The Commonwealth of Oceana [23]
little to be found of a methodical constitution of this high court, by the addition of an argument, which I conceive to bear a strong testimony to itself, though taken out of a late writing that conceals the author. "It is well known," says he, "that in every quarter of the realm a great many boroughs do yet send burgesses to the parliament which nevertheless be so anciently and so long since decayed and gone to naught, that they cannot be showed to have been of any reputation since the Conquest, much less to have obtained any such privilege by the grant of any succeeding king: wherefore these must have had this right by more ancient usage, and before the Conquest, they being unable now to show whence they derived it." This argument, though there be more, I shall pitch upon as sufficient to prove: First, that the lower sort of the people had right to session in Parliament during the time of the Teutons. Secondly, that they were qualified to the same by election in their boroughs, and if knights of the shire, as no doubt they are, be as ancient in the counties. Thirdly if it be a good argument to say that the commons during the reign of the Teutons were elected into Parliament because they are so now, and no man can show when this custom began, I see not which way it should be an ill one to say that the commons during the reign of the Teutons constituted also a distinct house because they do so now, unless any man can show that they did ever sit in the same house with the lords. Wherefore to conclude this part, I conceive for these, and other reasons to be mentioned hereafter, that the Parliament of the Teutons consisted of the King, the lords spiritual and temporal, and the commons of the nation, notwithstanding the style of divers acts of Parliament, which runs, as that of Magna Charta, in the King's name only, seeing the same was nevertheless enacted by the King, peers, and commons of the land, as is testified in those words by a subsequent act. The monarchy of the Teutons had stood in this posture about 220 years; when Turbo, Duke of Neustria, making his claim to the crown of one of their kings that died childless, followed it with successful arms, and, being possessed of the kingdom, used it as conquered, distributing the earldoms, thane-lands, bishoprics, and prelacies of the whole realm among his Neustrians. From this time the earl came to be called comes, consul, and dux, though consul and dux grew afterward out of use; the King's thanes came to be called barons, and their lands baronies; the middle thane holding still of a mesne lord, retained the name of vavasor. The earl or comes continued to have the third part of the pleas of the county paid to him by the sheriff or vice -- comes, now a distinct officer in every county depending upon the King; saving that such earls as had their counties to their own use were now counts-palatine, and had under the King regal jurisdiction; insomuch that they constituted their own sheriffs, granted pardons, and issued writs in their own names; nor did the King's writ of ordinary justice run in their dominions till a late statute, whereby much of this privilege was taken away. For barons they came from henceforth to be in different times of three kinds: barons by their estates and tenures, barons by writ, and barons created by letters-patent. From Turbo the first to Adoxus the seventh king from the Conquest, barons had their denomination from their possessions and tenures. And these were either spiritual or temporal; for not only the thanelands, but the possessions of bishops, as also of some twenty six abbots, and two priors, were now erected into baronies, whence the lords spiritual that had suffrage in the Teuton Parliament as spiritual lords came to have it in the Neustrian Parliament as barons, and were made subject, which they had not formerly been, to knights' service in chief. Barony coming henceforth to signify all honorary possessions as well of earls as barons, and baronage to denote all kinds of lords as well spiritual as temporal having right to sit