The constitution of parliaments in England deduced from the time of King Edward the Second, illustrated by King Charles the Second in his Parliament summon'd the 18 of February 1660/1, and dissolved the 24 of January 1678/9 : with an appendix of its sessions / observed by Sr. John Pettus ... Knight.

THE INTRODUCTION Shewing how a Parliament CONSISTS.

[Section I] WHen Families increast into Villages, Towns, Cities, large Countreys, Kingdoms, and Em∣pires, under one Fa∣ther or Conductor, (for all other Governments are collateral to Paternal and Monarchical) there was a necessity to Constitute a Supream Council of the chiefest and wisest men selected from the multitude, as might keep such extended Dominions in a perfect Unity and Obedience to their Original Father or Monarch.

The end of this Constitution was both for Conservation of the Original Family or Potentate, who did thus Con∣stitute them, or for his own ease in ma∣naging the common interest of Safety and Plenty.

[ II] That their proceedings in their Councils might have the more solemn Effects and Veneration, several Nations in imitation have since given distinct names to their Supream Council erected, as distinctions to those which were more Subordinate.

Thus the Jews (from whom we derive our most credible Memoires of Antiquity) had their Supream Council called the Sanhedrim, consisting of secular Persons, viz. One Prince, (as their chief Head) besides Seventy others of mixt natures, they had also another great Council altogether Ecclesiastical, called a Synagogue, and other lesser, in the nature of our Convocations, and sometimes all did meet at the great Sanhedrim, (which was only kept in Jerusalem) and this was the Supream Council, as may be seen in the 26th. ch. of Jeremiah, v. 8. who was condemn∣ed by the Ecclesiastical Consistory of Priests, and absolved by the Temporal or great Sanhedrim of Princes, or chief Council, as may be more fully seen in that Chapter and in the Jew's Anti∣quities.

And to pass the Ariopagus among the Athenians, we read that the Old Ro∣mans also had their Great Council called

a Senate, consisting of 300. Laicks chosen out of the Nobiles Majores & Minores, and their Consistoriani, where their Senate did sit: and their Comites and Consistoriani (as Members thereof) did somewhat resemble the Constitution of a Parliament: they had also a Pon∣tifical Colledge consisting of Ecclesia∣sticks; but the name of Senate at Rome, hath been long since drown'd, since the fall of that old Roman Empire, for at Rome the name of Senate is now altered into that of Consistory, (and in the vacancy of the Pope, or See of new Rome, it is called a Conclave) and now the Empire of Germany (which did arise from the ashes of the old Roman Empire) being shiver'd into several Pro∣prietors (lest it should grow again too great) was brought to a Dyet, for so the chief Council of that Empire is called.

Yet the old State of Venice still keeps the name of Senate for her great Council, and the chief Council in France is cal∣led an Assembly of States.

[ III] But here in England we have the name of our chief Council from Romans, Saxons, Normans, and lastly from the French, for it hath been called by those, Senatus, Curia altissima, Michel Synoth,

Assisa Generalis, and many more names, some of which I think fit to render in English, viz. Senate, the great Synod (or meeting of the King, and of the Wise-men) the highest Judicatory, the General Pleas, the Great Court, the Com∣mon Council of the Kingdom, and the General Assize.

At last, in the time of Henry the Third, or Edward the Second, all these Names were reduced to the word Par∣liament, which was then borrowed from the Language and Name of the chief Councils in France (in many of which Provinces and Parliaments our Kings had then a considerable interest.)

[ IV] I do here mention, that the Original of this Name did begin with us in Henry the Third, or Edward the Se∣cond's time, but Sir Edward Coke, in his Institutes, is pleas'd to cite one Pre∣cedent before the Conquest: When (saith he) the word Parliament was here us'd, but it seems it did not continue a fix'd name of Parliament from thence; for at the great Council, held by Henry the First at Salisbury, consisting of the three Estates, viz. Lords Spiritual, Lords Temporal, and Commons, it is called by the Name of Council, and not Par∣liament, (as some other Writers have

mistaken,) However, it was not us'd again, till once in Henry the Third's time, as some say; but we are certain, that it was us'd in the 15th of Edward the Second, (as I shall shew from safe Records) and after Edward the Third was Crowned King of France, then, and ever since, this great Council of the whole Kingdom hath, without variation, gone by the Name of Parliament.

