The pillars of Parliament struck at by the hands of a Cambridge doctor, or, A short view of some of his erroneous positions, destructive to the ancient laws & government of England to which is added the true state of the doctor's error about the Parliament, 49 H.3 / by William Petyt of the Inner-Temple, Esq. ...
         Petyt, William, 1636-1707.
      
       
         
           1681
        
      
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         A54640
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         ESTC R5699
         12581145
         ocm 12581145
         63752
         
           
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             The pillars of Parliament struck at by the hands of a Cambridge doctor, or, A short view of some of his erroneous positions, destructive to the ancient laws & government of England to which is added the true state of the doctor's error about the Parliament, 49 H.3 / by William Petyt of the Inner-Temple, Esq. ...
             Petyt, William, 1636-1707.
          
           [2], 14 p.
           
             Printed for Tho. Simmons ...,
             London :
             1681.
          
           
             Reproduction of original in National Library of Scotland (Advocates').
             Marginal notes.
          
        
      
    
     
       
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         eng
      
       
         
           England and Wales. -- Parliament.
           Great Britain -- Politics and government.
        
      
    
     
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           THE
           PILLARS
           OF
           PARLIAMENT
           Struck
           at
           by
           the
           Hands
           of
           
             A
             Cambridge
             Doctor
          
           ,
           OR
           ,
           A
           SHORT
           VIEW
           Of
           some
           of
           his
           Erroneous
           POSITIONS
           ,
           Destructive
           to
           the
           Ancient
           
             Laws
             &
             Government
          
           OF
           ENGLAND
           .
        
         
           To
           which
           is
           added
           The
           true
           State
           of
           the
           Doctor
           's
           Error
           about
           the
           Parliament
           ,
           49
           H.
           3.
           
        
         
           By
           
             William
             Petyt
          
           ,
           of
           the
           
             Inner
             Temple
          
           ,
           Esq
           ;
        
         
           LONDON
           ,
           Printed
           for
           
             Tho.
             Simmons
          
           ,
           at
           the
           
             Princes
             Arms
          
           in
           Ludgate-Street
           MDCLXXXI
           .
        
      
    
     
       
         
         
         
           THE
           PILLARS
           OF
           Parliament
           STRUCK
           AT
           By
           the
           HAND
           of
           
             A
             Cambridge
             Doctor
          
           ,
           OR
           ,
           A
           SHORT
           VIEW
           Of
           some
           of
           His
           
             Erroneous
             Positions
          
           ,
           &c.
           
        
         
           ABout
           a
           Tear
           and
           a
           half
           since
           ,
           I
           did
           ,
           in
           a
           small
           Treatise
           ,
           assert
           the
           Ancient
           Right
           of
           the
           Commons
           of
           England
           in
           Parliament
           :
           And
           therein
           maintained
           ,
        
         
           
             That
             the
          
           Commons
           of
           England
           ,
           represented
           
           by
           Knights
           ,
           Citizens
           and
           Burgesses
           in
           Parliament
           
           did
           not
           
             begin
             to
             be
             an
             Essential
          
           part
           of
           Parliament
           ,
           Anno
           49
           H.
           3.
           
             by
             Rebellion
          
           .
        
         
           To
           which
           there
           lately
           came
           out
           a
           pretended
           Full
           and
           Clear
           Answer
           :
           wherein
           the
           Author
           thereof
           affirms
           ,
        
         
           
             That
             the
          
           Commons
           of
           England
           ,
           represented
           
           by
           Knights
           ,
           Citizens
           and
           Burgesses
           in
           Parliament
           ,
           were
           not
           introduced
           ,
           nor
           were
           one
           
             of
             the
             three
             Estates
             in
          
           Parliament
           
             before
             the
             49th
             of
          
           H.
           3.
           
        
         
           The
           Dignities
           ,
           Learning
           and
           Fame
           of
           the
           supposed
           Author
           of
           the
           Book
           being
           so
           great
           ,
           it
           is
           but
           fit
           that
           the
           
             Use
             ,
             End
          
           and
           Scope
           thereof
           should
           be
           better
           known
           ,
           and
           understood
           ,
           than
           yet
           it
           is
           .
           In
           order
           whereunto
           I
           have
           ,
           for
           the
           Publick
           Good
           ,
           (
           got
           time
           )
           to
           make
           a
           small
           Abstract
           ,
           or
           Compendium
           ,
           of
           some
           of
           the
           Principles
           which
           the
           Answerer
           hath
           asserted
           and
           laid
           down
           therein
           .
           Which
           are
           these
           following
           .
        
         
           
           
             The
             DOCTOR'
             's
             POSITIONS
             .
          
           
             What
             Interest
             the
             Commons
             of
             England
             had
             in
             the
             Parliaments
             of
             the
             Saxon
             Times
             .
          
           
             
               THere
               are
               no
            
             Commons
             
               to
               be
               found
               in
               the
            
             
             Saxon
             
               Great
               Councils
            
             .
          
           
             Nor
             any
             
               thing
               that
               tends
               towards
               the
            
             Proof
             of
             
             the
             Commons
             
               of
               those
               Times
               ,
               to
               have
               had
               any
            
             Share
             
               of
               making
            
             Laws
             
               in
               those
            
             Councils
             .
          
           
             The
             Commons
             
               as
               at
               this
               Day
            
             known
             ,
             
               not
               to
            
             
             
               be
               found
               amongst
               the
            
             Community
             of
             England
             in
             Old
             Historians
             .
          
        
         
           
             In
             the
             Norman
             Times
             .
          
           
             THat
             William
             the
             Conqueror
             
               claimed
               by
            
             
             the
             Sword
             ,
             
               and
               made
               an
            
             Absolute
             Conquest
             .
          
           
             
               For
               ,
               without
            
             doubt
             ,
             
               there
               was
            
             no
             English-Men
             
             
               in
               the
            
             Common
             -
             
               Council
               of
               the
            
             whole
             Kingdom
             .
          
           
             
               For
               the
            
             English
             
               had
               neither
            
             Estates
             nor
             Fortunes
             
             
               left
               ;
               and
               therefore
               it
               could
               be
            
             no
             
               great
               matter
               to
            
             them
             ,
             
               by
               what
            
             Law
             ,
             Right
             or
             Propriety
             
               other
               Men
               held
               their
               Estates
            
             .
          
