Selected quad for the lemma: parliament_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
parliament_n	earl_n	king_n	york_n	3,121	5	9.5804	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A26172	Jani Anglorum facies nova, or, Several monuments of antiquity touching the great councils of the kingdom and the court of the kings immediate tenants and officers from the first of William the First, to the forty ninth of Henry the third, reviv'd and clear'd : wherein the sense of the common-council of the kingdom mentioned in King John's charter, and of the laws ecclesiastical, or civil, concerning clergy-men's voting in capital cases is submitted to the judgement of the learned.	Atwood, William, d. 1705?	1680 (1680)	Wing A4174; ESTC R37043	81,835	173

any publick Act of recognizing a Kings Title of justice or of Elections of Persons to any Office I shall not scruple to call such an Assembly a Council and if it it be General a Great or Common Council of the Kingdom And Lanfranc I conceive was in this Kings Reign chose to be Metropolitan of all England in such a Council 't was indeed in Curiâ Regis as Gervacius and the Author of Antiquitates Britannicae shew but not the Ordinary Curia for 't was on our Lady-Day which was not the time of such Curia and the Clerus and Populus Angliae more than the Kings Tenants and Officers there confirm'd the choice of the Seniores ejusdem Ecclesiae that is of Canterbury In the fourth of this King the controversie between the Archbishop of York and the Bishop of Worcester was determined at Petreda before the King Archbishop Lanfranc the Bishops Abbots Earles et Primatibus totius Angliae this Mr. Selden rightly calls a Parliament which is easily to be gathered from the large and comprehensive Signification of Primates That General Summons the same year to have an account of the Laws looks as if it were to a Parliament to which a representation of twelve for every Country was agreed on but appears not to have been specially directed be that as it will there was no need of a full representative or meeting in an entire Body because it was not to lay any new obligation upon them but was an Enquest of the several Counties to present their old Laws But when he seemed inclined to make the Customs of some few Counties the Rule to all the rest Ad preces communitatis Anglorum he left to every County its old Customs In the Seventeenth of this King Convocavit Rex multitudinem Nobilium Angliae the multitude of the Nobles of England says Gervace of Dover this was about Ecclesiastical Affairs Concerning the bringing regular Monks into Monasteries and an old Monk tells of the Charter or Law then agreed on Haec charta confirmata est apud Westm in concilio meo Anno Regni mei XVIII praesentibus omnibus Episcopis et Baronibus meis where Barones mei must either be meant with relation to the whole Nobility of England which were all the King's men though not his Feudal especially immediate Tenants before whom the Test of Charters used to be as in Henry the Third's time the Earls only subscribed at the request of the rest or it might be only his Tenants in Chief subscribing as was usual In the Eighteenth the King impeaches his Brother Odo for his extortion this was at the Isle of Wight In Insulâ Vectâ ei obviavit Ibi in mirum congregatis in aulâ Regali Primoribus Regni this was matter of ordinary Justice and though Primores Regni are named yet it might have been only such of them as attended on his Wars or in his Court and 't is not probable that being abroad all the Primores Angliae were summoned to this In the Nineteenth of his Reign I take it that he held barely his Curia at Glocester for 't was a Military Council except that his Judges Great Officers and constant Attendants were part of it Partem exercitus sui remisit partem secum per totam hyemem retinuit et in nativitate Domini Glavorniae Curiam suā tenuit at this Court I find only some Ecclesiastical Preferments disposed of to three of his Chaplains which required no solemn Consult but his Laws passed per Commune Concilium totius Regni semel atque iterum ait se concessisse c. per Commune Concilium totius Regni and his Leges Episcopales Ecclesiastical Laws were established De Communi Consilio Arch. Episc Abb. et omnium Procerum Regni sui For William the Second whereas a great Antiquary will not say whether there were any solemn convention of the Nature of a Common or General Council in his time 't is manifest there was and we may find the Marks of distinction between his ordinary Curia Great Council or Parliament He was crowned convocatis terrae magnatibus says Bromton volentibus animis Provincialium Malms that is the whole Kingdom agreeing or the Major part indeed it seems the Normans were for Duke Robert but the English were not so wasted as some imagine but that they carried it Angli tamen fideliter ei juvabant as Simeon of Durham shews and Hoveden out of him In the Second year of his Reign he held a Curia on Christmass at London but 't was more than a Curia de more for there were Justiciarii ac Principes totius Angliae In the Third Turmas optimatum accivit Guentoniae congregavit he called together the Troops or Army of Nobles Barones aloquitur inveighs against his Brother Robert and perswades them