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, [Page 4] 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,Gratian [...]aus 11. Quast. 2. Privilegium meretur a­mit [...]ere, qui abutitur potestate; yea, a Canon in Gods own sa­cred Law,P [...]o. 16. 18. Dan. 4. 37. Pride goeth before destruction, and an haughty spi­rit before a fall: and not so only; but it is commonly the cause, as well as the fore-runner thereof: The Scripture Canon assu­ring us, That a mans pride shall bring him low, Prov. 29. 23. Isa. 13. 11.Gen 3. 5. Adam's and Eve's aspiring pride, to become as Gods knowing good and evil, degraded them below the primitive condition of man, wherein they were created, and made them like to the [...]sal. 49 12. 20. very beasts that perish: The1 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:Dan. 4. 29. to 35. Nebuchad [...]zar's over-ween­ing pride turned him out of his Royall Throne and pallace, to grase among beasts: And KingActs 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 theSee 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 [Page 5] Supreme Authority of England, and acting more arbitrari [...]y and tyrannically in all things, then ever any Kings or Parliaments in former ages, to the insufferable injury and oppression both of the King, Kingdom, People, and all sorts and professions of men, will in conclusion thereby inevitably occasion their own speedy downfall, and irrecoverable perdition, and (without Gods great mercy) ruine all our future Parliaments at least wise much eclipse their Honour and Esteem, and much abridge the Commons former power and Jurisdiction, by bringing all their encroached Authority, unto a legall scrutiny and debate; which absolute necessity enforces men to, for their own and the Kingdoms common preservation; and engaged me principally upon this Historicall Collection of the ancient Parliaments of England, to abate the swelling Tympany, and c [...]re (if possible) the exorbitant distempers, and dangerous Insolencies of the Le­velling sitting Commons, who have neither precept not prece­dent, Law nor Canon, nor the least shadow of authority from God or Man, King or people, or any reall priviledges or consti­tution of our Parliaments to justifie their late proceedings in the least degree.

The Method I observe in marshalling these Collections, is only Chronologicall, according to their respective Antiquities, begin­ning with the Reigns of Easewin and Kentwin, Anno Domini 673. and ending with King John▪ Anno 1216; containing in all, the space of 543 years; during which large proportion of time (and many yeers after) our Parliaments were constituted and made up onely of our Kings, Princes, Du [...]es, Earls, No­bles, BARONS, Spirituall and Temporall Lords, and those who in later ages we stile the 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 onely [Page 6] 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.

Mat. 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.

Spelmanni 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.

Ant. 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.

Wil. 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.

Spelman. 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 [Page 7] 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.

Spelman. 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.

Spelman. 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.

Boniface 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.

[Page 8] Spelman. 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.

Spelman. 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.

Spelman▪ 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.

Ingulphi 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.

Spelman Concil. p. 342. An. Dom. 838. I read of Concilium Pan-Anglicum a Councel or Parliament of all England held at Kingston, where King Egbert and his Son Ethelwalf presided; una cum Ceal [...]tha the Archeipiscope Doroberniae, caeterisque Anglia EPISCOPIS & 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 [...] [Page 9] 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.

Spelman. Concil. p. 344. An. Christi 850. There was a Councel kept at Benningdon, à PRAELATIS ET PROCERIBVS Regni Merciae under King Bertulph, where Lands were setled and confirmed on the Abbie of Crowland, by the King, Bishops and Nobles, without the assent or mention of any Commons.

Spelman Concil. p. 344. An. Dom. 851. There was a Councel held at Kingsbury, under King Bertulph; praesentibus [...]eolnotho ARCHIEPISCOPO Do [...]oberniae, caeterisque Regni Merciae EPISCOPIS & MAG­NATIBVS; (without Knights or Burgesses) which setled the affaires of the Realm, and confirmed this Kings ample Charter to the Abbey of Crowland, subscribed by the King, Archbishop, Bishops, Abbots, Dukes and Earles.

