Selected quad for the lemma: parliament_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
parliament_n	earl_n	king_n	york_n	3,121	5	9.5804	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A26173	Jus Anglorum ab antiquo, or, A confutation of an impotent libel against the government by king, lords, and commons under pretence of answering Mr. Petyt, and the author of Jani Anglorum facies nova : with a speech, according to the answerer's principles, made for the Parliament at Oxford.	Atwood, William, d. 1705?; Brady, Robert, 1627?-1700. Full and clear answer to a book.; Petyt, William, 1636-1707. Antient right of the Commons of England asserted.; Atwood, William, d. 1705? Jani Anglorum facies nova.	1681 (1681)	Wing A4175; ESTC R9859	138,988	352

yields these Rights to be more than precarious For according to him the Tenents in Capite were the only Members of the Great Council before 49 H. 3. and if others were after 't was by Usurping upon the Rights of Tenents in Capite ib. p. 210. ib. 42. who and not others when the 〈◊〉 Government was set up How were Cities and Burroughs holding in Capite Represented according to this And how came they ever to be Represented began to be Represented by two Knights for every County out of their own number and they at first that is then Elected their own Representatives and yet these Tenents in Capite might be set aside if the King and his Council pleased nor was any power given to others to chuse till ●0 H. 6. c. 2. which gave no new power ib. p. 79. and the Lords depend upon the Kings pleasure ib. p. 42. Therefore what the design is ib. p. 227. 228. and at whose door the crime of it lies the thing it self speaks tho I should be silent But for fear he should seduce unwary Readers I must observe his Artifice in imposing upon them the belief that as it has ever since 49 H. 3. been at the Kings pleasure that any Lords came to the Great Council so the King could of right name to the Sheriff what Representatives for the Counties Against Mr. Petyt p 249. Cities and Burroughs he pleas'd as he observes in the Margent upon a Record 31 E. 3. but he is not so Candid to observe that though indeed at that time there was such a nomination yet that was no● to any Parliament or to make any new Law or lay any kind of Charge upon the Nation or particular men but was a Summons of a Council to advise how what was granted by full Parliament legally Summon'd might be best answered juxta intentionem concessionis praedictae and in such Cases the Judges only who are but Assistants in Parliament might well be consulted but pro magnis urgentibus negotiis as when King Charles the First called the Magnum Concilium or Great Council of Peers to York An. 164● upon the Scotch Rebellion the King call'd more to Advise with and the Counsellors might well be of his own Choice 'T will be urg'd that when the King appointed but one for every County p. 242. 26 E. 3. they were impowr'd to consent to what de Communi Consilio contigerit ordinari p. 246. 27 E. 3. and that such a Council made Laws as the Statute of the Staple made the 21 of E. 3. to which the answer is very obvious that they made only Ordinances not Laws and that these were Magna Consilia taken in a sense totally different from the Generalia Concilia or Parliaments and all this appears above the power and subtilty of our learned Doctors Evasions in that the Record cited by himself in the 26 E. 3. calls the Assembly they are Summon'd to Concilium only and an Act of Parliament in the twenty eight of that King calls what was done in the twenty seven Ordinances 28 E. 3. c. 13. and that meeting a Great Council Magnum Concilium but such a Council it was and its Resolutions such meer Ordinances the distinction of which from Acts is well known that that very next Parliament finds it needful to confirm and give them the force of a Law Agreeably to this the Earl Marshal in that grand Case in the 3 H. 6. pleads that though a determination hadde be made against the said Earl Marshall in great Council Rot. Par. 3. H. 6. n. 12. though he hadde be of full age that might not disherit him without Authority of Parliament these are uncontrollable evidences and proofs against him let him to save the great Credit of his Learning answer them if he can But who is the new Government-Maker and new Parliament-Maker perhaps one might know from himself when he has considered a little better and then he may think the Government as 't is now establisht ●ighly concern'd in his Errors Perhaps 't will be said I injure this good man in imputing to him a design in relation to the present Government Since he owns that the most excellent great Council Against Mr. Petyt p. 229. and goes to prove it evidently from Records received its perfection from the Kings Authority and time But 't is obvious that its Perfection must be meant of such its Perfection as his Book allows and he would make evident but what is that That Lords should to the time of his excellent discoveries be Summon'd to Parliament ib. p. 227. 