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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

without male eng●n for ever So Math. Paris informes us b An. 1164 And Antiq. Eccl. Brit. pag. 122. Math. Westminster thus briefly expresseth it Apud Claredonum coram Rege Magnatibus Regni f●cta est recordatio Regnorum Libertatum consuetudinum c Annal pars posterior p 490. Hoveden thus records it Eodem Anno R●x Magno Congregato Concilio omnibus Archiepiscopi● Episcopis Angliae coram illo congregatis retiit c. The Commons for ought appeares were no Members of this Parliament Anno 1165. There was a Parliament held at Nonthampton Castle wherein as William Fitz Stephens and d Titles of Honor. part 2. c. 5 sect 2● p. 705. Mr. Selden out of him Secunda die consul●ntibus Episcopis Comitibus Baronibus Anglir Omnibus Archbishop Becket was accused of Treason and thereupon the King demanded judgement against him All of them accorded that for his contempt in not coming upon the Kings summons and sending no excuse all his goods and moveables should be at the Kings mercy Whereupon there grew a difference between the Bishops and Barons which of them should pronounce the sentence against him the Barons excusing themselves and putting it off to the Bishops and the Bishops putting it off from themselves to the Barons Whereupon the King moved with the controversie about pronouncing the sentence thereupon the contoversie ceased and Henry de Bloyes Bishop of Winchester was at last enjoyned to doe it and pronounced it against his will e Hoveden Annal. pars poster p. 561. to 566 Math. Patis p. 127. Anno 1176. There was Concil generale a Parliament or Generall Assembly of all the Bishops Abbots Priors Earles and Barons of England held at Westminster for the determination of the great contention between Alfonso King of Castile and Sancho King of Navarre touching divers Castles and Territories in Spain submitted to the determination of our King Henry the second who all meeting together their Advocates being fully heard in prasentia nostra EPISCOPORVM COMITVM BARONVM NOSTRORVM King Henry the second habito cum EPISCOPIS COMITIBVS BARONIBVS NOSTRIS cum Del●beratione consilio did accordingly determine it COMITES BARONES Regalis Curiae Angliae ADJVDICAVERVNT Blevariam urrique parti supra dictorum quae in jure petita su rant fieri restitutionem writes Hoveden whose judgement the King ratified by his Charter under the great Seal of England f Hoveden Annal pars posterior p. 556. Anno 1173. Lewis King of France cum Archiepiscopis Episcopis Comitibus Baronibus Regni sui bringing with them our King Henry the 2d. his 3. sons and Henry their Father King of England cum Archiepiscopis Episcopis Comitibus Baronibus terra suae met between Gisort and Trie on the seventh of October and there treated of an accord between the King of England and Henry his son g Hoveden Annal. pars poster p. 544. Anno 1175. King Henry the second and the King his Son went to Yorke where they met William King of Scots and David his brother with almost all the Bishops Abbots and great men of their Kingdomes where the agreement made between the King of Scots and King Henry the Father was read and confirmed before the King his Son Roger Archbishop of Yorke Hugh Bishop of Durham Comitibus Baronibus Angliae coram Episcopis Abbatibus Comitibus Baronibus Regni Scotiae in Ecclesia sancti Petri Eboraci So as the Kings Bishops Abbots Earles and Barons of England and Scotland too without any conjunction or mixture of Knights and Burgesses were the only Parliaments to conclude peace or war or enact Laws in this Kings reign h Hoved. Annal pars poster p. 546. Antiq. Eccles Brit. p. 94 95. The same yeer 1175. King Henry the second Magnum Congregavit Concilium apud Windeshores in octavis S. Michaelis praesentibus Rege filio Richardo Cant. Archie●isc Episcopis Angliae coram Laurentio Dublinensi Archiepisc prasentibus etiam Comitibus Baronib●s Angliae In which Councel the Catholike Archbishop of Tuaman and Cantoris Abbot of S. Brandon and Master Laurence Chancellor of Roderic King of Conact made a finall concord with King Henry the Father on the behalf of Roderit King of Conact recorded at large by Hoveden At this great Parliament upon this occasion we read of none but the King Archbishops Bishops Earles and Barons of England to be p●esent not any one Knight of a Shire or Burgesse i H●v●den Ann● pars post p. ●4● Anno 1176. King Henry the second held a Parliament or Concil●um mog●um at Notting●am de S●●tutis Reg●i sui coram R●g●filio suo coram Archiepiscopo Episcopis Comitibus Baronibus Regni sui Communi omnium Concilio d●v●sit Regnum suum in s●x part●s per quarum singulas tres justiciarios itinerantes const●tuii After which he records the Justices names and the Counties allotted to each of their divisions by which testimony it is most evident that the King and the Spirituall and Temporall Lords and Barons were the only members of Parliament in this Kings rai●n and did order and make Laws for the whole Kingdome without the Commons of which there is no mention in any Parliament or Councel in this Kings life that I can finde nor in * Annal. pars p●st p. 653. A●●o 1189 when there was a peace concluded between King Henry the second and Philip of Fr●n● thus expressed by Hov●den Convenerunt igitur prae●cti ●ex Franciae R●x A●g●ae Richard●● comes Brittannicorum cum Archiepiscopis Episcopis Comitibus Baronibus suis circa festum Apostolo●um Petri Pauli ad co●oqutum inter Turonem Aras c. k Hove●en Annal. p. 〈◊〉 post p. 5●6 〈…〉 p 94 95. Anno Dom. 1189. King Richard the first after the death of King Henry the second on the third day of S●ptember was crowned at W●stminst●r by B●ldwin Archbishop of C●nterbury divers other Archbishops Bishops Abbots Priors and the EARLS and BARONS of England being assembled together at London and present at it quorum consilio by whose advice he was crowned That same year Philip King of France sent Embassadors to King Ri●hard of England to acquaint him that the King of France in a General Councel at Paris and all his Nobles had sworn upon the holy Evangelists that God willing they would immutably be at Vizels by the end of Easter in their voyage towards the Holy Land desiring that he and his Earls and Barons would do the like meet him there at that time Hinc factum est quod Richardus Rex Angl. Conutes Barones sui qui crucem suscepe●unt in generall Concilo apud Londonias juraverunt tacti● Sacro-sanctis Evangeliis c. to meet them there at the time appointed and both the King of Fr●●● his Embassadors and others on the behalf of the King of England juraverunt in

