Ancient Parliaments Part 1

THE FIRST PART OF AN Historical Collection of the ancient PARLIAMENTS of ENGLAND.

THe gross Ignorance of the ancient constitution of our English Parliaments, and fanatic dream of A Supreme Parliamentary and absolute Legislative Authority in THE HOUSE OF COMMONS ALONE, (yea, in a mere 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 God's wrath for our sins) the principal ground-work of all the late unparalleled, 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 testify) 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 Councils, (which are strangers and unknown to most) to instruct their Ignorance, check their Arrogance, rectify their presumptuous Ex •• bitances, and restore our Parliaments to their ancient constitution, splendor, honor, limits, and preserve them from utter abolition for the future, through the over-swelling Greatness, and unsufferable Usurpations upon King, Lord's, 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, Privilegium meretur amit • ere, qui abutitur potestate; yea, a Canon in God's own sacred Law, 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 man's pride shall bring him low, Prov. 29. 23. Isa. 13. 11. Adam's and Eve 's aspiring pride, to become as God's knowing good and evil, degraded them below the primitive condition of man, wherein they were created, and made them like to the very beasts that perish: The ambitious Angels aspiring to be God's, tumbled them down from heaven, and metamorphosed them into Devils: Nebuchad •• zar 's over-weening pride turned him out of his Royal Throne and palace, to grase among beasts: And King 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 nearer home. What overthrew and destroyed the late be headed King, Strafford, Canterbury? what suppressed, abolished the Starchamber, High-Commission, Council-Table, and our Prelates with their Courts, but their encroaching, usurping, exercising of an exorbitant, illegal, over-swelling, transcendent power and jurisdiction, above, against, and beyond the rules and bounds of Law? And what abated the Authority, Honor, Esteem, and real Power of the late two Houses of Parliament, and rendered them vile and despicable in the people's eyes and affections, but their surpassing the bounds of their ancient Parliamentary privileges and Authority, to the grievance of the people? Which being so far exceeded in all kinds and degrees, by some late Commons now sitting, styling 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 God's great mercy) ruin all our future Parliaments at least wise much eclipse their Honor and Esteem, and much abridge the Commons former power and Jurisdiction, by bringing all their encroached Authority, unto a legal scrutiny and debate; which absolute necessity enforces men to, for their own and the Kingdoms common preservation; and engaged me principally upon this Historical 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 real privileges or constitution of our Parliaments to justify 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 years after) our Parliaments were constituted and made up only of our Kings, Princes, Du • es, Earls, Nobles, BARONS, Spiritual and Temporal Lord's, and those who in later ages we style the HOUSE 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 style themselves the Commons, endeavor to cashier both King and Lord's from being Members of our Parliaments, contrary to our Laws, Statutes, Oaths, 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 Superiors, and the only Judges in Parliament, being but so many Grand-jurie men to present the Kingdoms grievances to their Superior Tribunal and crave their redress and censure of them: A sufficient refutation of their present usurpation over them.

But to proceed to the intended Subject without any further Prologue.

An. Dom. 673. Theodor. Archbish. of Canterbury assembled a Parliamentary Council 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.

An. 694. there was Magnum Concilium, a great Council (or Parliament) held at Becanceld, in which Withred King of Kent sat 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, anxie examinantes, de statu Ecclesiarum Dei, &c. But we find no Knights nor Burgesses present among them.

An. 710. (or near that year) there was a Council held at W •• cester by Pope Constantine's advice, at the desire of Egwin Bishop of Worcester, non Religiosorum modo, s • d etiam REGNI PROCERUM; but without any Commons.

An. Dom. 747. in the Council 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 Burgess mentioned by Historians.

An. 787. in the Council 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 Episcopy • . 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 Council (no other but a a Parliament, to which the Kings, Archbishops, Bishops, Abbots, Dukes and Earls, subscribed their names) cap. 12. De Ordinatione & honor 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 Judas 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. Animadvertite 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 true • 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.

An. Dom. 793. King Offa held a Council at Verelam, with Archbishop Humbert, his Suffragans, & PRIMATIBUS SUIS UNIVERSIS, wherein this King SVORUM MAGNATVM sane acquiescens consilis presently took a painful and costly journey to Rome.