to a War ut consilium inirent quid sit agendum jussit bids them consider or advise what was to be done His dictis omnes assenssum dederunt all consented to a War The King being very ill omnes totius Regni Principes coeunt Episcopi Abbates quique Nobiles promittuntur omni populo bonae sanctae leges here the Princes and Nobles reach to omnis populus Here Anselm is named Archbishop by the King concordi voce sequitur acclamatio omnium the noyce and publick acclamation witnesses the peoples consent and this is said to be secundum totius Regni electionem or as another Author Rex Anglorum consilio rogatu Principum suorum Cleri quoque populi petition● et electione The King being upon leaving England to settle his Affairs in Normandy Ex praecepto Regis omnes ferè Episc unà cum principibus Angl. ad Hastings convenerunt Here Anselm pressed that there might be Generale Concilium Episcoporum but went from the Curia the Great Council dissatisfied Anselm had propounded a question to be discussed in Council Utrum salvâ reverentiâ et obedientiâ sedis Apostolicae possit fidem terreno Regi servare annon Ex Regiâ sanctione fermè totius Regni Nobilitas quinto Id. Martii pro ventilatione istius causae in unum apud Rochingham coit Fit itaque conventus omnium This is called Curia but could not be the Court of Tenants and Officers only Anselm harangues the Assembly in medio Procerum et conglobatae multitudinis sedens The other Bishops are the Mouth of the Assembly and the Bishop of Durham the Prolocutor they tell him they will have him obey his Prince upon this he appeals to Rome Miles Unus a good honest Freeholder steps out of the throng de multitudine prodiens and with great devotion sets before his Holy Father the Example of Job's patience upon this the Prelate hugged himself in the opinion that the populus the Populacy were

praefato concilio nostro ad praed term Pashae respondere possint super praed auxil pro singulis Comitat. These were properly to come in the stead of all for they were only Deputies to carry the sense of their Principals the matter was to be propounded in the County Courts before the Knights there chose aliis and the rest of the Free-holders this whole assembly was to be moved to grant a large contribution and the Knights were to make the tender of their present before the King and his Council if the County had wholly refused the Knights had no power then to grant for them so says the Record for it was to be propounded to all Ita quod the Knights might answer for an aid from the County And it seems whether the Counties chose Deputies or not or gave them not full instructions the King was not able to work upon them that met at the place and time then appointed but they broke up in great discontent Et sic cum summa indignatione tristes admodum Proceres recesserunt But if the Tenants in Chief made the Common Council of the Kingdom till 49 H. 3. and had a power to tax the rest of the Nation de Alto Basso ad meram voluntatem suam why this summons for a representative of the Counties The very next year being the 39th above-mention'd the King sollicites them for Aid They tell the King he undertook that War against France for which he demanded aid sine consilio suo Baronagii sui And when some were for complying with the Kings Demands they Answer That all were not call'd according to the Tenour Magnae Cartae suae that is of this Kings Great Charter Now whether this were because many who were exempted from Common Summons for many such there were by particular Charters had not Special summons Singulatim from the King himself or that he put a representative upon them whereas they might plead that 't was their free Custome to come themselves in person or send as many as they pleased in their names I need not determine it being enough that here were more than Tenants in Capite But a mighty Argument has been raised against Inferiour Proprietors or the Barones Milites liberè tenentes which held not of the King being part of the great or Common Council of the Nation upon such records as mention their being summon'd coram Concilio And in effect the force resolves into this they are no part of the Kings standing Council the Assistants to him and his Lords or of his Common Council of Tenants and Officers in the Curia therefore no part of the great or Common Council of the Kingdome To clear this I need offer but one Instance of many At Christmass in the 6th of Hen. the 3. he held his Curia at Oxford but 't was more than a Curia de More Tenuit curiam suam praesentibus Comitibus Baronibus Regni words of an extensive sense or Ad natale Dom. fuit apud Oxoniam ubi festa Natalitia solemniter cum suis Magnatibus celebravit We have a Record of a subsidy granted that year probably in that very Curia Coram Nobis concilio nostro praesentibus Arch. Cant. Ep. Com. Magnatibus nostris de Communi Omnium Voluntate Now many of these were members both of the standing Council and Curia too and yet were Coram Nobis Concilio nostro but the meaning of it is that this was granted either before the King and his standing Council or the King in his Curia by all these That is here was a conjunction of all Councils in one adunatis Conciliis But because here are only Com. Bar. Magnates mentioned as if here were