Archeion, or, A discourse vpon the high courts of iustice in England. Composed by William Lambard, of Lincolnes Inne, Gent

The Continuance of the Parliament, till the Conquest.

NEither did they, together with the change of the Soile, make change of this wonted manner of deliberation: For it is yet extant, in Monuments left behind them, that

after their comming hither, they frequented the same order in coun∣sailing, which they had used in their owne Countrey before.

For proofe whereof, I might call Beda, the Saxon Historiographer, to witnesse: who reporting how the Christian Faith tooke root by little and little among them, in their particular Kingdomes within this Land, writeth, That King Edwin of Northumberland, would not embrace the Preaching of the Gospel, before that he had communed and consul∣ted with his Friends, his Nobilitie, and his Wise-men; and that Sigebert, the King of the East Saxons, being likewise moved to be baptized, did first call a Councell of his Subjects; and finding them all to favour the motion, did then himselfe also assent unto it.

But because the Synods or Parlia∣ments themselves be most faithfull

witnesses of their owne doings; and for that also the Kingdome of the West Saxons prevailing over the rest, and melting (as it were) all their Crownes, to make one for her selfe, did in the end become Mistris or Monarch of the whole Heptarchie, or seven Kingdomes, into which this Land was before divided: I will, for a while, leave Historians, and come to the Synods; first shewing, by one or two examples, what persons were wont to be present at the Parliaments of that Kingdome; and then confirming the like to have been used, after such time as the whole Land was reduced to one entire Estate and Monarchie.

Ina, the King of the West Saxons, who began his Reigne about the yeare after the Incarnation of our Lord Christ, 712. began his Parlia∣ment thus: Ego Inas beneficio Dei Oc∣ciduorum Saxonum Rex, &c. I Ina, by Gods gift, King of the West

Saxons, with the advice & teach∣ing of Cenred my Father,* 1.1 Hedde my Bishop, Ercenwald my Bi∣shop, and with all my Aldermen, and the eldest Wise men of my people and also a great Assembly of Gods servants, was carefull concerning the health of our Soules, and establishment of our Kingdome, &c.

Now let us see if the three Estates of Parliament (that is to say) the No∣bilitie, and Commons,* 1.2 may be found here. First, the K. Name is expresly added; the Nobilitie, is signified un∣der these Bishops and Aldermen: for before the divisions of the Realms into Shires, every large territorie had an Alderman, or Governour; who was, after the allotment into Shires, for the most part, an Earle: in token whereof, almost all our Earles, to this day, doe beare the name of one Shire, or other. The Comminaltie, is partly included

in the words; The eldest Wise men of my people, which beto∣keneth the Laitie; and partly in the words, A great assembly of Gods Servants, which doe notifie the Clergie, called so then, as it may ap∣peare by the very first Chapter of the same Lawes, for that they were con∣secrated to Gods service.

And lest that any man should think that these Estates were called together more for their advice and counsell to be given to the King, than for any authority or interest they had in making the Law: First, the Pre∣amble calleth those Lawes, Our Doomes or Iudgements; and the Purvieu saith, Wee bid or command in the plurall number, which also may not be restrained to the King alone, for honours sake, as we now use to speake; for he is there named, I Ina in the singular nu••ber onely.

Thus much I note, once for all, that I be not hereafter troubled to repeat the same things againe.

About one hundred yeeres after the death of this Ina, one Alfred, a King, not of the West-Saxons onely (as he calleth himselfe) but rather both of the Englishmen and Saxons (as Asserius saith, that wrote his life) did (as he telleth) in his Preface to his Lawes, gather together and put in writing certain ordinances made by Wise men in sundry Synods of sun∣drie former Kings, as namely Ina before-said, Offa the King of Middle England, and Ethelbert of Kent,* 1.3 the first Christned Prince of all the Saxon Nation; which Collection of Lawes he also saith, that he shewed to all his own Wise men, and they likewise thought them meet to bee obser∣ved.

But what maketh it to the three Estates, will some men say, that

these Kings and their Wise men, which may well seeme to bee but their privie Counsellors, did establish Lawes? Yes, very much; for here the word Witena, Wise-men, doth include the Nobilitie and Commons, because they be Counsellors of the Realme, (for the time) in respect whereof the assembling of them, was of some called Wytena Gemote, a meeting of the Wise-men, (as I told you) and of other some it is termed Commune Concilium Regni, the Common Coun∣cell of the Realme.

And that this must be so under∣stood in this place, I will use none other Argument than the testimo∣nie of Alfred himselfe drawn out of the same place: for he saith (as you have heard) That the Lawes of K. Ina were made by a Synod of wise men, and what those Wise-men were, you have also understood, by the re∣port of K. Ina himself, in the style of

own Lawes (that is to say) by the No∣bility & Comminalty besides the King.

Furthermore, that I lose not ano∣ther advantage offered me by this authoritie, I must also gather there∣by, that not onely the Kingdomes of Northumberland, Eastsex, and VVest∣sex, used the three estates in making their Lawes, but also that they of Kent, and Middle England, maintain∣ed the very same order:* 1.4 For King Alfreds words (as you see) be one and the same for them all, and then consequently their manner was one and the same through all.