           
           
             William
             the
             Conqueror
             divided
             all
             
               the
               Lands
            
             
             in
             England
             
               amongst
               his
               great
            
             Followers
             ,
             
               to
               hold
               of
               him
            
             .
          
           
             The
             Free-men
             of
             England
             ,
             being
             French
             ,
             Flemings
             ,
             Anjovins
             ,
             Britains
             ,
             Poictovins
             ,
             and
             
             People
             
               of
               other
            
             Nations
             ,
             
               who
               came
               in
               with
               the
            
             Conqueror
             ,
             
               and
               to
               whom
               his
            
             Magna
             Charta
             
               was
               made
               ;
               not
               to
            
             English-men
             .
          
           
             
               These
               were
               the
               Men
               the
               only
            
             Legal
             
               Men
               that
               named
               ,
               and
               chose
            
             Juries
             ,
             and
             served
             on
             Juries
             themselves
             ,
             
             
               both
               in
               the
            
             County
             and
             Hundred
             
               Courts
               ,
               and
            
             dispatched
             
               all
               Country
               business
               under
               the
            
             Great
             Officers
             .
          
           
             
               If
               therefore
               the
            
             Justiciaries
             ,
             Chancellors
             ,
             Earls
             ,
             Sheriffs
             ,
             Lords
             of
             Mannors
             ,
             
               such
               as
            
             hear'd
             
               Causes
               ,
               and
               gave
               Judgment
               ,
               were
            
             Normans
             ;
             
               if
               the
               Lawyers
               and
               Pleaders
               were
               also
            
             Normans
             ,
             
               the
               Pleadings
               and
               Judgments
               in
               their
               several
               Courts
               must
               of
               necessity
               have
               been
               in
               that
               Language
               ,
               and
               the
               Law
               also
               the
               Norman-Law
               ;
               otherwise
            
             they
             
               had
               said
               and
            
             done
             they
             knew
             
               not
               what
               ,
               and
            
             judged
             
               they
               knew
            
             not
             
               how
               :
               especially
               when
               the
               Controversies
               were
               determined
               by
               Military-men
               ,
               Earls
               ,
               Sheriffs
               ,
               Lords
               of
               Mannors
               ,
            
             &c.
             
               that
               understood
               not
               the
            
             English
             Tongue
             or
             Law
             :
             
               Or
               when
               the
               Chief
               Justiciary
               himself
               was
               a
               Military-Man
               ,
               as
               ,
               it
               often
               happened
               ,
               and
               understood
               only
               the
               Norman
               Language
               ;
               and
               't
               is
            
             hardly
             to
             
               be
               believed
               ,
               these
               Men
               would
               give
               themselves
               the
            
             trouble
             of
             learning
             and
             understanding
             
               the
               English-Law
               and
               Language
            
             .
             
          
           
             
               These
               were
               the
               Free-men
               which
               made
               such
               a
               Cry
               ,
               for
               their
            
             Liberties
             
               (
               as
               appears
               by
            
             Magna
             
             Charta
             )
             
               most
               of
               which
               is
               only
               an
            
             Abatement
             
               of
               the
            
             Rigour
             ,
             
               and
               a
            
             Relaxation
             
               of
               the
            
             Feudal
             Tenures
             ;
             
             
               the
               rest
               were
               but
               only
            
             Followers
             ,
             
               and
               helped
               to
            
             augment
             the
             Noise
             ;
             
               they
               were
               no
            
             Law-makers
             ,
             
               as
               this
               Gentleman
            
             (
             meaning
             me
             )
             fondly
             
               imagines
               .
               For
               it
               is
               not
               probable
               that
               those
               Men
               that
               had
               the
               force
               of
               the
               Nation
               ,
               would
               permit
               Men
               of
            
             Small
             Reputation
             
               to
               share
               with
               them
               in
            
             Law-making
             .
             
               Those
               that
               had
               the
               Power
               of
               this
               and
               other
               Nations
            
             De
             Facto
             ,
             
               always
               did
               give
               Laws
               ,
               and
               Tax
               the
               People
               .
            
          
           
             After
             Symon
             Montford
             
               Earl
               of
            
             Leicester
             
               and
               the
               Numerous
               Barons
               had
               taken
            
             Hen.
             3.
             
               and
               Prince
            
             Edward
             
               Prisoners
               at
               the
               Battel
               of
            
             Lewes
             ,
             
               and
               a
            
             New
             
               Government
               was
               framed
               and
               set
               up
               ,
               they
            
             (
             Anno
             49
             H.
             3.
             )
             
               sent
               out
            
             Writs
             
               in
               the
            
             King
             '
             
               s
               Name
               unto
               divers
            
             Bishops
             ,
             Abbots
             and
             Priors
             ,
             
               and
               to
               such
               of
               the
            
             Noble-men
             
               as
               were
               of
               their
               own
               Party
               ;
               to
               the
            
             Sheriffs
             of
             Counties
             ,
             Cities
             ,
             Burroughs
             ,
             
               and
               the
            
             Cinque-Ports
             .
          
           
             a
             
               And
               without
               doubt
               ,
               as
               others
               have
               Conjectured
               before
            
             Me
             ,
             
               the
               danger
               that
            
             Symon
             
               and
               his
            
             Privado's
             
               apprehended
               from
               the
            
             Concourse
             
               of
               the
            
             Nobility
             
               and
               their
               great
            
             Retinues
             ,
             
               and
               the
               Example
               of
               his
               and
               the
            
             Barons
             
               Practices
               at
            
             Oxford
             ,
             
               was
               the
               reason
               why
               they
            
             (
             Anno
             49
             H.
             3.
             )
             
               altered
               the
            
             Ancient
             Usage
             ,
             
               and
               of
               their
            
             Sending
             ,
             Directing
             ,
             
               and
               in
               the
            
             King
             '
             
               s
               Name
            
             Commanding
             the
             Sheriffs
             
               of
               each
            
             County
             ,
             the
             Cities
             and
             Burroughs
             ,
             
               to
               send
               Two
            
             Knights
             ,
             Citizens
             and
             Burgesses
             respectively
             .
          