[ V] And though, as that learned Institu∣tor observes, That the French Parlia∣ments were lesser Courts subject to the Assembly of Estates, yet that Assembly of Estates was but originally a grand Parliament, constituted of those lesser Estates or Parliaments, and those did anciently consist of Lords Temporal, Commons, and Clergy, (for in that rank they are cited by Comines,* 1.1 (an approved Author.) However, since the 15th of Edward the Second, we have not altered its name, only a little in Orthography (which hath made work for that learned Institutor and other grave Writers on this Subject about its Etymology) so by Example of those Worthies, I may ven∣ture to cull out one, (intending to speak of the rest in my Annotations,) viz. Parliament, i. e. a Parly of minds; and to this Etymology I may add this defi∣nition,

That our Parliament consists of a certain number of Men, of certain Degrees and Qualities, Summoned by Writs from the King, to meet together in some place appointed by those Writs, to parly or confer their minds to each other for the good of the Publick.

[ VI] This Definition will be more fully proved in this following Treatise; yet, before I confirm it at large, I think fit to give a brief and intelligible Expla∣nation of it (in relation to a Parliament here in England.) To that end I shall first set down the Nature of our Mo∣narchical Government, and then we shall more easily understand the Constitution of our Parliaments.

It is generally held, That the frame of this Monarchy consists of a King, and of three Estates subordinate to him.

The first Estate, mentioned in all our Acts of Parliament, is Spiritual and Ecclesiastical, govern'd by the Lords Spiritual; and this Estate hath Juris∣diction over the whole Kingdom, not only considering the effects upon our Souls, but in its civil latitude and dimen∣sions, as having an influence and interest in every individual Man, Woman, and Child, and in most of the Products of the Earth from their first Being to their

Dissolution; and this in all the fifty two Counties of England and Wales; but for the distinction of the Civil and Eccle∣siastical Jurisdiction, these are compri∣sed into a lesser number, viz. of twenty six, and are call'd Diocesses, as being given to them from God by the hands of the King, to whom they acknowledge a subordination.

The second Estate (and so mention'd in our Laws) is the Lords Temporal, or rather Militial, having the Lieutenan∣cies of all the Counties of England and Wales comitted to their Trust, Care, and Charge; and to these belong the managing of Embassies, Treaties of War or Peace, and all honorary Actions, both Foreign and Domestick, as the King (who is the Fountain of Honour) does usually confer upon them.

The third Estate is the Commons, (also mentioned in our Laws) and this also subordinate to the King; and these con∣sist of Gentry (Men of fixt and setled Fortunes, designed for things of Gallan∣try and Hospitality) and of the Yeo∣manry, comprised under several appel∣lations, viz. Husbandmen, Artificers, and Labourers, all driving on a Commu∣tative Commerce, as well to supply them∣selves as others with what the Land or

Sea affords, either necessary, convenient, ornamental, or superfluous.

[ VII] Besides these three, there are three very great Interests, which are not call'd Estates, but Assistances, and in truth they are the very Supporters of these three Estates: viz.

The first, Religion, the second, Law, the third, Trade.

1. Religion is to be managed by the Clergy of several Degrees (as will be shewn) some neither Freeholders, nor Freemen) by their winning of men with a persuasive or exemplary Power, into all Pious and Virtuous Actions, whereby the Souls and Minds of Men may be united to Love and Obedience; and this is the cement of Ʋnity (to the three Estates.)

2. The Laws are manag'd by Law∣yers of several degrees (some neither Freeholders, nor Freemen) by instruct∣ing Magistrates in their compulsory Power, when occasion requires, so as both the Laws of God and Man may be duely observed, and that such whom the Clergy cannot invite to Piety, and Virtue, by Precept, and Example, may be compelled to it by the Rigour of the Laws, and this is the cement of Seve∣rity to the three Estates.