Factus est Conventus Episcoporum Abbatum pariter Magnatum or Procerum Regni as Eadmerus Londoniis in Pal●tio Regis Wherein there was an accord made between the King and Anselm touching investitures of Bishops per concilium Ans●lmi Procerum Regni In this Councel Anselm coram Rege Regnique Episcopis Principibus exacted obedience and subjection from Girald Archbishop of York p Hoveden Annal. pars 1. p. 472. Eadmer Hist Nov. l. 4. p. 94 95. Anno 1108. to redresse the incontinency of Priests King Henry the first adunatis ad curiam suam in sol●●nitate Pentecostes apud Londonium ●unctis ●a●orthus Regni de negotio cum Anselmo Archiepiscopo caeter●● Episcopis Angliae tractavit Divers Laws and Canons were there enacted for this purpose which were thus prefaced Haec su●t Statuta de Archdiaeonibus Presbyteris c. quae statuerunt Anselmus Cantuariensis Archiepiscopus Thomas Eboracensis Archiepiscopus electus cum eo Omnesque al● Episcopi Angliae in praesentia Gloriosi Regis Henri●i Assensu Comitum Baronum suorum c. Or Assensu Omnium Baronum suorum as Eadmorus renders it Statutum est c. q Eadmerus Hist Nov. l. 5. p 114. Anno 1114. H●nricus Rex jussit Omnes Episcopos Principes totius Regni ad curiam suam sub uno venire Itaque ut R●x jusserat XVI Kal. Octobris Conventus O 〈◊〉 apud Westmonasterium in Palatio Regis factus est Where the Popes Letter concerning the Bishops of England was read and debated r Hoveden Annal. pars 1. p. 473. Eadn●erus Hist Nov. l. 5. p. 519 Anno 1115. XIII Kal. Aprilis factus est Conven●us Opiscoporum porum Abb●t●n Principum totius Regni ap●d Serberiam cogente eos illuc Sanctione Regis H●nrice writes E●dmerus Which Hoveden thus expresseth Comites Barones totius Angliae apud Salesberiam decimo qu●rto Calendas Aprilis convenerunt In this Parliament the King substituted his Son William to succeed him as his Heir Igi●ur ●gnita Regis volunt●te mox ad nutum ejus Omnes Principes homines ipsius Willielmi And in this Parliament the controversie between Ralph Archbishop of Canterburi● and Thurstan Archbishop of York concerning obedience to the Sea of Canterburie was debated and Thurstan ordered to submit whereupon he renounced his Archbishoprick in a Pet. s E●dmerus Hist Nov. l. 5. p. 118. The same yeer in A●●ust following one Anselme came from R●me to King Henrie the first being in Normandie bringing Letters from the Pope authorizing him to be his Legat in England which in a short time being made known in ENGLAND Admirats erg● Episcopi Abb●tes Nobiles Duique Londoniae adun●ti snut super his quibusdam a●●s praesente Regina Communi Concilio tractaturi where they resolved to prevent this Innovation and sent the Archbishop of Canterburie to the King to prevent and inhibit this Legats entrance into the Kingdom After which one t ●admerus Hist Nov l. 6 p 137 138. Peter obtaining a Power Legatine from the Pope over England and Ireland this King returned him this Answer Legationis illius st●bilem authoritatem non nisi per conniventiam Episcoporum Abbatum Procerum ac totius R●gni Co●ventum roborari posse constare● These respective Presidents clearly manifest that our Parliaments and great Councels all his Reign consisted only of the King with all the Spirituall and Temporall Lords and Barons without any Commons Knights or Burgesses at all of whom we finde no mention n Math. Pa●is p. 71. Huntindon Hist l. 8. p. 386. Anno 1137. King Henry dying leaving Maude the Empress his right Heir Stephen contrary to his Oath invaded the Crown Congregatis enim Londoniis Regni Magnatibus meliorationem l●gum promisit juxta voluntatem arbitrium singulorum whereupon OMNES tam PRAESULES quam COMITES Barones qui filiae Regis suis Haeredibus juraverant fidelitatem cons●nsum Stephano praebuerunt dicentes fore nimis turpe si tot Nobil●s faeminae subderentur c. x Continuatio●d Florent Wigorniense● p. 519. Anno 1138. King St●phen on the fourth of April held a Councel at Northampton in which the Archbishop of York sate President the Prelates Abbots Earls Barons and all the Nobility ●f England being there present * Hen. Huntindon hist l 8. p. 395. 1150. T●cohall Archbishop of Canterbury held a Generall Councel at London in Midlent where King Stephen and his son Eustace ET ANGLIAE PROCERES interfuerunt and the Nobles of England were present but no Commons that we read of y Math West An. 1153. p. 42 Anno 1153. King Stephen having no Heir but Duke Henry recognovit in Conventu Episcoporum aliorum Regni Optimatum acknowledged in an Assembly of the Bishops and other Lords or Nobles of the Realm that Henry had an hereditary right to the Kingdom of England and the Duke peaceably granted that Stephen should quietly enjoy the Kingdome during his life Ita tamen confirmatum est p●ct●m quod ips● Rer Episcopi tunc praesentes cum caet●ri● R●gni Optimatibus jurarent quod Dux Henri●us post mortem Rogis fi illum super viveret r●gn●misine aliqua contradictione obtineret z Gul. Nubrigensis Rerum Angl. l. 1. cap. 32. An. 1154. King Stephen about the feast of Michael the Archangel cum Episcopis Nobtlibus A●glie Conciltum Londoniis col h●aturus tum pro Rigni Negotiis tum etiam n●g●tio vacant 〈◊〉 Ecclesiae Fibor●consis writes Nu●●gens●s By which passages it is evident that the Parliaments of his Reign consIted only of the King Bishops and other Spirituall and Temporal Lords without any Commons for ought appeares by Storie a Math. Paris Hist p. 96 97. An. Dom. 1164. King Henry the Second held a Parliament at C●arendon wherein John 〈◊〉 Oxoni● sate President is 〈…〉 Regi● 〈◊〉 etiam M●chiepistop●s 〈…〉 Prloribus Comitibus B●●onibus 〈◊〉 Regnie where there 〈◊〉 Recognition made of a certain part of the Customes and Liberties of his Ancestors to wit of Henry his grandfather and others which ought to be observed in the Kingdom 〈◊〉 to be 〈◊〉 by all by real● of the dissentions and discords often hapning betw●en the Clergy and the Pemporall Justices and great men of the Kingdome Among these Customes this is one Aro●●●piscopi Episco●● universae person● Regni qui do Rege●ra●●●● 〈…〉 pess●ssiones 〈…〉 〈…〉 〈…〉 Regis 〈…〉 intur fa●ano owner consur●●di●es Reg●● 〈…〉 CAETERI BARONES DEBENT interesse JUDICIIS CURIAE CUM BARONI BUS quousque pervematur ad deminutionem membrorum vel ad mortem This Recognition the Archbishops Bishops Abbots Priors Clergy tum Comitibus Baronibus Proceribus Cundis with all the Earls Barons and Nobles swore unto and firmly promised in the word of truth viva voce to keep and observe to the King their Soveraign and to his Heires bona fide and

