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A91183 The first part of an historical collection of the ancient Parliaments of England, from the yeer of our Lord 673, till the end of King John's reign, anno 1216. Wherein is cleerly demonstrated by histories and records beyond contradiction, that the ancient parliaments, and great councels of England, during all this tract of time, and many yeers after, were constituted, and consisted onely of our kings, princes, dukes, earls, nobles, barons, spiritual and temporal lords, and those we now usually stile the House of Peers; and that both the legislative and judicial power of our parliaments resided onliy [sic] in them; without any knights, citizens, burgesses of Parliament, or Commons House, not knowne, nor heard of, till of punier times then these. Published, to inform the ignorance, and check the insolent usurpations of those few commoners, who now call themselves not only the Commons House, but Parliament of England; and (as much as in them lies) have most unjustly excluded both our King and lords from being any Members, or branches of our late, or future Parliaments. / By William Prynne of Swainswick, Esquire. Prynne, William, 1600-1669. 1649 (1649) Wing P3957; Thomason E569_23; ESTC R203232 23,817 33

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to appear only in person If those Barons were Barons of Parliament and summoned to a Parliament there ought to have been a k Cook Inst p 1 2 c. Mr. Sel●en● Titles of Hono● pa●t 2. c 5. sect 21 22 23 24 25. Writ of Summons directed to every of them in particular not to the Sheriffe to summon them in grosse without any writ to them and they much rather then Knights or any others should have appeared in armes to aid the King by reason of their tenures great revenues Therefore these Barons without Arms whose bodies only were to appear I conceive to be such poor Tenants who were either not obliged or not able to find arms of their owne the word Baron being often used for a Tenant and a married man whom our law-Law-Books stile BARON and that which perswades me hereunto is this clause in a like Writ of this King but two yeers before when he feared an Invasion from France whereby he commanded all the l Math. Paris p. 224. Sheriffs of England to summon by good Summons Comites Barones Milites omnes liberos homines servientes vel quicunqu● sint de quocunque tencant Qui arma habere debent vel arma habere possint qui Homagium nobis vel ligantiam fecerunt quod sicut Nos seipsos omnia sua diligunt sint apud Doveram ad instans clausum Pascha benè parati Cum armis equis c. Et quod nullus rem●ntat qui arma portare possit sub poena Culvertagii perpetuae servitutis Et unus quisque sequatur Dominum suum qui terram non habent ARMA HABERE POSSINT illuc veniant ad capiendum solidatas nostras which writ is an excellent Commentary upon this Thirdly There are only 4. discrete Knights or Souldiers rather of every County summoned to come to the King to conferre with him about the affairs of his Kingdome in the last clause of this Writ which only savours of a summons to a kinde of Parliament But these certainly were no Knights of the Shire for a Parliamentary Assembly as is evident 1. By their number 4. out of every County when the Knights for Parliament were never but two at most for one County and but one for some Counties 2. They were not to be elected by the Free-holders and people but summoned only by the Sheriffe himself at his discretion 3. They are summoned only ad loquendum nobiscum to speak with the King of the affairs of his Kingdom not ad tractandum faciendum consentiendū his quae tunc ib de communi consilio dicti regni nostri contigerint ordinari super negotiis antedictis as Knights of the Shires are in all Writs for their Election 4. There is no mention in this Writ of any Parliamentum nostrum appointed to be held at Oxford or of any conference or treaty to be there held cum Praelatis Magnatibus Proceribus Regni nostri nor yet of Duos Cives de qualibet Civitate nor of Duos Burgesses de quolibet Burge Com. illius to be elected summoned returned as in all writs of Election for Knights of Shires and Burgesses for a Parliament Therefore this Writ was certainly no summons to a Parliament nor this meeting at Oxford any Parliament at all but only a Councell of Warre or State upon a speciall occasion and so no proof at all of any Knights of Shires much lesse of Burgesses in the Parliaments of this Kings reign which the next President in his time will unanswerably clear In the 16 yeer of m Mat Paris p. 243. to 252. King John's Reign Anno Dom. 1215. Convenerunt ad colloquendum apud Sanctum Edmundum Comites Barones Angliae Where the Charter of King Henry the First containing certain Liberties and Lawes of King Edward granted both to the Church Magnatibus Regni was again produced which read they all swore upon the high Altar in S. Edmonds Church that if the King refused to grant the said Laws and Liberties they would wage warre with him and withdraw their Allegeance from him till he did by his Charter under his Great Seal confirm all things which they requested resolving all to repair to the King after the Nativity of our Lord to get those Liberties confirmed Whereupon after Christmass Anno 1216. in the seventeenth yeer of this Kings Reign they repaired to the King to London requiring him to confirm these Laws and Liberties the King deferred them till after Easter promising them to satisfie them in all things At last after some encounters and castles taken by the Barons who had raised a very great Army against the King REX MAGNATES the King and his Nobles came to a Treaty the 15 day of June in a Meadow betwixt Staines and Windsore where he granted and confirmed them such a Charter of their Lawes and Liberties as was desired In which Charter there is this clause concerning Parliaments and Summons to them and for Aids and Assessements n Math. Paris p. 247. Seldens Titles of Honor p. 709. ad habendum COMMVNE CONSILIVM REGNI de Auxiliis assidendis nisi in tribus casibus praedictis De Scrutagiis Assidendis summoneri faciemus Archiepiscopos Abbates Comites Majores Barones Sigillatim per Literas nostras praeterea faciemus summoneri per Vicecomites Ballivos nostros omnes alios qui in Capite tenent de Nobis ad certum diem scilicet ad terminum quadraginta dierum ad minus ad certum locum in omnibus Literis submonitionis illius causam submonitionis illius exponentibus sic factà submonitione negotium praecedat ad diem assignatum secundum consilium eorum qui praesentes fuerint quamvis non omnes submoniti venerint By which clause I conceive it evident that in King John's reign none but Bishops Abbots Earls great Barons and lesser Barons who held Lands of the King in Capite were summoned to our Parliaments who were to be all summoned of right and none of them omitted or secluded But for any Knights Citizens or Burgesses then summoned or sent unto our Parliaments by any Writs of Election or of any House or Parliament of Commons I finde no proof nor example in any History or Record I should now proceed to prove that in all King Henry the Third his Reign at least till 49. Henry 3. if not in some ages after our Engli●h Parliaments were composed only of the King Lords Spiritual and Temporal and Peers and Barons of the Realm and that after the Commons were first summoned and admitted to our Parliaments in the Reign of Edward the First and made an House in Edward the Third his Reign the Legislative Power for divers Kings Reigns and the ordinary Judicial power or Judi●atory of our Parliaments till this very day resided and continued in the King and House of Peers But the precedents of this nature and proofs to evidence it being large and numerous I must reserve them for a second part and another particular Tract which if God send liberty and opportunity I intend to compile and publish this being already swoln to a just vendible proportion in these necessitous times and something of this nature having been already published by me in my Plea for the Lords my Ardua Regni and Legal vindication of the Liberties of England against Illegall Taxes and pretended Acts of Parliament p. 5. 6. which they who desire present satisfaction may peruse its speedy publication may be the better respited till a fitter season FINIS