           
             b
             
               Hence
               he
            
             affirms
             ,
          
           
           
             
               That
               the
            
             Commons
             of
             England
             ,
             represented
             
             by
             Knights
             ,
             Citizens
             and
             Burgesses
             in
             Parliament
             ,
             
               were
               not
               introduced
               ,
               nor
               were
               one
               of
               the
            
             Three
             Estates
             in
             Parliament
             
               before
               the
               49th
               .
               of
               H.
            
             3.
             
          
           
             
               For
               the
            
             Commons
             
               were
               not
            
             comprehended
             in
             
             the
             Common
             University
             .
          
           
             
               For
               the
            
             Noble-men
             of
             England
             ,
             and
             Council
             
             
               of
               the
            
             Baronage
             
               were
               the
            
             Community
             of
             England
             .
          
           
             
               Barones
               Regni
               called
               to
            
             Parliament
             
               at
               the
            
             
             
               King's
               Pleasure
            
             .
          
           
             
               And
               what
            
             King
             Henry
             ,
             
               a
               little
               before
               his
            
             
             Death
             ,
             
               begun
               ;
               that
               is
               ,
               to
            
             call
             such
             Earls
             and
             Barons
             ,
             
               Quos
               Dignatus
               est
               ,
               such
               as
               he
               pleased
               ,
            
             Edward
             
               the
               First
               and
               his
            
             Successors
             
               constantly
               observed
            
             .
          
           
             
               Having
               had
               one
               great
               Antiquary's
               Opinion
               ,
               (
               meaning
               Mr.
            
             Camden
             '
             
               s
               )
               joyned
               with
               Matter
               of
            
             
             
               Fact
               ,
               upon
               the
               Constitution
               of
               the
               House
               of
            
             Lords
             .
          
           
             
               Let
               us
               see
               the
            
             Opinion
             
               of
               another
               concerning
               the
            
             Origin
             
               of
               the
            
             House
             of
             Commons
             ,
             
               back'd
               also
               by
               Matter
               of
               Fact.
               Sir
            
             Robert
             Cotton
             
               says
               ,
               the
            
             Victory
             at
             Evesham
             ,
             
               and
               the
               dear
            
             Experience
             Henry
             
               the
               Third
               himself
               had
               made
               at
            
             Oxford
             
               in
               the
               42d
               .
               Year
               of
               his
               Reign
               ,
               and
               the
               memory
               of
               the
               many
            
             Streights
             his
             Father
             
               was
               driven
               to
               ,
               especially
               at
            
             Runnemede
             ,
             near
             Stanes
             ,
             
               brought
               this
            
             King
             
               wisely
               to
            
             †
             
               begin
               what
               his
            
             Successors
             
             fortunately
             finished
             ,
             
               in
               lessening
               the
               Strength
               and
               Power
               of
               his
            
             Great
             Lords
             .
             
               And
               this
               was
               wrought
               by
               searching
               into
               the
            
             Regality
             
               they
               had
            
             usurped
             
               over
               their
               peculiar
            
             Soveraigns
             ,
             
               and
               by
               weakening
               that
            
             Hand
             of
             Power
             
               which
               they
               carried
               in
            
             Parliaments
             
             
               by
               commanding
               the
               Services
               of
               many
               Knights
               ,
               Citizens
               and
               Burgesses
               to
               that
               great
               Council
               .
            
          
           
             
               These
               were
               the
            
             Reasons
             
               why
               those
            
             Kings
             followed
             Montfort
             's
             pattern
             ,
             
             
               to
               secure
               themselves
               against
               the
            
             Tumultuous
             ,
             Insolent
             and
             Seditious
             Practices
             
               of
               the
            
             Barons
             .
          
           
             
               And
               ,
               as
               according
               to
               the
            
             Opinions
             
               of
               these
               great
               Antiquaries
               ,
               these
               new
            
             Constitutions
             of
             Parliament
             
               had
               their
            
             
             Origin
             
               from
               the
            
             King
             's
             Authority
             ;
             
               so
               from
               the
               same
               Authority
               and
               Time
               it
               was
               ,
               that
               this
               most
            
             excellent
             Great
             Council
             
               received
               its
            
             Perfection
             ,
             
             
               and
               became
               exactly
            
             fitted
             
               for
               the
            
             Government
             
               of
               these
            
             Nations
             ,
             
               as
               it
               seems
               to
               be
               very
            
             evident
             
               from
               these
               following
            
             Records
             .
          
           
             And
             then
             the
             Doctor
             prints
             several
             
             Writs
             in
             the
             Reigns
             of
             
               E.
               1.
               
               E.
            
             2.
             and
             E.
             3.
             for
             summoning
             sometimes
             one
             ,
             sometimes
             more
             Knights
             ,
             Citizens
             and
             Burgesses
             to
             such
             
               Great
               Councils
            
             as
             had
             no
             power
             to
             make
             Laws
             ,
             but
             were
             only
             called
             upon
             the
             suddain
             ,
             to
             give
             Advice
             and
             Counsel
             .
             Yet
             the
             Doctor
             would
             have
             these
             to
             be
             Parliaments
             ,
             (
             a
             plain
             ,
             if
             not
             a
             
               designed
               Error
            
             )
             with
             several
             
               dangerous
               Notes
            
             or
             Inferences
             
             in
             the
             Margin
             ,
             as
             the
             Reader
             may
             
               observe
               ,
               pag.
            
             230
             ,
             231
             ,
             232
             ,
             233
             ,
             242
             ,
             243
             ,
             246
             ,
             248
             ,
             249.
             
          
           
             The
             King
             
               and
               his
            
             Council
             
               judges
               whether
               and
            
             
             
               when
               Burgesses
            
             ought
             
               to
               come
               to
            
             Parliaments
             .
          
           
             The
             Great
             Charter
             ,
             
               commonly
               attributed
               to
            
             Hen.
             3.
             
               and
               styled
               his
            
             
             Charter
             ,
             was
             properly
             
               the
               Charter
               of
            
             E.
             1.
             or
             perhaps
             
               rather
               his
               Explication
               or
               Enlargement
               of
               that
               Charter
               of
               King
            
             John
             and
             H.
             3.
             
          
           
             
               For
               we
               find
               not
               the
               Great
               Charter
               ,
               either
               of
               that
               ,
               or
               King
            
             John's
             
               Form
               ,
               in
               any
               of
               the
               Rolls
               ,
               until
               the
               25th
               of
            
             E.
             1.
             
             
               And
               he
               had
               a
               greater
               sum
               of
               Money
               for
               confirming
               this
               Charter
               than
            
             H.
             3.
             
               had
               ,
               as
               't
               is
               recorded
               in
               the
            
             Summons
             to
             Parliament
             
               for
               that
               purpose
            
             .
          
