Ancient Parliaments Part 1, History
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 onelyonly 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 Ʋſurpations 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,aGratian …auſ 11. Quaſt. 2. Privilegium meretur amit…ere, qui abutitur poteſtate; yea, a Canon in Gods own ſacred Law,bP…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.cGen 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 thed…ſal. 49 12. 20. very beaſts that periſh: Thee1 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:fDan. 4. 29. to 35. Nebuchad…zar's over-weening pride turned him out of his Royall Throne and pallace, to graſe among beaſts: And KinggActs 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 thehSee the Acts for their ſuppreſſio… 17. Caroli. Starchamber, 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 onelyonly of our Kings, Princes, Du…es, Earls, Nobles, BARONS, Spirituall and Temporall Lords, and thoſe who in later ages we ſtile the HOƲSE OF PEERS, without any Knights of Shires, Citizens, Burgeſſes elected by the people as their Repreſentatives, or any Houſe of Commons, not known, nor heard of in theſe elder times, though thoſe who now ſtile themſelves the Commons, endeavour to caſhier both King and Lords from being Members of our Parliaments, contrary to our Laws, Statutes, Oathes, and ſolemn League and Covenant, and the practice of all former ages; at whoſe Doors and Barr themſelves have waited, and ſtood bare upon all occaſions, till within theſe few months, as their profeſſed Superiours, and the onelyonly Judges in Parliament, being but ſo many Grand-jurie men to preſent the Kingdomes grievances to their Superiour Tribunall and crave their redreſſe and cenſure of them: A ſufficient refutation of their preſent uſurpation over them.
But to proceed to the intended Subject without any further Prologue.
aMat. Weſt. An. 673. p. 236. Edit. Londini 1570. Florent. Wigornienſis An. 673.An. Dom. 673. Theodor. Archbiſh. of Canterbury aſſembled a Parliamentary Councel at Hertfort, praeſentibus EPISCOPIS ANGLIAE AC REGIBUS (Eaſewin and Kentwin) & MAGNATIBUS UNIVERSIS, all the Biſhops of England, and the Kings, and all the Nobles being preſent; but not any Knight…, Citizens, Burgeſſes, or Commons that we read of.
bSpelmanni Concil. tom. 1. p. 189, 191.An. 694. there was Magnum Concilium, a great Councel (or Parliament) held at Becanceld, in which Withred King of Kent ſate Preſident, nec non Bertuvaldo reverendiſſimo Archiepiſcopo Brittanniae, ſimulque Tobia, Epiſcopo Roffenſis Eccleſiae, caeterisque Abbatibus, Abbaticis, Presbyteris, Diatonibus, DUCIBUS, SATRAPIS in unum glomeratis; pariter tractan…es, anxiè examinantes, de ſtatu Eccleſiarum Dei, &c. But we finde no Knights nor Burgeſſes preſent among them.
cAnt. Eccleſ. Brit. p 20.An. 710. (or neer that yeer) there was a Councell held at W…ceſter by Pope Conſtantines advice, at the deſire of Egwin Biſhop of Worceſter, non Religioſorum modo, ſ…d etiam REGNI PROCERUM; but without any Commons.
dWil. Mal…esb de Geſtis Aug. Pontif l. 1 p. 197. Ant. Eccleſ Brit. p. 11. Spelman Concil. p. 242. 245.An. Dom. 747. in the Councel of Clyff there were preſent, beſides the Biſhops and many Prieſts and Eccleſiaſtical Perſons, Aethelbaldus King of Mercians cum OMNIBUS REGNI SUI PRINCIPIBUS & DUCIBUS; but not one Knight or Burgeſſe mentioned by Hiſtorians.
