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A56204 The second part of a brief register and survey of the several kinds and forms of parliamentary writs comprising the several varieties and forms of writs for electing knights, citizens and burgesses for Parliaments and Great Council ... : wherein the original of the commons house, and elections of knights, citizens, burgesses and barons of ports to sit in Parliament, is infallibly evidenced to be no entienter than 40 H. 3. the presidents and objections to the contrarie answered ... / by William Prynne ... Prynne, William, 1600-1669. 1660 (1660) Wing P4071; ESTC R1409 118,009 213

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THE SECOND PART OF A BRIEF REGISTER AND SURVEY Of the several Kinds and Forms of Parliamentary VVrits COMPRISING The several Varieties and Forms of Writs for electing Knights Citizens and Burgesses for Parliaments and Great Councils issued to Sheriffs of Counties only with the antientest Returns of these Writs by Sheriffs yet extant on Record from 49 H. 3. til 22 E. 4. amongst the Records in the Tower intermixed with other rare Writs pertinent to this subject and some Writs of Prorogation and Re-sommons with special usefull Annotations and Observations on them after most of these Writs recitals for the Readers information Wherein the Original of the Commons House and elections of Knights Citizens Burgesses and Barons of Ports to sit in Parliament is infallibly evidenced to be no antienter than 40 H. 3. the Presidents and Objections to the contrarie answered The Original of antient Boroughs and how many they were under King Edward the 1. 2 3. discovered The power of the Kings of England in creating new Boroughs by Charters or Writs augmenting diminishing the number of Knights Burgesses Members of the Commons House and altering the Forms of Writs of Summons without a Parliament The inability of the Commons House to eject or censure any one of their Members much less the major part as now without the King or House of Lords concurrence and Judicature and the inconsistency of force and armed Gards with Parliaments freedom are fully evidenced Some grosse mistakes touching Parliament Writs and Members refuted with many other Rarities concerning Parliaments By William Prynne Esquire a Bencher of Lincolns-Inne Jer. 6 16. Thus saith the Lord stand ye in the waies and see and ask for the old paths where is the good way and walk therein and ye shall find rest for your Sou's but they said We will not walk therein LONDON Printed by T. Childe and L. Parry and are to be sold by Edward Thomas at the Adam and Eve in Little Britain 1660. To the Reader Courteous Reader LEt it seem neither strange nor injurious nor unreasonable or unseasonable to thee that I now publis●… only one single Section and Fragment of the severa●… Forms of Writs for electing Members of the Commons House in Parliament without the remaining Sections I at first intended to accompany it to make it compleat when as a very small Fragment of the old Commons House not the full Tenth part of it after thei●… own double forcible dissipation by the Army ha●… by their own special command forcibly excluded all t●… old secluded Members being above 200. by arm●… Gards not only out of the House but Lobby too D●…cemb 27. and voted them quite out of the House t●… 5th of January 1659. without the least accusation 〈◊〉 hearing behind their backs though ready to justif●… themselves face to face against all Objections contrary 〈◊〉 all Laws of God Nations and the Land whi●… judge and disfranchise no man how criminal or v●… soever before he be heard have his Accusers fa●… to face and have license to answer for himself co●…cerning the crimes laid against him It seemi●… unreasonable even in the judgments of mere Pagan●… to imprison or condemn any person and not with●… to signifie the crimes laid against him The only gro●… of this their Unparliamentary bruitish Vote with●… any crime cause or particular Members names expr●…sed in it is our voting the Kings Concessions up●… the Propositions to be a Ground for the House proceed upon for the settlement of the peace of t●… Kingdom according to our Trusts Judgements C●… sciences after 3. daies and one nights debate without 〈◊〉 viding the House when there were above 300. Members present for which Vote alone Decemb. 5. as it now appears they then gave secret Orders to the Army Osficers to secure 45. and seclude above 200. more Members Dec. 6 7. 1648. and since that to re-s●…clude them May 7 9. and Decemb. 