NO PARLIAMENT Without A KING.  
SInce of these Assemblies few Dieries or exact Journal Books are remaining, and those but of late, and negligently entered, the Acts and Ordinances only reported to posterity are the Rolls.  
This Question (though clear) in general reason and convenience must be wrought out of such incident proofs, as the monument of story and Records by pieces learn us: and to deduce it the clearer down, some essential circumstances of name, time, place, occasion, and person must be in general shortly touched, before the force of particular proofs be laid down.  
This Noble body of the State (now called the Houses of Parliament) is known in several ages by several names.  
Concilia, 
Ex concilliis Reg: Saxon: Cantuar  the Counsels in the eldest times, afterwards, Magnum, Commune & generale Concillium, Curia magna capitalis & curia Regis, sometimes, generale placitum, 
Glanvile▪  and sometimes Synodus, and Synodalia decreta, 
Leges Etheldredi Regis:  although aswell the causes of the Commonwealth as Church were there decided.  
The Name of Parliament (except in the abbots Chapters) was never heard of unto the Reign of King John, 
Ingulphus Croylanden:  and then but rarely.  
At the King's Court those Conventions were usually, 
Regist: Monaster  and the presence, Privy-chamber, and other Rooms convenient for the Kings in former times (as now) then used; for what is the present House of Lords but so at this day, and was before the firing of the Palace at Westminster, about 17. Hen. 8, who then and there resided.  
Improbable it is to believe the King excluded his own presence, and unmannerly it is for guests to bar him their company, who gave to them their entertainment.  
It was at first (as now) Edicto principis, at the King's pleasure, Regist: Elense.  
Towards the end of the Saxon, 
Amnles Mon  and in the first time of the Norman King, it stood in Customegrace, in Easter, Witsuntide, and Christma, fixed, the Bishops, Earls, and Lords (ex more) then assembled, so are the frequent words in all the Annals; 
Lib: de bello:  the Kings of course vested with his Imperial Crown by the Bishop, and the Peers assembling, in Recognition of their obliged faith; 
Regist: Wig▪  present duty, and service, until the unsafe time of King John, (by over potent and popular Lords) gave discountenance to this constant grace of Kings; and than it returned to the uncertain pleasure of the Sovereign summons.  
The causes then (as now of such Assemblies, were provision for the support of the State; 
Mat: Paris:  or men and money, and well ordering of the Church and Commonwealth, and determining of such Causes which ordinary Courts nesciebunt judicare (as Glanvill the grand Judge under Hen. 2. saith) where the Presence of the King was still required, it being otherwise absurd, to make the King assent to the judgement of Parliament, and afford him no part of the consultation.  
The necessities hereof is well and fully deducted unto us in a reverend monument, not fare from that grave man's time, in these words, Rex tenetur omn mido personaliter interest Parliamento, nisi per corporalem aegritudinem detineatur; and then to acquaint the Parliament of such occasion by several Members of either House, Causa est, quod solebat clamour & rumour esse pro absentia Regis, quia res damnosa & periculosa est toti communitati, Parliamento & Regno, cum Rex a Parliamento absens fuerit, nec se absentare debet, nec potest, nisi duntaxat in causâ supradictâ.  
By this appears the desire of the State to have the King's presence in these great Counsels, by express necessity.  
I will now endeavour to lead the practice of it, from the dark and eldest times, to these no less neglected of ours.  
From the year 720, to near 920, during all the Heptarchy, in all the Counsel remaining, composed Ex Episcopis, Abbatibus, Ducibus, Satrapis & omni dignitate Optimatibus Ecclesiasticis & Secularibus personis pro utilitate Ecclesiae & stabilitate Regni pertractatum. Seven of them are Rege praesidente, and but one by deputy; and incongruous it were, and almost nonsense to bar his presence, that is Precedent of such an Assembly.  
