highest and the last assent and where the Baronie consistting of the Lords spirituall and temporall and the Commonalty made up of the Knights and Burgesses be as the body present at his commandement to deliberate conferre consult and consent there is also the Councill and policie of the Realme so that forasmuch as every man from the highest to the lowest is there either in person or by procuration therefore of right every man is said to be bound by that law vvhich doth passe from such an assembly And this frame of policie is both Naturall and Harmonicall 1. Naturall in that it hath an imitation of the naturall body of man truly called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a little vvorld out of the 3 cells vvhereof namely the head breast and belly the vvhole three povvers of the soule do open and utter themselves 2 Harmonicall because from such and so tuned a Base Meane and Treble