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 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 Pro. 22. 28. Remove not the ancient Land-mark which thy Fathers have set Grat. Caus 27. Quaest 2. Etiam quod habuit emittat qui quod non accepit usurpat LONDON Printed for Robert Hodges 1649 THE FIRST PART OF AN Historicall Collection of the ancient PARLIAMENTS of ENGLAND THe grosse Ignorance of the ancient constitution of our English Parliaments and fanatick dream of A Supreme Parliamentary and absolute Legislative Authority in THE HOUSE OF COMMONS ALONE yea in a meer REMNANT of it after its dissolution by the Kings beheading first broached by Lilburn Overton and their Levelling party who first suffered under and now most inveigh against that USURPED EXORBITANT POWER being in my apprehension next to Gods wrath for our sins the principal ground-work of all the late unparalleld insolent that I say not monstrous and brutish proceedings against the late and present King the House of Peers and secluded Majority of the late Commons House by the Army and those who now presume to entitle themselves THE PARLIAMENT OF ENGLAND and by pretext thereof obtrude what Acts and Taxes they please upon the people to enslave them to their new erected SOVERAIGN TYRANNY to the hazard of our Kingdoms and of Parliaments themselves I conceived I could not do a more acceptable service to God the Kingdom or this new INSANUM PARLIAMENTUM of NOVICES IN PARLIAMENTARY AFFAIRS to reduce them to their right wits again being more then BEDLAM MAD as their Acts and Actions testifie then to spend some vacant Hours in gathering into one or two small Bundles the scattered Histories and Records of our ancientest Parliaments and Great Councels which are strangers and unknown to most to instruct their Ignorance check their Arrogance rectifie their presumptuous Ex●●bitances and restore our Parliaments to their ancient constitution splendor honour limits and preserve them from utter abolition for the future through the over-swelling Greatnesse and unsufferable Vsurpations upon King Lords Commons and Kingdom by those now sitting and acting alone beyond and against all Parliamentary precedents in former ages to the astonishment of the present and wonder of succeeding times It is a rule in the Canon Law a Gratian ●aus 11. Quast 2. Privilegium meretur amit●ere qui abutitur potestate yea a Canon in Gods own sacred Law b P●o. 16. 18. Dan. 4. 37. Pride goeth before destruction and an haughty spirit before a fall and not so only but it is commonly the cause as well as the fore-runner thereof The Scripture Canon assuring us That a mans pride shall bring him low Prov. 29. 23. Isa 13. 11. c Gen 3. 5. Adam's and Eve's aspiring pride to become as Gods knowing good and evil degraded them below the primitive condition of man wherein they were created and made them like to the d ●sal 49 12. 20. very beasts that perish The e 1 Tim. 3. 6. 2 Pet. 2. 4. Isa 14. 11 12 13 14. ambitious Angels aspiring to be Gods tumbled them down from heaven and metamorphosed them into Divels f Dan. 4. 29. to 35. Nebuchad●●zar's over-weening pride turned him out of his Royall Throne and pallace to grase among beasts And King g Acts 12. 22 23. Herod's bare acceptance of this slattering applause The voice of a God and not of a man made him by the hand of divine Vengeance a present prey to the vilest worms who eat him up alive But to come neerer home What overthrew and destroyed the late be headed King Strafford Canterbury what suppressed abolished the h See the Acts for their suppressio● 17. Caroli Star-chamber High-Commission Councel-Table and our Prelates with their Courts but their encroaching usurping exercising of an exorbitant illegall over-swelling transcendent power and jurisdiction above against and beyond the rules and bounds of Law And what abated the Authority Honour Esteem and reall Power of the late two Houses of Parliament and rendred them vile and despicable in the peoples eyes and affections but their surpassing the bounds of their ancient Parliamentary priviledges and Authority to the grievance of the people Which being so far exceeded in all kinds and degrees by some late Commons now sitting stiling themselves The Parliament and Supreme Authority of England and acting more arbitrari●y and tyrannically in all things then ever any Kings or Parliaments in former ages to the insufferable injury and oppression both of the King Kingdom People and all sorts and professions of men will in conclusion thereby inevitably occasion their own speedy downfall and irrecoverable perdition and without Gods great mercy ruine all our future Parliaments at least wise much eclipse their Honour and Esteem and much abridge the Commons former power and Jurisdiction by bringing all their encroached Authority unto a legall scrutiny and debate which absolute necessity enforces men to for their own and the Kingdoms common preservation and engaged me principally upon this Historicall Collection of the ancient Parliaments of England to abate the swelling Tympany and c●re if possible the exorbitant distempers and dangerous Insolencies of the Levelling sitting Commons who have neither precept not precedent Law nor Canon nor the least shadow of authority from God or Man King or people or any reall priviledges or constitution of our Parliaments to justifie their late proceedings in the least degree The Method I observe in marshalling these Collections is only Chronologicall according to their respective Antiquities beginning with the Reigns of Easewin and Kentwin Anno Domini 673. and ending with King John Anno 1216 containing in all the space of 543 years during which large proportion of time and many yeers after our Parliaments were constituted and made up onely of our Kings Princes Du●es Earls Nobles BARONS Spirituall and Temporall Lords and those who in later ages we stile the HOVSE OF PEERS without any Knights of Shires Citizens Burgesses elected by the people as their Representatives or