eSpelman. Concil. tom. 1. p. 291. 293. 300. Magdeburgenſ. …ent. 8 c. c. 9. col. 575.An. 787. in the Councel of Colchuth, conſiſting of two Seſſions; the Firſt, coram Alfwold… Northumby…brorum REGE, & MAGNATIBUS SUIS; aſſidentibus vero Eanbaldo Eberacenſi Archiepiſcop…, c…teriſ que illius Provincia Epiſcopi…. The ſecond, Merciorum, coram Offa REGE ibidem, & SUIS MAGNATIBUS, & jam aſſidentibus Ja…berth… Cantuaria Archiepiſcop… ▪ caterisque ſuae Provinc…ae Epiſcopis; we meet with none but theſe Kings, their Nobles, Archbiſhops and Biſhops preſent. Convenerunt OMNES PRINCIPES REGIONIS TAM ECCLESIASTICI QUAM SECULARES, but no Knights nor Burgeſſes at all. In this Councell (no other but a a Parliament, to which the Kings, Archbiſhops, Biſhops, Abbots, Dukes and Earles, ſubſcribed their names) cap. 12. De Ordinatione & honore regum; there is this notable Canon againſt killing and putting Kings to death. In necem Regis, nemo communicare andeat, quia Chriſtus Domini eſt: & ſi quis tali ſceleri adhaeſ…rit, ſi Epiſcopus eſt, aut ullus ex Sacerdotate gradu, ex ipſo detruiatur, & à ſancta haereditate dejiciatur, ſicut Iudas ab Apoſtolic… gradu dejectus eſt: & omnis quiſquis tali ſacrilegio aſſenſerit, aeterno anathematis vinculo interibit, & Judae traditori ſociatus, ſempiternis cromabitur incendiis, ut ſcriptum eſt: Non ſolum qui faciunt, ſed & qui conſentiunt facientibus, judicium Dei non effugiunt. Durnam que E…uchi Aſuerum Regem interficere cupientes, in patibulum ſuſpenſi ſunt. Animadvertitè quid fecerit David praefecto, cum es Dominus dixerit, Ego tradam Saul in manus tuas: eum invenit dormientem, … hortatus is milite ut occideres eum, dixit, Abſit à me peccatum ut extendammanū meam in Chriſtum Domini. Illum autem militem qui poſt mortem ejus venit ad eum, proteſtans quod ipſe occiderat der at Saul capite tru…cavit: & reputatum eſt ei ad juſtitiam, & …ini ejus poſt …. Exemplis namque apud not ſaepe probatum eſt, quod quicunque inter…cienis Dominorum fuere, in ſpai… vitam …, & atroque jure …erunt.
fSpelman. Concil. p. 310.An. Dom. 793. King Offa held a Councel at Verelam, with Archbiſhop Humbert, his Suffragans, & PRIMATIBUS SUIS UNIVERSIS, wherein this King SVORUM MAGNATVM ſane acquieſcens conſilis preſently took a painfull and coſtly journey to Rome.
gSpelman. Concil. p. 313, 314.An. 794. King Offa after his return from Rome celebrated two Councels; the one at Celchyth, where were preſent, 9. Kings, 15, Biſhops, and 20. Dukes (but no Houſe of Commons.) The other at Verelam, conſiſting only of Biſhops and Nobles. Congregato … Verelamium EPISCOPORVM & OPTIMATVM Concilio.
hBoniface Mogunt. Epiff. 112. M. Seldons Titles of Honor. part. 2. c. 5. p. 632.About the yeer 796 Cynewlf King of Weſtſax, held x Councel wherein he writes to Lullus Biſhop of Ment… touching matters of Religion, and … EPISCOPIS …, nec … catervo SATRAP ARƲM, to wit of his lay Dignities.
iSpelman. Concil p 318. 320. Malmesb. de geſtis Regum Angl. l. 1. cap. 4.An. Dom. 800. Kenulf King of Mercians called to the Councell of CloƲeſha all the BISHOPS of his Kingdome, DƲ GES & Abbates, & CƲ JƲSCƲNQƲE DIGNITATIS ƲIROS, wherein the King cum EPISCOPIS, DƲCIBƲS, & omni ſub nostri ditione DIGNITATIS GRADƲ, writ a Letter to Pope Leo the 3. about Church affaires therein concluded, where there is no mention of any Commons.
