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A56204 The second part of a brief register and survey of the several kinds and forms of parliamentary writs comprising the several varieties and forms of writs for electing knights, citizens and burgesses for Parliaments and Great Council ... : wherein the original of the commons house, and elections of knights, citizens, burgesses and barons of ports to sit in Parliament, is infallibly evidenced to be no entienter than 40 H. 3. the presidents and objections to the contrarie answered ... / by William Prynne ... Prynne, William, 1600-1669. 1660 (1660) Wing P4071; ESTC R1409 118,009 213

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settlement of our 3. Kingdoms reduced to the brink of utter ruine by their dangerous 〈◊〉 Innovations and Usurpations over their fellow-Members ●…cers and Kings and restore our Parliaments to their antient Constitution Rights Privileges without any injurious Incroachments upon the Peoples Liberties or one House upon the other I shall 〈◊〉 God for it and by his assistance proceed to publish the remaining Sections for the benifit of Posterity In the mean time I hope this Fragment will demerit thy thanks too and thy servent Prayers for thy friend The unfeined unmercinary Servant of his Native Country in his generation William Prynn Lincolns-Inne Jan. 7. 1659. THE SECOND PART OF A Brief Register Kalendar and Survey of the several Kindes Forms of PARLIAMENTARY WRITS HAving already presented the world with the First Part of my Brief Register Kalendar and Survey of the several kinds forms of Parliamentary Writs in 3. distinct Sections with Special General Choise useful Annotations on and Observations from them relating principally to the Members and Assistants of the LORDS HOUSE I shall now proceed in this Second Part by Gods assistance to communicate to this present age and Posteritie in several Sections the manifold varieties forms of Writs issued to Sheriffs of Shires and particular Corporations made Counties within themselves Wardens of the Cinqueports Mayors of Towns Burroughs and Officers of the Ports for electing Knights Citizens Burgesses Barons of the Ports and other Members to serve in our Great Councils Parliaments or attend upon or appear before them as Assistants or otherwise upon Extraordinarie Occasions with the different Forms of Writs for Proroguing Adjourning Superseding Parliaments or Councils after the first Writs of Summons issued to Spiritual and Temporal Lords of all ranks the Kings Counsil Sheriffs and other Officers with extraordinarie Writs directed to the King Nobles Officers and others of Scotland and to some Lords Officers and others in Ireland as likewise to Merchants Masters Owners of Ships and other private persons to appear at or before the Parliament or Kings Counsil in England upon urgent occasions relating to the respective Lands affairs defences of Scotland or Ireland or to the Guarding of the Seas Merchandize trade and the like with sundrie kinds of Writs issued to the Arch-bishops Bishops Convocations Clergy of England besides other rare Writs relating to our Parliamentarie affairs and proceedings not hitherto published or insisted on by any Writers of our Parliaments though most worthie the knowledg of all Noble-men States-men Parliament-men Lawyers Gentlemen of qualitie Antiquaries Historians hitherto for the most part totally unacquainted with them or the majoritie of them almost quite buried in the grave of oblivion many of our Records being now overspread with dust cobwebs and eaten up with rust cankers moths worms in their over-much neglected Cells for want of industrie care in those who should preserve and reduce them into better order for the publike benefit of the present and succeeding ages A Work fit to be speedily executed promoted and no longer deferred by those whom it most concerns and by persons in highest Authoritie as worthy their superintendent eye and countenance being the richest Treasures of the whole English Nation SECTION IV. Of the several varieties forms of Writs for electing Knights Citizens and Burgesses for Parliaments and great Councils issued to the Sheriffs of Counties intermixed with some of their ancientest Retorns by Sheriffs and some writs of Prorogation and Resummons with special usefull Annotations on and Observations from them after most of these VVrits recitals VVHen and in what Kings Reign Writs for electing Knights Citizens and Burgesses to serve in our great Councils Parliaments were first issued and they upon the peoples free choice admitted into them as Members is a great yet undecided Countroversie amongst Antiquaries and Writers of our English Parliaments Some conceit that there were Knights Citizens Burgesses and Commons in the Reigns of our Saxon Kings before the Conquest summoned as Members to their grand Councils and included together with the Nobles under the name of Sapientes and the like for proof whereof they much insist upon the pretended ancient Treatise stiled Modus tenendi Parliamentum which in truth is but a late absurd Imposture though cried up by Sir Edw. Cook who over doted on it for a most ancient Record beyond all exceptions relying upon it as an undoubted Oracle Others refer their original to the Parliamentarie Council held at Salisbury in the sixteenth year of King Henry the 1. to which opinion Polydor Virgil Holingshed Speed in their Histories Anno 1216. Justice Dodderidg Mr. Cambden Mr. Agar and Joseph Holland in their Treatises of the c Antiquity of the Parliaments of England Sir Walter Raleigh and others incline as most probable Which I have at large refuted in My Plea for the Lords p. 165. to 183. by unanswerable evidences Sir Rob Cotton and Mr. Selden two of our learnedest most judicious Antiquaries do rather incline that the writs for electing Knights Citizens and Burgesses began but about the later end of King Henry the 3. and that the first Writ of this kinde now extant is that in Cl. 49 H. 3. before which time I conceive it can hardly be made good by Historie or Records that anie Knights Citizens Burgesses or Commons elected by the people or others were called to our Great Councils or Parliaments as Members of them That which induceth me to adhere to this opinion are not onely the Histories and Records I have elswhere cited during the reigns of King Henry the 1. King Stephen Henry the 2. Richard 1. King Iohn and Henry the 3. of all the Parliamentarie Councils held under them before this year which make no mention of anie such Knights Citizens Burgesses or Commons summoned to or present in them as Members but only of the Archbishops Bishops Abbots Priors Earls Nobles and Great men of the Realm but these memorable Writs entred in the Clause Roll of 48 H. 3. which assure us that there was a Parliamentarie Council summoned held this year by the King his Prelates Lords Nobles Barons and a Tenth granted him by the Prelates Lords ordained how to be levied expended for the common benefit of the Realm Church of England by their unanimous Counsil and advice without the least mention at all of anie Knights Citizens Burgesses or Commons called to or acting in it in anie kinde Claus. 48 H. 3. m. 5. dorso Rex Johanni de Balliolo salutem Cum jam sedata turbatione nuper habita in Regno nostro Pax inter Nos et Barones nostros divina cooperante gratia ordinata sit ac firmata Et quaedam ardua negocia Nos et Regnum nostrum tangentia Vobiscum communicanda habeamus quae sine praesentia vestra aliorum Fidelium nostrorum nequeunt expediri Vobis de Consilio Baronum nostrorum mandamus in fide et homagio quibus Nobis tenemini