any House of Commons not known nor heard of in these elder times though those who now stile themselves the Commons endeavour to cashier both King and Lords from being Members of our Parliaments contrary to our Laws Statutes Oathes and solemn League and Covenant and the practice of all former ages at whose Doors and Barr themselves have waited and stood bare upon all occasions till within these few months as their professed Superiours and the onely Judges in Parliament being but so many Grand-jurie men to present the Kingdomes grievances to their Superiour Tribunall and crave their redresse and censure of them A sufficient refutation of their present usurpation over them But to proceed to the intended Subject without any further Prologue a Mat. West An. 673. p. 236. Edit Londini 1570. Florent Wigorniensis An. 673. An. Dom. 673. Theodor. Archbish of Canterbury assembled a Parliamentary Councel at Hertfort praesentibus EPISCOPIS ANGLIAE AC REGIBUS Easewin and Kentwin MAGNATIBUS UNIVERSIS all the Bishops of England and the Kings and all the Nobles being present but not any Knight● Citizens Burgesses or Commons that we read of b Spelmanni Concil tom 1. p. 189 191. An. 694. there was Magnum Concilium a great Councel or Parliament held at Becanceld in which Withred King of Kent sate President nec non Bertuvaldo reverendissimo Archiepiscopo Brittanniae simulque Tobia Episcopo Roffensis Ecclesiae caeterisque Abbatibus Abbaticis Presbyteris Diatonibus DUCIBUS SATRAPIS in unum glomeratis pariter tractan●es anxiè examinantes de statu Ecclesiarum Dei c. But we finde no Knights nor Burgesses present among them c Ant. Eccles Brit. p 20. An. 710. or neer that yeer there was a Councell held at W●●cester by Pope Constantines advice at the desire of Egwin Bishop of Worcester non Religiosorum modo s●d etiam REGNI PROCERUM but without any Commons d Wil. Mal●esb de Gestis Aug. Pontif l. 1 p. 197. Ant. Eccles Brit. p. 11. Spelman Concil p. 242. 245. An. Dom. 747. in the Councel of Clyff there were present besides the Bishops and many Priests and Ecclesiastical Persons Aethelbaldus King of Mercians cum OMNIBUS REGNI SUI PRINCIPIBUS DUCIBUS but not one Knight or Burgesse mentioned by Historians e Spelman Concil tom 1. p. 291. 293. 300. Magdeburgens ●ent 8 c. c. 9. col 575. An. 787. in the Councel of Colchuth consisting of two Sessions the First coram Alfwold● Northumby●brorum REGE MAGNATIBUS SUIS assidentibus vero Eanbaldo Eberacensi Archiepiscop● c●terisque illius Provincia Episcopi● The second Merciorum coram Offa REGE ibidem SUIS MAGNATIBUS jam assidentibus Ja●berth● Cantuaria Archiepiscop● caterisque suae Provinc●ae Episcopis we meet with none but these Kings their Nobles Archbishops and Bishops present Convenerunt OMNES PRINCIPES REGIONIS TAM ECCLESIASTICI QUAM SECULARES but no Knights nor Burgesses at all In this Councell no other but a a Parliament to which the Kings Archbishops Bishops Abbots Dukes and Earles subscribed their names cap. 12. De Ordinatione honore regum there is this notable Canon against killing and putting Kings to death In necem Regis nemo communicare andeat quia Christus Domini est si quis tali sceleri adhaes●rit si Episcopus est aut ullus ex Sacerdotate gradu ex ipso detruiatur à sancta haereditate dejiciatur sicut Iudas ab Apostolic● gradu dejectus est omnis quisquis tali sacrilegio assenserit aeterno anathematis vinculo interibit Judae traditori sociatus sempiternis cromabitur incendiis ut scriptum est Non solum qui faciunt sed qui consentiunt facientibus judicium Dei non effugiunt Durnamque E●●uchi Asuerum Regem interficere cupientes in patibulum suspensi sunt Animadvertitè quid fecerit David praefecto cum es Dominus dixerit Ego tradam Saul in manus tuas eum invenit dormientem 〈◊〉 hortatus is milite ut occideres eum dixit Absit à me peccatum ut extendammanū meam in Christum Domini Illum autem militem qui post mortem ejus venit ad eum protestans quod ipse occiderat der at Saul capite tru●cavit reputatum est ei ad justitiam ●●●ini ejus post 〈◊〉 Exemplis namque apud not saepe probatum est quod quicunque inter●●cienis Dominorum fuere in spai●● vitam 〈◊〉 atroque jure ●●●●erunt f Spelman Concil p. 310. An. Dom. 793. King Offa held a Councel at Verelam with Archbishop Humbert his Suffragans PRIMATIBUS SUIS UNIVERSIS wherein this King SVORUM MAGNATVM sane acquiescens consilis presently took a painfull and costly journey to Rome g Spelman Concil p. 313 314. An. 794. King Offa after his return from Rome celebrated two Councels the one at Celchyth where were present 9. Kings 15 Bishops and 20. Dukes but no House of Commons The other at Verelam consisting only of Bishops and Nobles Congregato 〈◊〉 Verelamium EPISCOPORVM OPTIMATVM Concilio h Boniface Mogunt Epiff 112. M. Seldons Titles of Honor part 2. c. 5. p. 632. About the yeer 796 Cynewlf King of Westsax held x Councel wherein he writes to Lullus Bishop of Ment● touching matters of Religion and 〈◊〉 EPISCOPIS 〈◊〉 nec 〈◊〉 catervo SATRAP ARVM to wit of his lay Dignities i Spelman Concil p 318. 320. Malmesb. de gestis Regum Angl. l. 1. cap. 4. An. Dom. 800. Kenulf King of Mercians called to the Councell of CloVesha all the BISHOPS of his Kingdome DVGES Abbates CV JVSCVNQVE DIGNITATIS VIROS wherein the King cum EPISCOPIS DVCIBVS omni sub nostri ditione DIGNITATIS GRADV writ a Letter to Pope Leo the 3. about Church affaires therein concluded where there is no mention of any Commons k Spelman Concil p. 328. An. 816. in the Councel of Celichyth Wulfred Archbishop with diVers other Bishops were present so was Coenulf King of Mercia cum suis PRINCIPIBVS DVCIBVS OPTIMATIBVS but not a syllable of his Commons Knights or Burgesses presence l Spelman Concil p. 333. 334. About the year 822. in the Councel of CloVesh● wherein Beornulf King of Mercians sate President Wulfrid Archbishop with the rest of the Bishops and Abbots OMNIVMQVE DIGNITAIVM OPTIMATIBVS ECCLESIASTICARVM scil SECVLARIVM PERSONARVM were present but no Knights of Counties nor Burgesses And An. Dom. 824. there was another Councel held under the same King at the same place Assidentibus EPISCOPIS ABBATIBVS PRINCIPIBVS Merciorum VNIVERSIS but no Commons for ought appears the King Archbishop Bishops and Dukes subscribing their names to the Decrees there made but no Knight nor Burgesse m Ingulphi Hist p. 855. Spelman Concil p. 336. An. 823. There was Concilium Pan-Anglicum a Parliament or Councel of all England celebrated at London praesentibus Egberto REGE West-Saxoniae Wethlusis REGE Merciorum utroque

