A TREATISE, showing That the sovereign's Person is required in the great counsels or Assemblies of the State, as well at the Consultations as at the Conclusions.  
Written by Sir ROBERT COTTON, Knight and Baronet.  
IN DOMINO CONFIDO   printer's or publisher's device 
Printed in the year 1641.   

The right worshipful Sir ROBERT COTTON, Knight and Baronnet his Speech in parliament.  
That the sovereign's person is required in the great counsels or Assemblies of the State, as well at the Consultations, as at the Conclusions.  
SInce of these Assemblies few Dieries or exact journal Books are remaining, and those but of late, and negligently entered the Acts and Ordinances only reported to posterity are the Rolls.  
This Question (though clear) in general reason and conveniency must be wrought out of, for the particular out of such incident proofs, as the Monument of story and Records by pieces learn us. And to deduce it the clearer down, some essential circumstances of Name, Time, Place, occasion, and Persons must be in general shortly touched before the force of particular proofs be laid down.  
This noble body of the State (now called the houses in Parliament) is known in several ages by several names.  
Concilia, the counsels in the Eldest times, afterwards 
Ex Conciliis Reg. Saxon. Cantuar.  Magnum, commune et generale Concilium, Curia magna Capitalis et curia Regis: Sometimes Generale placitum, and sometimes 
Glanvill.  Synodus, and Synodalia decreta, although as well 
Liber Ely.  the causes of the Common wealth as Church 
Leges Etheldredi regis.  were there decided.  
The name of parliament (except in the abbot's Chapters) was never heard of unto the reign 
Ingulphus Croylandensis.  of King John, and then but rarely.  
At the King's Court were these Conventions 
registr.. monast..  usually, and the Presence, privy Chamber, and other room convenient for the Kings in former times, (as now) then used: For what is the present house of Lords, but so at this day? and was before the firing of the Palace at Westminster about 
palate. Regale Westmonast.  17. H. 8. who then and there resided.  
Improbable it is to believe the King excluded his own privy, and unmannerly it is for guests to bar him their company, who gave to them their entertainment.  
It was now at first (as now) Edicto Principis, 
Regist. Eliense.  at the King's pleasure.  
Towards the end of the Saxon, and in the 
Annales Monaster.  first time of the Norman Kings it stood in custom-grace, to Easter, Whitsuntide, and Christmas fixed: the Bishops, Earls, and Lords (ex more) then assembled: So are the frequent 
Liber de Bello.  words in all the annals: The King of course revested with his imperial crown by the Bishops, and the peers assembling, in Recognition 
Registr. Wigorniense.  of their preobliged faith and present duty and service; until the unsafe time of King John (by over-potent and popular Lords) gave discontinuance to this constant grace of Kings, and then it returned to the uncertain pleasure of the sovereign Summons.  
The causes then (as now) of such assemblies, 
Joannes Ewegden.  were provision for the support of the State in Men and Money, & well ordering of the Church 
Matth. Parls  and commonwealth, and determining of such 
Hoveden. Bracton.  causes, which ordinary Courts nesciebant iudicare, (as Glanvill the grand judge under H. 2. 
Glanvill Fleta  saith) Where the presence of the King was still required, it being otherwise absurd to make the King assentor to the judgements of Parliament, and afford him no part of the Consultation.  
The necessity hereof is well and fully deduced unto us in a reverend Monument not far from that grave man's time, in these words, Rex tenetur omnimodo personalitèr interesse Parliamento, 
Modus tenendi Parliament.  nisi per corporalem aegritudinem detineatur, and then to acquaint the Parliament of such occasion by several Members of either House. Causa est quòd solebat clamor et rumor esse pro absentiâ Regis, quia res damnosa & periculosa est est toti Communitati, Parliamento, & Regno, cum Rex a Parliamento absens fuerit: Nec se absentare debet, nec potest, nisi duntaxat in causâ supradictâ.  
By this appears the desire of the state to have the King's presence in these great counsels by express necessity.  
I will now endeavour to lead the practice of it from the dark and eldest times to these no less neglected of ours.  
From the year 720. to near 920. during all the Heptarchy, in all the council remaining 
Ex registr.. Concili r. Cantuar. Ex Concilio Withredi R  composed ex Episcopis, Abbatibus, Ducibus, Satrapis, et omni dignitate optimatibus, ecclesiasticis scilicet & secularibus personis pro utilitate Ecclesiae & stabilitate Regni pertractatum. Seven of them are Rege president, and but one by deputy; and incongruous it were, and almost nonsense, to bar his presence that is President of such an Assembly.  