The Saxon Monarchy under Alfred, Etheldred, 
Ex Synodis, et Legibus Alfredi, Etheldredi, et Edgari  Edgar in their Synods or placita generalia, went in the same practice and since. Thus Ethelwold appealed Earl Leofrick from the County ad generale placitum before King Etheldred and Edgyra the Queen, against Earl Goda, to Eldred the King at London, Congregatis principibus & sapientibus Angliae.  
In the year 1052, under Edward the Confessor, Statutum est placitum magnum extra Londinum, 
Gesta Ed: Galice.  quod Normani (ex Francorum consuetudine) Parliamentum appellant, where the King and all his Barons appealed, Godwyn for his brother Alrveds death. The Earl denied it, and the King replied thus; My Lords you that are my Liege-men, Earls and Barons of the Land here assembled together, have heard my appeal and his answer, unto you be it left to do right betwixt us.  
At the great Council at Westminster 1072. 
Regist: Cantuar:  in Easter week, the cause of the two Archbishops Lanfrank and Thomas, Ventilata fuit in presentia Regis Gulielm. and after at Windsor, finem accepit in presentia Regis.  
At the same Feast Anno 1081. the usual time of such Assemblies, the King, the Archbishops, Bishops, Abbots, Earls, and chief Nobility of the Kingdom were present, for so are the words of the Record. The cause between Arsast Bishop of Norway and Baldwyn Abbot of Bury, 
Regist: Sanct: Edmundi:  was also argued; Et ventilata publico Rex jubet teneri judicium causis auditis amborum.  
The diligence of his son (the learned Henry the first) in executing of this part of the Kingly function, is commended to posterity by Walter Naps, 
Walter: Map●●  (a learned man trained up, and dear in favour with Hen. the second) in these words: Omnia Regali more decentique moderamine faciebat, neminem volebat egere justitia vel pace; consbituerat autem ad tranquillitatem omnium, ut diebus vocationis, vel in domo magna sub dio copiam sui faceret usque ad horam sextam, (which was till 12. as we now account) secum habens Comites, Barones, Proceres, & vavasores, 
Hen Hunting Malmsbury:  to hear and determine causes, whereby he attained the surname of Leo Justitia in all Stories; and so outwent (an quite quiddance of thestate) his bestprogenitors.  
The next of his name that succeeded, is remembered every where for the debates and disputes he heard in person with Thomas the Archbishop, and others of his part, at the greatest Counsels, both at London, Clarendon, and Northampton, for the redress of the many complaints of the Commons against outrages, and exortions of Clergymen.  
In the year 1057. Die Penticostae, apud S. Edmundum, the same King, (diademate insignitus) with the Bishops, 
Regist: Monast de belle:  abbots, Earles, and Barons of the Kingdom, sat daily himself and heard all the debates concerning the Liberties and Charters of Batteli Abbie: the interlocutory speeches aswell of the King as the Lords, and parties are at full related in a Register of the Church.  
The suit between the Church of Lincoln and S. Alban, 
Regist: Linc:  in praesentia Regis H. Archiepiscoporum, Episcoporum omnium Angliae, & comitatum & Baronum Regni, was at Westminster debated and ended, and had the love of memory and truth been a Protector to the public Records of the State, as the awe of the Clergy censure, was a guard to theirs in tempestuous times, we had not been left to the friendship of Munks diligence for example in this kind.  
At Lincoln the Archbishop, some Bishops, but all the Earls and Barons of the Kingdom, una cum Rege Joanne congregati ad colloquium de concordia Regis Scotiae (saith a Register of that Church.)  
This use under King Hen. 3. needeth no farther proof than the Writ of Summons, than (as some report) framed, expressing both the King's mind and practise.  
It is Nobiscum & prelatis & magnatibus nostris quos vocari fecimus super premisses tractare, & consillium impendere, which word Nobiscum, implieth plainly the King's presence.  
What the succeeding practice was from the 15th year of Edward the fourth, the proper Records of this Inquiry (the Journal Books being lost) I am enforced to draw from out the Rolls of Acts wherein sometimes by chance they are remembered.  
Edw: the second was present in Parliament the fifteenth year of his Reign, at the complaint against the Spencers, and at a second Parliament that year for the repeal of their banishment.  
