Selected quad for the lemma: religion_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
religion_n act_n king_n parliament_n 3,024 5 6.5132 4 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A56164 The first part of a brief register, kalendar and survey of the several kinds, forms of all parliamentary vvrits comprising in 3. sections, all writs ... illustrated with choice, usefull annotations ... / by William Prynne ... Prynne, William, 1600-1669. 1659 (1659) Wing P3956; ESTC R33923 314,610 516

There are 2 snippets containing the selected quad. | View lemmatised text

Burgensium levandis mentioned in the Modus tenendi Parlamentum though in no Records before Claus. 28. E. 1. it indeniably appears that this absurd ridiculous Modus so much magnified followed relied upon by Sir Edward Cook in sundry of his Books as a most ancient authentick Record both known and used in Edward the Confessors time For Certain rehearsed before William the Conqueror by the discreet men of the Realm and by him approved and used who kept a Parliament according to its Prescription which the Book of 21. E. 3. f. 60. hee cites to prove it directly contradicts After which King H. the 2. fitted and transcribed this Modus into Ireland in a Parchment Roll for the holding of Parliaments there Which no doubt hee did by the advice of his Iudges c. That this Modus was seen by the makers of Magna Charta Anno 9. H. 3. c. 2. concerning the reducing of ancient Reliefs of intire Earldemos Baronies Knights fees according to such proportions as is contained in the Modus which they could not have done so punctually if they had not seen the same all which hee asserts with so much confidence as if hee had been an eye-witness thereof himself though most gross untruths is in verity a late spurious Imposture written long after the Reign of King Henry the 3. and Edward the 1. himself confessing that some part thereof is cited in he should have said taken out of the Parliament Roll of Anno 11. R. 2. and other Records of Parliament and not compiled before the latter end of King R. the 2. The word Parliamentum being not onely used many hundred times almost in every line throughout this Modus and not the words Concilium or Collequium but likewise intituling and denominating the very Treatise it self which grew not into such Vulgar use till after the Reign of King Henry the 3. under King Edward the 3. and succeeding Kings as appears by Thomas Walsingham Hist Angliae p. 5 8 12 13 17 25 28 32 34 35 36 37 38 40 41 42 44 45 46 70 71 76 77 78 81 82 83 88 96 105 110. Ypodigma Neustriae p. 68 69 71 72 73 82 83 87 88 98. Henry de Knyghton and was totally unknown to and not used by any Lawyers States-men Clerks Writers of our English Annals before the Reign of King Henry the 3. Which I much wonder Sir Edward Cook who writes that after diligent search hee could finde nothing against this Modus and demands Quis vitupera●it and some others of ou Antiquaries observed not being so palpable an Imposture as Mr. Selden Archbishop usher and others have discovered it to be Indeed I found one Roll in the Tower Anno 9. E. 2. stiled Modus Parliamenti which upon its first view I conceited might have some affinity with or at least give some colour to this forged Modus but upon perusal it proved onely a Roll of the Proceedings in the Parliament of 9. E. 2. farre different from this Modus and having no affinity with it yet peradventure the Author of this Imposture borrowed his Title from it Besides the late introduction of the word Parliamentum into England doth likewise discover Sir Edward Cooks other pretended ancient Manuscript of the Monastery of St. Edmonds which hee much cried up yet never would send judicious Sr. Henry Spelman to peruse perchance lest hee should detect its Novelty and Imposture to be of no such Antiquity as hee conceited it to be written in King Cnutes Reign or not long after it but after Henry the 3. his Reign since the words Parliamentum in suo public● Parliamento tunc in eodem Parliamento personaliter existentibus were not grown in use till Edward the 1 2 3. and the whole clause hee prints out of it in his Preface to his 9. Reports prove it to be written under one of these three Kings Reigns if not after them as the Modus was By both which you may easily discern how little insight this great Lawyer had in Histories Antiquities or Records as to be cheated besotted with such Impostures and bottom his Discourses of our Parliaments upon such spurious rotten Foundations as these 3. That no Oath nor Engagement whatsoever was antiently imposed on the Members of the Lords or Commons House to debar or seclude any of them from sitting or voting much less were any of them suspended