The Saxon Monarchy under Alfred, Etheldred, Edgar in their Synods, or placita generalia, went 
Ex Synodis & legibus Alfredi, Etheldredi, Edgari.  in the same practice, and since. Thus Ethelwold appealed Earl Leofrick from the county ad generale placitum, before King Etheldred and Edgyra the Queen, against Earl Goda to Eldred the King at London, congregatis Principibus & sapientibus Angliae. 
Ex Regist Ab●ington.   
In the year 1052. under Edward the Confessor, 
Gesta St. Ed●. Ga●i●è.  statutum est placitum, magnum extra Londinum, quod Normanni (ex Francorum consuet udine) Parliamentum appellant, where the King 
Alured. Rivalens. vita Ed●. Confessoris.  and all his Barons appealed: Godwin for his brother Alureds' death, the Earl denied it, and the King replied thus, My Lords, you that are my Liege men, Earls and Barons of the Land here assembled together, have heard my appeal, and his answer: unto you be it left to do right betwixt us.  
At the great council at Westminster. 1072. in 
Registr. Cantuar.  Easter week the cause of the two archbishops Lanfrank, and Thomas, Ventilata suit in praesentia Regis Gulielmi, and after at Windsor sinem accepit in praesentia Regis.  
At the same Feast, Anno 1081. (the usual 
10●1.  time of such assemblies) the King, the archbishops, Bishops, Abbots, Earls, and chief nobility of the kingdom were present: for so are the words of the Record.  
The cause between Arsast Bishop of Norway, 
Registrum Sancti Edmundi.  and Baldwin Abbot of bury, was also argued, Et ventilata in publico Rex jubet teneri Iudicium, causis auditis amborum.  
The diligence of his son (the learned H. 1.) in executing of this part of his kingly function, is commended to posterity by Walter Maps (a learned man, trained up, and dear in favour with 
Walterus Maps de R●gis 〈◊〉.  H. 2.) in these words: Omnia Regali more, decentique moderamine faciebat, neminem volebat egere justitia, vel pace: constituerat autem ad tranaquillitatem omnium, ut diebus vacationis, vel in Domo magna sub dio copiam sui faceret usque adhoram sextam, (which was till 10, as we now account) secum habens Comites, Barones, Proceres, et vavasores, to hear and determine causes, 
Henr. Hunting Malmsbury.  whereby he attained the surname of Leo Iustitiae in all Stories, and so out went) in quiet quiddance of the state) his best Progenitors.  
The next of his name that succeeded, is remembered 
Vita Tho. Cantuariensis. Fitz-Stephan.  everywhere for the debates and disputes he heard in person with Thomas the Archbishop, and others of his part at the greatest counsels, both at London, Clarendon, and Northampton for the redress of the many complaints 
Gesta H. 2. Benedic. Abbate Authore.  of the Commons against outrages, and extortions of clergy men.  
In the year 1057. die Pentecost. Apud 8. Edmundum: The same King (diademate insignitus) 
Reg. Monast. de bello.  with the Bishops, Abbots, Earls, and Barons of the kingdom sat daily himself and heard all the debates concerning the liberties & Charters of battle Abbie. The interlocutory speeches as well of the King as the Lords and parties are at full related in a Register of the Church:  
The suit between the Church of Lincoln and S. Albans in praesentia Regis H. Archiepiscoporum, Episcoporum omnium Angliae & comitatum & 
Reg. Lincolniense.  Baronum Regni, was at Westmin. debated and ended: and had the love of memory and Truth been a Protector to the public Records of the state, as the awe of the Clergies censure was a guard to theirs in tempestuous times, we had not been now left to the only friendship of monks diligence for example in this kind.  
At Lincoln the Archbishop, some Bishops, 
Lib. Burton-Monaster.  but all the Earls and Barons of the kingdom, unà cum Rege Joanne congregati ad colloquium de concordia Regis Scotiae, (saith a Register of that Church.)  
This use under King H. 3. needeth no further proof than the Writ of Summons, than (as some report) framed, expressing both the King's mind and practice.  
It is Nobiscum & Praelatis, & Magnatibus nostris 
Rot. claus. a. 59 H. 3.  quos vocari fecimus super premissis tractare, & Concilium impendere: which word Nobiscum implieth plainly the King's presence.  