Malmesh. de Gestis Re­gum Angl. l. 2. c. 2. Ingulphi Hist. Matth. Westm. Anno 854. Wigorni­ensis An. 855. Spelman Con­cil. p. 348, 350. Seld. Titles of Honor, p 2. cap. 5. sect. 6. p. 633. An. 855. There was a Parliament or Councel of all England held at Winchester, where Ae [...]helwolf King of West-sex, Beorred King of Mercia, and Edmund King of East sex were pre­sent, together with the Archbishops of Canterbury and York, cae­terisque Angliae Episcopis & Magnatibus, wherein King Aethel­wolf, omnium PRAELATORVM AC PRINCIPVM SVO­RVM gratuito consilio: (without any Knights or Burgesses there expressed) gave the tithes of all the lands and goods within his Dominions to God and the Church, there stiled, Concilium sa­labre, which hath continued ever since in force till now.

About the yeer of our Lord 930.Wil Malm [...]b. de Gest. Reg. Angl. l. 2. c. 6. p. 52. King Aethelstan by his Char­ters gave divers lands to the Abbey of Malmsbury, in one where­of there was this Subscription or Postscript, S [...]iant Sapicutes Re­gionis nostrae, no [...] ha [...] ha [...] prata [...]s terras me injuste rapuiss [...], rapinam Deo d [...]diss [...], sed sic [...] accepi QUEMADMODUM JUDICA­VERUNT OMNES OPTIMA [...]ES REGNI ANGLORUM, to wit in a full Parliament, which then consisted only of the King, and all the Nobl [...]s of England, (as these words insinuate) who adjudged these [...] to be the Kings and not Elfreds; which [Page 10] 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.

Ingulphi Histor. p. 874. Spelman. Con­cil. page 428. Mr. Seldeno Ti­tles of Honor, part. 2. ch. 5. p. 633. An. 948. There was a Parliament or Councel held at London under King Ed [...]d, on the Feast of the Nativity of the Virgin Mary, cum universi MAGNATES REGNI per Reg [...]m Edictum summoniti tam Archiopiscopi & Episcopi & A [...]ites, quàm caeteri totius Regni PROCERES ET OPTIMATES Lon­doni convenissent, ad tractandum de [...]n [...]go [...]is publicis [...] [...]egni, Where we read of no Knights, Citizens or Burgesses, bu [...] only of Archbishops, Bishops, Abbots, and all the Nobility of the Land summoned to this famous Parliament, to consult of the publike affaires of the whole Kingdome.

Anno 965. (so Malmsbury, Malmsb [...] de Gest [...]s Reg. Angl. l. 2. cap. 8 p 56, 57. or 970. So Spelman) King Edgar called a Councel at London, where himself, his Mother, Cli [...] his Successor,(t)Spelman. Concil. p. 483. the King of Scot [...], the Admirall [...], both the [Page 11] 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.

Spelman Concil. p. 490. An. 975. King Edgar and his Queen, Elf [...]us Prince of M [...]ia, [...] Duke of the East- [...]gles, Elfwol [...] his kinsman, Archbishop Dunstan cum caeteris Episcopis, Abbatibus, Brick [...] ­tho COMITE cum NOBILITATE TOTIUS R [...]GNI held a Councel at Winchester without any Commons.

Huntingdon Hist. l. 5. p. 357 Matth. West. An. 755. usque 1002. An. 977. in the Counc [...]l of Cal [...]e under King Edward OMNES ANGLORUM OPTIMATES were present toge­ther with the Bishops and Clergy (but no Knights and Burgesses for ought is recorded) where the floor sinking under them, all but Danstan fell down some of them being grievously hurt, others slain, upon which Henry Huntind [...] makes this memora­ble Observation applicable to our times. Signum scilicet Dei excelsi fuit, quod Proditione & Interfection [...] Regis sui ab amore Dei cas [...]ri assent, [...] diversis Gentibus digna contrition [...] conter [...]. For King Ed [...]ard being soon after [...]lain, [...] Gentis sua p [...]rsida, who, i [...]ici [...]ias, qu [...] 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 inAnno 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 [...] [Page 10] [...] [Page 11] [...] [Page 12] King, against our publike faith, O [...]ths, Covenants and Engage­ments.

Spelman 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.

Brampton 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 [Page 13] 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 atWil. 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: onely 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 [Page 14] of Litchfield records, andAd Eadme­merum Notae. p. 171. Mr Selden out of him.

