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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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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●
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
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