An. 794. King Offa after his return from Rome celebrated two Councils; 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.

About the year 796 Cynewlf King of Westsax, held x Council wherein he writes to Lullus Bishop of Ment • touching matters of Religion, and 〈◊〉 EPISCOPIS 〈◊〉 , nec 〈◊〉 catervo SATRAP ARUM, to wit of his lay Dignities.

An. Dom. 800. Kenulf King of Mercians called to the Council of CloUesha all the BISHOPS of his Kingdom, DUGES & Abbates, & CU JUSCUNQUE DIGNITATIS UIROS, wherein the King cum EPISCOPIS, DUCIBUS, & omni sub nostri ditione DIGNITATIS GRADU, writ a Letter to Pope Leo the 3. about Church affairs therein concluded, where there is no mention of any Commons.

An. 816. in the Council of Celichyth, Wulfred Archbishop, with diUers other Bishops were present, so was Coenulf King of Mercia cum suis PRINCIPIBUS, DUCIBUS, & OPTIMATIBUS, but not a syllable of his Commons, Knights, or Burgesses presence.

About the year 822. in the Council of CloUesh • , wherein Beornulf King of Mercians sat President, Wulfrid Archbishop with the rest of the Bishops and Abbots OMNIUMQUE DIGNITAIUM OPTIMATIBUS, ECCLESIASTICARUM scil & SECULARIUM PERSONARUM were present, but no Knights of Counties nor Burgesses: And An. Dom. 824. there was another Council held under the same King at the same place: Assidentibus EPISCOPIS, ABBATIBUS, & PRINCIPIBUS Merciorum UNIUERSIS: but no Commons for ought appears; the King, Archbishop, Bishops and Dukes subscribing their names to the Decrees there made, but no Knight nor Burgess.

An. 823. There was Concilium Pan-Anglicum, a Parliament or Council of all England celebrated at London praesentibus Egberto REGE West-Saxoniae & Wethlusis REGE Merciorum, utroque ARCHIEPISCOPO, caeterisque Angliae Episcopis & MAGNATIBVS, who subscribed it.

An. Dom. 838. I read of Concilium Pan-Anglicum a Council 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 & OPTIMATIBUS: Wherein the manner of Mallings, which King Baldre • had sometimes giUen to Christ-Church in Canterburis, and afterwards substracted from it: Eo-quod MAGNATES 〈◊〉 donationem illam ratam fore: Et quia ill Rex CUNCIIS PRINCIPIBUS 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-men's 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 find not a word of the Commons or of their assent or dissent in that age.

An. Christi 850. There was a Council kept at Benningdon, à PRAELATIS ET PROCERIBVS Regni Merciae under King Bertulph, where Lands were settled and confirmed on the Abbie of Crowland, by the King, Bishops and Nobles, without the assent or mention of any Commons.

An. Dom. 851. There was a Council held at Kingsbury, under King Bertulph; praesentibus • eolnotho ARCHIEPISCOPO Do • oberniae, caeterisque Regni Merciae EPISCOPIS & MAGNATIBVS; (without Knights or Burgesses) which settled the affairs of the Realm, and confirmed this Kings ample Charter to the Abbey of Crowland, subscribed by the King, Archbishop, Bishops, Abbots, Dukes and Earls.

An. 855. There was a Parliament or Council 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 styled, Concilium salabre, which hath continued ever since in force till now.

About the year of our Lord 930. King Aethelstan by his Charters gave divers lands to the Abbey of Malmesbury, in one whereof there was this Subscription or Postscript, S • iant Sapicutes Regionis nostrae, no • ha • ha • prata •• s terras me unjust 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 days after; the Pope thereupon sent to King Ethelstu • , to advise him what he should do 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 burial, which he assented to; the Nobles only being then the only great Council 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.

Anno Dom. 944. Indict. 1. King Edmond granted many large Liberties, and the Manor 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 Counsel and Parliament without any Knights, Citizens or Burgesses; of which we find no mention in Charters or Story.

An. 948. There was a Parliament or Council 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 & Episcopy & 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 public affairs of the whole Kingdom.