or forcibly kept out of either House till they had taken any new-invented Oath prescribed them onely by a prevailing party without a Legal Act of Parliament ratified both by the Kings Lords and Commons in an orderly manner such inforced seclusive Oaths being inconsistent both with the Freedome Priviledges Rights of old English Parliaments The Parliament of 1. Eliz. c. 1. upon the abolishing of Popery and restitution of the Protestant Religion having by unanimous consent of the three States made and prescribed an Oath of supremacy for the preservation of the ancient Rights and Royalties of the Crown of England and of the persons of the Queen her heirs and successors against the usurpations claimes practices of the Bishop of Rome and his confederates on all Arch-Bishops Bishops Arch-Deacons Clergy-men and temporal officers By reason of the manifold Plots and Treasons of the Pope and Papists against the Queens person Crown and Realm the Parliament of 5. Eliz. c. 1. thought fit to prescribe this Oath for the better detection of persons popishly affected not onely to all Readers Barresters Graduates in the Universities Schoolmasters Sheriffs and other inferiour Officers but likewise to all future Knights Citizens and Burgesses of Parliament enacting That every person who shall bee hereafter elected or appointed a Knight Citizen Burgess or Baron of the five Ports for any Parliament or Parliaments hereafter to be holden shall from henceforth before hee shall enter into the Parliament House or have any voice there openly receive and pronounce the said Oath before the Lord Steward for the time being or his Deputy or Deputies for that time to be appointed And that hee which shall enter into the Parliament House without taking the said Oath shall be deemed no Knight Citizen Burgess nor Baron for that Parliament nor shall have any voice but shall be to all intents constructions and purposes as if hee had never been returned or elected Knight Citizen Burgess or Baron for the Parliament and shall suffer such pains and penalties as if hee had presumed to sit in the same without Election return or authority Provided that this Act nor any thing therein shall not extend to compel any temporal person of or above the degree of A Baron of the Realm to take or pronounce the Oath abovesaid nor to incur any penalty limited by this Act for not taking or refusing the same This is the first Act ever imposing an Oath upon any Members before their sitting and voting in the Parliament House wherein five things are observable 1.
the Writs of Summons and Prorogation attest 11. That for the most part all Writs of Summons and Prorogation both to the spiritual and temporal Lords Kings Counsil Sheriffs of Counties and Wardens of the Cinque-ports have the self-same Teste date Prologues yet now and then some of them are different in their dates yet very rarely in their recitals That there is frequently a different space of daies and times between the dates of the Writs of Summons and Resummons upon Writs of Prorogation and the daies of the first meeting of the Parliaments and Great Councils to which they are summoned and elected as you may easily discern by comparing them there being sometimes two months space or more sometimes fifty daies but usually forty daies or more according to the Charter of King Iohn between the date of the Writs and daies of appearance in Parliaments and Grand Councils Yet in cases of extream necessity upon sudden unexpected dangers I finde two Parliaments summoned to meet within the space of forty daies as in Claus. 4 E. 3. d. 19. Where there was onely two and thirty daies between the date of the Writ and Parliament which being unusual there is an express clause in the Writs that it should not be drawn into consequence for the future So in 28 Eliz. the Writ bore date the 15th of September and the Parliament was to begin the 15th of October following but thirty daies after All other Writs to my best remembrance these two excepted having at least forty daies between the Teste and daies of appearance that so the Members might have competent time to prepare themselves to repair to Parliaments and Great Councils after their Summons and Elections 12. That in ancient times our Parliaments and Great Councils were more frequently summoned to meet and appear on the Lords Day than on any other day of the week which abuse in succeeding times was reformed and quite discontinued even in times of Popery as well as since the reformation of Religion 13. That our Kings upon extraordinary publick dangers and other occasions may summon Parliaments Great Councils Convocations as often as they think meet That they were anciently summoned once or twice every year at least and some times thrice four or five times in one year according to the ancient Constitution in the. Council at Hereford Anno 673. Can. 7. The Law of King Alfred Rotul Ordinationum 5 E. 2. n. 31. 