ARCHIEPISCOPO caeterisque Angliae Episcopis MAGNATIBVS who subscribed it n Spelman Concil p. 342. An. Dom. 838. I read of Concilium Pan-Anglicum a Councel or Parliament of all England held at Kingston where King Egbert and his Son Ethelwalf presided una cum Ceal●●tha the Archeipiscope Doroberniae caeterisque Anglia EPISCOPIS OPTIMATIBVS Wherein the manner of Mallings which King Baldre● had sometimes giVen to Christ-Church in Canterburis and afterwards substracted from it Eo-quod MAGNATES 〈◊〉 donationem illam ratam fore Et quia ille Rex CVNCIIS PRINCIPIBVS non placuit nolu 〈◊〉 donum ejus per 〈…〉 was now again resetled and confirmed to that Church by King Egbert and his Son A●helwolf consentientibus demum MAGNATIBVS A clear evidence of the Noble-mens Negative voice in Parliaments to hinder the King from disposing any Lands of the Crown to pious or other uses without their consents in Parliament where we finde not a word of the Commons or of their assent or dissent in that age o Spelman Concil p. 344. An. Christi 850. There was a Councel kept at Benningdon à PRAELATIS ET PROCERIBVS Regni Merciae under King Bertulph where Lands were setled and confirmed on the Abbie of Crowland by the King Bishops and Nobles without the assent or mention of any Commons p Spelman Concil p. 344. An. Dom. 851. There was a Councel held at Kingsbury under King Bertulph praesentibus ●eolnotho ARCHIEPISCOPO Do●oberniae caeterisque Regni Merciae EPISCOPIS MAGNATIBVS without Knights or Burgesses which setled the affaires of the Realm and confirmed this Kings ample Charter to the Abbey of Crowland subscribed by the King Archbishop Bishops Abbots Dukes and Earles q Malmesh de Gestis Regum Angl. l. 2. c. 2. Ingulphi Hist Matth. Westm Anno 854. Wigorniensis An. 855. Spelman Concil p. 348 350. Seld. Titles of Honor p 2. cap. 5. sect 6. p. 633. An. 855. There was a Parliament or Councel of all England held at Winchester where Ae●helwolf King of West-sex Beorred King of Mercia and Edmund King of East sex were present together with the Archbishops of Canterbury and York caeterisque Angliae Episcopis Magnatibus wherein King Aethelwolf omnium PRAELATORVM AC PRINCIPVM SVORVM gratuito consilio without any Knights or Burgesses there expressed gave the tithes of all the lands and goods within his Dominions to God and the Church there stiled Concilium salabre which hath continued ever since in force till now About the yeer of our Lord 930. * Wil Malm●b de Gest Reg. Angl. l. 2. c. 6. p. 52. King Aethelstan by his Charters gave divers lands to the Abbey of Malmsbury in one whereof there was this Subscription or Postscript S●iant Sapicutes Regionis nostrae no● ha● ha● prata●●s terras me injuste rapuiss● rapinam Deo d●diss● sed sic 〈◊〉 accepi QUEMADMODUM JUDICAVERUNT OMNES OPTIMA●ES REGNI ANGLORUM to wit in a full Parliament which then consisted only of the King and all the Nobl●s of England as these words insinuate who adjudged these 〈◊〉 to be the Kings and not Elfreds which E●fred forwearing himself before the A●tar of Saint Peter at Rome in the presence of Pope John and there falling down dead as soon as he had forsworn himself and dying within three daies after the Pope thereupon sent to King Ethelstu● to advise him what he should doe with his body and whether he should be buried with other Christians Whereupon OPTIMATES REGIONIS NOSTRAE humbly desired of the King that he might have Christian buriall which he assented to the Nobles only being then the only great Councel of the Kingdom assembled it seems upon this occasion to advise the King what Answer to return to the Pope concerning Elfreds but all whose lands they then adjudged to be forfeited to the King for his Treason against him in his life time in ●ndeavouring to dis●n●●● it him of his Crown and to imprison and put out his eyes * Wil. Malmsb. de Gest Reg. Angl. l. 2. c. 7. p. 53 54. Anno Dom. 944. Indict 1. King Edmond granted many large Liberties and the Mannor of Gl●stenbury to the Abble thereof by his Charter made it seems in Parliament as most of such Charters were which begin● thus In nomine Domini c. Ego Edmundus Rex Anglorum 〈◊〉 que Gentium gubernat●● 〈◊〉 Rector CVM CONSILIO ET CONSENSV OPTIMATVM MEORVM conced● Ecclesiae Sanctae D●i Gini●ri●●● Muriae Glastoniae c. A clear evidence that the Nobles in that age were the Kings great Counsell and Parliament without any Knights Citizens or Burgesses of which we finde no mention in Charters or Storie r Ingulphi Histor p. 874. Spelman Concil page 428. Mr. Seldeno Titles of Honor part 2. ch 5. p. 633. An. 948. There was a Parliament or Councel held at London under King Ed●●d on the Feast of the Nativity of the Virgin Mary cum universi MAGNATES REGNI per Reg●●m Edictum summoniti tam Archiopiscopi Episcopi A●●ites quàm caeteri totius Regni PROCERES ET OPTIMATES Londoni convenissent ad tractandum de●n●go●is publicis 〈◊〉 ●egni Where we read of no Knights Citizens or Burgesses bu● only of Archbishops Bishops Abbots and all the Nobility of the Land summoned to this famous Parliament to consult of the publike affaires of the whole Kingdome Anno 965. so Malmsbury Malmsb● de Gest●s Reg. Angl. l. 2. cap. 8 p 56 57. or 970. So Spelman King Edgar called a Councel at London where himself his Mother Cli●● his Successor t Spelman Concil p. 483. the King of Scot● the Admirall 〈◊〉 both the Archbishops cateriq●● Episcopis 〈…〉 Prop●●bus were present and subscribed his Charter therein granted to the Abbey of Glastenbury COMMUNI EPISCOPO●UM A●●ATUM PRIMORUM QU● CONSI●●O GENERALI AS●INSU PONTI●ICUM A●BATUM OPTIMATUM 〈◊〉 CONCI●●O OMNIUM PRIMATUM ●●ORUM without any Commons present or mentioned to be there t Spelman Concil p. 490. An. 975. King Edgar and his Queen Elf●●us Prince of M●●●ia 〈◊〉 Duke of the East-●●gles Elfwol● his kinsman Archbishop Dunstan cum caeteris Episcopis Abbatibus Brick●●tho COMITE cum NOBILITATE TOTIUS R●GNI held a Councel at Winchester without any Commons u Huntingdon Hist l. 5. p. 357 Matth. West An. 755. usque 1002. An. 977. in the Counc●l of Cal●e under King Edward OMNES ANGLORUM OPTIMATES were present together with the Bishops and Clergy but no Knights and Burgesses for ought is recorded where the floor sinking under them all but Danstan fell down some of them being grievously hurt others slain upon which Henry Huntind●● makes this memorable Observation applicable to our times Signum scilicet Dei excelsi fuit quod Proditione Interfection● Regis sui ab amore Dei cas●ri assent 〈…〉 diversis Gentibus digna contrition● conter 〈◊〉 For King Ed●ard being soon after ●lain 〈◊〉 Gentis sua p●rsida who i●ici●ias qu●