Anno 965. (so Malmesbury, or 970. So Spelman ) King Edgar called a Council at London, where himself, his Mother, Cli •• his Successor, the King of Scot • , the Admiral 〈◊〉 , 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.

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 •• though COMITE cum NOBILITATE TOTIUS R • GNI held a Council at Winchester without any Commons.

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 • liar ••• 〈◊〉 • ine Regis 〈◊〉 apud War ••• , ut s • cut vitam Regis extinxorant, it • & • amen ejus extinguer ••• . Hi • vero comp • rtum est, contra divina • providenti ••• non 〈◊〉 pravu • cor •• inis & ins •••• abile. Quam enim 〈…〉 . Deus coelo glory •• e susc • pit, & memoria 〈…〉 Dominu • , •• jus 〈◊〉 Pr • d • tores • bnubil ••• 〈◊〉 . Ind • Domin •• i •• rum 〈…〉 prov • catus est, & plus 〈◊〉 irritat •• g • n • i •• ssi •• 〈◊〉 i • extricabile confer 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 judgments befell the chief Authors of his murder, you may read in Matth. Westminster and others. God of his infinite mercy now prevent the like National judgment upon us, for the like pers •• ious practice and bloodshed cowards ou • 〈1 page duplicate〉 〈1 page duplicate〉 King, against our public faith, O • ths, Covenants and Engagements.

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 God's worship, and of the Common wealth; which General Council Sir Henry Spelman assures us was no other but a Parliament being summoned by the Kings Writ, and determining of State affairs as well as Ecclesiastical matters. Adding, that it was the ancient custom of our Kings, at the Feast of the Nativity and at Easter to call together Proceres utriusque ordinis, the Peers of both Orders (Ecclesiastical and Temporal, not the Commons) both to adorn their Royal State, & constlia regn • in • unda to their Parliaments. So as the Lord's Spiritual and Temporal in those ancient times, were the only Parliament and great Council of the Kingdom, without any Knights of Shires, or Burgesses of Parliament, not known nor heard of in that and former ages for anything clearly appearing in Histories or Records.

Anno 1052. Earl Godwin having had a Trial 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 favor, he solicited the Lord's to intercede for him to the King, when the Parliament sat 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 traitorously slain his Brother Alfred; which he denying and putting himself upon the consideration (or trial) 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 vero & 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 arms to beg and purchase the pardon; which they did: quorum consideratione Rex contradicere nolens, quicquid JUDICAUERANT per omne ratificaUit.

A little before this, there was another Parliament summoned by the King at Gloucester, concerning Godwin: Quocirca TOTIUS REGNI PROCERES jussi Glocestriam conUenire ut ibi MAGNO CONUENTU res Uentilaretur. Uenerunt eo etiam Northumbri COMITES tunc famosissimi, Sywardus & Leofricus OMNISQUE ANGLORUM NOBILITAS: only Earl Godwin and his Sons, qui se suspectos scierant, sine praesidio armorum Ueniendum non arbitrati, staid at Burfarston with a strong band of armed men, as Malmesbury relates. So as in this age the King, and his Lord's and Barons only made up the Parliament, without any Knights or Burgesses; and the Lord's 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 Councils and Parliaments before William the Conquerors Reign (besides others which might he added) being made up and consisting only of Kings, and their Spiritual and Temporal Lord's 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 ratify what they enacted or ordered.

To these I shall annex some pregnant Precedents, both in, and since the Conquerors Reign, or Parliaments consisting of the King, and his Spiritual and Temporal Lord's, and making and enacting Laws 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 Lord's, 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 Author of the ancient Chronicle of Litchfield records, and Mr Selden out of him.

Anno Dom. 1070. King William the First (commonly called the Conqueror) Consilio BARONUM SUORUM; by the counsel of his Barons (in Parliament) caused twelve noble and wise Englishmen, skillful in the Laws, to be summoned out of every County, that he might hear their Laws and Customs from them; who meeting, and showing 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. Howden writing de Legib •• Angliae, & statutis Willi • lmi, servans post Conquestum, hath this expression. Hic intimatur quid Willielmu • Rex Anglorum Cum PRINCIPIBUS SUIS CONSTITUIT, post conquisitio • em Angliae: And King Henry the First, in his Laws useth this expression, Legem Regis Edwardi Uobis red •• cum illis emendationibus, quibus Pater meus 〈◊〉 emendaUit CONSILIO BARONUM SUORUM: a clear evidence and proof, that the King, and his Nobles and Barons alone, were the only Parliament and Legislator • in those days; without any Knights, Burgesses or Commons.