not any but great Lords 't is to be observed and cannot be denied by any Antiquary that free-holders and they that came from the Counties as the representatives of such had the appellation of Magnates even a long while after and therefore much rather before when Lands had fewer Owners the Owners especially such as came in their own persons were Magnates In the 37 of this King in Parliamento London so Mat. Westm p. 352. Rex Angliae R. Comes Norfolc c. caeterique Magnates Angliae consented to the Excommunication of all the Violators of the great Charter Rex Praedicti Magnates that is as is explain'd by Fleta who was Judge in the 16th of Edward the First Archiepiscopi Episcopi Abbates Regni Angliae Priores Comites Barones Milites alii Magnates the Record goes on Communitas populi protestantur publicè in praesentiâ Arch. Cant. nec non Episcoporum omnium in eodem colloquio existentium In cujus rei test in posterum Veritatis testimonium tam Dominus Rex quam praed Comites ad Instantiam Magnatum populi praesentium Scripto Sigilla sua apposuerunt Here the Communitas populi were the Communitas Civitatum Burgorum for the rest were Magnates the King and some Earls subscribed at the desire of the rest Perhaps by this time they that suppose the Commune Consilium regni within King John's Charter to have been a Full Parliament or Great Council till the 49th of Henry the Third will compound for their Notion and will yield That more than such often came to Council but that 't was of courtesie and that the King 's immediate Tenants alone could charge the rest and often did For which they have two false grounds though perhaps but one within the time we are now upon yet both are worth notice 1. They take it for granted that the Lords us'd to answer for their Tenants in Benevolences out of Parliament and upon this weak and at least uncertain foundation they build the Supposition That they at other times represented them in all Great and Publick Councils 2. Which falls within the time That it should seem by Record that the immediate Tenants have charg'd others without their Consent 1. To prove that the Lords answered for their Tenants they run back as far as William the Second's Reign when his Brother Robert sent to him to borrow Ten thousand Marks of Silver proffering Normandy for Security for Repayment The Bishops Abbots and Abbesses brake in pieces the Silver and Gold Ornaments of their Churches the Earls Barons and Sheriffs suos Milites spoliaverunt that is robbed those which were under them and 't is a fine President for the Right of the thing which carries Sacrilege and Robbery in the face of it Here the Sheriffs robb'd or took away from the Freeholders that were within their Ball'ia or Balliva and the Lords took from the Tenants within theirs wherefore if the Lords could charge their Tenants the Sheriffs could the Freeholders but I would fain see one President that the Kings Tenants ever answer'd for them that were within their Ball'ia further than the Sheriffs did for those within theirs which at

particular exclusion 2. Besides we have some good Testimany of Barons being distinguish'd by holding in Chief from others that held not in Chief long before the end of Henry the Third or the time to which that ancient Author refers the Law of alteration which seems to shew that there were then Barons by Writ only as well as ancient Barons by Tenure That Testimony in Mat. Paris Rex edicto publicè proposito saith he speaking of the 29th of Henry the Third Et submonitione generaliter facto fecit notificari per totam Angliam ut quilibet Baro. tenens ex Rege in Capite haberet prompta parata Regali praecepto omnia servitia militaria quae ei debentur tam Episcopi Abbates quam laici Barones Barons holding in Capite are mention'd here as if some held not so which must be such as were Barons by Writ only Thus much he yeilds here If there were not Barons by Writ there being in those times other Barons besides Barons by Tenure Mr. Camden and his Author were in the right and the word Baro was of large extent that is reacht to every Free-holder who according to Sir Henry Spelman had that appellation However it does not follow because there were other Barons besides Barons by Tenure that they must be by Writ for what hinders but that they might have been by reason of their Possessions and the freer from Feudall Tenure so much the rather Barones as Free-men The distinction of Barones Majores and Minores I take it has been moveable sometimes all the Tenants in Chief were Majores as in Henry the Seconds time where the Barones Secundae dignitatis that is Minores are added to sit upon the Judgments with the Tenants in Chief In King John's time we find Majores Barones holding in Chief alios so that the Estates of the Great Barons being parcel'd out some that held immediately of the King were Minores Barones by reason of the smallness of their Estates But this is clear from Record That Writs of special Summons made none Barons out of Parliament whatever they did in Parliament except where there was such an unusual Clause as we find in a Writ of Summons 27 H. 6. Volumus enim vos heredes vestros masculos de corpore vestro legitimè exeuntes Barones de Vescey existere Here was a special Clause of Creation to a