Lex Parlamentorum: OR, AN ABSTRACT OF THE Antiquity and jurisdiction of the High Court of PARLIAMENT, According to the Laws and Constitutions of this Realm.  
LONDON. Printed in the Year, 1648.   

A short Treatise of the Parliament of England, and Jurisdiction thereof.  
THE thing ever amongst men in every Country had in most Reputation and esteem, is the Public flourishing of their countries' Common-weal: and he that endeavoureth the same, is worthy to be commended; to which every one Naturally hath a love and zeal; And it followeth, that Man cannot attain these things, but by a mean, which mean is none other but Reasonable Ordinances and Laws; the which Laws proceed and come principally of God, for the Providence and will of God is ever assistant.  
The Parliament is the High, and most Honourable, 
Coke li. 10. fol. 123, 124. sect. 97.  and most absolute Court of Justice of England, consisting of Lords in Parliament and Commons: The Lords were formerly divided into two sorts, Spiritual and Temporal; The Commons are divided into three parts, viz. Knights of Sheirs or Counties, Citizens out of Cities, and Burgesses out of Burroughs.  
The Antiquity of the High Court of Parliament. 
Antiquity of the Court of Parliament. Bract. c. 2. Regist. 280. 5 H. 4.   
The King of England is armed with divers Counsels, one is called Commune Concilium, and it is Legally called in writs Magnum Concilium Regis Angliae; and that is applied to the House of Peers, which is called the Lords house of Parliament.  
The Jurisdiction of the High Court of Parliament.  
The Court of Parliament is so transcendent, that it maketh Laws, diminisheth and enlargeth Laws, Statutes, and Ordinances; concerning matters Ecclesiastical, Capital, Criminal, Common, Civil, Maritine, etc.  
None can begin, continue or dissolve the Parliament but by the King's Authority. 
Myrrh. cap. 2. sect. 4 10.14. c 4. de default, & cap. de Homicid. c. 11. sect. 13. cap. 4.  The Court of Parliament is of that high Honour and Justice, that none ought to imagine any thing dishonourable that proceeds from that High Court of Justice: The writ of Summons is the Basis and foundation of the Parliament, Rex est habiturus colloquium, 
Calvin's case.  & Tractatum cum Praelatis, Magnatibus, & Proceribus, super arduis negotiis concernentibus 