An. 1070. In a Parliament or Council held at Pedreda; the controversy 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 PRIMATIBUS TOTIUS REGNI ADJUDICANTIBUS, terminata est, as Wigorniensis and Matthew Paris testify.

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 controversy 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 CUM CONSENSU OMNIUM PRINCIPUM SUORUM CONFIRMAUIT, &c. The King, Spiritual and Temporal Lord's and Barons (without any Knights, Burgesses or Commons for ought is recorded in our Histories) being then the Parliament, and they the COMMUNE CONSILIUM TOTIUS REGNI NOSTRI, mentioned in his Laws.

About the same time this King William commended and corrected the Episcopal and Ecclesiastical Law • of the Realm, COMMUNI CONCILIO & consilio ARCHIE • ISCORUM, & caeterorum EPISCOPORUM & ABBATUM & 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 been ne • secundum sanctum canonem praecepiae •• crant, in • eg • o Angliae observand •• in ••• cusse judicaverit; which manifests the Parliament and Common Council in his reign be to the King, and the Spiritual and Temporal Lord's 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 Conqueror, 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 Episcopal jurisdiction.

And in his 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 Episcopy 〈◊〉 , & 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 appears no evidence for any Knights of Shires, or Burgesses sitting or voting in Parliament, but only the King and his Lord's, Spiritual and Temporal 〈…〉 , judged and determined all public affairs.

In the seventh year of King 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 voice alloquitur: The Bishops and Proceres Regni did all in this great council.

About the ninth year 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; Anselm renewed his request to the King▪ where Rex Episcopy & Principes, & Quique Proceres, are brought in as the only Members of, and actors in the Parliament, without any Commons at all.

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 customs, 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.

Ann. Dom. 1102. in the third year of King Henry the first, there was a Council 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 Council 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 Council, writes Howden.

Anno Dom. 1106. King Henry the first, Magnetibus Regni ob hoc Londonium Edicto Regio convocatis, made a flattering Speech unto them, promising to ratify 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.

Anno 1107. There was another Parliament and Council 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 Council Anselm, coram Rege, Regnique Episcopis & Principibus exacted obedience and subjection from Girald Archbishop of York.

Anno 1108. to redress 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 all • Episcopy Angliae in praesentia Gloriosi Regis Henri • i Assensu Comitum & Baronum suorum &c. Or, Assensu Omnium Baronum suorum, (as Eadmorus renders it) Statutum est, &c.

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.

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 Howden 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 controversy between Ralph Archbishop of Canterburi • , and Thurstan Archbishop of York concerning obedience to the Sea of Canterbury was debated and Thurstan ordered to submit, whereupon he renounced his Archbishopric in a Pet.

The same year in A •• ust following one Anselm came from R • me to King Henry the first being in Normandy, 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 • Episcopy, 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 Canterbury to the King to prevent and inhibit this Legates entrance into the Kingdom. After which one 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 Councils all his Reign, consisted only of the King with all the Spiritual and Temporal Lord's and Barons without any Commons, Knights or Burgesses at all, of whom we find no mention.

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.

Anno 1138. King St • phen on the fourth of April, held a Council at Northampton▪ in which the Archbishop of York sat President, the Prelates, Abbots, Earls, Barons and all the Nobility • f England being there present.

1150. T • cohall Archbishop of Canterbury held a General Council 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.

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 Lord's (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 Kingdom during his life. Ita tamen confirmatum est p • ct • m. quod ips • Rer & Episcopy 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.

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 Spiritual and Temporal Lord's, without any Commons for ought appears by Story.

