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A54640 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 (1681) Wing P1950; ESTC R5699 10,164 16

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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 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 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