Hoveden. 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.Annal. 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 KingMatth. 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 onely Parliament and Legislator [...] in those dayes; without any Knights, Burgesses or Commons.

Wigerniensis 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.

[...]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 [Page 15] 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 theSeld. 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, 2 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 hisSelden. 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 King [...] Nov. l. 1 p. [...] [...]eldon [...] [...] of [...], p. [...]02. William [...] (ann. 1035) at [Page 16] 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.

Eadmarus 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.

M [...]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.

Eadm. 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 [Page 17] 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.

Math. 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.

Math. 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.

Hoveden. Annal. pars 1. p. 472. Eadmer. Hist. Nov. l. 4. p. 94, 95. Anno 1108. to redresse the incontinency of Priests, King Hen­ry the first, adunatis ad curiam suam in sol [...]nitate Pentecostes a­pud Londonium [...]unctis [...]a [...]orthus Regni, de negotio cum An­selmo Archiepiscopo, & caeter [...] Episcopis Angliae tractavit: Divers Laws and Canons were there enacted for this purpose, which were thus prefaced. Haec su [...]t Statuta de Archdiaeoni­bus, Presbyteris, &c. quae statuerunt Anselmus Cantuariensis Archi­episcopus, Thomas Eboracensis Archiepiscopus, electus cum eo, Omnesque al [...] Episcopi Angliae in praesentia Gloriosi Regis Henri [...]i Assensu Comitum & Baronum suorum &c. Or, As­sensu Omnium Baronum suorum, (as Eadmorus renders it) Statutum est, &c.

Eadmerus Hist. Nov. l. 5. p 114. Anno 1114. H [...]nricus Rex jussit Omnes Episcopos & Prin­cipes totius Regni ad curiam suam sub uno venire Itaque ut R [...]x jusserat XVI. Kal. Octobris Conventus O [...] apud West­monasterium in Palatio Regis factus est: Where the Popes Letter concerning the Bishops of England was read and debated.

Hoveden Annal. pars 1. p. 473. Ead­n [...]erus Hist. Nov. l. 5. p. 519 Anno 1115. XIII. Kal. Aprilis factus est Conven [...]us Opisco­porum, [Page 18] 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.

E [...]dmerus Hist Nov. l. 5. p. 118. The same yeer in A [...]ust following one Anselme came from R [...]me to King Henrie the first being in Normandie, bringing Let­ters from the Pope authorizing him to be his Legat in England, which in a short time being made known in ENGLAND, Admirats erg [...] Episcopi, Abb [...]tes & Nobiles Duique Lon­doniae adun [...]ti snut super his, & quibusdam a [...]s praesente Re­gina, Communi Concilio tractaturi, where they resolved to prevent this Innovation, and sent the Archbishop of Canter­burie to the King to prevent and inhibit this Legats entrance into the Kingdom. After which one [...]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.

Math. Pa [...]is. p. 71. Hun­tindon Hist. l. 8. p. 386. Anno 1137. King Henry dying leaving, Maude the Empress his right Heir; Stephen contrary to his Oath invaded the Crown: Congregatis enim Londoniis Regni Magnatibus, meliorationem l [...]gum promisit, juxta voluntatem & arbitrium singulorum; whereupon OMNES tam PRAESULES quam COMITES & Barones qui filiae Regis, & suis Haeredibus juraverant fideli­tatem, cons [...]nsum Stephano praebuerunt, dicentes fore nimis turpe, si tot Nobil [...]s faeminae subderentur, &c.

[Page 19] Continua­tio [...]d Florent. Wigorniense [...] p. 519. Anno 1138. King St [...]phen on the fourth of April, held a Councel at Northampton▪ in which the Archbishop of York sate President, the Prelates, Abbots, Earls, Barons and all the Nobi­lity [...]f England being there present.

Hen. Huntin­don, hist l 8. p. 395. 1150. T [...]cohall Archbishop of Canterbury held a Generall Councel at London in Midlent▪ where King Stephen and his son Eustace, ET ANGLIAE PROCERES interfuerunt, and the No­bles of England were present, but no Commons that we read of.

