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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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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
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
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
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-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
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