What the succeeding practice was from the 15. year of E. 4. the proper Records of this inquiry, (the journal books being lost) I am enforced to draw from out the Rolls of Acts wherein sometimes by chance they are remembered.  
Edward the 2. was present in Parliament the 
Rot. Parl. 15. E. 2.  15. year of his reign, at the complaint against the Spencers, and at a second parliament that year for the repeal of their banishment.  
In the 4. of E. 3. the King was present at the 
Rot. Parl. 4. E. 3. Rot. parl. 5. E. 3.  Accusation of Roger Mortimer, but not the trial, and the next year in the treaty of the French affairs.  
In the 6. year, Intererat rex in causa Iohannis de Gray & Guilielmi de la Zouch: and the same year 2. die Parliamenti, the King was present at the debate about his voyage into Scotland.  
In the 15. year the King in the Painted Chamber sitting with the Lords in consultation, the Archbishop after pardon, prays that for better clearing himself, he may be tried in full parliament, 
rot. Parl. 15. E. 3.  which was granted.  
In the 17. in Camera alba (now called the 
Rot. Parl. 17. E. 3.  Court of Requests) Rex cum magnatibus conveniunt communes super negotiis Regni.  
In the 10. of R. 2. the King departed from the Parliament in some discontent, when after some time, Lords are sent to pray his presence, and to inform his majesty, that if he forbear his presence amongst them 40. days, that then 
Chronicon Henvici Knighton.  ex antiquo Statuto, they may return absque domigerio Regis, to their several homes.  
Henry the 4. began his first parliament the first of November, and was the 27. day of the same month at a debate about the Duke of 
Rot. Parl. 3. H. 4  Brittany: the 30. day the cause of the Archbishop was before him proposed only.  
The 3. of Nov. he was at the debate whether the Commons had right of judicature, yea, or no.  
On the 10. he was with the Lords in their Consultation about the expedition against the Scots, the creation of the Duke of Lancaster, and the prohibition of a new Sect from entering this kingdom. Some Ordinances were at this time consulted of concerning the staple, and the sentence against Haxey after dispute revoked.  
This King began his second Parliament the 20 
Rot. Parl. 2. H. 4.  of january, and on the 9 of February was present to make agreement betwixt the Bishop of Norwich, and Thomas of Erpingham.  
On the 20. day of the same month, he was present at council for repressing of the Welsh rebels, for revocations of stipends, and concerning the prior's Aliens.  
On the 26. they advise before the King of the Sestertian Order.  
On the 2. of March of the Statute of Provisions, the keeper of the privy seal, and relieving of the two universities.  
On the 9 of March they mediate before the 
Rot. Parl. 4. H. 4.  King a reconciliation betwixt the Earl of Rutland, and the Lord Fitzwaters.  
He also began a parliament in his fifth year, upon the 15. of january, and the 10. they advise before the King, of guarding of the Seas, and the Welsh Rebellion.  
On the 8. of February, the Earl of Northumberland is charged before the King, and in his presence, and by his permission, divers of whom he knew no harm were removed from the Court.  
The next day at the petition of the Commons, he took upon him to reconcile the Earls of Northumberland & Westmoreland, and on the 22. of February of Northumberland and Dunbar.  
In a parliament of the 27. of H. 6. a challenge of Seat in parliament betwixt the Earls of Arundel and Devonshire was examined and appointed 
rot. Parl. 27. H. 6.  by the K. with the advice of the Lords.  
In that great capital cause of the Duke of Suffolk, 28. H. 6. I find not the King once present at the debates, but the Duke appealing from his trial by Peerage to the K. is brought from out the house of Lords to a private chamber, where the King (after the Chancellor in gross had declared his offence, and refusal) himself (but not in place of judgement) adjudged his banishment.  
By the Rolls of K. Ed. 4. it appeareth that he 
Rot. Parl. E. 4.  was many days (besides the first and last) in parliament, and there are entered some Speeches by him uttered, but that of all the rest is most of mark, the Reporter then present tells it thus, of the Duke of Florence, and the King, trist disceptatio inter duos tantae humanitatis Germannos: 
Regist. Croylandense.  Nemo arguit contra Ducem nisi Rex, nemo respondit Regi nisi Dux. Some other testimonies were brought in; with which the Lords were satisfied, and so formârunt in eum sententiam damnationis, by the mouth of the Duke of Buckingham (Than Steward of England:) All which was much distasted by the house of Commons.  