kSpelman. Concil p. 328.An. 816. in the Councel of Celichyth, Wulfred Archbiſhop, with diƲers other Biſhops were preſent, ſo was Coenulf King of Mercia cum ſuis PRINCIPIBƲS, DƲCIBƲS, & OPTIMATIBƲS, but not a ſyllable of his Commons, Knights, or Burgeſſes preſence.
lSpelman▪ Concil. p. 333. 334.About the year 822. in the Councel of CloƲeſh…, wherein Beornulf King of Mercians ſate Preſident, Wulfrid Archbiſhop with the reſt of the Biſhops and Abbots OMNIƲMQƲE DIGNITAIƲM OPTIMATIBƲS, ECCLESIASTICARƲM ſcil & SECƲLARIƲM PERSONARƲM were preſent, but no Knights of Counties nor Burgeſſes: And An. Dom. 824. there was another Councel held under the ſame King at the ſame place: Aſſidentibus EPISCOPIS, ABBATIBƲS, & PRINCIPIBƲS Merciorum ƲNIƲERSIS: but no Commons for ought appears; the King, Archbiſhop, Biſhops and Dukes ſubſcribing their names to the Decrees there made, but no Knight nor Burgeſſe.
mIngulphi Hiſt. p. 855. Spelman Concil. p. 336.An. 823. There was Concilium Pan-Anglicum, a Parliament or Councel of all England celebrated at London praeſentibus Egberto REGE Weſt-Saxoniae & Wethluſis REGE Merciorum, utroque ARCHIEPISCOPO, caeterisque Angliae Epiſcopis & MAGNATIBVS, who ſubſcribed it.
nSpelman 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 & OPTIMATIBƲS: Wherein the manner of Mallings, which King Baldre… had ſometimes giƲen to Chriſt-Church in Canterburis, and afterwards ſubſtracted from it: Eo-quod MAGNATES … donationem illam ratam fore: Et quia ille Rex CƲNCIIS PRINCIPIBƲS 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.
oSpelman. 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.
pSpelman 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.
qMalmesh. 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.
rIngulphi 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.
tSpelman 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.
uHuntingdon 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… viventi ingeſſ…ant, … protelantes, ſ…p…lier… … …ine Regis … apud War…, ut ſ… cut vitam Regis extinxorant, it… & …amen ejus extinguer…. Hi… verò comp…rtum eſt, contra divina… providenti… non … pravu… cor …inis & inſ…abile. Quam enim …. Deus coelo glori…è ſuſc…pit, & memoria … Dominu…, …jus … Pr…d…tores …bnubil… …. Ind… Domin… i…rum … prov…catus eſt, & plus … irritat… g…n…i …ſſi… … i…extricabile conferre cogita…t… Et quod fa…re paraverat non diſtulit, … multis parlib… & … Anglia… quaſi …bes c…eli, &c. till they had miſerably ſpoiled, enſlaved and conquered the Kingdom; and what particular judgements befell the cheife Authors of his murther, you may read inxAnno 978. 979. Matth. Weſtminſter and others. God of his infinite mercy now prevent the like Nationall judgement upon us, for the like perſ…ious practice and bloodſhed cowards ou… duplicate page duplicate page King, againſt our publike faith, O…ths, Covenants and Engagements.
ySpelman Concil. p. 510, 513, 525, 529.Anno Chriſti 1009. by King Ethelr…d… Edict …iverſi Auglorum OPTIMATES di… ſancto Pentecoſtes ad locum ab indig…nis Eanham nominatum, acciti ſunt conveni…e, where they debated and decreed many things touching the Reformation of the Church and Gods worſhip, and of the Common wealth; which Generall Councel Sir Henry Spelman aſſures us was no other but a Parliament being ſummoned by the Kings Writ, and determining of State affaires as well as Eccleſiaſticall matters. Adding, that it was the ancient cuſtome of our Kings, at the Feaſt of the Nativity and at Easter to call together Proceres utriuſque ordinis, the Peers of both Orders (Eccleſiaſticall and Temporal, not the Commons) both to adorn their Royall State, & conſtlia regn… in…unda to their Parliaments. So as the Lords Spiritual and Temporall in thoſe ancient times, were the only Parliament and great Councel of the Kingdome, without any Knights of Shires, or Burgeſſes of Parliament, not known nor heard of in that and former ages for any thing clearly appearing in Hiſtories or Records.