228. or past by at the Kings pleasure and that if the King pleas'd he might Summon one Knight for a County ib. p. 249. one Citizen for a City one Burgess for a Burgh and those nam'd to the Sheriff And this design will be very evident if we observe his aery ambuscade to return his own phrase and meer juggle in joyning the Kings Authority and time together we think we have something but by an Hocus Pocus Trick 't is gone for admit that its Perfection were such as we say it has at this day viz. for Lords to come of Right in their own Persons and that the Commons should send Representatives of their free Choice Yet let us see what setlement he gives this Great Council for which purpose we must divide the two Authorities which sometimes may differ And 1. Suppose that though time would preserve that power which the Great Council exercises a King would hereafter take it all to himself and make Laws by a Council of his own chusing or without any If the Doctor allows this power doubtless the next Parliament will thank him 2. Suppose that without or against the Kings Authority time only would establish this Great Council can this be done He that affirms it surely will be no great friend to Prerogative nor understands he that Maxim Nullum tempus occurrit Regi And one of these must be clos'd with 'T will be objected that I am as injurious to Prerogative in arguing that some Lords may have a Right of Prescription to come to the Upper-House But I think no sober man will deny that there is a right either from Writs alone or from Writs as prescribed to and 't is strange that it should not be against Prerogative to urge a right from one Royal Concession and yet it should be to urge it from many but farther if they who had no right to come in Person or be Represented in Parliament should by colour of Prescription put themselves upon the King for Counsellors this were derogatory to the Prerogative But if there be a natural right for Proprietors of Land with whom some say is the ballance of power within this Nation to be interested in the Legislature which I 〈◊〉 not affirm Or if there be such a positive right not only from the Laws for frequent Parliaments which suppose such to be Members as had been but more particularly from the Law received in the 4th of William the First Rex debet omnia rite facere in Regno per judicium procerum Regni and by positive Law or Custom the King us'd to send special Writs for some general for others the Prescribing to special Writs which is not of Substance as to the Legislative Interest is no diminution of Prerogative because no more in effect is out of the King than was before which is that this man should one way or other have a share in the Legislature If this Solution of mine will not pass I cannot help it I am sure the Law for a right grounded upon one or more Special Writs of Summons stands fast though the reason of it should be above my reach Having run through a Book so ill-natur'd to the Government and so impotent in its setled anger as that which some may think to have no other design Above all vid. Title page Against Mr. Petyt p. 81. than that of exposing Mr. Petyt and me the one for Artifice ●●nhandsom dealing with and false application of Records c. the other amongst other things for Ignorance Confidence and Cheating his Readers I may hope notwithstanding the disparity of years and the dignity of his place to be very excusable in using our Answerer with no more respect When a man renders himself cheap by his folly and yet meers with many so weak that they are discipled by him to notions of dangerous and pernicious consequence to the State Ridentem dicere verum Quis vetat In summing up the Product of his many years labours which my Preface charges him with perhaps it may be thought that I omitted one considerable Head however I leave to others if they think fit to add for a seventh That both Lords and Commons may be depriv'd of all Shares or Votes in making of Laws for the Government of the Kingdom when ever any future King shall please to resume the Regality Some perhaps may add an eighth That the Parliaments are nothing but Magna Concilia such as are called only to Advise upon what shall be given in direction but no consent of theirs required to make the Kings determination a binding Law And Vice Versâ every Great Council such as that call'd to York 〈◊〉 1640. is a Parliament FINIS ERRATA PAge 12. l. 6. add Drs. before interdicts p. 15. in marg add p. 239. p. 16. l. 11. read vicinata p. 18. l. 10. r. 25. p. 28. l. 12. r. in Chief p. 39. l. 5. r. had p. 47. l. 21. r. induere l. 23. r. deposceret p. 82. in marg dele Shire after Cambridg p. 100. l. 17. r. Sharnborn p. 110. in marg towards the bottom add Domesday p. 124. l. 6. r. paragio p. 133. l. 24. add and according to their Chattels p. 139. add of before a title p. 151. l. 13. r. conticuissent p. 156. in marg r. Lords for Knights p. 163. l. 2. r. ●it l. 10. r. integra p. 201. l. 8. r. title In the Additions Page 8. l. 5. r. article p. 23. in marg Leges Sancti Ed. p. 25. l. 12. r. of King John's Charter viz. Tenants c. ib. l. 25. r. Nocton