           
             
               In
               this
            
             Charter
             
               then
               confirmed
               ,
               there
               is
               no
            
             provision
             
             
               made
               for
               any
            
             Summons
             to
             Great
             Councils
             ,
             or
             Parliaments
             :
             
               And
               the
               Reason
               may
               well
               be
               ,
               because
               the
            
             Constitution
             
             of
             Great
             Councils
             or
             Parliaments
             
               was
               lately
               changed
               from
               what
               it
               was
               in
            
             King
             John
             '
             
               s
               time
               ,
               and
               until
               the
               49th
               of
            
             H.
             3.
             nor
             perhaps
             
               was
               it
               so
            
             fixed
             ,
             
               and
               peremptorily
            
             resolved
             
               on
               at
               this
               time
            
             (
             viz.
             25
             E.
             1.
             )
             
               what
               it
               should
            
             exactly
             
               be
               for
               the
            
             future
             ,
             
               as
               to
               have
               it
               made
               an
            
             Article
             
               of
               the
            
             Charter
             :
             
               And
               to
               this
               Conjecture
            
             ,
             
             
               the
               frequent
            
             Variations
             of
             Summons
             to
             
             Parliament
             in
             those
             
               times
               do
               give
               a
            
             probable
             Confirmation
             .
          
           
             
               Thus
               far
               our
               Doctor
            
             .
          
           
             
               Nullus
               Erranti
               Terminus
            
             .
          
           
             But
             I
             will
             not
             say
             with
             him
             ,
             that
             here
             are
             any
             
               Aery
               Ambuscades
               ,
               Whimseys
               ,
               Marvellous
               Nonsence
               ,
               Gross
               Ignorance
            
             of
             Histories
             and
             
               Records
               ,
               admirable
            
             and
             
               idle
               fancies
            
             ,
             and
             a
             Troop
             more
             of
             such
             gentile
             Expressions
             ,
             which
             our
             Answerer
             hath
             been
             pleased
             to
             give
             that
             ingenious
             Gentleman
             ,
             Mr.
             Atwood
             of
             Grays-Inn
             ,
             and
             my self
             .
             
               All
               strong
            
             
             Arguments
             and
             high
             Civilities
             ,
             scarce
             well
             becoming
             the
             Doctor
             in
             all
             his
             
               eminent
               Qualifications
            
             .
          
           
             But
             to
             come
             to
          
        
      
       
         
           The
           True
           State
           of
           the
           Doctor
           and
           his
           Author's
           Error
           about
           the
           Parliament
           ,
           49
           H.
           3.
           
        
         
           AFter
           
             Matthew
             Paris
          
           ,
           and
           Rishanger
           his
           Continuer
           ,
           had
           given
           them
           an
           Account
           of
           the
           Wars
           between
           H.
           3.
           and
           his
           great
           Barons
           ;
           and
           that
           at
           the
           Battel
           at
           
             Lewes
             ,
             Anno
          
           48.
           of
           that
           King
           ,
           he
           and
           Prince
           Edward
           were
           taken
           Prisoners
           by
           
             Symon
             Montfort
             ,
             Earl
          
           of
           
             Leicester
             (
             General
          
           for
           the
           Barons
           )
           In
           the
           Year
           
           following
           ,
           which
           was
           49
           
             H.
             3.
             they
          
           meet
           with
           
           a
           Schedule
           affixed
           to
           the
           close
           Roll
           ;
           wherein
           there
           are
           Writs
           of
           Summons
           entred
           for
           calling
           Two
           Knights
           for
           each
           County
           ;
           Two
           Citizens
           ,
           Two
           Burgesses
           for
           every
           City
           and
           Borough
           ,
           and
           Two
           Barons
           for
           every
           of
           the
           Cinque-Ports
           ,
           to
           meet
           in
           a
           Parliament
           at
           London
           in
           the
           Octaves
           of
           St
           Hillary
           .
           What
           to
           do
           ?
        
         
           
             Nobiscum
             ac
             cum
             proedictis
             Prelatis
             ,
             &
             magnatibus
          
           
           
             nostris
             ,
             quos
             ibidem
             vocari
             fecimus
             super
             proemissis
             tractaturi
             ,
             atque
             Consilium
             impensuri
             .
             To
          
           treat
           
             with
             him
             the
             said
          
           King
           ,
           
             and
             with
             the
          
           Prelates
           and
           Great
           
             Men
             of
             the
          
           Land
           ,
           touching
           the
           Premisses
           ,
           
             and
             to
          
           give
           their
           Advice
           .
        
         
           Now
           because
           this
           Writ
           of
           Summons
           falls
           ,
           as
           the
           Doctor
           saith
           ,
           in
           the
           Nick
           of
           time
           with
           the
           Historian
           ,
           when
           the
           King
           and
           Prince
           were
           in
           custody
           of
           
             Symon
             Montfort
             ,
             He
          
           and
           his
           Author
           
           will
           needs
           thereupon
           nick
           the
           House
           of
           Commons
           ;
           and
           have
           this
           Summons
           to
           be
           the
           very
           First
           and
           Original
           Writ
           of
           Summons
           to
           Parliament
           ,
           that
           ever
           was
           of
           this
           nature
           ,
           that
           in
           this
           Critical
           Tear
           ,
           at
           this
           very
           time
           ,
           there
           began
           a
           wonderful
           Change
           ,
           and
           a
           marvellous
           Alteration
           of
           the
           ancient
           Form
           of
           our
           
             English
             Parliaments
          
           ;
           and
           that
           before
           the
           Commons
           were
           never
           any
           part
           thereof
           ;
           but
           then
           had
           their
           Origine
           and
           Beginning
           to
           be
           so
           by
           this
           Rebellion
           .
        
         
           When
           as
           ,
        
         
           1.
           