viventi ingess●●ant 〈…〉 protelantes s●p●lier●●● 〈◊〉 ●ine Regis 〈◊〉 apud War●●● ut s●cut vitam Regis extinxorant it● ●amen ejus extinguer●●● Hi● verò comp●rtum est contra divina● providenti●●● non 〈◊〉 pravu● cor ●●inis ins●●●●abile Quam enim 〈…〉 Deus coelo glori●●è susc●pit memoria 〈…〉 Dominu● ●●jus 〈◊〉 Pr●d●tores ●bnubil●●● 〈◊〉 Ind● Domin●● i●●rum 〈…〉 prov●catus est plus 〈◊〉 irritat●● g●n●i ●●ssi●● 〈◊〉 i●extricabile conferre cogita●●t● Et quod fa●●re paraverat non distulit 〈…〉 multis parlib●● 〈◊〉 Anglia● quasi ●●bes c●eli c. till they had miserably spoiled enslaved and conquered the Kingdom and what particular judgements befell the cheife Authors of his murther you may read in x Anno 978. 979. Matth. Westminster and others God of his infinite mercy now prevent the like Nationall judgement upon us for the like pers●●ious practice and bloodshed cowards ou● King against our publike faith O●ths Covenants and Engagements y Spelman Concil p. 510 513 525 529. Anno Christi 1009. by King Ethelr●d● Edict ●●iversi Auglorum OPTIMATES di● sancto Pentecostes ad locum ab indig●nis Eanham nominatum acciti sunt conveni●e where they debated and decreed many things touching the Reformation of the Church and Gods worship and of the Common wealth which Generall Councel Sir Henry Spelman assures us was no other but a Parliament being summoned by the Kings Writ and determining of State affaires as well as Ecclesiasticall matters Adding that it was the ancient custome of our Kings at the Feast of the Nativity and at Easter to call together Proceres utriusque ordinis the Peers of both Orders Ecclesiasticall and Temporal not the Commons both to adorn their Royall State constlia regn● in●unda to their Parliaments So as the Lords Spiritual and Temporall in those ancient times were the only Parliament and great Councel of the Kingdome without any Knights of Shires or Burgesses of Parliament not known nor heard of in that and former ages for any thing clearly appearing in Histories or Records z Brampton Hist Journall M. S. p. 77 78. Mr. Seldens Titles of Honor part 2. c. 5. p. 634. See William Malmsb. de Gestis Reg. Angl. l. 2. c. 1. pag. 81 82. Anno 1052. Earl Godwin having had a Triall CORAM PROCERIBVS REGNI before the Peers of the Realm touching the death of Alfred under King Hardicnut and flying out of the Realm and afterwards returning in hope of King Edward the Confessors favour he sollicited the Lords to intercede for him to the King when the Parliament sate at London Rex OMNES REGNI MAGNATES ad PARLIAMENTUM tunc fuerunt The King as soon as he saw him called him Traitor and appeached him that he had traiterously slain his Brother Alfred which he denying and putting himself upon the consideration or triall of the Court The King thereupon said Clarissimi DOMINI COMITES ET BARONES t●●rae qui estis homines mei ligii modo hic congregati appellum ●eum responsumque Godwini audistis volo quod inter NOS in ista appellation● rectum judicium d●cernatis debitum justitiam faciatis COMITIBUS verò BARONIBUS super hoc ad invic●m tractantibus after much debate resolved to present the King with as much gold and silver as they could carry between their armes to beg and purchase the pardon which they did quorum consideratione Rex contradicere nolens quicquid JVDICAVERANT per omne ratificaVit A little before this there was another Parliament summoned by the King at * Wil. Malmes De Gest Reg. Angl. l. 2. c. 13. p. 81. Glocester concerning Godwin Quocirca TOTIVS REGNI PROCERES jussi Glocestriam conVenire ut ibi MAGNO CONVENTV res Ventilaretur Venerunt eo etiam Northumbri COMITES tunc famosissimi Sywardus Leofricus OMNISQVE ANGLORVM NOBILITAS onely Earl Godwin and his Sons qui se suspectos scierant sine praesidio armorum Veniendum non arbitrati staid at Burfarston with a strong band of armed men as Malmesbury relates So as in this age the King and his Lords and Barons only made up the Parliament without any Knights or Burgesses and the Lords had the right of Judicature vested in them which discovers Modus tenendi Parliamentum pretended to be compiled in this Kings Reign to be but a forgery These 27 Councels and Parliaments before William the Conquerors Reign besides others which might he added being made up and consisting only of Kings and their Spirituall and Temporall Lords and Nobles and enacting Laws Canons for the Reformation and Government both of Church and State without any Knights Citizens or Burgesses summoned to assist or advise with them or concurrent assents to ratifie what they enacted or ordered To these I shall annex some pregnant Precedents both in and since the Conquerours Reign or Parliaments consisting of the King and his Spirituall and Temporal Lords and making and enacting Lawes and Statutes without the Commons presence or consent some few of them now presuming to arrogate to themselves the sole power and title of the Parliament in England and absolute Legislative power without the King or Lords without and against all precedents in former ages About the year of our Lord 1060 King Edward the Confessor CONSILI O BARONUM suo●m Legem 167. annis sopitam excitavit excitatam reparavit reparatam decoravit decoratam confirmavit confirmata vo●ata est Lex Sancti Regis EDWARDI as the Manuscript Authour of the ancient Chronicle of Litchfield records and * Ad Eadmemerum Notae p. 171. Mr Selden out of him a Hoveden Annal. pars 1. pag. 600. 601. M. ●elde● Ti●●es of Honor. par 2. c. 5. sect 20. p. 701. Notae ad E●dmerum p. 1●1 c. Spelma● Concil p. 619. Anno Dom. 1070. King William the First commonly called the Conquerour Consilio BARONVM SVORVM by the counsell of his Barons in Parliament caused twelve noble and wise Englishmen skilfull in the Lawes to be summoned out of every County that he might hear their Laws and Customs from them who meeting and shewing what their Laws and customs were reduced into writing by Aldred Archbishop of York and Hugh Bishop of London who copied them out with their own hands they were with the ASSENT OF THE SAME BARONS for the most part confirmed in that assembly which was a Parliament at that time b Annal. pars Post p. 600. Hoveden writing de Legib●● Angliae statutis Willi●lmi servans post Conquestum hath this expression Hic intimatur quid Willielmu● Rex Anglorum Cum PRINCIPIBVS SVIS CONSTITVIT post conquisitio●em Angliae And King c Matth. Pa is in Hen. 1. p. 53. Edit Tiguri 1589. Henry the First in his Laws useth this expression Legem Regis Edwardi Vobis red●● cum illis emendationibus quibus Pater meus 〈◊〉 emendaVit CONSILIO BARONVM SVORVM a cleer evidence and proof

