The antient right of the Commons of England asserted, or, A discourse proving by records and the best historians that the Commons of England were ever an essential part of Parliament by William Petyt of the Inner-Temple, Esq.

The EIGHTH ARGUMENT.

From the various opinions of the learned men in and since H. 8. who never dreamed of any such origine, nor was it ever heard of till of late.

IT would be tedious to set down the various and wan∣dring opinions and reasons of our modern Authors in English, touch∣ing the beginning of our Parlia∣ments, and constituent parts there∣of, especially of the Commons, as now called and comprehended in the Knights, Citizens, and Burges∣ses in Parliament: I will but in∣stance in a few eminent Authors, and leave the Croud behind.

The great Antiquary, Mr. Lam∣berd

holds, that they were before * 1.1 the time of William the First, and there are other learned men who give their assent to that as a great truth.

Mr. Prynn saith, By all the anci∣ent * 1.2 Presidents before the Conquest, it is most apparent, That all our Pristine Synods and Councils were nought else but Parliaments; that our Kings, Nobles, Senators, Al∣dermen, Wisemen, Knights and Commons, were usually present, and voting in them as Members and Judges.

Polydore Virgil, Hollinshead, Speed and Martin, are of opinion, that the Commons were first summon∣ed at a Parliament at Salisbury, An. 16 H. 1.

Sir Walter Raleigh in his Trea∣tise of the Prerogative of Parlia∣ments, thinks it was Anno 18 H. 1.

My Lord Bacon in a Letter to * 1.3 the Duke of Buckingham, asks, Where were the Commons before H. 1. gave them authority to meet in Parliament?

Dr. Heylin finds another begin∣ning, * 1.4 and saith, that H. 2. who was Duke of Anjou, was the first Institutor of our High Court of Parliament, which (being an Anjo∣vian) he learned in France.

But I cannot find that any of those ever supposed the Commons were first introduced in Parlia∣ment 49 H. 3. by Rebellion.

Nor was this opinion entertain∣ed by any Author I can meet with, Anno 1529. 21 H. 8. for in an an∣swer of that great and excellent person Sir Thomas More, Lord * 1.5 Chancellor of England, in his sup∣plication of Souls against the sup∣plication of Beggers, discoursing about King Johns making (in the

14^th year of his Reign, and three years before his granting Magna Charta) the Realm Tributary to the Pope, declares his Judgment without any doubt or hesitation, and therein as I take it the univer∣sal tradition and belief of all learn∣ed men of that and precedent times:

That the Clergy and all the Lords and Commons of the Realm made the Parliament in the age of King John, and that never could any King of England give away the Realm to the Pope, or make the Land Tributary without their grant; whose Book, and so his opi∣nion we find approved of and pub∣lished by a grave and learned Judge of the Kingdom, Mr. Ju∣stice * 1.6 Rastall, and dedicated to Queen Mary her self, An. 1557. not much above a Century ago.

Notes

• * 1.1

  Lamberd Ar∣chion. sol. 246.
• * 1.2

  Prynns Truth Triumphing over Falshood, Antiquity over Novelty, sol. 69. Parliamentum Synodus mag∣n•• nun〈…〉〈…〉r Somneri Gloss.
• * 1.3

  Cabala sol. 65. A〈…〉〈…〉. 1621.
• * 1.4

  〈◊〉〈◊〉 〈◊〉〈◊〉 of the 〈◊〉〈◊〉 World. 〈…〉〈…〉.
• * 1.5

  Sir 〈◊〉〈◊〉 Mor••'s Works, sol. 296.
• * 1.6

  Willtelmus Ra∣stall S••rviens ad lige•• constita∣tus Jast••••. de 〈◊〉〈◊〉. Tesre Rege apud 〈◊〉〈◊〉. 2•• Octo∣br. 〈◊〉〈◊〉. Par. 〈◊〉〈◊〉 〈◊〉〈◊〉 61•• & 〈◊〉〈◊〉