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. ...

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 * 1.1 by Knights, Citizens and Burgesses in Parlia∣ment

did not begin to be an Essential part of Par∣liament, 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 * 1.2 by Knights, Citizens and Burgesses in Parlia∣ment, 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 Ab∣stract, or Compendium, of some of the Prin∣ciples 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 * 1.3 Saxon Great Councils.

Nor any thing that tends towards the Proof of * 1.4 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 * 1.5 be found amongst the Community of England in Old Historians.

In the Norman Times.

THat William the Conqueror claimed by * 1.6 the Sword, and made an Absolute Con∣quest.

For, without doubt, there was no English-Men * 1.7 in the Common-Council of the whole King∣dom.

For the English had neither Estates nor For∣tunes * 1.8 left; and therefore it could be no great matter to them, by what Law, Right or Proprie∣ty other Men held their Estates.

William the Conqueror divided all the Lands * 1.9 in England amongst his great Followers, to hold of him.

The Free-men of England, being French, Fle∣mings, Anjovins, Britains, Poictovins, and * 1.10 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 nam∣ed, and chose Juries, and served on Juries themselves, * 1.11 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 Nor∣mans, 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, She∣riffs, Lords of Mannors, &c. that under∣stood 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 'tis hardly to be believed, these Men would give themselves the trouble of learning and understanding the Eng∣lish-Law and Language. * 1.12

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; * 1.13 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 Nati∣ons 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 Coun∣ties, Cities, Burroughs, and the Cinque-Ports.

a 1.14 And without doubt, as others have Con∣jectured 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 Ox∣ford, was the reason why they (Anno 49 H. 3.) altered the Ancient Usage, and of their Sending, Directing, and in the King's Name Command∣ing the Sheriffs of each County, the Cities and Burroughs, to send Two Knights, Citizens and Burgesses respectively.

b 1.15 Hence he affirms,

That the Commons of England, represented * 1.16 by Knights, Citizens and Burgesses in Parlia∣ment, 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 * 1.17 the Common University.

For the Noble-men of England, and Council * 1.18 of the Baronage were the Community of Eng∣land.

Barones Regni called to Parliament at the * 1.19 King's Pleasure.

And what King Henry, a little before his * 1.20 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 * 1.21 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 al∣so by Matter of Fact. Sir Robert Cotton says, the Victory at Evesham, and the dear Experi∣ence Henry the Third himself had made at Ox∣ford in the 42d. Year of his Reign, and the memo∣ry of the many Streights his Father was driven to, especially at Runnemede, near Stanes, brought this King wisely to † 1.22 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 Par∣liaments * 1.23 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, * 1.24 to secure themselves against the Tu∣multuous, Insolent and Seditious Practices of the Barons.

And, as according to the Opinions of these great Antiquaries, these new Con∣stitutions of Parliament had their * 1.25 Origin from the King's Authority; so from the same Authority and Time it was, that this most excel∣lent Great Council received its Per∣fection, * 1.26 and became exactly fitted for the Government of these Nati∣ons, as it seems to be very evident from these following Records.

And then the Doctor prints seve∣ral * 1.27 Writs in the Reigns of E. 1. E. 2. and E. 3. for summoning sometimes one, sometimes more Knights, Citi∣zens and Burgesses to such Great Councils as had no power to make Laws, but were only cal∣led 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 Infe∣rences

in the Margin, as the Reader may ob∣serve, pag. 230, 231, 232, 233, 242, 243, 246, 248, 249.

The King and his Council judges whether and * 1.28 when Burgesses ought to come to Parliaments.

The Great Charter, commonly at∣tributed to Hen. 3. and styled his * 1.29 Charter, was properly the Charter of E. 1. or perhaps rather his Expli∣cation or Enlargement of that Char∣ter 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 'tis recorded in the Summons to Parliament for that purpose.

In this Charter then confirmed, there is no pro∣vision * 1.30 made for any Summons to Great Coun∣cils, or Parliaments: And the Rea∣son may well be, because the Consti∣tution * 1.31 of Great Councils or Parlia∣ments was lately changed from what it was in King John's time, and un∣til 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 Con∣jecture, * 1.32 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, Mar∣vellous Nonsence, Gross Ignorance of Histories and Records, admirable and idle fan∣cies, and a Troop more of such gentile Ex∣pressions, which our Answerer hath been pleased to give that ingenious Gentleman, Mr. Atwood of Grays-Inn, and my self. All strong * 1.33 Arguments and high Civilities, scarce well be∣coming the Doctor in all his eminent Quali∣fications.