1. Nos.  
2. Defensionem Regni nostri.  
3. Defensionem Ecclesiae Anglicanae, 2 & 3▪ Ed. 6. c. 1. 11. H. 7. c. 1.    
Every Bill which passeth the Parliament, shall have relation to the first day of the Parliament, though it be put in at the end of the Parliament: 33 Hen: 8.17. If divers Sessions be in one Parliament, 
Divers Sessions in one Parliament.  and the King doth not sign the Bill until the last, than all is the same day, and all shall have relation to the first day of the next Sessions; and the first day and the last, are both one Parliament, and one day in Law.  
No Bill is an act of Parliament, Ordinance or Edict in Law, although both Houses agree unanimously in it) till it have the Royal Assent it is no act. Assembles de ceux tres estates est appelle une act de Parliament, 
Assembles de trois Estates.  car sans touts trois, nest ascun act, for without all 3 Estates 'tis not Act.  
The King's consent signified under His Great-Seal, 
3 H. 7.21.  shall be to all intents of Law, as valid and effectual as if He were Personally present.  
The first Authentical report of that name Parliament that I find, 
3 Ed. 1. called Westm' 1.  is in the Statute made 3 Edw. 1. called Westmin 1. where the Assembly is said to be le primer Parliament, apres Coronment le Roy. For in the Statute Articuli Cleri published 9 Ed. 2. these words are read amongst others, Temporibus progenitorum nostrorum quondam Regum Angliae in diversis Parliamentis suis, etc. Whichwords progenitorum & quondam must reach higher than 1 Ed. 1. 
Sigbert, King of the East-Saxons.  I read that Sigbert King of the East Saxons being moved to be Baptised, did first call a Council of his Subjects; and finding them to favour his motion, did then himself Assent unto it.  
I read moreover in Matthew Paris, 
M. Paris temp. H. 4.1225.  that King Henry 3. Anno Dom. 1225. called together omnes Clericos & Laicos totius Regni, or Vniversi Regni, as the same Writer expresseth. Vide Magna Charta, 
Magna Charta, c. 29.  Parliament Charter. Vide the Stat. 15 Ed. 1. c. 1. Confirms the 2 Charters, and other Statutes made by the King, Peers, & Commons of this land: The Statute published in the 20 year of the same King Henry, 
Stat. de Merton.  called the Statute of Merton, which saith, Provisum fuit & Concessum tam à praedictis Archiepiscopis, Episcopis, Comitibus, Baronibus, quam ab ipso Rege & aliis. The Statute of Westm ' first made 3 Ed: 1. the title of it is, [The establishment of King Edw. made by his Council, Archbishops, Bishops, Abbots, Priors, Earls, Barons, and the Commonalty of the Land, etc.] The Statute of Gloucester, made in the first year of the said Kings reign thus providing, pervenant pur le Roy & appeals le pluis discretes de son Realm, 
4 Ed. 3. & 36 Ed. 3. c. 10.  auxi bien des grondres come des maindres stabiliter est & concordantment ordine, once every year.  
The Judges of the land have resolved, 
nevil's case, 7 part of Coke 34. 2 jacobi.  that no Noble men committing Treason shall forfeit their office and dignity, their office is to Counsel the King in time of Peace, to defend him in time of War.  
No man shall be imprisoned by the King and his Council, 
25 Ed. 3. c. 4. Petition de droit, 3 Carol. Magna Charta, c. 29.  unless it be by Indictments, presentment of his neighbours, where such deed is done by due process of law, made by writ Original at the Common-Law, pag. 29. and expounds Lex terrae.  
The order to make an Act, 
7 H. 7.14. 12 H. 7.20. 9 H. 3. Magna Charta.  is to have the joint Assent of the Commonalty, the Lords and the King; where a Statute is made to restrain the liberty of all people; the King shall not be bound by this Statute, unless he be named in the Statute.  
A Statute which is in the negative binds the Common-Law, 
Westm' 2. c. 40. 21 H. 7.21.  that a man may not after make use of the Common-Law.  
The Members of the House of Commons at every Parliament take a Corporal Oath, 
1 Eliz. cap. 1. 5 Eliz. cap. 1. Caudrees case.  that the King is the Supreme Head, and only Governor in all Causes over all Persons.  
Where there is a saving or Proviso in an Act of Parliament, 
Coke rep. fol. 7. Plowden Com. 563. The judgement in the high Court of Parliament.  which is repugnant to the body of the Act, it is void.  
The Judgement in the High Court of Parliament is of as ample Authority as the sentence of any or all other Courts whatsoever, for it delivereth Laws that do bind all persons in all causes; as well Ecclesiastical as Temporal; it hath Jurisdiction in such cases as have need of help where there is no help by any Law already in force; it reverseth erroneous judgements given in any Court.  
No Court can fine and imprison but a Court of Record: The House of Commons is no Court of Record. 
8 part Coke republs. 120. 27 H. 6. f. 8.  The House of Lords, where the King is in Person, his Nobles, and his Judges, and Council of Law, the masters of the Chancery assisting, is a Court of Record: That is the Court of Parliament, where the Colloquium & Tractatus est.  
No privilege of Parliament is grantable for Treason, 
8 H. 6. numb. 57 Rot. Parliament' Coke 4. Calvin's case.  Felony, or breach of the Peace, 17 Ed. 4.57. Coke 4 part Instit. 25. 17 Ed. 4. numb. 39 Coke 7 part, fol. 21, 22.  
A Parliament is to be holden once every year, Parl. 4 Ed. 3. & 36 Ed. 3. c. 10.  
All Treasons, Felonies, Trespasses, 
Treason.  are contra pacem Coronam & dignitatem Regis.  

Humane Laws.  All humane Laws, are either the Law of Nature, Customs, or Statutes, which are called Constitutions; but Customs, when they were first put in writing, and by sufficient Authority of the Prince published and commanded to be kept, were changed into the nature of Constitutions and Statutes; and did after that, more penally bind the Subjects.  
The Laws of England.  

The Laws of England.  The Laws of England stand for the maintenance of the just Privileges of the Crown of England, the just Rites of the Church of England, the just Rights of the liberty of the People of England, & do lay forth their interest, in the preservation and maintenance of 3 things:  

1. The first is called, the Register of Writs, privilegium Regis, or jus regni.  
2. The second is called, jus Ecclesiasticum, or jus Ecclesiasticae.  
3. The third is called, jus Populi, or libertates Angliae.   
These 3 make up the Body of the Common Law; a Law so peaceful for the keeping all these in unity, that for this cause it is by the Authority of the Laws of this Realm styled by the name of Peace, 
Mich. 7 Ed. 1. Rot. 21. Linwood de jure competenti 71. Coke Instit. 2.489.  pax Dei, as relating to the Rites of the Church; and pax Regni, as relating to the Rights of the People, vide the words of the King's Charters in former times, concessimus Deo & Ecclesiae, etc.  
THat no Members of the House of Commons do presume to sit or take their Places in the lower House of Parliament until they, 
Proclamation before the L. Steward, 3 die Novembris, 1640. an. 16. Regis Caroli.  and every of them have first taken the Oaths of Supremacy and Allegiance in the usual manner and place, nor until the Sheriff shall make return of his Writ, according to the Statute, unto the Clerk of the Crown in Chancery, and his or their Names be entered in such manner, as it hath been heretofore accustomed.  
The number of the Knights, Citizens, and Burgesses, Chosen to attend this present Parliament, out of Counties, Cities, and Burrough Towns of England and Wales, and the Barony of the Ports, now sitting at Westminster, (3 die Novemb. 1640.) 424. besides the Lords and Peers of upper House of Parliament.  
FINIS.