Math West. An. 1153. p. 42 Anno 1153. King Stephen having no Heir but Duke Henry recognovit in Conventu Episcoporum & aliorum Regni Op­timatum; acknowledged in an Assembly of the Bishops and other Lords (or Nobles) of the Realm, that Henry had an he­reditary right to the Kingdom of England, and the Duke peace­ably granted, that Stephen should quietly enjoy the Kingdome during his life. Ita tamen confirmatum est p [...]ct [...]m. quod ips [...] Rer & Episcopi tunc praesentes, cum caet [...]ri [...] R [...]gni Optima­tibus jurarent, quod Dux Henri [...]us post mortem Rogis, fi illum su­per viveret, r [...]gn [...]misine aliqua contradictione obtineret.

Gul. Nubri­gensis Rerum Angl. l. 1. cap. 32. An. 1154. King Stephen about the feast of Michael the Arch­angel cum Episcopis & Nobtlibus A [...]glie Conciltum Londo­niis col h [...]aturus tum pro Rigni Negotiis, tum etiam n [...]g [...]tio va­cant [...] Ecclesiae Fibor [...]consis; writes Nu [...]gens [...]s. By which pas­sages it is evident that the Parliaments of his Reign consIted only of the King, Bishops, and other Spirituall and Temporal Lords, without any Commons for ought appeares by Storie.

Math. Paris. Hist p. 96, 97. An. Dom. 1164. King Henry the Second held a Parliament at C [...]arendon, wherein John [...] Oxoni [...] sate President, is [...] Regi [...], [...] etiam M [...]chiepistop [...]s [...], Prloribus, Comitibus, B [...]onibus & [...] Regnie where there [...] Recognition made of a certain part of the Customes and Liberties of his Ancestors, to wit, of Hen­ry his grandfather and others, which ought to be observed in the Kingdom, [...] to be [...] by all, by real [...] of the dissentions and discords often hapning betw [...]en the Clergy, and the Pemporall Justices and great men of the Kingdome. Among these Cu­stomes this is one; Aro [...]piscopi, Episco [...], & universae person [...] Regni qui do Rege [...]ra [...] [...] pess [...]ssiones [...] [...], [...] & Re­gis, & [...]. intur & fa [...]ano owner consur [...]di [...]es Reg [...] [...] [Page 20] 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 usAn. 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. Annal pars posterior. p 490. Hoveden thus records it. Eodem Anno R [...]x Magno Congregato Concilio, & omnibus Archiepiscopi [...] & Episcopis Angliae, coram illo congregatis, retiit &c. The Commons for ought appeares, were no Members of this Parliament.

Anno 1165. There was a Parliament held at Nonthampton Castle, wherein as William Fitz Stephens, andTitles 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.

Hoveden Annal. pars poster p. 561. to 566 Math. Patis p. 127. Anno 1176. There was Concil. generale, a Parliament, or Ge­nerall Assembly of all the Bishops, Abbots, Priors, Earles, and Barons of England held at Westminster, for the determi­nation of the great contention between Alfonso King of Ca­stile, and Sancho King of Navarre, touching divers Castles and Territories in Spain, submitted to the determination of our King Henry the second, who all meeting together, their Advocates being fully heard in prasentia nostra, & EPISCOPORƲM & [Page 21] 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.

Hoveden Annal pars posterior p. 556. Anno 1173. Lewis King of France, cum Archiepiscopis, Epis­copis, Comitibus & Baronibus Regni sui, bringing with them our King, Henry the 2^d. 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.

Hoveden Annal. pars poster. p. 544. Anno 1175. King Henry the second, and the King his Son went to Yorke, where they met William King of Scots and Da­vid his brother, with almost all the Bishops, Abbots and great men of their Kingdomes, where the agreement made between the King of Scots and King Henry the Father was read and con­firmed before the King his Son, Roger Archbishop of Yorke, Hugh Bishop of Durham, & Comitibus & Baronibus Angliae, & coram Episcopis & Abbatibus, Comitibus & Baronibus Regni Scotiae in Ecclesia sancti Petri Eboraci. So as the Kings, Bishops, Abbots, Earles and Barons of England and Scotland too, (without any conjunction or mixture of Knights and Burgesses) were the only Parliaments to conclude peace or war, or enact Laws in this Kings reign.