           If
           that
           Roll
           had
           been
           lost
           ,
           as
           all
           the
           Parliament
           .
           Rolls
           of
           those
           times
           are
           ,
           it
           cannot
           appear
           that
           there
           were
           any
           Summons
           to
           Parliament
           ,
           
           either
           to
           the
           
             Lords
             Spiritual
          
           ,
           or
           Temporal
           ,
           
           or
           Commons
           ,
           till
           22
           and
           23
           E.
           1.
           thirty
           Years
           after
           49
           H.
           3.
           though
           it
           is
           evident
           and
           certain
           ,
           both
           from
           the
           printed
           Books
           and
           Records
           ,
           there
           were
           above
           
             fourteen
             Parliaments
          
           in
           the
           interim
           .
           And
           our
           Doctor
           himself
           and
           his
           Author
           agree
           ,
           that
           both
           Lords
           and
           Commons
           were
           present
           and
           Parties
           in
           the
           Parliament
           ,
           
             Anno
             52
             H.
          
           3.
           at
           Marlborough
           ,
           three
           Years
           after
           49
           H.
           3.
           and
           also
           in
           the
           third
           Year
           of
           E.
           1.
           (
           which
           was
           eleven
           Years
           after
           49
           H.
           3.
           )
           at
           a
           Parliament
           at
           Westminster
           ,
           though
           there
           are
           no
           Writs
           of
           Summons
           ,
           either
           of
           the
           Lords
           or
           Commons
           ,
           nor
           any
           Rolls
           yet
           found
           out
           of
           those
           Parliaments
           .
        
         
           2.
           
           Neither
           do
           their
           own
           Historians
           whom
           
           they
           make
           use
           of
           ,
           nor
           
             Matthew
             Westminster
          
           ,
           whom
           the
           Doctor
           cites
           too
           ,
           who
           writ
           in
           the
           Reign
           of
           E.
           1.
           
           Son
           to
           H.
           3.
           and
           who
           particularly
           gives
           an
           Account
           also
           of
           those
           Wars
           ,
           nor
           any
           Historiographer
           or
           Lawyer
           ,
           nor
           any
           Record
           of
           that
           or
           succeeding
           Ages
           ,
           ever
           mention
           
             one
             Word
          
           of
           any
           such
           Change
           or
           Revolution
           in
           49
           H.
           3.
           as
           our
           Doctor
           ,
           and
           his
           single
           Author
           by
           tacking
           
           and
           patching
           their
           Historian
           and
           Writs
           together
           ,
           have
           inferred
           and
           maintained
           in
           their
           Books
           .
           Besides
           the
           Form
           of
           Acts
           of
           Parliament
           ,
           and
           Expressions
           both
           in
           Historians
           and
           Records
           ,
           are
           the
           same
           both
           before
           and
           after
           49
           H.
           3.
           and
           in
           the
           Reigns
           of
           
             E.
             1.
             
             E.
          
           2.
           and
           E.
           3.
           
        
         
         
           Notwithstanding
           all
           which
           ,
           and
           
           that
           the
           Doctor
           well
           knew
           that
           the
           Citizens
           and
           Burgesses
           were
           a
           Constituent
           Part
           of
           the
           Parliament
           in
           
             Ireland
             ,
             Anno
             38
             H.
          
           3.
           which
           was
           eleven
           Years
           before
           49
           H.
           3.
           as
           I
           proved
           in
           my
           Book
           ,
           p.
           71.
           
           And
           also
           by
           way
           of
           Comparison
           ,
           p.
           79.
           
           That
           the
           
             Cities
             ,
             Great
             Towns
          
           and
           Burroughs
           ,
           1.
           
           Of
           
             France
             .
             2.
             
             Spain
             .
             3.
             
             Portugal
             .
             4.
             
             Denmark
             .
             5.
             
             Sweden
             .
          
           And
           6.
           
           Scotland
           ,
           have
           from
           time
           immemorable
           ,
           both
           
             de
             jure
          
           and
           
             de
             facto
          
           ,
           had
           their
           Delegates
           or
           Representatives
           in
           the
           General
           Councils
           ,
           or
           ,
           in
           our
           present
           Dialect
           ,
           Parliaments
           .
           So
           that
           it
           might
           seem
           very
           strange
           ,
           
           that
           when
           the
           Cities
           and
           Burroughs
           in
           all
           the
           Kingdoms
           of
           Europe
           ,
           were
           
             ab
             antiquis
             temporibus
          
           ,
           even
           in
           the
           time
           coeval
           with
           their
           Government
           ,
           an
           essential
           part
           of
           their
           Common-Councils
           ,
           or
           Parliaments
           ;
           that
           England
           ,
           of
           all
           the
           European
           World
           ,
           should
           not
           be
           under
           the
           same
           Constitution
           before
           49
           H.
           3.
           
        
         
           Yet
           the
           Doctor
           and
           his
           Author
           by
           all
           their
           Art
           and
           Skill
           have
           toiled
           and
           laboured
           to
           swim
           against
           the
           Stream
           of
           so
           great
           a
           Torrent
           of
           Reasons
           and
           Testimonies
           .
        
         
           To
           which
           ,
           in
           convenient
           time
           ,
           shall
           be
           added
           many
           more
           Authorities
           ,
           which
           are
           first
           to
           be
           carefully
           examined
           ,
           and
           cannot
           be
           done
           in
           so
           short
           a
           time
           ,
           together
           with
           a
           Civil
           and
           
           
             Moderate
             Reply
          
           to
           the
           Doctor
           's
           Answer
           ;
           as
           well
           on
           the
           one
           hand
           to
           acquit
           my self
           from
           the
           
             real
             Passion
          
           of
           our
           Doctor
           ,
           to
           say
           no
           worse
           ,
           though
           common
           Prudence
           might
           have
           obliged
           him
           to
           more
           sober
           Considerations
           ;
           as
           on
           the
           other
           ,
           to
           vindicate
           and
           assert
           the
           Honour
           of
           our
           
             English
             Nation
          
           and
           Parliaments
           ,
           against
           his
           and
           his
           Author
           's
           ill
           grounded
           Notions
           .
           Which
           ,
           is
           true
           ,
           I
           must
           agree
           that
           the
           General
           Understanding
           and
           Judgment
           ,
           as
           well
           of
           the
           Kings
           of
           England
           ,
           as
           of
           the
           
             whole
             English
             Nation
          
           ,
           and
           all
           Foreign
           Writers
           for
           so
           many
           Centuries
           of
           Years
           ,
           have
           been
           marvellously
           abused
           and
           imposed
           upon
           ,
           especially
           
             King
             James
          
           and
           His
           late
           Majesty
           :
           Who
           tell
           us
           ,
        
         
           1.
           
