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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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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
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