Hoved. An­nal pars po­ster. p. 546. Antiq. Eccles. Brit. p. 94, 95. The same yeer 1175. King Henry the second, Magnum Congregavit Concilium apud Windeshores in octavis S. Michae­lis, praesentibus & Rege filio Richardo Cant. Archie [...]isc. & Episcopis Angliae, & coram Laurentio Dublinensi Archiepisc. prasentibus eti­am Comitibus & Baronib [...]s Angliae: In which Councel the Ca­tholike Archbishop of Tuaman and Cantoris Abbot of S. Bran­don, and Master Laurence Chancellor of Roderic King of Conact, made a finall concord with King Henry the Father on the be­half of Roderit King of Conact, recorded at large by Hoveden: At this great Parliament upon this occasion, we read of none [Page 22] but the King Archbishops, Bishops, Earles and Barons of Eng­land to be p [...]esent, not any one Knight of a Shire, or Burgesse.

H [...]v [...]den Ann [...] pars post. p. [...]4 [...]. Anno 1176. King Henry the second held a Parliament or Concil [...]um mog [...]um at Notting [...]am, de S [...]tutis Reg [...]i sui, & co­ram R [...]g [...]filio suo, & coram Archiepiscopo Episcopis, Comitibus & Baronibus Regni sui Communi omnium Concilio d [...]v [...]sit Regnum suum in s [...]x part [...]s; per quarum singulas, tres justiciarios itinerantes const [...]tuii; After which, he records the Justices names, and the Counties allotted to each of their divisions; by which testimony it is most evident, that the King and the Spirituall and Temporall Lords and Barons were the only members of Parlia­ment in this Kings rai [...]n, and did order and make Laws for the whole Kingdome without the Commons, of which there is no mention in any Parliament or Councel in this Kings life, that I can finde; nor inAnnal. 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.

Hove [...]en. Annal. p. [...] post. p. 5 [...]6. [...] p 94, 95. Anno Dom. 1189. King Richard the first after the death of King Henry the second, on the third day of S [...]ptember was crow­ned at W [...]stminst [...]r by B [...]ldwin Archbishop of C [...]nterbury, di­vers other Archbishops, Bishops, Abbots, Priors and the EARLS and BARONS of England, being assembled together at London, and present at it, quorum consilio, by whose advice he was crow­ned. That same year Philip King of France sent Embassadors to King Ri [...]hard of England to acquaint him, that the King of France in a General Councel at Paris, and all his Nobles had sworn upon the holy Evangelists, that God willing they would immutably be at Vizels by the end of Easter in their voyage to­wards the Holy Land, desiring that he and his Earls and Barons would do the like & meet him there at that time. Hinc factum est quod Richardus Rex Angl. & Conutes & Barones sui, qui crucem suscepe [...]unt in generall Concilo apud Londonias, juraverunt tacti [...] Sacro-sanctis Evangeliis, &c. to meet them there at the time appointed; and both the King of Fr [...] his Embassadors and [Page 23] others on the behalf of the King of England, juraverunt in eodem Concilo &c. & mifit inde Chartam suam Regi Fran­cia.

Hoved. An­nal. pars po­ster. p 735. Anno 1194. During the captivity of Richard the first, a little before his release and return into England, John his bro­ther endeavouring to usurp the Kingdom from him, sent one Adam a Clergy-man into England with Letters, to fortifie all his castles against the King his brother; who was apprehended together with his Letters by the Mayor of London, who deliver­ed all his Letters to Hubert Archbishop of Canterbury, Qui in crastino convocatis coram to Episcopis, Comitibus & Baroni­bus Regni, ostendit eu literas Comitis Johannis, & earum teno­rem: & statim per commune Conclitum Regni de [...]initum est, quod Comes Johannes dissaisiretur de omnibus tenement [...] suis in Anglia, & ut Castella sua obsiderentur: & ita factum est, writes Hoveden.