27 1659. placing tr●…ble Gards at the door January 5. when they passed their vote to discharge disable them from sitting to keep them out if they then attempted to enter Had this bin only a sin of Ignorance or private Injury we should with patience and Christian charity have pretermitted and remitted it with our Saviors prayer Father forgive them for they know not what they do but being a wilsull malicious unatural crime against not only their Fellow-Members contrary to all rules of Iustice Nature and the Gospel it self resolving That there should be no Schism in the Body of the House or Parliament no more than in the natural Body but that the Members should have the same care one of another and whether one Member suffer all the Members suffer with it but also the highest injury and affront to all those Counties Cities and Boroughs they represent and a new kind of Gupowder-Treason to blow up all English Parliaments foundations Rights Privileges Members and the fundamental Government Laws and Liberties of the people in succeeding generations if connived at not f●…lly vi●…dicated being 6. several times or more impenitently perpetrated by them the last after their own late double dissipations by divine retaliation which they so highly resented as Treasonable and Flagition in Cromwell and Lambert seconded with an old and new Engagement and Oath of Abjuration which some of them have already taken intend to obtrude upon the Consciences of our 3. Nations to send them down quick into Hell if taken or ruine them in their Liberties Properties if denied I cannot but look upon it as a kind of sin against the Holy Ghost which I fear some of these desperadoes have wellnigh arived unto which shall never be forgiven to men neither in this world nor in that which is to come The rather because they arrogate to themselves the Name Power and Judicature of THE PARLIAMENT no lesse than 5. times in this short Nonsence Vote when as they are not the Tithe of a Commons House and no Parliament at all without the King and House of Lords have not the least legal Jurisdiction to seclude or vote out any one Member without the Kings or Lords concurence whom they have engaged against abjured secluded against the very Act by which they pretend to sit who were a Parliament alwaies without a Comons house til 49H 3. without whom they can now Enact Vote Order nothing that is valid or Obligatory to the secluded Members or people as this and the former part of my Register and Plea for the Lords will inform those Ignoramusses in Parliamentary proceedings who think they may act enact and vote what they please against all rules of Justice the Laws of God and the Land and our whole Nation the reason and end of its present publication If they or any others shall receive any New-light from these new unknow Antiquities to reduce the over-swelling House of Commons within its antient bounds of loyalty and sobriety for the peace and
other Lieges of the King assembled in a Parliamentary Council since the Provisions and penalties mentioned in this Proclamation were all made by their common consent and that upon this occasion King John in the year 1203. passing out of England into Normandy with a great Army giving himself over to luxurie sleep and carelesness suffered the King of France to take many Towns and Castles from him without the least resistance Being frequently informed thereof by complaints from all parts he gave no other answer but this to the Complainants Suffer him to do what he pleaseth I will one day recover whatever he now violently surpriseth Hereupon Comites et Barones et alii de regno Angliae Nobiles qui ei eatenus fideliter adbaeserant talia audientes ejusque desidiam incorrigibilem intelligentes impetrata licentia quasi illico reversuri remearunt ad propria returning no more but leaving the King in Normandie with very few Soldiers Upon which he returning into England the King of France came before most of King Johns Castles and Towns there and perswaded them to submit themselves to him as their Chief Lord seeing King John their immediate Lord had quite deserted them who accordingly submitted King Iohn upon this occasion raising a puissant Army intended to cross the Sea with them to regain his lost Townes and Castles from the French Whereupon by the common assent of his Spiritual and Temporal Lords and Lieges assembled in a Parliamentary Council he made the precedent provisions Proclamation for the Defence of the Realm of England in case the French or any forein Enemies should invade it during his absence After which Anno 1205. he took ship at Portsmouth against the prohibition of the Archbishop of Canterbury and many other of his Nobles who refusing to follow him he was inforced to