The several opinions of sundry learned antiquaries viz. Mr. Justice Doddridge, Mr. Agar, Francis Tate, William Canden, and Ioseph Holland. Touching the antiquity, power, order, state, manner, persons and proceedings of the high-court of Parliament in England.

Of the Antiquity of Par∣liament.

THat which we in Eng∣lish call Parliament, I suppose, and know, to have taken the name from the French, or Norman tongue, sounding upon the word Parle, or Parler, to speak, or discourse: In Latine I find that it was called before the Conquest by two names, the one called Syno∣dus, taken from the Greek, which is used most for the Assembly of spiritual men, to treat of Divine causes; and so was practised when Augustine came to Canterbu∣ry,

where the King of Kent, (called Ethelbert) gather∣ed his Nobles, and people to understand the message, and preaching of Augustine; and again it is termed Con∣siliatio, as hereafter I shall set down, and hereafter in that sence, in Anno Dom. 833. Withlasias Dux Wivio∣rum, a great Lord or Peer amongst those of the Fren∣nes, called Girrii, or Gir∣rogii, in his Chapter for the foundation of the Abbey of Ramsey, in which he term∣eth Egberte King, and A∣helwolf his son, to be Domi∣nos suos: he dateth his said Charter thus, Datum apud Londini Civitatem ubi omnes Congregati sumus pro Consilio Capiendo Contra Danicos pira∣tos

littora Angliae assidue in∣sestantes: This mentioneth Ingulphus: so as it appear∣eth, when any imminent pe∣ril drew neer for the hurt of the Commonwealth, that then there were called the Nobility and wisemen (called in the History of Eli,) Duces, Principes, Sa∣trapae, Rhetores, & Causidici; also Convenerunt Agelinum, Aldermanum, & Episcopos, Oswynum, & omnes meliores Concionatores de Com. &c. And the same Author shew∣eth, that Brithmothus, a most Noble Duke of Nor∣thumberland, was called Al∣derman, idest senior vel Dux qui synodo magna Constantia restituit Regem Edgarem, & alios Monachos dicens nequa∣quam

se ferre posse, ut Mona∣chi ejicerentur de Regno, qui omnem Religionem tenuerunt, & coluerunt in Regno.

King Offa, in his Charter granted to the Abbey of Chertsey, hath these words: Hanc libertatem, & omnia praedicta, & praefatum Mo∣nasterium pertinentia in syno∣dali conventu in loco qui nomi∣natur Aeccleate, & testes con∣sistentes concensi, & subscrip∣si, &c. in historia Chertsey pe∣nes me remanen.

Canutus the Dane, begin∣ning his Laws, sheweth plain, that he made the same by the Advice and Councel of a Parliament; and beginning thus, Haec est Consiliatio quam Canutus Rex meditatione vel decreto suorum

sapientum consiliatus est cum su is sapientibus apud Wintoni∣am, &c. When I observe an old written Copie, with a Comment thereupon, they are expounded thus, Consilia∣tio id est Institutio multorum facta Consilio, Idem Constitu∣tionem pro Institutione, ponit, ut invit haec non instituta fu∣isse suo proprio Arbitrio, sed multorum Consilio. And the said King Canutus, in the Preamble of his said Laws, sheweth, that he decreed his said Laws in this man∣ner, Convocato ita{que} Comi∣tum Procerum{que} Conventu, ut Episcoporum Abbatum, & caeterorum Nobilium, nec non & caeteris nobilitatis sapien∣tiae{que} totius Angliae Consilio satagebat communi decreto ut

in quantum humana ratio va∣luit, ea quae justa fuerant stabiliret, &c. And in the said Preamble, is set down, that before his time, Syno∣des, or Assemblies for the Commonwealth, were very rare, saving Ecclesiasticae in∣stitutiones synodorum{que} con∣ventus apud Anglos In••sitati adhuc fuerunt: And the rea∣son I suppose, was, that be∣fore Canutus, the Realin was governed by sundry Kings: but he having conquered them all, and reduced them into one Monarchie, alleadgeth in his Preamble, Sicut sub uno Rege ita & una lege Universum Angliae Reg∣num regeretur: so as I con∣clude in this point, that be∣fore Canutus, there were no

Parliaments in England: the reason I have shewed be∣fore, which was the diver∣sity and continual interwar between the Heptarchy, by him reduced to a Monar∣chy.

Since his time, I find that Edward the Confessor, in his Charter made to West∣minster-Abbey, did seal and signe the same at a Parlia∣ment: for thus he saith, Hanc Igitur donationis, & liberta∣tis chartam in Die dedicationis praedictae Ecclesiae recitari jussi Coram Episcopis, Abbatibus, Comitibus, & omnibus opti∣matibus Angliae, & omni po∣pulo audiente, & vidente: where note these words, Omnibus optimatibus Angliae, and omni populi audiente, &

vidente; which cannot be but in a general Assembly by Summons: and that is proved by the number and diversity of the witnesses, being Bishops, Abbots, Knig•…•…, Chancellors, Kings, Chaplains, Dukes, Earles, Ministri, Milites, &c.

And William the Conque∣ror, in his Charter of the Ratification of the liberties of that Church, after he hath subscribed the cross with his name; and besides him a great number of o∣thers of the Clergy and Nobility; in stead of Cum multis aliis, hath these words, Multis praeterea il∣lustrissimis virorum personis, & Regum principibus diversi

ordinis omissis qui similiter huic Confirmationi piissimo af∣fectu, testes & fautores fu∣erunt, Hii etiam illo tempore a Regia potestate e diversis pro∣vinciis & urbibus ad Univer∣salem Synodum pro causis Cu∣juslibet. Sanctae Ecclesiae audi∣endis & tractandis ad prae∣scriptum celiberrimum Caeno∣bium quod Westmonasterium dicitur Convocati, &c.

And in another Charter of his, to the said Abbey, are these words, Anno Incar∣nationis Dom. 1081. regni etiam praenonominati gloriosi Regis Willielmi IV. Convenien∣tibus in unum cunctis primis primatibus in nativitate. D. N. I. C.

I read not in Rusus time of any Parliament.

But it appeareth in the Red Book of the Exchequer, that H. 1. before the Constituti∣on, or making of his Laws, setteth down, Quae Communi Consilio & assensu Baronum Regni Angliae, &c. And then proceedeth Omnes malas con∣suetudines quibus Regnum Ang∣liae opprimebatur, inde ••ufero quas ex parte suppono, Testi∣bus Archiepiscopis, Episcopis, Baronibus, Comitibus, Vice∣comitibus, & optimatibus Reg∣ni Angliae apud Westimonaster quando Coronatus fui.

The marriage of his daug∣ter Mawde, and the entayl∣ing of the Crown to her, and her heirs, was done by Parliament: the Accord al∣so between him and Stephen, was done by Parliament;

and so consequently all mat∣ters of Importance were done and concluded in Par∣liament: and of such force is an Act of Parliament here in the governance of the State of the Realm, as it is deemed as an Oracle from Heaven, and resteth onely in the Kings and Queens power to qualifie and mitigate the severity thereof.

And thus much of the Antiquity.

I leave to dis∣course of the manner how they that are to treat there∣in, are to be called; and of their priviledges: and so I end.

AGAR.