zBrampton Hiſt. Journall M. S. p. 77, 78. Mr. Seldens Titles of Honor. part. 2. c. 5. p. 634. See William Malmsb. de Geſtis Reg. Angl. l. 2. c. 1. pag. 81, 82.Anno 1052. Earl Godwin having had a Triall CORAM PROCERIBVS REGNI, before the Peers of the Realm touching the death of Alfred under King Hardicnut, and flying out of the Realm, and afterwards returning in hope of King Edward the Confeſſors favour, he ſollicited the Lords to intercede for him to the King, when the Parliament ſate at London, Rex & OMNES REGNI MAGNATES ad PARLIAMENTUM tunc fuerunt: The King as ſoon as he ſaw him called him Traitor, and appeached him, that he had traiterouſly ſlain his Brother Alfred; which he denying and putting himſelf upon the conſideration (or triall) of the Court, The King thereupon ſaid, Clariſſimi DOMINI COMITES ET BARONES t…rae qui eſtis homines mei ligii modo hic congregati, & appellum …eum, reſponſumque Godwini audiſtis, volo quod inter NOS in iſta appellation… rectum judicium d…cernatis, & debitum juſtitiam faciatis. COMITIBUS verò & BARONIBUS ſuper hoc ad invic…m tractantibus, after much debate reſolved to preſent the King with as much gold and ſilver as they could carry between their armes to beg and purchaſe the pardon; which they did: quorum conſideratione Rex contradicere nolens, quicquid JƲDICAƲERANT per omne ratificaƲit.
A little before this, there was another Parliament ſummoned by the King at*Wil. Malmeſ. De Geſt. Reg. Angl. l. 2. c. 13. p. 81. Gloceſter, concerning Godwin: Quocirca TOTIƲS REGNI PROCERES juſſi Gloceſtriam conƲenire ut ibi MAGNO CONƲENTƲ res Ʋentilaretur. Ʋenerunt eo etiam Northumbri COMITES tunc famoſiſſimi, Sywardus & Leofricus OMNISQƲE ANGLORƲM NOBILITAS: onelyonly Earl Godwin and his Sons, qui ſe ſuſpectos ſcierant, ſine praeſidio armorum Ʋeniendum non arbitrati, ſtaid at Burfarſton with a ſtrong band of armed men, as Malmeſbury relates. So as in this age the King, and his Lords and Barons only made up the Parliament, without any Knights or Burgeſſes; and the Lords had the right of Judicature veſted in them (which diſcovers Modus tenendi Parliamentum, pretended to be compiled in this Kings Reign, to be but a forgery.) Theſe 27 Councels and Parliaments before William the Conquerors Reign (beſides others which might he added) being made up and conſiſting only of Kings, and their Spirituall and Temporall Lords and Nobles, and enacting Laws, Canons for the Reformation and Government both of Church and State without any Knights, Citizens or Burgeſſes ſummoned to aſſiſt or adviſe with them, or concurrent aſſents to ratifie what they enacted or ordered.
To theſe I ſhall annex ſome pregnant Precedents, both in, and ſince the Conquerours Reign, or Parliaments conſiſting of the King, and his Spirituall and Temporal Lords, and making and enacting Lawes and Statutes without the Commons preſence or conſent: ſome few of them now preſuming to arrogate to themſelves the ſole power and title of the Parliament in England, and abſolute Legiſlative power without the King or Lords, without and againſt all precedents in former ages.