return after he had continued at Sea two dayes Reversus autem Rex coepit de Comitibus Baronibus Militibus et viris religiosis pecuniam infinitam occasiones praetendens quod noluerunt eum sequi in partes transmarinas ut haereditatem amissam recuperet And so much touching the contents occasion issue of these Provisions and Proclamation The 2. Writ is that of Rot. Claus. Anno 15. Johannis Regis pars 2. m. 7. dorso which I have examined by the Record Rex Vicecomiti Oxon. salutem Praecipimus tibi quod omnes Milites Ballivae tuae qui summoniti fuerunt esse apud Oxoniam ad Nos à die Omnium Sanctorum in quindecim dies venire facias cum armis suis corpora vero Baronum sine armis singulariter et IV. Discretos Milites de Comitatu tuo illuc venire facias ad Nos ad eundem terminum ad loquendum Nobiscum de Negotiis regni nostri Teste meipso apud Witten 11 die Novembr Eodem modo scribitur omnibus Vicecomitibus This unusual form of Writ the later part whereof sounds like a kinde of Summons of Knights out of every County to a Parliament at Oxford hath much perplexed many learned men who knew not well what to determin thereof being without parallel But under correction of others I conceive it rather a Summons to a Military Camp of Warr than to a Parliament or Parliamentary Council at Oxford and these Quatuor discretos Milites out of every County were not summoned as Knights of the Shire to a Parliament then held but rather as Inquisitors or Grand-Jury-men upon a special occasion thus related by Matthew Paris which in my apprehension will very satisfactorily explain this obscure Writ King Iohn being both injuriously excommunicated deposed from his Throne his whole kingdom interdicted given by the Pope to the French King who thereupon prepared a great Army and Navy to possess himself therof he did upon this occasion to resist the French and defend his Crown and kingdom against their intended invasion by two several Writs recorded at large in this Historian summon all the Ships of England able to carry six horses to meet together at Portsmouth well furnished with victuals and Mariners to resist these Enemies by Sea and all Earls Barons Knights Freehold Tenants and others who were bound by tenure or able of bodie to bear arms to meet him at Dover to withstand them by Land After which having reconciled himself to the Pope by resigning his Kingdom of England and Ireland to and retaking them from him under an yearly Tribute he was by the Popes Legate absolved from his Excommunication and the kingdom from its long-continued interdict at Winchester swearing upon the Holy Evangelists in this his Absolution Quod Sanctam Ecclesiam ejusque ordinatos diligeret defenderet et manuteneret contra omnes adversarios pro posse suo Quodque bonas leges Antecessorum suorum praecipue Leges Edwardi Regis revocaret et iniquas destrueret et omnes homines suos secundum justa Curiae suae judicia judicaret quodque singulis redderet jura sua Juravit etiam quod omnibus ad Interdicti negotium pertingentibus inter proximum Pascha plenariam restitutionem faceret obtatorum c. In pursuance whereof In crastino misit Rex literas ad omnes Vicecomites regni Angliae ut de singulis Dominicorum suorum villis Quatuor legales homines cum praeposito apud Sanctum Albanum pridie nonas Augusti fecerent conv●…nire ut per illos et alios ministros suos de damnis singulorum Episcoporum ut ablatis certitudinem inquireret et quid singulis deberetur Dum haec agerentur interfuerunt Concilio apud Sanctum Albanum Galfridus filius Petri et Episcopus Winton cum Archiepiscopo et Episcopis et 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 et omnes leges iniquae penitus enerventur Denunciatum est praeterea Vicecomitibus Forestariis aliisque Ministris Regis sicut vitam et membra sua diligunt ne à quoquam aliquid violenter extorquerent vel alicui injuriam irrogare praesumant aut scotalla alicubi in regno faciant sicut facere consueverant After which Rex verò Johannis cum se à quibusdam Magnatibus who deserted him in Poytiers quasi derelictum cognovisset magnum Congregabit Exercitum ut rebelles ad consuetum obsequium revocaret Cumque arma movere incepisset venit ad eum Archiepiscopus apud Northamtonam dicens plurimum in injuriam sui Sacramenti quod in absolutione sua praestiterat redundare Si absque Iudicio Curiae suae contra quempiam bella moveret Quod audiens Rex cum ingenti strepitu dixit Se regni negocia propter Episcopum non differre cum laica judicia ad ipsum non pertineant In crastino autem summo diluculo iter furibundus arripiens versus Notingham properavit Secutus est quoque Regem Archiepiscopus memoratus constanter affirmans quod