An. Dom. 1164. King Henry the Second held a Parliament at C • arendon, wherein John 〈◊〉 Oxoni • sat President, is 〈…〉 Regi • , 〈◊〉 etiam M • chiepistop • s 〈…〉 , Prloribus, Comitibus, B •• onibus & 〈◊〉 Regnie where there 〈◊〉 Recognition made of a certain part of the Customs 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 dissensions and discords often happening betw • en the Clergy, and the Pemporall Justices and great men of the Kingdom. Among these Customs 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 voice to keep and observe to the King their Sovereign, and to his Heirs bona fide, and without male eng • n forever. So Math. Paris informs us Math. Westminster thus briefly expresseth it. Apud Claredonum coram Rege & Magnatibus Regni f • cta est recordatio Regnorum Libertatum & consuetudinum. Howden thus records it. Eodem Anno R • x Magno Congregato Concilio, & omnibus Archiepiscopi • & Episcopis Angliae, coram illo congregatis, retiit &c. The Commons for ought appears, were no Members of this Parliament.

Anno 1165. There was a Parliament held at Nonthampton Castle, wherein as William Fitz Stephens, and 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 judgment 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 controversy about pronouncing the sentence, thereupon the contoversie ceased, and Henry de Bloyes Bishop of Winchester, was at last enjoined to do it, and pronounced it against his will.

Anno 1176. There was Council. generale, a Parliament, or General Assembly of all the Bishops, Abbots, Priors, Earls, 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, & EPISCOPORUM & COMITUM & BARONUM NOSTRORUM, King Henry the second, habito cum EPISCOPIS, COMITIBUS, & BARONIBUS NOSTRIS cum Del • beratione consilio, did accordingly determine it: COMITES & BARONES Regalis Curiae Angliae ADJUDICAVERUNT Blevariam, urrique parti supra dictorum, quae in jure petita su rant fieri restitutionem, writes Howden, whose judgment the King ratified by his Charter under the great Seal of England.

Anno 1173. Lewis King of France, cum Archiepiscopis, Episcopis, Comitibus & Baronibus Regni sui, bringing with them our King, Henry the 2 ^d . his 3. sons, and Henry their Father, King of England, cum Archiepiscopis, Episcopis, Comitibus, & Baronibus terra suae, met between Gisort and Try on the seventh of October, and there treated of an accord between the King of England, and Henry his son.

Anno 1175. King Henry the second, and the King his Son went to York, where they met William King of Scots and David his brother, with almost all the Bishops, Abbots and great men of their Kingdoms, 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 York, 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, Earls 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.

The same year 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 Council the Catholic Archbishop of Tuaman and Cantoris Abbot of S. Brandon, and Master Laurence Chancellor of Roderic King of Conact, made a final concord with King Henry the Father on the behalf of Roderit King of Conact, recorded at large by Howden: At this great Parliament upon this occasion, we read of none but the King Archbishops, Bishops, Earls and Barons of England to be p • esent, not any one Knight of a Shire, or Burgess.

Anno 1176. King Henry the second held a Parliament or Council • 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 Spiritual and Temporal Lord's and Barons were the only members of Parliament in this Kings rai • n, and did order and make Laws for the whole Kingdom without the Commons, of which there is no mention in any Parliament or Council in this Kings life, that I can find; nor in 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.

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 Ambassadors to King Ri • hard of England to acquaint him, that the King of France in a General Council 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 general Concilo apud Londonias, juraverunt tacti • Sacro-sanctis Evangeliis, &c. to meet them there at the time appointed; and both the King of Fr ••• his Ambassadors and others on the behalf of the King of England, juraverunt in eodem Concilo &c. & mifit inde Chartam suam Regi Francia.

Anno 1194. During the captivity of Richard the first, a little before his release and return into England, John his brother endeavoring to usurp the Kingdom from him, sent one Adam a Clergy-man into England with Letters, to fortify 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 Johannes, & 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 Howden.

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. 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 Earls (named by Howden ) 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 privy 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 days, 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 Thieves, and of Treason, for aiding and adhering to Earl John and the Kings Enemies; who denied 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.

Anno 1197. This King made a Law concerning the assizes of Measures, and concerning Legal 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 Howden: 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 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 our Parliaments were held without any Commons or Burgesses, by the King and his Spiritual and Temporal Lord's only; the proceedings in Parliament being still acted by and before the Barons, as M. Selden observes.