About the year of our Lord 1060 King Edward the Confeſſor CONSILI O BARONUM ſuo…m, Legem. 167. annis ſopitam excitavit, excitatam reparavit, reparatam decoravit, decoratam confirmavit, & confirmata vo…ata eſt Lex, Sancti Regis EDWARDI, as the Manuſcript Authour of the ancient Chronicle of Litchfield records, and*Ad Eadmemerum Notae. p. 171. Mr Selden out of him.
aHoveden. Annal. pars 1. pag. 600. 601. M. …elde… Ti…es of Honor. par. 2. c. 5. ſect. 20. p. 701. & Notae ad E…dmerum p. 1…1. &c. Spelma…. Concil. p. 619.Anno Dom. 1070. King William the Firſt (commonly called the Conquerour) Conſilio BARONƲM SƲORƲM; by the counſell of his Barons (in Parliament) cauſed twelve noble and wiſe Engliſhmen, skilfull in the Lawes, to be ſummoned out of every County, that he might hear their Laws and Cuſtoms from them; who meeting, and ſhewing what their Laws and cuſtoms were, reduced into writing by Aldred Archbiſhop of York, and Hugh Biſhop of London, who copied them out with their own hands; they were with the ASSENT OF THE SAME BARONS, for the moſt part confirmed in that aſſembly, which was a Parliament at that time.bAnnal. pars Poſt p. 600. Hoveden writing de Legib… Angliae, & ſtatutis Willi…lmi, ſervans poſt Conqueſtum, hath this expreſſion. Hic intimatur quid Willielmu… Rex Anglorum Cum PRINCIPIBƲS SƲIS CONSTITƲIT, poſt conquiſitio…em Angliae: And KingcMatth. Pa is in Hen. 1. p. 53. Edit. Tiguri. 1589. Henry the Firſt, in his Laws uſeth this expreſſion, Legem Regis Edwardi Ʋobis red… cum illis emendationibus, quibus Pater meus … emendaƲit CONSILIO BARONƲM SƲORƲM: a cleer evidence and proof, that the King, and his Nobles and Barons alone, were the onelyonly Parliament and Legiſlator… in thoſe dayes; without any Knights, Burgeſſes or Commons.
dWigernienſis An 1070 Mat. Paru…n 10, 5. p 20. Seld. Tit. Hon. p. 701.An. 1070. In a Parliament or Councel held at Pedreda; the controverſie between Thomas Archbiſhop of York, and V… ſtan Biſhop of Worceſter touching certain Lands, was determined quietly in Concilio celebrat… coram REGE & Do…ebernenſ. atque PRIMATIBƲS TOTIƲS REGNI ADJƲ DICANTIBƲS, terminata eſt, as Wigornienſis and Matthew Paris teſtifie.
e…adner. Hiſt. Nov. l. 1. pag. 9. Seldmi Notae ad Eadme…. pa. 197. &c. 199. …eld. Tit. of Hon. p. 702.An. 1071. In the firſt year of King William the firſt his Reign at Pinnedene there was held PRINCIPVM CONVENTVS, an aſſembly of the Nobles (or Parliament) by the Kings command, wherein the controverſie between Laufran… arch-Biſhop of Canterbury, and Odo Earl of Kent, concerning divers Lands and Manners belonging to the church of Canterbury was determined: which the King when he heard, commended; Laudans CƲM CONSENSƲ OMNIƲM PRINCIPƲM SƲORƲM CONFIRMAƲIT, &c. The King, Spirituall and Temporall Lords and Barons (without any Knights, Burgeſſes or Commons for ought is recorded in our Hiſtories) being then the Parliament, and they thefSeld. Notae ad Eadmerum. p. 190, 191. COMMUNE CONSILIUM TOTIUS REGNI NOSTRI, mentioned in his Laws.