Mat. West. an. 1194. p 68. Mat. Paris. p. 169. Ann. 1194 King Richard the first, Concilio Procerum suorum, by the advice of his Nobles, was crowned the second time at Winchester, though with some reluctancy.Hoved. An. pars posterior. p. 736 737. On the 3 [...]. day of March 1195, he celebrated primum Consilii sui Di­e [...]n, the first day of his Parliament at Nottingham; at which Queen Elenor his Mother, both the Archbishops (one of them sitting at the Kings right hand, the other at his left) and sundry Bishops and Earles (named by Hoveden) were present. On the 31 day of March, the second day of the Parliament, the King demanded judgment against Earl John his brother, who against his fidelity sworn to him, had seised and wasted his Ca­stles and Lands on this side and beyond the Seas, and entered into a covenant against him with the French King his Enemy. He likewise demanded judgment against Hugh de Novant Bi­shop of Coventry, who being privie to his secrets had deserted him, and adhered to the King of France, and Earl John his E­nemies, plotting all mischief to the destruction of his Kingdom. Et judicatum est, That Earl John and the Bishop should be peremptorily cited, if they appeared not within forty dayes, nec juri steterint, judicarunt, Comitem Johannem demeruisse Reg­num, & Episcopum Coventrensem subjacere judicio Episcopo­rum, in eo quod ipse Episcopus erat; & judicio Laicorum, in eo [Page 24] 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.

Hov [...]d. p. 7 [...]1 78 [...]. 784. See pag. 743. 744. 745. Anno 1197. This King made a Law concerning the assi­zes of Measures, and concerning Legall Proceedings and Pleas of the Crown and Forrests: Haec est Assisa Domini Regis, & haec sunt praecepta de Forrestis suis in Anglia facta, per Assen­sum & Confilium Archiepiscop. & Episc. Abbatum, Comitum & Baronum, & Militum totius Regnisui, writes Hoveden: That these Milites were Knights of Shires chosen by Writ, ap­pears not; I conceive them to be rather Barons that were Knighted, who were usually called Knights, asInst. 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, thatSe [...] 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. SoAnn. 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 H [...]st Angl. p. 189. Matthew Paris: And that yeer I finde inAnnil. [...]. 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.

[Page 25] Hoved pars poster. p. 803. Ann. Dom. 1200. the great controversie touching the Ba­rony that William of Mowbray [...]laimed against William of Stat­vile, which had long depended in suit in the Kings Court, [...]an­dem Conci [...]to Regni, & Voluntate Regis, pax & finalis con­cordia facta est, by way of composition. It seems, there was a Parliament held that yeer. and that the King and his Barons determined this controversie touching this Barony in Parlia­ment.

Mat. Paris. Hist. Angliae, pag. 201. Matt. Westm. An. 1204. p 80. Anno 1204, in the fift yeer of King John's Reign, in cra­stino Circumcisionis, convenerunt ad colloquium apud Oxoniam Rex & Magnates Angliae, ubi concessa sunt Regi auxilia mili­taria, de quolibet scuto scilicet terrae duae Marcae & dimi­dia. Nec etiam Episcopi & Abbates sine promissione re­cesser [...]nt. And the same yeer there was Rot. Parl. 5. Jo [...]n. Reg. Membr. 1. Num 3. Seld. Tit. of Hon. pag. 707. Commune Con­cilium Baronum Nostrorum, at Winchester, as appears by the Rolls of that yeer.

Dor Par. 6. Joh R Memb. 2 4 Dors. Claus. 3. Seld. Titles of Honor, par. 2. cap. 5. p. 707. Anno 1205. certain Laws in the sixth yeer of his Reign, were made for the defence of the Kingdom, communi asse [...]su Archiepiscoporum, Episcoporum, Comitum & Baronum, & omnium Fidelium Nostrorum Angliae: who these Fideles were, appears not; certain it is, they are stiled neither Knights, Citizens, Burgesses, nor Commons; and therefore may be well intended of those who adhered to the King against his Enemies, or others specially summoned to assist the King and Lords▪ as the Judges and others now are; or else all the Kings privie Councel.