In the first year 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 Matthew W • stminster; Congregatis itaque in adventu ejus Archiepiscopis, Episcopis, Comitibus & Baronibus, atque aliis omnibus qui coronationi ejus interesse debuerant: So Matthew Paris: And that year I find in Howden, Statuta quaedam Johannes 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.

Ann. Dom. 1200. the great controversy 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 year. and that the King and his Barons determined this controversy touching this Barony in Parliament.

Anno 1204, in the fifth year 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 Episcopy & Abbates sine promissione recesser • nt. And the same year there was Commune Concilium Baronum Nostrorum, at Winchester, as appears by the Rolls of that year.

Anno 1205. certain Laws in the sixth year of his Reign, were made for the defense 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 styled 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 Lord's▪ as the Judges and others now are; or else all the Kings privy Council.

The ancientest Writ of Summons to Parliament extant on record (as Mr. Selden informs us) is in this sixth year of King John directed to the Bishop of Salisbury; Ma • damus vobis, Rogantes quatenus omni occasion & dilatione postposita, sicut Nos & Honorem Nostrum diligitis, ad Nos apud London die Dominicâ proxime 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, unde 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 only persons summoned to treat with, and advise the King as his great Council, and the other fideles but their assistants, not any Burgesses, Knights or Commoners elected by the people.

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 Spiritual Lord's, made up the Parliament.

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 year 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 rejoiced 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 Spiritual and Temporal Lord's 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 year of King John 's Reign, this King (writes 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,

Rex Vicecomiti Oxford 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 vero 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 appears not by any History or Record, that there was any Parliament held this year by King John; and Mr. Selden calls it not a Parliament simply, but only a kind of Parliament, or something like it, being in truth rather a Council of War, then a Parliament, as the Writ import • it being against the rules and Custom • s of Parliaments, for men to come armed to it. Secondly, The History of that year 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, Since the time I subjected myself and my Kingdoms to the Church of Rome, alas for grief, nothing hath happened prosperously, but all things contrary to me; and therefore it is probable, that this Summons was only of such Knights and others, who held by Knights service of him, and were bound to assist him in his wars by their Tenures, to aid him with their Arms and counsel in this distress, he having done the like before by his Writs, and fined those who disserted, or refused to assist him in his Wars, two or three times over before this year, there being divers Writs and Presidents of this Nature, cited in the late discourses about the Commission of Array. Thirdly, The Writ itself 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 Arms, seem rather to be Soldiers, or Tenants holding by Knights servic • , then Knights by order: And these are only summoned to appear with their Arms at Oxford, but not to consult or advise with the King concerning the affairs of the Kingdom, therefore not summoned to a Parliament. Secondly, The Sheriff is here to summon the Barons without Arms, to appear only in person: If those Barons were Barons of Parliament, and summoned to a Parliament, there ought to have been a Writ of Summons directed to every of them in particular, not to the Sheriff to summon them in gross, without any writ to them, and they much rather then Knights or any others should have appeared in arms 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 own; the word Baron being often used for a Tenant; and a married man, whom our Law-Books style BARON; and that which persuades me hereunto is this clause in a like Writ of this King but two years before, when he feared an Invasion from France, whereby he commanded all the 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, been 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 Soldiers rather) of every County summoned to come to the King to confer with him about the affairs of his Kingdom in the last clause of this Writ, which only savors of a summons to a kind 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 Sheriff 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 Council of War or State upon a special occasion: and so no proof at all of any Knights of Shires (much less of Burgesses) in the Parliaments of this Kings reign; which the next President in his time will unanswerably clear.

In the 16 year of 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 Laws of King Edward, granted both to the Church & Magnatibus Regni ) was again produced: which read, they all swore upon the high Altar in S. Edmond's Church, that if the King refused to grant the said Laws and Liberties, they would wage war 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 Christmas, Anno 1216. in the seventeenth year 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 satisfy 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 Laws and Liberties as was desired: In which Charter there is this clause concerning Parliaments and Summons to them, and for Aids and Assessements, & ad habendum COMMUNE CONSILIUM 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 find 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, Lord's 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 Lord's, 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.