About the ſame time this King William commended and corrected the Epiſcopall and Eccleſiaſticall Law… of the Realm, g2 Rich. 2. membr. 12. nu. 5. Seld Notae and Eadm. p. 167, 168.COMMƲNI CONCILIO & conſilio ARCHIE…ISCORƲM, & caeterorum EPISCOPORƲM & ABBATƲM & Omnium Principum Regni me… … Judicavit, as is manifeſt by his Reſcript to Remigi…s Biſhop of Lincoln. And in the Libel exhibited by the Clergy to King Edward the firſt in Parliament, there is this Recitall of this act of Reformation: Cum Willi…us dudum Rex Angliae de COMMUNI CONCILIO ARCHIEP…COPORUM, ABBATUM & OMNIUM PROCERUM REGNI SUI, leges Epiſcop…s, quae non benè ne… ſecundum ſanctum canonem praecepiae …crant, in …eg…o Angliae obſervand… in…cuſſe judicaverit; which manifeſts the Parliament and Common Councel in his reign be to the King, and the Spirituall and Temporall Lords of the whole Kingdom, without any Houſe of Commons at all, divided from or an…oxed with them. In the year book of 21. Edw. 3. f. 60. We read that the Abbot of Bury by an Ordin…m… in the reign of William the Conquerour, m…de in Parliament by the King, the Archbiſhop of Canterbury, and BY ALL THE OTHER BISHOPS, EARLS and BARONS of the Land, was ex…pted from all Epiſcopall jurisdiction.
And in hishSelden. Notae ad E…dmerum p. 165. Charter to the Abbie of …atth (…de in Parliament) there is this clauſe: N…tum ſit …obis, me … & confirm…ſſ…, aſſo… La…franci Archiepiſcopi … & Stigandi Epiſcopi …, & CONCILIO …tiam EPISCO…ORUM & BARONUM MEORUM, …s Eccleſia ſ…ncti … de Bello &c. … ac qui…tu in perpet… …, &c. So as in his Reign there appeares no evidence for any Knights of Shires, or Burgeſſes ſitting or voting in Parliament, but only the King and his Lords, Spirituall and Temporall …, judged and determined all publike affaires.
In the ſeventh yeer of Kingi… Nov. l. 1 p. … …eldon… … of …, p. …02. William … (ann. 1035) at the inſtance of arch-Biſhop Anſelm to end the controverſies between the King and him, there was a Parliament ſummoned at Rochingham Caſtle, quatenus Epiſcopis, Abbatibus Cunctiſque Regni Principibus una cocuetibus communi aſſenſu defiruretur, ut…um ſalvâ reverentiâ & obedientiâ ſedis Apoſtalicae, Anſelmus poſſit fidem terreno Regi ſervare, annon? Fit itaque conventus omnium, &c. Anſelmus autem Epiſcopis, Abbatibus & Principibus ad ſe à Regio ſecreto vocatis, eos & aſſiſtentem Monarcham, &c. numero am multitudinem hâc voce alloquitur: The Biſhops and Proceres Regni did all in this great councel.
kEadmarus Nov. l. 2. p. 38. 39 40.About the ninth yeer of King William Rufus, anno 1097, in the month of Auguſt, cum de ſtatu Regni acturus Rex Epiſcopos, Abbates, & quoſque Regni Proceres in unum praecepti ſui ſanctione egiſſet, & diſpoſitis quae adjurationis illorum cauſae fuerant, writes Eahmerus; Anſelme renewed his requeſt to the King▪ where Rex Epiſcopi & Principes, & Quique Proceres, are brought in as the only Members of, and actors in the Parliament, without any Commons at all.
lM…tt Paris p. 52, 53. Seld. Tules of Hon…, p. 702, 703.Anno Dom. 1100 William Rufus dying without iſſue, and Robert his elder brother being abſent, Henry the Firſt was choſen and crowned King Clero & Pagnetibus cunctis, by the Clergy and all the Nobles, upon condition that he ſhould willingly grant, and by his charter confirm thoſe Liberties and ancient cuſtomes, which flouriſhed in the Kingdom in the time of Saint Edward the King: which he did accordingly, reciting in his Charter; Sciatis, me Dei Miſericordià, & Communi Conſ…li… Baronum Regni Regem eſſe coronatum. Foreſtas Communi Conſilo Baronu… …eorum in manu mea retinui, & Legem Regis Edwardi vobis reddo, cum illis emendationibus quibus Pater meus eam emendavit Conſtl…o Baronum …uorum: His teſtibus Archiepiſcopis, Epiſcopis, …omitibus, Baronibus, Vicecomitt…bus & Optimatibus totius Regni Angliae, quando coronatus fui.
