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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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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 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 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