3. Trade is manag'd chiefly by Mer∣chants, (some also neither Freeholders, nor Freemen) these give life to Industry, whereby the Rich do help the Poor, and the Poor the Rich, and thus Trade, Com∣merce, and Industry, are as necessary Cements to the Three Estates, as either Religion or Law (respecting only what morally concerns Justice and Obedi∣ence) and this is the Cement of Pros∣perity to the whole Fabrick.

So we see that as there are Three Essential Estates, so there are also Three Essential Assistances or Supporta∣tions of those Estates, and without which those Estates cannot well subsist.

[ VII] Now out of these Three Estates in general the King doth abstract a Par∣liament. For when He gives notice of his intentions to have one, he orders Writs to Archbishops and Bishops, who are chiefly to manage the concerns of the Clergy.

At the same time He also orders Writs to such of the Nobility as He or His Pre∣decessors have either by Patent created to that employment, or otherwise invest∣ed with some right thereunto, who are chiefly to manage the concerns of the Nobility and Kingdom. At the same time He also orders Writs for Electing such a

number of Commons out of Counties, Shires, Cities, and Burroughs, as may manage the concerns of the Commonalty, and yet these three Estates thus distinct∣ly Summoned, are so admirably inter∣mixt in this Supream Council or Par∣liament, that these three Estates in that Council seem to have an interchangable power and check on each other, in the more Safe and Wise carrying on the Affairs of the whole Kingdom, consi∣dered either at Home or Abroad.

[ IX] And as the Government of the King∣dom hath three sorts of Assistances, (as is before shewn) so those three sorts of As∣sistances are disposed into three sorts of Assistants. For the Bishops have a cer∣tain number of Deans, Archdeacons, and Proctors, cull'd out of Prebends, Parsons, Vicars, and the Clergy in general, as may be Assistants to the Episcopal In∣terest.

The Nobility have a certain num∣ber of Lawyers, (viz. Justices of the Respective Benches and Courts of Judica∣ture in Westminster-Hall, (as will be shewn) cull'd out of the Profession of Lawyers, to be Assistants to them.

The Commons have the bulk of every County contracted into Two Knights, or one, for each County, and of Two Mer∣chants

for each City, and of Two lesser Traders for each Burrough, and yet the Electors of them are not so confined to the Persons Eligible, but that such as they hold fit to manage such Imployment, are capable to be Elected, though they be not Knights, Merchants, or Traders, yet they are confined to a set number, (as I said) and of qualifi'd Persons, as well to preserve the Honor of it, as to pre∣vent a surcharge of too great a con∣course to this Assembling of a Parlia∣ment.

By this easie demonstration it is evi∣dent that the Lords Spiritual (con∣sisting of Archbishops and Bishops, (Suc∣cessive but not Hereditary) do Sit in the Lords House, and there Represent the whole Clergy of this Kingdom.

The Lords Temporal consisting of Dukes, Marquesses, Earls, Viscounts, and Barons, which Five Degrees by a No∣bilitated Interest, Hereditary and Suc∣cessive, do Sit there also, Representing all the Nobility of those Degrees in the Kingdom.

The Commons consisting of Knights, Citizens and Burgesses, (by an Elective Interest, neither Hereditary nor Suc∣cessive) do Sit in the House of Commons, Representing all the Commonalty of this Kingdom.

Over which Three Estates, the King for the time being ever was and still is esteemed by an Hereditary and Succes∣sive Right, the Supream, and in the Eye of the Law, the Immortal Balance of these Three Essential yet Subordinate Parts, Interests or Estates of this King∣dom; I say Immortal, because our Laws do say that Rex nunquam moritur, and thereby gives him a clear distinction from the Three Estates.

[ X] Now to undeceive some that would have the Three Estates to consist of King, Lords, and Commons, because our Government seems to be framed of Mo∣narchy, Aristocracy, and Democracy: To clear their Judgments, the Monarchy stands single, but the Aristocracy is double, viz. An Aristocracy of the Lords Spiritual, and an Aristocracy of the Lords Temporal, to which add the De∣mocracy of the Commons, and all is re∣conciled into Two Aristocratical Estates, and one Democratical, and the Monar∣chical as Superintendent to those Three, and so this Ʋnity with the Triplicity, is the due constitution of our English Par∣liament, and indeed of the Kingdom it self.

Notes

• * 1.1

  Comines, p. 226.