4 E. 3. c. 14. Rot. Parl. n. 14. 36. E. 3. cap. 10. 50. E. 3. Rot. Parl. n. 181. 1 R. 2. rot Parl. n. 95. 2. R. 2. rot Parl. n. 4. 5. 16 Carol. cap. 1. 14. That the more weighty difficult pressing urgent the occasions and dangers were of summoning Parliaments the more importunate vehement urgent mandatory minatory and compulsary were the expressions mandates clauses in the Writs of Summens for the Lords and Commons personal appearance and attendance without admitting any excuses or procurations and not to depart from them without special licence 15. That when any publick weighty businesses intended to be propounded dispatched in one Parliament or Great Council by reason of other businesses or shortness of time could not be propounded or concluded therein thereupon another Parliament or Council was soon after called to dispatch it the day and place whereof was sometimes appointed in and by the Parliament next preceding before its dissolution 16. That though anciently before the word Parliamentum came in use among our Ancestors Great Councils were the same in substance with Parliaments yet since the summoning of Knights Citizens Bu●gesses and Barons of the Ports to Parliaments and the insertion of Parliamentum into the Writs of Summons and Statutes you may ob●erve some differences between Parliaments and Councils and the Writs of Summons to them which are frequently distinguished in the margin of the Clause Rolls by this different entry Summunitio Parliamenti De veniendo ad Parliamentum c. Summonitio Concllil de veniendo ad Concilium c. The principal differences between them are these 1. That many Bishops Abbots and Nobles are usually omitted in the Summons to Councils which were usually summoned to Parliaments and seldome omitted in the summons to them unless absent in forraign parts 2. That many persons were summoned to Councils which wee never finde summoned to Parliaments 3. That there is no Clause of Praemunientes in the Writs of Summons to Councils issued to Archbishops and Bishops to summon their Chapters Deans Archdeacons and Clergy of their Diocess as there is usually in their Writs of Summons to Parliaments 4. That Writs of Summons to Councils issued to the Lords Great men are seldome accompanied with any Writs of Election for Knights Citizens Burgesses and Barons of Ports issued to Sheriffs or the Warden of the Cinqueports as Writs of Summons to Parliaments are and if any Knights Citizens or Burgesses be summoned to them it is in a different manner and number than when they were summoned to Parliaments 5. Writs of Summons to Parliaments are usually accompanied with Writs of Summons to the Kings Counsils but those to Councils are never attended with such Writs distinct from those issued to the spiritual and temporal Lords as Writs of Summons to Parliaments are Which differences some injudicious Writers and Antiquaries not observing have both confounded those Writs together as one and mistaken one of them frequently for the other 17. That the principal end scope of summoning Parliaments ought to be the common benefit ease profit welfare of the people the execution promotion of publick Justice the Peace and good Government of the Realm the reformation of all publick grievances and oppressions the enacting of wholesome Laws the maintenance of the Great Charters and Liberties of the people and freeing them from all unjust exactions impositions taxes not granted by Parliament nor warranted by Law the necessary defence of the Realm by common consent against forraign enemies and not to exact and impose unnecessary insupportable excessive endless Aids and Taxes on the people 18. That no publick war ought to be undertaken nor no Aids Taxes Imposts Customes or Tallages imposed on or exacted levyed on the people by our Kings or any other but onely by common consent and Grant of the Lords and Commons in a full and free Parliament though it be for the necessary defence of the Kingdome by Land or Sea the defence or regaining of the Lands and Rights of the Crown in forraign parts and that onely in moderate and just proportions granted onely for a short season and leavyed in a legal manner Nor no mens Rights precluded or forejudged in Parliament by any general Act before they bee heard Nor the Clergy taxed by the Lords and Commons but onely by themselves in their convocations 19. That the Writs of Summons to Parliaments enjoyning all the temporal Earls Peers Lords and Barons of the Realm and commanding them upon and in the Love