But to come to

Notes

• * 1.1

  My Discourse. pag. 1.
• * 1.2

  Pag. 1.
• * 1.3

  Pag. 20. in the Margin.
• * 1.4

  Pag. 13, 14.
• * 1.5

  Pag. 130. in the Margin.
• * 1.6

  Pag. 35. in the Margin.
• * 1.7

  Pag. 37.
• * 1.8

  Pag. 43.
• * 1.9

  Pag. 176.
• * 1.10

  Pag. 35, 37, 38.
• * 1.11

  Pag. 39. Nota. When be a∣grees they un∣derstood not a word of English Law or Lan∣guage. Pag. 30. Nota. As this is pre∣carious, so it is certainly false and impracti∣cable, and di∣rectly against Domes-day-Book, and the Evidence and Testimony of the Historians and Laws of that very time.
• * 1.12

  Gloss. pag. 27. Nota. Let him prove it to save his Credit.
• * 1.13

  Nota. Why then may not the like Reason hold a∣gainst the In∣troduction of the Commons to be first a part of Parlia∣ment by the Victorious and Numerous Ba∣rons 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 1.14

  P. 224. Dugd. Baron, fol 75••. col. 2. The pro∣bable cause that moved Mont∣fort to summon this Conven∣tion. Nota. How could that be, when the Numerous Barons (as they say) had all things in their Power.
• b 1.15

  Nota. Here we have the Original, and all the Au∣thorities and Proofs that the Commons (as they would have it) began by Rebellion, 49 H. 3. No∣ta. For no Man ever dream'd of such an Origine before the Doctor and his Author only.
• * 1.16

  Pag. 1.
• * 1.17

  Pag. 163. in the Margin.
• * 1.18

  Pag. 165.
• * 1.19

  Pag. 227. in the Margin.
• * 1.20

  Pag. 228.
• * 1.21

  Nota. The Original Author of this Fictitious Change is quoted by Camden, fol∣lowed by Sir. Robert Cotton; but slighted, bafled, and proved evi∣dently false by Mr. Selden in his Titles of Honour, f. 589. 590. and con∣trary to the course of Histories and Records of those Ages.
• † 1.22

  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.
• * 1.23

  Nota.
• * 1.24

  Nota. Not a Syllable of Mont∣fort's Patern in any of his Au∣thors cited by him, except his own Contemporary Author.
• * 1.25

  Nota. All deceived by Cam∣den's Author; not an Historian or any Record mentioning one word of such an Alteration, though several lived and writ in the very time.
• * 1.26

  Nota. The Doctor fancies that the present Constitution both of Lords and Commons be∣gan, 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.
• * 1.27

  Nota. The Doctor's mani∣fest Error in making Writs of Summons to Magna Concilia to be Summons to Parliament.
• * 1.28

  Pag. 79. in the Margine. Nota. Thus the Do∣ctor insers from this Clause in the Record: Et tunc fiat eis super hoc Justitia vo∣catis evocandis si necesse fuerit.
• * 1.29

  The Doctor's Jani Anglo∣rum facies Antiqua, pag. 63, 64. Nota. The Doctor, to serve his turn, fondly designs to de∣stroy Magna Carta of H. 3. and make E. 1. live before his Father and Grandfather were born. Nota. A convincing Argu∣ment that because the Charter of H. 3. is enrolled by Inspexi∣mus, Anno 25 E. 1. in haes ver∣ba, Henricus, &c. Therefore it was properly his Charter, and not H. 3.
• * 1.30

  Ibid. 64.
• * 1.31

  Nota. All this is to prop up a new and mistaken Norton, that Tenants in Capite by Mili∣tary Service only made the Parliament, till 49 H. 3.
• * 1.32

  Nota. Here the Do∣ctor again re∣fers 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.
• * 1.33

  Author of Ja∣ni Anglorum Facies Nova.