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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A89705 No Parliament without a king: or, The soveraigns person is required in the great councels or assemblies of the state, aswell [sic] at the consultations as at the conclusions. 1643 (1643) Wing N1186; Thomason E87_3; ESTC R19245 6,191 15

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NO PARLIAMENT Without A KING SInce of these Assemblies few Dieries or exact Journall Books are remaining and those but of late and negligently entered the Acts and Ordinances onely reported to posterity are the Rolls This Question though cleer in generall reason and convenience must be wrought out of such incident proofs as the monument of story and Records by pieces learne us and to deduce it the cleerer down some essentiall circumstances of name time place occasion and person must be in generall shortly touched before the force of particular proofs be layd down This Noble body of the State now called the Houses of Parliament is knowne in severall ages by severall names Concilia Ex concilliis Reg Saxon Cantuar the Councells in the eldest times afterwards Magnum Commune generale Concillium Curia magna capitalis curia Regis sometimes generale placitum Glanvile and sometimes Synodus and Synodalia decreta Leges Etheldredi Regis although aswell the causes of the Common-wealth as Church were there decided The Name of Parliament except in the Abbotts Chapters was never heard of unto the Raign of King John Ingulphus Croylanden and then but rarely At the Kings Court those Conventions were usually Regist Monaster and the presence Privy-chamber and other Rooms 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 17. Hen. 8 who then and there recided Improbable it is to believe the King excluded his own presence and unmannerly it is for guests to barre him their company who gave to them their intertainment It was at first as now Edicto principis at the Kings pleasure Regist Elense Towards the end of the Saxon Amnles Mon and in the first time of the Norman King it stood in Customegrace in Easter Witsuntide and Christma fixed the Bishops Earls and Lords ex more then assembled so are the frequent words in all the Annalls Lib de bello the Kings of course vested with his Imperiall Crown by the Bishop and the Peers assembling in Recognition of their obliged faith Regist Wig present duty and service untill the unsafe time of King John by over potent and popular Lords gave discountenance to this constant grace of Kings and then it returned to the uncertaine pleasure of the Soveraigne summons The causes then as now of such Assemblies were provision for the support of the State Mat Paris or men and money and well ordering of the Church and Common-wealth and determining of such Causes which ordinary Courts nesciebunt judicare as Glanvill the grand Judge under Hen. 2. saith where the Presence of the King was still required it being otherwise absurd to make the King assent to the judgement of Parliament and afford him no part of the consultation The necessities hereof is well and fully deducted unto us in a reverend monument not farre from that grave mans time in these words Rex tenetur omn mido personal ter interesse Parliamento nisi per corporalem aegritudinem detineatur and then to acquaint the Parliament of such occasion by severall Members of either House Causa est quod solebat clamor rumor esse pro absentia Regis quia res damnosa periculosa 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 Kings presence in these great Councells by expresse necessity I will now endeavour to lead the practise of it from the dark and eldest times to these no lesse neglected of ours From the year 720 to near 920 during all the Heptarchy in all the Counsell remaining composed Ex Episcopis Abbatibus Ducibus Satrapis omni dignitate Optimatibus Ecclesiasticis Secularibus personis pro utilitate Ecclesiae stabilitate Regni pertractatum Seven of them are Rege praesidente 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 Ex Synodis et Legibus Alfredi Etheldredi et Edgari Edgar in their Synods or placita generalia went in the same practise and since Thus Ethelwold appealed Earle 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 In the year 1052 under Edward the Confessor Statutum est placitum magnum extra Londinum Gesta Ed Galice quod Normani ex Francorum consuetudine Parliamentum appellant where the King and all his Barons appealed Godwyn for his brother Alrveds death The Earle denyed it and the King replyed thus My Lords you that are my Liege-men Earles and Barons of the Land here assembled together have heard my appeale and his answer unto you be it left to doe right betwixt us At the great Councell at Westminster 1072. Regist Cantuar in Easter week the cause of the two Archbishops Lanfrank and Thomas Ventilata fuit in presentia Regis Gulielm and after at Windsor finem accepit in presentia Regis At the same Feast Anno 1081. the usuall 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 and Baldwyn Abbot of Burie Regist Sanct Edmundi was also argued Et ventilata publico Rex jubet teneri judicium causis auditis amborum The diligence of his son the learned Henry the first in executing of this part of the Kingly function is commended to posterity by Walter Naps Walter Map●● a learned man trayned up and deare in favour with Hen. the second in these words Omnia Regali more decentique moderamine faciebat neminem volebat egere justitia vel pace consbituerat autem ad tranquillitatem omnium ut diebus vocationis vel in domo magna sub dio copiam sui faceret usque ad horam sextam which was till 12. as we now account secum habens Comites Barones Proceres vavasores Hen Hunting Malmsbury to hear and determine causes whereby he attained the sirname of Leo Justitia in all Stories and so out-went an quite quiddance of thestate his bestprogenitors The next of his name that succeeded is remembered every where for the debates and disputes he heard in person with Thomas the Archbishop and others of his part at the greatest Councells both at London Clarendon and Northampton for the redresse of the many complaints of the Commons against out-rages and exortions of Clergy-men In the yeer 1057. Die Penticostae apud S. Edmundum the same King diademate insignitus with the Bishops Regist