The reign of H. 7. affords upon the Rolls 
Ex cartis Parlamen. 12. 11. 7.  no one example (the journal Books being lost) except so much as preserves the passages of eight days, in the 12. of his reign, in which the King was some days present at debates, and with his own hand the 31. day of the parliament delivered in a Bill of Trade there read: but had the memorial remained, it is no doubt but he would have been found as frequent in his great 
Ex regist. Camerae Stellatae.  council of parliament, as he was in the star-chamber; where by the Register of that Court appeareth, as well in debate at private causes, that touch neither life nor member, as those of public care, he every year of all his reign was often present.  
Of H. 8. memory hath not been curious; but if he were not often present, peradventure that may be the cause of the disorder, which the learned Recorder Fleetwood in his preface to the 
Ex Annalib. Fleetwood, Recorderi London.  annals of E. the 5. R. 3 H. 7. & H. 8. hath observed in the Statutes made in that King's days: for which cause he hath severed their Index from the former; and much lay in the will of Wolsie, who was ever unwilling to let that King see with his own eyes.  
Edward the sixt in respect of his young years may be well excused; but that such was his purpose appears by a memorial of his own hand, who proposing the affairs of council to several persons, reserved those of greatest weight to his own presence, in these words: These to attend the matters of State, that I will sit with them once a week to hear the debating of things of most importance.  
Unfitness by sex in his two succeeding Sisters to be so frequently present as their former Ancestors led in the ill occasion of such opinion and practice.  
Most Excellent majesty:  
YOur most humble servant, in discharge of Obedience and zeal hath hastened up this Abstract, which in all humility he offers up unto your gracious pardon. Presumption to enter the closet of your counsel is far from his modesty and duty. What hath been your powerful command, he hath made his work; what is fit to be done with it is only your divine judgement: He dares not say, that precedents are Warrants: To direct the success is as worthy observation as the knowledge thereof, sometimes have made ill examples by extension of regal power through ill counsels, with ill success. Some as bad, or worse, when the people have had too much of that, and the King too little, the danger no less. To cut out of either of these patterns to follow were but to be in love with the mischief for the example. The clearer I present this to your highness, the nearer I approach the uprightness of your heart, (the blessed fortune of your happy subjects.  
Pardon (most sacred Majesty) that I offer up to your admired wisdom my weak, but dutiful observations out of all the former gathering.  
In Consultations of State, and decisions of private plaints it is clear from all times, the King was not only present to advice and hear, but to determine also.  
In the cases criminal, and not of blood to bar the King apart were to seclude him the Star-Chamber (as far from reason as example:) The doubt is then aloud in crimes mere capital.  
I dare not too much commend the times that left these patterns, either for the causes or effects, but wish the one and the other never more.  
To proceed by public Act of Commons, peers, and King, was most usual: appeals are gone by the Law of Henry the fourth. Of this now in debate, the way I fear is yet obscure. As great advice of State is as needful for the manner, as for the justice.  
The example in the cause of the Duke of Suffolk, 28. H. 6. where the King gave judgement, was protested against by the Lords.  
That of the Duke of Clarence, 6. E. 4. where the Lords, and the High Steward (the Duke of Buckingham) gave judgement, was protested against by the House of Commons. In both of these the King was sometimes present; but which of these may suit these times I dare not guess.  
That of 1. R. 2. of Gomenys and Weston accused by the Commons plaint for Treason was tried by the Lords in absence of the King, but sentenced by the Lord Scroop Steward for the King: The Accused were of the rank of the Accusers, Commons, and not Lords.  
How this will make a precedent to judge in causes capital a peer of Parliament, I cannot tell, but I should conceive a way answerable as well to parliament as other Courts.  
If the King and the Lords were traitors, and the common Assentors to the judgement, to hear together the charge and evidence, the Lords (as doth the jury in other Courts) to withdraw, to find the verdict; and than the Steward, for the K. to pronounce the sentence; it passeth so by way of Act: a course that carrieth with it no exception, and likely to avoid all curious Questions of your highness' presence there.  
If your humble Servant hath in this expression of his desire to do you service, presumed too far, his comfort is, that where zeal of duty hath made a fault, benignity of goodness will grant the pardon.  
FINIS.