Jus Anglorum ab Antiquo OR A CONFUTATION OF AN Impotent LIBEL Against the Government BY King Lords and Commons Under pretence of Answering Mr. PETYT and the Author of Jani Anglorum Facies Nova WITH A SPEECH according to the Answerer's Principles made for the PARLIAMENT at OXFORD Ne Sutor ultra crepidam LONDON Printed for Edward Berry in Holborn-Court in Grayes-Inn 1681. THE PREFACE THere was a Book lately publish'd against Mr. Petyt and my Self which not only treats us with Pedantick Scorn like those that are to Cap the Author within his Colledge but its seems to trample on the best Constitution our Government it self under Colour of its being New in the 49th of Hen. 3. Against Mr. Petyt p. 110. when it arose out of the indigested Matter of Tumults and Rebellion and so not having a Legitimate Birth as not born in Wedlock between the King and his People it may be turn'd out of Doors by the Help of that Maxim Quod initio non valet tractu temporis non convalescit How can a Bastard become a Mulier The Treatise which was to prove the Fact Against Jan. c. p. 1. Matter of Fact only was cried up for unanswerable and perhaps 't was imagined that there was no possibility left for a Reply since the Writer who has render'd himself famous in his Generation as if he knew better how to manage a Design than an Argument pass'd it about only to such Hands as were obliged by Promise if not by Principle to conceal it But Mr. Petyt and my Self having by Accident seen bis Book and observed some Heads which we intended to expose to the World At last out comes the happy Birth yet 't was hoped that by that time there might be Proselytes enough to defend it with Noise and Acclamations and Contempt of all Opposers Records Ancient Historians and our Ancient or Modern Lawyers Though generally in a Matter of Argument we ought to leave to the Reader the Censure of what we think we confute without remarking how absurd or criminal it is yet when such Reflections are almost the only Arguments on the other side and they when pronounc'd tanquamè Cathedrâ must have some Authority 't is fit that even these trifles should have their due provided they be answered with Decency of Expression And we know in what manner the Wise Man advises us to answer some People I should have been glad if this Author'● Civility had obliged me to treat him at another Rate than I do since I delight not i● this way nor think thereby to please such Readers as I would court to be Judges between us But why should I Apologize for the managing of this Controversie in a way wholly New to me Since the severest Expressions are but retorted and transcrib'd from our Answerer's Original and indeed it may well be an Original for 't is without Example If in any thing I seem intemperate I may say with an Author well known Excess of Truth has made me so Our Author 's very Notions are Satyrs upon themselves nor can any thing more expose a Man than a seemingly Gigantick Endeavour to remove the fix'd Stars the Lords from the Firmament where each shines in his setled Station and to take from the Commons of England that Spot of Earth which they enjoy and tread on While the Sons of Titan lay Pelion upon Ossa one Mountainous Fiction upon another the Mountains have a quick Delivery and bring forth Confusion to the Giants What has been the Product of his many Years Labours I think may be shewn in Miniature under these Heads 1. That the Norman Prince against his reiterated Promises and against the great Obligation of Gratitude to those of the English who assisted him Against Mr. Petyt p. 29 30 31 32 33 34 35 so p. 176. took away all their Lands and Properties and left them no Right or Law 2. That from the Reputed Conquest and long before under the British and Saxon Governments to the 49th of Henry the Third None came to the Parliaments or great Councils of the Nation where Life and Fortune were disposed of but the King 's immediate Tenants in Chief ib. p. 39. by Knights Service 3. That even they came at the Discretion of the King and his Council ib. p. 79. 228. ever after the 49th 4. That the House of Commons began by Rebellion in that very year ib. p. 210. 228. 229. nay and the House of Lords too 5. That the Constitution of the Lord's House ib. p. 227. 228. 229. consists at this very day in the King 's calling or leaving out from special Summons to Parliament such Earls and Barons as he pleases 6. That by vertue of the New Law imposed upon the People p. 29. by the Conquerour p. 39. none within the Kingdom were Free-men or Legal men but Forreigners who came in with him being such as nam'd and chose Juries and serv'd on Juries themselves both in the County and Hundred Courts who were all Tenants in Military Service None surely but such as read without observing any thing whose Books can't beat into their dull Brains common Reason and who never were acquainted with that excellent Comentator'● practise will think that I need set my self to argue against every one of these ' T●●ll be enough if under those Heads which