In the fourth of Edward the third, the KING was present at the Accusation of Roger Mortimer, but not the trial, and the next year in the Treaty of the French Affairs, Rot. Parl. 4. & Rot. P. 5.  
In the sixth year, Intererat Rex in Causa, John S. De Grace, & Gulielm De Lazouch, and the same year. 2. Die Parliamenti, the King was present at the debate about his Voyage into Scotland.  
In the fifteenth year, the King in the Painted-Chamber sitting with the Lords in Consultation, the Archbishop after pardon, prays, that for better clearing himself, he may be tried in full Parliament, which was granted.  
In the seventeenth, in Camera alba (now called the Court of Request) Rex cum magnatibus convenimet & communes super negotiis Regni.  
In the tenth year of Rich: the second, the King departed from the Parliament in some discontent, when after some time; Lords were sent to pray His presence, and to inform His Majesty, that if he forbore his presence amongst them forty days, that then, ex antiquo Statuto, they may return absque domigero Regis, to their several home.  
Henry the fourth begun his first Parliament the first of Novemb. and was the 27th day of the same Month 〈◊〉 debate about the Duke of Britain, the thirtieth day the cause of the Archbishop was before him proposed only.  
The third of November he was at the debate whether the Commons had right of Judicature yea, or no.  
On the tenth he was with the Lords in their consultation about the expedition against the Scots, the Creation of the Duke of Lancaster; and the prohibition of a new Sect from entering this Kingdom; some Ordinances were at this time consulted of concerning the Stapples, and the sentence against Haxey after dispute revoked.  
This KING began bis second Parliament the twentieth of January, and on the ninth of February, was present to make agreement betwixt the Bishop of Norwich and Thomas of Erpingham.  
On the twentieth day of the same Month, he was present at Council for suppressing of the Welsh Rebels; for revocations of stipends, and concerning the Prior's Allens.  
On the twenty six, they advise before the King of the Sestertian Order.  
On the second of March of the Statute of provisions, the Keeper of the privy Seal, and relieving of the two Universities.  
On the ninth of March, the mediate before the King a Reconciliation betwixt the Earl of Rutland and the Lord Fitzwaters.  
He also began a Parliament in his first year, upon the tenth of January, and the eighteenth they advise before the King of guarding of the Seas, and the Welsh Rebellion.  
On the eight of February, the Earl of Northumberland is charged before the King, and in his presence, and by his permission, divers of whom he knew no harm, were removed from the Court.  
The next day at the Petition of the Commons, he took upon Him to reconcile the Earls of Northumberland and Westmoreland: And on the twenty two of Feb: Of Northumberland and Dunbar.  
In a Parliament of the twenty seventh of Hen. 6th. A challenge of Seat in Parliament, betwixt the Earls of Arundel and Devonshire was examined, and appointed by the King with the advice of the Lords.  
In that great Capital Cause of the Duke of Suffolk, 28. H. 6. I find not the King once present at the debate; but the Duke appealing from his trial by Peerage to the King, is brought from out the House of Lords to a private Chamber, where the King (after the Chancellor in gross had declared his offence, and refusal) Himself, (but not in place of Judgement) adjudged his banishment.  
By the Rolls of Edw: the fourth, It appears that he was many days (besides the first to last) in Parliament, and there are entered some Speeches by him uttered; but that of all the rest is most of marke● the report, or then present tells it thus, of the Duke of Florence, and the King: Tristis disceptatio inter duos tantae humanitatis Germannos, Nemo arguit contra Ducem nisi Rex, nemo respondet Regi nisi Dux. Some other testimonies were brought in, with which the Lords were satisfied; And so Formarunt meum sententiam, damnationis, by the mouth of the Duke of Buckingham, (than Steward of England) All which was much distasted by the House of Commons.  