           That
           not
           only
           the
           
             Regal
             Authority
          
           ,
           but
           
           the
           
           People's
           Security
           of
           
             Lands
             ,
             Livings
          
           and
           Privileges
           were
           preserved
           and
           maintained
           by
           the
           
             Ancient
             Fundamental
             Laws
             ,
             Privileges
          
           and
           Customs
           of
           this
           Realm
           :
           and
           that
           by
           the
           abolishing
           or
           altering
           of
           them
           ,
           it
           was
           impossible
           but
           that
           present
           Confusion
           will
           fall
           upon
           the
           whole
           State
           and
           Frame
           of
           this
           Kingdom
           .
        
         
           2.
           
           The
           Law
           is
           the
           Inheritance
           of
           every
           Subject
           ,
           
           and
           the
           only
           Security
           he
           can
           have
           for
           his
           Life
           or
           Estate
           ;
           and
           the
           which
           being
           neglected
           or
           disesteemed
           (
           under
           what
           specious
           shew
           soever
           )
           a
           great
           measure
           of
           Infelicity
           ,
           if
           not
           an
           irreparable
           Confusion
           ,
           must
           without
           doubt
           fall
           upon
           them
           .
        
         
           Lastly
           ,
           I
           will
           for
           the
           present
           give
           but
           five
           or
           six
           Jnstances
           ,
           that
           the
           Commons
           of
           England
           ,
           as
           now
           distinguished
           from
           the
           great
           Lords
           ,
           were
           an
           
             Essential
             Part
          
           of
           the
           
             General
             Councils
          
           or
           Parliaments
           before
           49
           H.
           3.
           
        
         
         
           1.
           
           Bracton
           ,
           a
           Grave
           and
           Learned
           Judge
           ,
           who
           flourished
           in
           the
           time
           
           of
           H.
           3.
           and
           an
           Author
           beyond
           the
           
           Answerer's
           Exception
           ,
           after
           he
           had
           declared
           to
           Posterity
           that
           he
           had
           bent
           his
           mind
           
             ad
             vetera
             Judicia
             perscrutanda
             diligenter
             ,
             non
             sine
             vigiliis
             &
             labore
          
           ;
           and
           whatsoever
           he
           found
           
             Nota
             dignum
          
           ,
           he
           reduced
           
             In
             unam
             summam
             perpetuoe
             memoriae
             commendandam
             :
          
           declares
           the
           Rule
           ,
           how
           Laws
           were
           made
           ,
           not
           in
           his
           own
           only
           ,
           but
           in
           
             Ages
             before
          
           .
        
         
           
             Cum
             Legis
             vigorem
             habeat
             ,
             quicquid
             de
             Consilio
             &
             de
             Consensu
          
           
           
             Magnatum
             &
             Reipublicae
             communi
             spontione
             ,
             Authoritate
             Regis
             sive
             principis
             precedente
             juste
             fuerit
             difinitum
             &
             approbatum
             .
          
        
         
           
             That
             that
             hath
             the
          
           Force
           and
           Power
           
             of
             a
             Law
             ,
             which
             shall
             be
          
           justly
           
             declared
             and
             approved
             of
             by
             the
          
           Council
           and
           Consent
           
             of
             the
          
           Great
           
             Men
             ,
             and
             by
             the
             General
             Agreement
             of
             the
             Commonwealth
             ,
             the
             Authority
             of
             the
             King
             preceding
             .
          
        
         
           2.
           
           The
           Statute
           of
           
             Magna
             Charta
          
           was
           made
           and
           confirmed
           in
           
           
             Parliament
             ,
             9
             H.
          
           3.
           (
           which
           was
           thirty
           nine
           Years
           before
           49
           H.
           3.
           )
           as
           is
           evident
           by
           these
           Authorities
           ,
           which
           say
           that
           It
           was
           made
           .
        
         
           
             1.
             
             De
             Communi
             Concilio
             Regni
             .
             
          
           
             2.
             
             Per
             Comune
             assent
             de
             tut
             le
             Roiaume
             ,
             en
             temps
             le
             Rey
             Henry
             nostre
             Pere.
             
          
           
             3.
             
             Per
             Le
             Roy
             ,
             Piers
             
               &
               Commune
            
             de
             la
             Terre
             .
             
          
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A54640-e170
           
             My
             Discourse
             .
             pag.
             1.
             
          
           
             Pag.
             1.
             
          
           
             Pag.
             20.
             in
             the
             Margin
             .
          
           
             Pag.
             13
             ,
             14.
             
          
           
             Pag.
             130.
             in
             the
             Margin
             .
          
           
             Pag.
             35.
             in
             the
             Margin
             .
          
           
             Pag.
             37.
             
          
           
             Pag.
             43.
             
          
           
             Pag.
             176.
             
          
           
             Pag.
             35
             ,
             37
             ,
             38.
             
          
           
             Pag.
             39.
             
             Nota.
             When
             be
             agrees
             they
             understood
             not
             a
             word
             of
             English
             Law
             or
             Language
             .
             Pag.
             30.
             
             Nota.
             As
             this
             is
             precarious
             ,
             so
             it
             is
             certainly
             false
             and
             impracticable
             ,
             and
             directly
             against
             
             Domes-day-Book
             ,
             and
             the
             Evidence
             and
             Testimony
             of
             the
             Historians
             and
             Laws
             of
             that
             very
             time
             .
          
           
             Gloss.
             pag.
             27.
             
             Nota.
             Let
             him
             prove
             it
             to
             save
             his
             Credit
             .
          
           
             Nota.
             
               Why
               then
               may
               not
               the
               like
            
             Reason
             
               hold
               against
               the
            
             Introduction
             
               of
               the
            
             Commons
             
               to
               be
            
             first
             
               a
               part
               of
            
             Parliament
             
               by
               the
            
             Victorious
             and
             Numerous
             Barons
             after
             
               the
               Battel
               of
            
             Lewes
             ,
             Anno
             49
             H.
             3.
             
             Pag.
             210.
             
             They
             send
             out
             Writs
             in
             the
             King's
             Name
             to
             summon
             a
             Parliament
             .
          
           
             a
             P.
             224.
             
