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england_n	henry_n	king_n	stephen_n	5,689	5	11.2407	5	true

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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

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

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

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