eodem Concilo c. mifit inde Chartam suam Regi Francia l Hoved. Annal pars poster p 735. Anno 1194. During the captivity of Richard the first a little before his release and return into England John his brother endeavouring to usurp the Kingdom from him sent one Adam a Clergy-man into England with Letters to fortifie all his castles against the King his brother who was apprehended together with his Letters by the Mayor of London who delivered all his Letters to Hubert Archbishop of Canterbury Qui in crastino convocatis coram to Episcopis Comitibus Baronibus Regni ostendit eu literas Comitis Johannis earum tenorem statim per commune Conclitum Regni de●initum est quod Comes Johannes dissaisiretur de omnibus tenement● suis in Anglia ut Castella sua obsiderentur ita factum est writes Hoveden m Mat. West an 1194. p 68. Mat. Paris p. 169. Ann. 1194 King Richard the first Concilio Procerum suorum by the advice of his Nobles was crowned the second time at Winchester though with some reluctancy n Hoved. An. pars posterior p. 736 737. On the 3● day of March 1195 he celebrated primum Consilii sui Die●n the first day of his Parliament at Nottingham at which Queen Elenor his Mother both the Archbishops one of them sitting at the Kings right hand the other at his left and sundry Bishops and Earles named by Hoveden were present On the 31 day of March the second day of the Parliament the King demanded judgment against Earl John his brother who against his fidelity sworn to him had seised and wasted his Castles and Lands on this side and beyond the Seas and entered into a covenant against him with the French King his Enemy He likewise demanded judgment against Hugh de Novant Bishop of Coventry who being privie to his secrets had deserted him and adhered to the King of France and Earl John his Enemies plotting all mischief to the destruction of his Kingdom Et judicatum est That Earl John and the Bishop should be peremptorily cited if they appeared not within forty dayes nec juri steterint judicarunt Comitem Johannem demeruisse Regnum Episcopum Coventrensem subjacere judicio Episcoporum in eo quod ipse Episcopus erat judicio Laicorum in eo quod ipse Vicecomes Regis extiterat The third day of the Parliament the King demanded Aids and Taxes which were granted The fourth and last day of the Parliament all the Clergy-men and Lay-men that would made their complaints against the rapines and exactions of the Archbishop of York and Gerard of Camvilla was impeached for harbouring and receiving Theeves and of Treason for ayding and adhering to Earl John and the Kings Enemies who denyed the Charges and those who accused him put in sureties to prosecute and he sureties to answer And this day the King appointed when he would be crowned which done this Parliament ended o Hov●d p. 7●1 78● 784. See pag. 743. 744. 745. Anno 1197. This King made a Law concerning the assizes of Measures and concerning Legall Proceedings and Pleas of the Crown and Forrests Haec est Assisa Domini Regis haec sunt praecepta de Forrestis suis in Anglia facta per Assensum Confilium Archiepiscop Episc Abbatum Comitum Baronum Militum totius Regnisui writes Hoveden That these Milites were Knights of Shires chosen by Writ appears not I conceive them to be rather Barons that were Knighted who were usually called Knights as * Inst 1 p. 5. ● 11. ● 3. 〈◊〉 ● B●cl 473. M. Seld. ●itles of H● no● p. 7●6 737. 770. 771. Sir Edward Cook and others write As for Burgesses and Citizens there is no mention of them so as in King Richard's Reign it is evident that p Se● M. Seld. T● of Honor. p●r 2. cap. 5. p. 706. 707. our Parliaments were held without any Commons or Burgesses by the King and his Spiritual and Temporal Lords only the proceedings in Parliament being still acted by and before the Barons as M. Selden observes In the first yeer of King John's Reign Ann. 11●9 on the ninth of June the King came to London where Congregatis Angliae Nobilibus he was crowned by Archbishop Hubert So q Ann. 1●99 p 76. Matthew W●stminster Congregatis itaque in adventu ejus Archiepiscopis Episcopis Comitibus Baronibus atque aliis omnibus qui coronationi ejus interesse debuerant So r H●st Angl. p. 189. Matthew Paris And that yeer I finde in s Annil 〈…〉 pa● 796. 797. Hoveden Statuta quaedam Johannis Regis beginning thus Eodem anno Johannes Rex Angliae Statuit concerning the price of Wines Sed hoc primum Regis Statutum vix inchoatum statim est adnihilatum quia M●rcatores hanc Assisam sustinere non poterant t Hoved pars poster p. 803. Ann. Dom. 1200. the great controversie touching the Barony that William of Mowbray ●laimed against William of Statvile which had long depended in suit in the Kings Court ●andem Conci●to Regni Voluntate Regis pax finalis concordia facta est by way of composition It seems there was a Parliament held that yeer and that the King and his Barons determined this controversie touching this Barony in Parliament v Mat. Paris Hist Angliae pag. 201. Matt. Westm An. 1204. p 80. Anno 1204 in the fift yeer of King John ' s Reign in crastino Circumcisionis convenerunt ad colloquium apud Oxoniam Rex Magnates Angliae ubi concessa sunt Regi auxilia militaria de quolibet scuto scilicet terrae duae Marcae dimidia Nec etiam Episcopi Abbates sine promissione recesser●nt And the same yeer there was x Rot. Parl. 5. Jo●n Reg. Membr 1. Num 3. Seld. Tit. of Hon. pag. 707. Commune Concilium Baronum Nostrorum at Winchester as appears by the Rolls of that yeer y Dor Par. 6. Joh R Memb. 2 4 Dors Claus 3. Seld. Titles of Honor par 2. cap. 5. p. 707. Anno 1205. certain Laws in the sixth yeer of his Reign were made for the defence of the Kingdom communi asse●su Archiepiscoporum Episcoporum Comitum Baronum omnium Fidelium Nostrorum Angliae who these Fideles were appears not certain it is they are stiled neither Knights Citizens Burgesses nor Commons and therefore may be well intended of those who adhered to the King against his Enemies or others specially summoned to assist the King and Lords as the Judges and others now are or else all the Kings privie Councel The ancientest Writ of Summons to Parliament extant on record as z Tit. of Honor p. 708. Dors Claus 6. Joh. R Memb. 3. Mr. Selden informs us is in this sixth yeer of King John directed to the Bishop of Salisbury Ma●damus vobis Rogantes quatenus omni occasione dilatione postposita sicut Nos