             Dugd.
             Baron
             ,
             
               fol
               75●
               .
               col
            
             .
             2.
             
             The
             probable
             cause
             that
             moved
             Montfort
             to
             summon
             this
             Convention
             .
             Nota.
             
               How
               could
               that
               be
               ,
               when
               the
            
             Numerous
             
               Barons
               (
               as
               they
               say
               )
               had
            
             all
             
               things
               in
               their
            
             Power
             .
          
           
             b
             
               Nota.
               Here
            
             we
             have
             the
             Original
             ,
             and
             all
             the
             Authorities
             and
             Proofs
             that
             the
             Commons
             (
             as
             they
             would
             have
             it
             )
             began
             by
             
               Rebellion
               ,
               49
               H.
               3.
               
               Nota
               .
            
             For
             no
             Man
             ever
             dream'd
             of
             such
             an
             Origine
             before
             the
             Doctor
             and
             his
             Author
             only
             .
          
           
             Pag.
             1.
             
          
           
             Pag.
             163.
             in
             the
             Margin
             .
          
           
             Pag.
             165.
             
          
           
             Pag.
             227.
             in
             the
             Margin
             .
          
           
             Pag.
             228.
             
          
           
             Nota.
             The
             Original
             Author
             of
             this
             Fictitious
             Change
             is
             quoted
             by
             Camden
             ,
             followed
             by
             Sir.
             
               Robert
               Cotton
            
             ;
             but
             slighted
             ,
             bafled
             ,
             and
             proved
             evidently
             false
             by
             Mr.
             Selden
             in
             his
             
               Titles
               of
               Honour
               ,
               f.
            
             589.
             590.
             and
             contrary
             to
             the
             course
             of
             Histories
             and
             Records
             of
             those
             Ages
             .
          
           
             †
             Nota.
             How
             came
             the
             Doctor
             to
             quote
             Sir
             
               Robert
               Cotton
            
             ,
             since
             he
             is
             expresly
             against
             him
             ?
             For
             if
             what
             Sir
             Robert
             saith
             was
             true
             ,
             the
             Commons
             were
             first
             called
             to
             Parliament
             by
             King
             
               Henry
               ,
               after
            
             the
             Battel
             of
             Evesham
             ;
             and
             then
             ,
             not
             by
             the
             Barons
             ,
             nor
             in
             49
             H.
             3.
             
             And
             so
             they
             began
             ,
             not
             by
             Rebellion
             as
             the
             Doctor
             and
             his
             Author
             say
             .
          
           
             Nota.
             
          
           
             Nota.
             Not
             a
             Syllable
             of
             
             Montfort's
             Patern
             in
             any
             of
             his
             Authors
             cited
             by
             him
             ,
             except
             his
             own
             Contemporary
             Author
             .
          
           
             Nota.
             All
             deceived
             by
             
             Camden's
             Author
             ;
             not
             an
             Historian
             or
             any
             Record
             mentioning
             one
             word
             of
             such
             an
             Alteration
             ,
             though
             several
             lived
             and
             writ
             in
             the
             very
             time
             .
          
           
             Nota.
             The
             Doctor
             fancies
             that
             the
             present
             Constitution
             both
             of
             Lords
             and
             Commons
             began
             ,
             
               Anno
               49
               H.
            
             3.
             and
             after
             ,
             and
             was
             setled
             by
             E.
             1.
             and
             his
             Successors
             ;
             but
             proves
             not
             a
             tittle
             of
             the
             matter
             of
             fact
             .
          
           
             Nota.
             The
             Doctor
             's
             manifest
             Error
             in
             making
             Writs
             of
             Summons
             to
             
               Magna
               Concilia
            
             to
             be
             Summons
             to
             Parliament
             .
          
           
             Pag.
             79.
             in
             the
             Margine
             .
             Nota.
             
               Thus
               the
               Doctor
               insers
               from
               this
               Clause
               in
               the
               Record
               :
            
             Et
             tunc
             fiat
             eis
             super
             hoc
             Justitia
             vocatis
             evocandis
             si
             necesse
             fuerit
             .
          
           
             
               The
               Doctor
               's
            
             Jani
             Anglorum
             facies
             Antiqua
             ,
             pag.
             63
             ,
             64.
             
             Nota.
             
               The
               Doctor
               ,
               to
               serve
               his
               turn
               ,
            
             fondly
             designs
             
               to
               destroy
            
             Magna
             Carta
             of
             H.
             3.
             and
             make
             E.
             1.
             live
             
               before
               his
               Father
               and
               Grandfather
               were
            
             born
             .
             Nota.
             
               A
               convincing
            
             Argument
             
               that
               because
               the
               Charter
               of
            
             H.
             3.
             is
             enrolled
             by
             Inspeximus
             ,
             Anno
             25
             E.
             1.
             in
             haes
             verba
             ,
             Henricus
             ,
             &c.
             
             Therefore
             
               it
               was
               properly
            
             his
             
               Charter
               ,
               and
            
             not
             H.
             3.
             
          
           
             Ibid.
             64.
             
          
           
             Nota.
             All
             this
             is
             to
             prop
             up
             a
             new
             and
             mistaken
             Norton
             ,
             that
             Tenants
             in
             Capite
             by
             Military
             Service
             only
             made
             the
             Parliament
             ,
             till
             49
             H.
             3.
             
          
           
             Nota.
             Here
             the
             Doctor
             again
             refers
             to
             his
             mistaken
             Writs
             of
             Summons
             to
             Great
             Councils
             for
             
               Parliaments
               ,
               temporibus
               E
               1.
               
               E.
               2.
               
               E.
            
             3.
             which
             he
             hath
             printed
             ,
             and
             by
             them
             would
             give
             a
             colour
             to
             his
             and
             his
             
             Author
             's
             marvellous
             change
             of
             the
             ancient
             Government
             of
             the
             Kingdom
             ,
             
               Anno
               49
               H.
               3.
               never
            
             found
             out
             or
             discovered
             by
             any
             before
             .
          
           
             
               Author
               of
            
             Jani
             Anglorum
             Facies
             Nova
             .
          
        
         
           Notes for div A54640-e5740
           
             Rot.
             Clan
             .
             49
             H.
             3.
             in
             Schedula
             .
          