mEadm. Hiſt. Nov l 3. p. 67. Wi…l. Malmeſ. de Geſtis Pon. Angliae. l. 1. p. 228. Hoved. Ann l. pa…s 1, p 469. Matth. Weſtm. Anno 1102. pag. 23. An…iq Eccleſ. … pag. 104. 10…: …eld. Tit. of Hon p 703.Ann. Dom. 1102. in the third year of King Henry the firſt, there was a Councel held at Weſtminſter. Huic conventui affuerunt Anſelmo Archiepiſcopo petente à Rege Pr…nates Regni; quatenus quicquid e…uſdem Concilii authoritate decerneretur Vtriuſque Ordinis concordi curâ & ſolicitudine ratum ſervaretur, write Eadmerus and Malmeſbury in the ſelf-ſame words. In this Councel divers canons were made and publiſhed Communi Conſenſu Epiſcoporum & Abbatum, & Principum totius Regni: Principes Regni ſui Omnes tam Eccleſiaſtci, quam Secularis Ordinis, were preſent with the King in this Councel, writes Hoveden.
nMath. Paris. Hiſt. Angliae p. 59.Anno Dom. 1106. King Henry the firſt, Magnetibus Regni ob hoc Londonium Edicto Regio convocatis, made a flattering Speech unto them, promiſing to ratifie King Edwards Laws, both by his Charter and Oath if they deſired it, ſo as they would aſſiſt him againſt his Brother Robert and the Normans, which they did.
oMath. Paris. p. 60. Eadmerus Hiſt. Nov. l. 4. p. 91. Hoveden Annal. pars 1. p. 471.Anno 1107. There was another Parliament and Councel held at London under this King. 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.
pHoveden. 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.
qEadmerus 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.
rHoveden Annal. pars 1. p. 473. Eadn…erus Hiſt. Nov. l. 5. p. 519Anno 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.
sE…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 onet…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.
nMath. 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.
xContinuatio…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.
yMath Weſt. An. 1153. p. 42Anno 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.
zGul. 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.
aMath. 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 quouſ que 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 usbAn. 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. cAnnal 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, anddTitles 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.
eHoveden 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, & EPISCOPORƲM & COMITƲM & BARONƲM NOSTRORƲM, King Henry the ſecond, habito cum EPISCOPIS, COMITIBƲS, & BARONIBƲS NOSTRIS cum Del…beratione conſilio, did accordingly determine it: COMITES & BARONES Regalis Curiae Angliae ADJƲDICAVERƲNT 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.
fHoveden 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.
gHoveden 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.
hHoved. 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.
iH…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.
kHove…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.
lHoved. 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.
mMat. 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.nHoved. 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 Clergymen 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.
oHov…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, thatpSe… 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. SoqAnn. 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 rH…ſt Angl. p. 189.Matthew Paris: And that yeer I finde insAnnil. …. 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.
tHoved 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.
vMat. 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 xRot. 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.
yDor 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 zTit. 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 & 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 onelyonly 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.
aMatt. 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.
bMatt. 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 (writescTitles 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,
dDorſ. 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 andeCook 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,fMath. 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, whogMath. 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 beforehMath. 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 lateiExact 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, to appear only in perſon: If thoſe Barons were Barons of Parliament, and ſummoned to a Parliament, there ought to have been akCook. 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 thelMath. 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 ofmMat 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, nMath. Paris. p. 247. Seldens Titles of Honor, p. 709.& ad habendum COMMƲNE CONSILIƲM 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.
End of the text · William Prynne, Ancient Parliaments Part 1 (1649)