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THe Ancient, and first Parliament that I have read of, is that in Polydore Virgil, in the reign of H. 1. in the 16 year, which was about the year of our Lord, 1116. And this was held at Sal is bury, (as he saith) where were assembled with the King, all the Prelates, Nobles, and Commons, to consult for the publick Weale; and (as he think∣eth) before that day, the King never called the peo∣ple to consult and make
Laws: and he deriveth the name from the French word (Parler.) There is an anci∣ent Roll in some mens hands which describeth the whole State and order of the Par∣liament; and the Title of it is, De modo tenendi Parliamen∣tum. And it is further de∣scribed Parliamentum Reg is Anglioe, & Angles summoneri tenebatur temporibus Reg is Ed∣wardi silii Ethelredi, qui mo∣dus Recitatus fuit, Coram Willielmo Duce Normaniae Con∣questore Rege Angliae, & per ipsum approbatum.
By this it should seem that Parliaments (as they are described in that Roll) were held in the time of Ed∣ward the holy, for he was the Son of Etheldred; for Ed∣ward
the elder, was the Son of Alphred: and this Edward the holy lived about the year 1043. And by this it should also seem, that the Conqueror held a Parlia∣ment: In this it is first set down what Clergy-men were called, which were not onely Bishops, but Ab∣bots, and Priors that held per Baroniam: by which I gather, that they came not to that place as they were spiritual men; but by reason of the temporal ho∣nours they enjoy in the Commonwealth; for they have a place in the convoca∣tion-house, in respect of their spiritual function, and in that also they are a part in the Court of Parliament.
We read of a Parliament in 35 E. 1. in which were sixteen Abbots, and eight Priors; but how many of those were of the higher house I dare not define, or rather were of the house in general: for I know it is not clear, that there was not then a distinction of houses.
The first Title is, De Cle∣ricis, the second De Laicis, the third de Militibus, the fourth De Civibus, the fifth De Burgensibus: all other circumstances of place, times, orders, and such like are recited, which I on it to remember particularly, be∣cause I know it is a thing well known to all; and that it differeth from the
order of that Court now used.
The Court of Parliament hath a double power; the one to consult by way of de∣liberation for the good Go∣vernment of the Common∣wealth, and so it is Consili∣um, non Curia; another po∣wer it hath as a Court, in Administration of Ju∣stice.
The principal purpose of that Assembly seemeth to be for Consultation; for the Writs are (ad Consultandum & deliberandum: but being Assembled, they may hold Plea of causes.
But this difference I find, that in criminal causes, both the upper house and lower house intermedleth
therewith, as in Attainders onely; and the spiritual Lords do all go out of the house, and give their assents by Proxie, 10 E. 4. 6.
But in civil causes, as in VVrits of Error sued there out of the Kings Bench, the upper house onely medleth, as is well described in the case 1 Hen. 7. 19, 20. in a VVrit of Error sued by one Flowerdue, on a Replevin, wherein Judgment was gi∣ven against him in the Kings Bench.
But we have an express Authority in the 4 H. 7. 18. That in a criminal cause, the Commons must assent; for there the King and Lords did attaint one, and no∣thing was said of the Com∣mons;
therefore by the O∣pinion of the Justices, the Act was held void, and the party restored.
The Peeres of Scotland were wont to come to our Parliament: for in 39 E. 3. 35. in a VVrit of ravish∣ment, de Garde against Gil∣bert umfrevil, he demand∣ed Judgment of the VVrit, because he was Earle of An∣guish; and not so named in the VVrit: Anguish (saith the Plaintiff) is out of the Realm. I, but said the Defendant, I am sum∣moned to Parliament by that name; and the VVrit was abated: this proveth that the Peeres of Scotland came to our Parliament for Justice: but Littleton saith,
20 E. 4. 6. that we shall im∣plead an Earle, or Duke of France, by the name of Knight onely.
I need not dilate of the nature of the Parliament, that it is a body politique, or of what parts and mem∣bers it consisteth, for that is very well understood of all learned men; neither of the order of it at this day, for most know that of their own experience: the priviledges of it are great, and may more safely be discussed what they are without the house, in regard of others, then what they are in the house for their li∣berties there.