But now, that I may at the length leave these Heptarchies, or petty Kings and passe to the Monarchs and Great ones, the same Alfred (after that the whole Nations had yeelded unto him, and were shrouded under his protection against the furious stormes of the Da∣nish Invasion) did at one time con∣clude a peace with Guthrum, the K. of

the Danes, the Style whereof be∣ginneth thus, This is the Peace which K. Alfred and Guthrum, and all the Wise men of the En∣glish Nation have taken, &c. Loe here you see Ealra wytena Gemote, An Assemblie of all the Wise men.

After him Edward called his Wise men to Excester, and consulted with them for the better observation of the peace of his owne Realme. And he also at another time, by the ad∣vice of the Wise men, renued and con∣firmd the League that Alfred had ta∣ken before with the Danish Captain.

King Athelstan concludeth his fa∣mous Parliament holden at Gratlie, thus;* 1.5 All this was ordained in that great Synode at Gratlie, at which was the Arch-Bishop, Wolshelme, with all the Noble men and Wise men that K. E∣thelstane gathered together.

And the same King did also af∣terwards

call another Assembly of his Wise men to Excester, to consult for the better execution of these for∣mer Ordinances.

Edmond the King summoned a great Synode at London, both of the order of the Spiritualtie, and of the Temporaltie, the which in the second part of the Law there made, he cal∣leth by one generall name his Wite∣na, Wise-men, and thanketh them for their helpe in that advise.

After him King Edgar published certaine Lawes, which were made (as he saith) by the Counsell of his Wise-men.

The like Title and conclusion have those Statutes also which King Etheldred ordained at woodstocke, and the League which hee tooke at Anlaf, and others (the Captaines of the Danish Armie) is intituled to be made by him and all his wise-men.* 1.6 And certaine other Articles

there be, though hitherto not im∣printed, of a Parliament that was as∣sembled in the yeere after Christ, 1008. which fell under the Reigne of the same King, which are there reported to have passed under the authoritie of the King, and his Wise-men, both Spirituall and Lay, in which said last ordinances, this one thing for this purpose, is worthy the observation. That whereas in the beginning of the Lawes, all the Acts are said to passe from the King, and his Wise-men both of the Clergie and Laitie; in all the body and pro∣cesse of the Law each Statute saith thus, And it is the advice of our Lord, and his Wise men. So as it see∣meth plainly that it was then a re∣ceived forme of speech, to signifie both the Spiritualty and Laitie (that is to say) the Nobilitie and Commons by the onely word Witena, or Wise-men.

Finally, those Lawes of the great King, and Monarch, Canute, or Knowt, which he made at Winchester, and be yet remaining, doe beare face, and testimonie, that they were made by him, and his Wise-men.* 1.7

And there is an ancient written Treatise (entituled, Modus tenendi Parliamentum tempore Regis Edwardi filii Ethelredi) to be seene in many hands, purporting the very order, forme, and manner of all this stately Court, and solemne Assemblie.

Now as these written authorities, do undoubtedly confirme our asser∣tion of this continuance of this man∣ner of Parliament: So is there also unwritten Law, or Prescription, that doth no lesse infallibly uphold the same.

For it is well knowne, that in every quarter of the Realme, a great many of Burroughs doe yet send Burgesses to the Parliament, which

is neverthelesse so ancient, and so long since decayed, and gone to nought, that it cannot be shewed that they have bin of any reputation, at any time since the Conquest, and much lesse that they have obtained the priviledge, by the Grant of any King succeeding the same: So that the interest which they have in Par∣liament, groweth by an ancient u∣sage before the Conquest, whereof they cannot shew any beginning; which thing is also confirmed by a contrary usage in the selfe-same thing; for it is likewise knowne, that they of ancient Demeasne doe prescribe, in not sending to the Par∣liament; for which reason also, they are neither Contributers to the Wa∣ges of the Knights there, neither are they bound by sundrie Acts of Par∣liament, though the same be gene∣rally penned, and doe make no ex∣ception of them.

But there is no ancient Demeasne, (saving that onely which is descri∣bed in the Booke of Doomes-day, un∣der the Title of Terra Regis) which of necessitie must be such, as eyther was in the hands of the Conquerour himselfe, who made the Booke, or of Edward the Confessor, that was be∣fore him.

And so againe, if they of ancient Demeasnes, have ever since the Con∣quest, prescribed not to send Bur∣gesses to the Parliament; then (no doubt) there was a Parliament be∣fore the Conquest, to the which they of other places did send their Bur∣gesses: Which seeing it is so, let us come yet neerer, and examine, whether the same Order hath also beene continued ever since that time, or no.

Notes

• * 1.1

  Mid callum mintem E∣aldorman∣num & tham ylde∣stam minre theod.
• * 1.2

  The neces∣sitie of the 3. Estates in the ma∣king of Lawes. One Ex∣ample.
• * 1.3

  Ego Alure∣dus occiden∣talium Sax∣onum Rex, prudentissi∣morum è nostris con∣silio usus sum, at{que} in iis omnibus placuit edici eorum obser∣vationem.
• * 1.4

  Another Example.
• * 1.5

  Cum eo opti∣mates & sa∣pientes ab Athelstane evocati, &c.
• * 1.6

  Ealles an∣gelcynnes wittan, Foedus Al∣rudi.
• * 1.7

  Mid his wi∣tena gethe∣ahi gered.