Barony but if the usual Writs Quatenus Writs of Summons made none Barons out of Parliament and there is not the least ground of conjecture that such Writs were devis'd in the time of Henry the Third it follows That when Henry the Third Summon'd only his own Tenants to perform their Military Services not to Parliament and these were Barones tenentes in Capite but there were other Barons omitted that these Barons must have been such by reason of their Freehold That an usual Writ or Writs of Summons made none Barons out of Parliament appears very fully in the Case of Thomas de Furnivall in the Court of Exchequer Thomas de Furnivall had been amerced tanquam Baro. He pleads in discharge of his amercement That he was no Baron nor held by Barony or part of a Barony Licet ipse Baro non sit nec terram suam per Baroniam vel partem Baroniae teneat nihilominus idem Thomas pro quibusdam defaltis in quibusdam Curiis c. In eisdem Curiis tanquam Baro amerciatus fuit Now according to Mr. Selden's Notion he ought to have pleaded that he was no Baron in that he neither held by Barony nor had receiv'd or us'd to receive special Writs of Summons to Parliament But 't is observable that the only matter put in issue by the direction of the Court was Whether he held by Barony or no Et quia Barones ante quam ulterius c. Volunt certiorari super superius suggestis Concordatum est quod inquiratur inde quod Robertus de Nottingham Rememerator hujus Scaccarii assignetur ad capiend ’ inde inquis c. Et datus dies prefato Thom. per Attornatum suum pred hic à die Pasche in unum mensem ad audiend reccipiend inde quod Cur. c. There was an Inquisition directed into the several Counties where he had Lands to know how he held them and according as his Tenure appear'd to be was he to receive Judgment upon his Plea and 't is certify'd upon the Inquisitions taken That he held not any Land per Baronium vel partem Baroniae and therefore according to the sense of the whole Court though we find not the Judgment then given non fuit Baro. And yet this man had been call'd to Thirty Parliaments before the time of his Plea and his Son as I take it was call'd to Seven in the life-time of his Father Thomas de Furnivall Sen. Summonitus fuit per breve ad Parl ’ Rot. Claus 23 Ed. 1. m. 9. dorso Rot. Claus 23 Ed. 1. m. 3. d. 24. Ed. 1. m. 7. d 25. m. 25. d. 27. m. 18. d. 28. m. 16 17. d. 28. m. 2 3. d. 30. m. 7. d. 32. m. 2. d. 33. m. 21. d. 34. m. 2. d. 35. m. 13. d. Rot. Claus 1 Ed. 2. m. 19. d. 1. m. 11. d. 1. m. 8. d. 2. m. 11. d. 3. m. 17. d. 3. m. 16. d. 5. m. 17. d. 5. m. 3. d. 6. m. 31. d. 6. m. 17. d. 6. m. 2. d. 7. m. 15. d. 8. m. 25. d. 8. m. 29. d. 9. m. 22. d. 11. m. 14. d. 11. m. 12. d. 11. m. 8. d. Thomas de Furnival Jun. Rot. Claus 12. d. 2. m. 29. d. 12. m. 11. d. 13. m. 13. d. 14. m. 23. d. 15. m. d. 16. m. 26. d. 17. m. 27. d. This Great man was no Baron in the sense of the word Baron then appropriated the several Writs of Summons had made him no Baron and yet he was a Lord of Parliament and since the King dignatus est brevia Summonitionis ad eum dirigere according to Mr. Camden he being before one of the multitude of Barons the word Baro which was applicable to all the Nobility the Free-holders in him pertinebat ad summum honorem Mr. Selden's last objection is this 3. That old Author also used by the Learned Camden speaks of Earls no otherwise than of Barons as if some like exclusion had been of any of them also than which nothing can be more advers to the known truth both of that Age and all times and even in that we have some Character of the slightness of his Authority whosoever he were This I conceive can be of no great weight for he might as well have said that Barons were never excluded before and by the same consequence not then for I know not how any man can prove that Earls had more Right than Barons in the most Honourable acceptation especially But this being then made a Law 't

is not improbable that the disposition of this Honour of receiving particular Writs of Summons to Parliament might have been lodg'd in the breast of the King who is the Fountain of Honour nor is it likely that any Earl but he that justly forfeited the Kings favour would have been denied it however he were deprived of no natural Right Since the 11th of Richard the Second indeed the Nobility have had settled Rights by Patents which are as so many constant Warrants for the Chancellor to issue out the Writs of Summons Ex debito justitiae with this agrees the great Antiquary Sir Henry Spelman Sic antiquae illa Baronum dignitas secessit in titularem arbitrariam regioque tandem diplomate id circo dispensata est Upon the dissolution of the separate Court of Tenants the Tenants still succeeding to that jurisdiction and preference in the way of being call'd to the great Court which they had in and to the less without such a provision as Mr. Camden takes notice of I will grant that the Majores Barones holding in chief ex debito justitiae would have had right to special Summons but the lesser Tenants had the same Right to a general Summons and the Right of being represented as properly concluded the one as the other unless where the King had exerted his Prerogative But where the King ex tantâ multitudine Baronum differing in their