           
             
             Dugdale's
             Origines
             Juridiciales
             ,
             
               fol.
               18.
               col
            
             .
             1.
             
          
           
             Pag.
             221.
             
          
           
             
             Dugdale's
             Origines
             Jurisd
             .
             fol.
             18.
             
             But
             to
             point
             out
             who
             they
             were
             
               (
               viz.
               Barones
               Majores
            
             )
             that
             had
             their
             first
             Rise
             by
             Writs
             of
             Summons
             ,
             until
             22
             E.
             1.
             and
             afterward
             ,
             passeth
             my
             skill
             ,
             there
             being
             no
             publick
             Record
             that
             doth
             make
             mention
             of
             them
             till
             then
             except
             that
             of
             49
             
               H.
               3
            
             Dugdale's
             Pref.
             to
             his
             
               Baronagium
               Angliae
            
             ,
             Tom.
             1.
             
             The
             Doctor
             ,
             pag.
             225.
             
          
           
             Nota.
             According
             to
             the
             Doctor
             ,
             Mr.
             Camden
             and
             his
             Author
             speaks
             not
             any
             thing
             of
             the
             Commons
             ,
             but
             only
             of
             the
             Lords
             and
             their
             Peers
             .
          
           
             Nota.
             The
             Doctor
             and
             his
             Author
             having
             tack'd
             and
             patch'd
             together
             the
             Historian
             ,
             and
             Writs
             of
             Summons
             to
             a
             Parliament
             ,
             49
             H.
             3.
             is
             their
             only
             Evidence
             that
             the
             Commons
             begun
             by
             Rebellion
             in
             that
             very
             Year
             .
          
           
             Nota.
             These
             
               Arguments
               ,
               Proofs
            
             and
             Reasons
             ,
             besides
             many
             more
             ,
             the
             Doctor
             hath
             unfairly
             concealed
             from
             his
             Readers
             ;
             yet
             he
             hath
             published
             to
             the
             World
             his
             full
             and
             clear
             Answer
             to
             my
             Book
             ,
             and
             particularly
             to
             the
             eighth
             and
             ninth
             Arguments
             ,
             wherein
             these
             Authorities
             are
             urged
             :
             the
             Doctor
             gives
             this
             Answer
             in
             these
             very
             words
             ,
             
               p.
               143.
               
               His
               eighth
               and
               ninth
               Arguments
               ,
               also
               his
               first
               and
               second
               Observations
               upon
               the
               whole
               matter
               ,
               have
               nothing
               in
               them
               worth
               a
               serious
               Consideration
               .
            
          
           
             In
             the
             Northern
             Kingdoms
             ,
             
               Adamus
               Bremensis
            
             saith
             ,
             that
             the
             Bishops
             ,
             after
             the
             People
             received
             Christianity
             ,
             were
             received
             into
             their
             
               Publick
               Councils
            
             .
             And
             Loccenius
             reckons
             up
             ,
             among
             the
             several
             Estates
             ,
             the
             Bishops
             ,
             Nobles
             ,
             Knights
             and
             Deputies
             of
             the
             Country
             and
             
               Cities
               .
               The
               learned
               Author
               of
            
             The
             Grand
             Question
             ,
             pag.
             11.
             
          
           
             King
             
             James's
             first
             Speech
             to
             his
             first
             Parliament
             in
             England
             .
             Pulton's
             Stat.
             1
             Jac.
             c.
             2.
             f.
             1157.
             
          
           
             King
             Charles
             the
             First
             's
             Declaration
             to
             all
             his
             loving
             Subjects
             ,
             published
             with
             the
             Advice
             of
             his
             Privy
             Council
             .
             Exact
             Collections
             of
             Declarations
             ,
             p.
             28
             ,
             29.
             
          
           
             Bracton
             ,
             lib.
             1.
             cap.
             1.
             fol.
             1.
             
          
           
             This
             Authority
             the
             Doctor
             took
             no
             notice
             of
             in
             my
             Book
             .
          
           
             Rast.
             Stat.
             9
             H.
             3.
             sol
             .
             1.
             3.
             
             Id.
             12
             E.
             4.
             c.
             7.
             
             It
             is
             called
             ,
             
               The
               Laudable
               Statute
               of
            
             Magna
             Charta
             .
          
           
             Regist.
             fol.
             175.
             
             Rot.
             Stat.
             25.
             
             E.
             1.
             m.
             38.
             
          
           
             Rot.
             Parl.
             15
             
               E
               3.
               num
            
             .
             50.
             dor
             .
             Enprimes
             est
             accorde
             &
             assentu
             que
             la
             franchise
             de
             seint
             Esglise
             &
             la
             
               Grand
               Chartre
            
             &
             la
             Chartre
             de
             la
             Foreste
             &
             les
             autres
             estatatz
             faitz
             per
             nostre
             Seignior
             le
             Roy
             &
             ses
             progenitors
             piers
             &
             la
             Comune
             de
             la
             terre
             pur
             comune
             profit
             du
             people
             soient
             firmement
             gardez
             &
             maintenez
             en
             touz
             pointz
             .
             Rast.
             Stat.
             de
             An.
             15
             E.
             3.
             
             ●
             .
             1.
             f.
             82.
             
             It
             is
             accorded
             and
             assented
             that
             the
             Franchize
             of
             Holy
             Church
             ,
             and
             the
             great
             Charter
             ,
             and
             the
             Charter
             of
             the
             Forest
             ,
             and
             the
             
               other
               Statutes
            
             made
             by
             our
             ●overeign
             Lord
             the
             King
             ,
             and
             his
             
               Progenitors
               ,
               Peers
            
             and
             the
             Commons
             of
             the
             Land
             ,
             ●r
             the
             common
             profit
             of
             the
             People
             ,
             be
             firmly
             kept
             and
             maintained
             in
             all
             Points
             .
             
               Rast.
               ●at
            
             .
             12
             E.
             4.
             c.
             7.
             
             The
             Laudable
             Statute
             of
             
               Magna
               Charta
            
             ,
             which
             Statute
             was
             made
             ●r
             the
             great
             Wealth
             of
             all
             this
             Land
             ;
             and
             in
             affirmation
             of
             the
             said
             Statute
             of
             the
             said
             
               ●reat
               Charter
            
             ,
             divers
             Statutes
             have
             been
             afterwards
             made
             and
             ordained
             .
             1.
             By