The ancientest Writ of Summons to Parliament extant on re­cord (as Tit. of Ho­nor, p. 708. Dors Claus 6. Joh. R Memb. 3. Mr. Selden informs us) is in this sixth yeer of King John directed to the Bishop of Salisbury; Ma [...]damus vobis, Rogantes quatenus omni occasione & dilatione postposita, sicut Nos & 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 [...] [Page 26] & Priores Conventuales totius Diocaesis citari faciatis, ut Con­cilio praedicto intersint, sicut diligunt Nos, & Communem Regni utilitatem. By which it is apparent, that the Peers Spiritual and Temporal of the Realm were the onely persons summoned to treat with, and advise the King as his great Councel, and the other fideles but their assistants, not any Burgesses, Knights or Commoners elected by the people.

Matt. Paris [...]. p. 21 [...]. Ann. 1209. King John requiring Hostages of William de Brause, a Nobleman, for his sidelity, as he had done of others, had this answer returned to the Messengers, Si ipsum (Regem) in aliquo offendi, paratus sum, & ero, Domino meo & sine obsedi­bus satisfacere, secundum judicium Curiae suae, & Baronum Parium meorum, certo mihi assignato die & loco. So that the Judgment of Parliament then resided in the Peers alone, who together with the King and Spirituall Lords, made up the Par­liament.

Matt. Paris p. 225. 230. 231. Anno Dom. 1213, on the 13 day of May, King John, Pan­dulph the Popes Legat, cum COMITIBUS & BARONIBUS, assembled at Dover, and concluded a form of Peace between the King and the Pope, there mentioned at large. The same yeer there was a Parliament held at S. Albans, there descri­bed by Matthew Paris. Interfuerunt Concilio apud Sanctum Albanum Galfridus filius Petri, & Episcopus Winton, cum Ar­chiepiscopo & Episcopis & Magnatibus Regni, ubi cunctis pace Regis denunciata, ex ejusdem Regis parte firmiter prae­ceptum est, quatenus Leges Henrici avi sui ab omnibus in Regno suo custodirentur, & omnes Leges iniquae penitus enervarentur, &c. And the same year on the eighth of September there was a Conference or Parliament assembled at London, which he thus expresseth; Convenerunt in Civitate Londoniarum apud San­ctum Paulum, Stephanus Cantuar. Archiepiscopus, cum Epis­copis, Abbatibus, Prioribus, Decanis & Baronibus Regni. Where the Archbishop produced the Charter of King Henry the First, (of the Liberties of England) which he caused to be read, beginning thus: Henricus Dei gratiâ Rex Angliae, &c. Sciatis, me Dei misericordiâ, & Communi Concilio Baronium Regni Angliae, ejusdem Regni Regem esse coronatum, &c. Towards the latter end thereof there is this clause; Legem Re­gis [Page 27] 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 (writesTitles 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,

Dors. Claus. 15. Joh. Reg. part. 2. Mem. 7. Rex Vicecomiti Oxon salutem: Praecipimus tibi, quod OMNES MILITES Ballivae tuae qui summoniti fuerunt esse apud Oxoniani ad NOS, à die Omnium Sanctorum ad 15 dies, venire facias cum Armis suis; Corpora verò Baronum sine Ar­mis singulariter: & Indiscretos Milites de Comitatu tuo il­luc venire facies ad Nos, ad cundem terminum, ad loquen­dum Nobiscum de negotiis Regni Nostri. Teste Meipso, a­pud Witten. 11. die Novembris.

E [...]dem modo scribitur omnibus Vicecomitibus.

This President seems to prove that there were Knights of Shires summoned to Parliaments in King Johns reign.

To which I answer.

First, that it appeares not by any Historie or Record, that there was any Parliament held this yeer by King John; and Mr. Selden calls it not a Parliament simply, but only a kinde of Parliament, or something like it, being in truth rather a Councel of Warre, then a Parliament, as the Writ import [...] it being against the rules [Page 28] andCook 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,Math. Paris. p. 242. Since the time I subject­ed my self and my Kingdomes to the Church of Rome, alas for grief, nothing hath hapned prosperously, but all things contrary to me; and therefore it is probable, that this Summons was only of such Knights and others, whoMath. 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 beforeMath. 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 lateExact 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 aCook. 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 theMath. Paris. p. 224. She­riffs [Page 29] 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.

[Page 30] In the 16 yeer ofMat 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, Math. 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 [Page 31] 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.