circumstances some holding of him immediately others of measn Lords and his very Tenants being divided into two different Classes of Majores and Minores advanc'd some to be of his particular Council in Parliament This with submission I take it made them not Judges in Parliament eonomine because a Court may amerce its own Members but Counts and Barons by Magna Charta are not amerceable but by their Peers and therefore none but their Peers could without their own consent be of the Court with them which though they might be with consent as to all Acts amongst themselves still it would be a question how far they might without particular Patent or Writ creating them to such Honour act in that Station to the prejudice of others That special Summons to Parliament without a Seat there granted and settled by the King gives no man Vote amongst those who now have Right to such Summons appears in that the Judges and Masters in Chancery have had the same Writs with the Lords and yet are and have been but assistants to them no Members of their House The great Tenents in Chief and others in equal Circumstances were Pares to one another and if such an one was chose Knight of a Shire though the Lord Coke says the King could not grant a Writ to Supersede his coming that was so chose because 't was for the good of the Commonwealth yet he being look'd upon as one that ordinarily would be specially Summon'd the King might supersede it and thus we find even before any settled Right by Patent Rex Vicecomiti Surria salutem quia ut accepimus tu Thomam Camoys Chivaler qui Banneretus est sicut quam plures antecessorum suorum extiterint ad essendum Unum militum venientium ad proximum Parliamentū nostrū pro Coōmunitate Comitatus praedicti de assensu ejusdem Comitatus elegisti nos advertentes quod hujusmodi Banneretti ante haec tempora in Milites Comitatus ratione alicujus Parlamenti eligi minimè consueverunt ipsum de officio Militis ad dictum Parlamentum pro communitate Com ’ praedict venturi exonerari volumus c. When Tenants in Chief oreorum Pares werce call'd by special Writ they very properly exercised the same jurisdiction which Tenants did before in their separate Court In the 5th of Richard the Second many having refused attendance and not owning themselves liable to amercements because of absence if Tenure laid not a special obligation upon them comes an Act of Parliament which makes it penal to refuse or rather delares that the Law was so of old All singular Persons and Communalties which from henceforth shall have the Summons of Parliament shall come from henceforth to the Parliament in the manner as they be bounden to do and hath been accustomed within the Realm of England of old times and every Person of the same Realm which from henceforth shall have the said Summons be he Arch-Bishop Bishop Abbot Prior Duke Earl Baron Banneret Knight of the Shire Citizens of City Burgeis of Burgh or other singular Person or Commonalty do absent himself and come not at the said Summons except he may reasonably and honestly excuse himself to our said Sovereign Lord the King he shall be amerced and otherwise punished as of old times hath been used to be done in the said Realm in the said Case This shews that of old time they who were Summon'd by the King or chose by the People ought to come to Parliament but this being before any Patent or Writ of Creation to the Dignity of Peer and to a Seat in Parliament supposes no obligation upon the King to give any special Summons indeed where he had granted Charters of exemptions from common Summons there he had oblig'd himself if he would have them oblig'd by what pass'd to give special Summons were it not that they might have been chose in the Counties particularly which alters the case from what it were if every body came or might come in their own Persons some by special others by general Summon's but this exemption and particular Summon's after it made none Peers that they found not so but they that came were to come as they were Bounden and insuch manner as had been accustomed of old Which is pregnant with a negative as if it were in such manner and no other Manner Quality or Degree and thus they us'd that to come as assistants to the Lords continue even at this day to come in the same manner and no otherwise notwithstanding particular Writs of Summon's eodem modo as to the Lords of Parliament This is further observable that in the forecited Statute and Records Bannerets are spoken of as above Knights of the Shire and these were certainly some of the Pares Baronum which often occur to us If these receiv'd their Summons to Parliament it seems as it had been of old accustomed they were to have Voices with the Barons It may be urg'd That they which held by Barony and their Peers Pares Baronum were by the Law exempted from being of Common Juries because they were Lords of Parliament And therefore they were to come of course and right To which it may be answerered That is a priviledge above the rest of their Fellow Subjects to be own'd by them as being in common intendment likely to be call'd to Parliament and therefore so accounted by the courtesy of England but what do's this signifie to bind the King who is above the reach of an Act of Parliament unless