Honorem Nostrum diligitis ad Nos apud London die Dominicâ proximè ante Ascentionem Domini Nobiscum tractat●ri de magnis arduis ●●gotiis Nostris communi Regni utilitate Quia super his quae à Rege Franciae per Nuncios nostros suos Nobis mandata sunt undè per Dei Gratiam bonum speramus provenire vestrum expedit habere consitium A●●o●um Magnatum Terrae Nostra● ●uo● ad ●le● illum locum fecimus con●ocari Ves etiam ex parte nostra et vestra 〈◊〉 Priores Conventuales totius Diocaesis citari faciatis ut Concilio praedicto intersint sicut diligunt Nos Communem Regni utilitatem By which it is apparent that the Peers Spiritual and Temporal of the Realm were the onely persons summoned to treat with and advise the King as his great Councel and the other fideles but their assistants not any Burgesses Knights or Commoners elected by the people a Matt. Paris 〈◊〉 p. 21● Ann. 1209. King John requiring Hostages of William de Brause a Nobleman for his sidelity as he had done of others had this answer returned to the Messengers Si ipsum Regem in aliquo offendi paratus sum ero Domino meo sine obsedibus satisfacere secundum judicium Curiae suae Baronum Parium meorum certo mihi assignato die loco So that the Judgment of Parliament then resided in the Peers alone who together with the King and Spirituall Lords made up the Parliament b Matt. Paris p. 225. 230. 231. Anno Dom. 1213 on the 13 day of May King John Pandulph the Popes Legat cum COMITIBUS BARONIBUS assembled at Dover and concluded a form of Peace between the King and the Pope there mentioned at large The same yeer there was a Parliament held at S. Albans there described by Matthew Paris Interfuerunt Concilio apud Sanctum Albanum Galfridus filius Petri Episcopus Winton cum Archiepiscopo Episcopis Magnatibus Regni ubi cunctis pace Regis denunciata ex ejusdem Regis parte firmiter praeceptum est quatenus Leges Henrici avi sui ab omnibus in Regno suo custodirentur omnes Leges iniquae penitus enervarentur c. And the same year on the eighth of September there was a Conference or Parliament assembled at London which he thus expresseth Convenerunt in Civitate Londoniarum apud Sanctum Paulum Stephanus Cantuar. Archiepiscopus cum Episcopis Abbatibus Prioribus Decanis Baronibus Regni Where the Archbishop produced the Charter of King Henry the First of the Liberties of England which he caused to be read beginning thus Henricus Dei gratiâ Rex Angliae c. Sciatis me Dei misericordiâ Communi Concilio Baronium Regni Angliae ejusdem Regni Regem esse coronatum c. Towards the latter end thereof there is this clause Legem Regis Edwardi vobis reddo cum illis emendationibus quibus Pater meus eam emendavit Coneflio Baronum suorum When this Charter had been read Baronibus audientibus intellecta fuisset and understood by the Barons that heard it they exceedingly rejoyced with great joy and all of them swore in the Archbishops presence that when they saw a fit time they would if need were fight for their Liberties even unto death By which passages and Charters it appears most clearly that the Parliaments of England both in King William Rufus King Henry the First and King John's Reigns consisted only of the King and Spirituall and Temporall Lords and Barons without any Knights of Shires Citizens and Burgesses elected by the people and that they were the sole Law-makers in those times Anno 1114. being the fifteenth yeer of King John's Reign this King writes c Titles of Honor part 2. ch 5. p. 710. Mr. Selden summoned A KINDE OF PARLIAMENT to Oxford by this STRANGE WRIT of Summons that for ought that I have seen is without example and seems to point to that distinction of Tenants by Knights service which I call here BARONES MINORES of that time from the MAJORES or such as were properly BARONS The words of it are d Dors Claus 15. Joh. Reg. part 2. Mem. 7. Rex Vicecomiti Oxon salutem Praecipimus tibi quod OMNES MILITES Ballivae tuae qui summoniti fuerunt esse apud Oxoniani ad NOS à die Omnium Sanctorum ad 15 dies venire facias cum Armis suis Corpora verò Baronum sine Armis singulariter Indiscretos Milites de Comitatu tuo illuc venire facies ad Nos ad cundem terminum ad loquendum Nobiscum de negotiis Regni Nostri Teste Meipso apud Witten 11. die Novembris E●dem modo scribitur omnibus Vicecomitibus This President seems to prove that there were Knights of Shires summoned to Parliaments in King Johns reign To which I answer First that it appeares not by any Historie or Record that there was any Parliament held this yeer by King John and Mr. Selden calls it not a Parliament simply but only a kinde of Parliament or something like it being in truth rather a Councel of Warre then a Parliament as the Writ import● it being against the rules and e Cook 4. Instit p 15. Custom●s of Parliaments for men to come armed to it Secondly The Historie of that yeare imports that the King received a great overthrow in France about this time Upon receipt of the tidings whereof he was much dejected and used this Speech to those that stood about him f Math. Paris p. 242. Since the time I subjected my self and my Kingdomes to the Church of Rome alas for grief nothing hath hapned prosperously but all things contrary to me and therefore it is probable that this Summons was only of such Knights and others who g Math. P●●is p 231. M. Sel●ens Titles of Honour p. 71● held by Knights service of him and were bound to assist him in his warres by their Tenures to aid him with their Armes and counsell in this distresse he having done the like before h Math. Paris p. 198 200 201 204. 224. by his Writs and fined those who disserted or refused to assist him in his Warres two or three times over before this yeer there being divers Writs and Presidents of this Nature cited in the late i Exact Collection p. 850. c. discourses about the Commission of Array Thirdly The Writ it self manifests that this was no summons to a Parliament For first omnes Milites in the first clause of the Writ formerly summoned to appear and now again with their Armes seem rather to be Souldiers or Tenants holding by Knights servic● then Knights by order And these are only summoned to appear with their Armes at Oxford but not to consult or advise with the King concerning the affaires of the Kingdome therefore not summoned to a Parliament Secondly The Sheriffe is here to summon the Barons without Armes