The Reign of Hen. the seventh affords upon the Rolls no one example (the Journal Books being lost) except so much as preserves the passages of eight days, in the 12. of his Reign, in which the King was some days present at debates, and with his own hand, the one and thirtieth day of the Parliament, delivered in a Bill of Trade there read; but had the memorial remained, it is no doubt but he would have been found as frequent in his great Council of Parliament, as he was in the Star-chamber, whereby the Register of that Court appeareth, aswell in debate at private causes, that touch neither life nor member, as those of public care; he every yeear of all his Reign was often present.  
Of Hen. 8. Memory hath not been envious, but if he were not often present, peradventure that may be the cause of the disarder, which the learned Recorder Fleetwood in his preface to the Annals of E. 5. R. 3. Hen. 7.8. Hath observed in the Statutes made in the King's days; for which cause he hath severed their Index from the former, and much lay in the Will of Wolsey, who was over unwilling to let that King see with his own eyes.  
Edward the sixth in respect of his young years may be well excused, but that such was his purpose appears by a memorial of his own hand, who purposing the affairs of Council to several persons, reserved those of greatest weight to his own presence, in these words: These to attend the matters of State, that I will sit with them once a week to hear the debating of things of most importance.  
unfitness by Sex in his two succeeding Sisters to be so frequently present as their former Ancestors, led in the ill occasion of such opinion and practice.  
In consultations of State, and decisions of private plaints, it is clear from all times, the King was not only present to advice and hear, but to determine also.  
In the cases criminal and not of blood, to bar the King a part were to seclude him; but the doubt is allowed in crimes mere Capital; and if in such a case the King sits not, and yet the judgement of the two Houses be lawful, why may they not be lawful in other cases without the King, seeing the King refuseth to join with them?  
The example in the cause of the Duke of Suffolk. 28. H. 6. Where the King gave judgement, was protested against by the Lords.  
That of the Duke of Carence, 6. E. 4. Where the Duke of Buckhingham the high Steward, and the Lords gave judgement, was protested against by the Commons; in both of these the King was sometimes present. But which of these will suit these times I dare not guess.  
However this I dare affirm (as inevitably consequent from these precedent Precedents, so anciently derived unto these present times,) that the King's personal absence from the station of highest power is inconsistent with the power itself, and so long as there is a Triple coordination in that Estate, to wit, of Supreme Judicature there ought to be no personal absence whatsoever, either of Head or Member, especially of the Head, except in case of sickness or the like; for as it is prejudicial to the power itself, and incongrous to the nature thereof, so it is an infringement of a trust committed, and of obnoctious consequence to the Common wealth, for whose good only those powers that are, are ordained of God. Therefore if the unite existence be taken away, with it the essential Triplicity or triple being thereof ceaseth, and those that have thus unnaturally laboured vi & a mis to make this Triplicity at odds by this Capital separation, are murderers of that body whereof He is the Head, which though it be the Receptacle or Cabinet of the senses and vital Spirits, yet the body thus wounded it must needs be in a languishing and expiring condition; so that the Authors of this decollation are the King's executioners and Butchers of the Kingdom, however their fair pretences for King and Parliament carry another face. Now the power of consultation and consent committed to this Judicatury or mixed Monarchy, aswell Head as Members, and the Sword of Justice to the unity thereof, it will follow that a voluntary separation or division there from of one or the other, is unwarrantable either by ancient Precedents or common reason, and the party thus separated cannot retain the unity and mixture of that power, for 'tis impossible that that Unity should move out of its Centure of Triplicity, must remain inseparable (though violated) with them who continue steadfast in that station; what enormities soever accrue upon it or them (which neither can nor are a few) in case of such Division.  
How necessary then the Sovereign's Persons is required in the present Counsels or Assemblies of the state, aswell at consultations as at the conclusions, let the rational man judge, and how healthful to the weale-publicke of the Land, let the bleeding miseries of our present condition tell; Let all therefore who love the good of King or Kingdom, or of themselves or their posterity, daily pray and labour that all instigation in this unhappy division, both of one side and the other may cease; that welcome PEACE may set a period to this division: and that through a blessed Union, both present and succeeding Ages, May behold No Parliament without A KING.  
FINIS.