I go upon to destroy his ill laid Foundations I prove them upon him for most of them confute themselves Truly I cannot but think Mr. Petyt and my self to have gone upon very good Grounds since they who oppose them are forc'd to substitute in their Rooms such pernicious ones as would render the Foundation both of Lords and Commons very tottering and unstable Not to mix Lords and Commons together I will endeavour to do right to the dignity of that Noble Order and their Interest in Parliament apart from the other The Constitution of the House of Lords our Antagonist as I shall shew will not allow to have been setled till after the time of E. 1. if it be yet Whereas for a short Answer to his new Conceit the Earl of Norfolk Rot. Parl. 3. H. 6. n. 12. p. 228. in the third of H. 6. lays his Claim to and has allowed him the same Seat in Parliament that Roger Bigod his Ancestor had in that great Court in the time of H. 3. And though on the side of the Earl of Warwick his Competitor 't is urged that the Earl of Warwick had the Precedency by King H. 4● 〈◊〉 Commandment 'T is answered Yat Commandement yave no Title ne chaungeth not the Enheritaunce of the Erle Mareschal but if or unless hit hadde be done by Auctorite of Parlement And if Precedency were a setled Inheritance which could not be alter'd but by Act of Parliament how can a fixt Right of coming to Parliament be taken away otherwise Though our Author supposes it to be at the meer Will and Pleasure

to his Parliament and no others unless by chance But pray what a Reflection is this upon several excellent Monarchs Successors to H. 3. whom he renders Denyers of their own Acts though under the Broad Seal But there is an Argument in the Parliament Rolls 3 H. 6. p. 12. upon the Question of Precedency above-mentioned where 't is taken for granted that our Kings and Queen● had not then such a Prerogative to do wrong If soch commandementz shold make right and yeve title it wer to hard for yen shold it seme yat neither of my sayd Lords Erls Mareschal and Warwyck shold fro this day never sitte● in Parlement without new Commandement To tell the Lords who are concern'd 〈◊〉 this that there are many who have an ●●defeazable Right by Patent and some ●he first of whose Ancestors or themselves ever had any more than the ordinary ●rits without creating Clauses or any ●her than such as when any Parliament ●as to be called went out of Course and Right to them who were Lords before ●ould be as needless as the Orators Dis●ourse of Tacticks to the Carthaginian Hero I shall be bold to offer to Consideration ●herein consists the Right of such a Sum●ons and I take it to be in the Prescrip●ion though perhaps none were setled in ●he Right of coming till the 11th of R. 2. Yet the time from whence they pre●cribe might be Earlier and yet whether Writ alone or only as fortified with Pre●cription gave the Right here was what was not still left to Royal Pleasure on●y I conceive that a Writ of special Sum●ons of it's self gave no man Right to come always after this as a Lord for if it made him not a Lord it gave him no Right to come to the Lords House as such And this I take to be evident from the Records of the several Summons of the tw● Furnival's Jan. Angl. at the latter end Father and Son who had th● same Writs of Summons with the Lord● and yet were no Lords for the lowe● Degree of Lords was Barons and th● Son pleads that his Amerciament in a great a Sum as a Baron was against Law for that he neither held by Barony ne● Baro suit intitulatus nor was called B●ron nor obtained that name which could not have been if he was one of the Baron● in Parliament so that he could be no more than an Assistant as the Assistants hav● Writs in the same form with the Lords Wherefore if any claim'd from Writ 〈◊〉 must be by prescribing to have had it 〈◊〉 long time in his Ancestors as amounts 〈◊〉 a Prescription by the Custom of Parliament which is the Law of it Besides 〈◊〉 can be no Objection that to a Prescription 't is necessary that it should have been i● memorially so as nothing to the contrary can be shewn whereas the very first Wri● may be seen for this most plainly is different from common Prescriptions both in the manner of it and in the Reason of th● thing 1. In the manner We find the Burgesses of St. Albans to lay their Prescription only from the time of the Progenitors of E. 1. which might be only from within the time of King John or from the beginning of his Reign if but from the later end ●here were an hundred years for a Prescrip●ion 2. But besides this apparently differs in the Reason of the thing so that it must needs have a different Law from common Prescriptions For other things the Ground of the Right is the always having enjoyed either by a man's Ancestors or by them whose Estate he has And if it were at any time in others and it could not appear when they parted with it 't was a manifest Injustice for them to make such a Claim to have it so that ●he appearing upon Record when the first Writ was is an Argument that a Prescription may lawfully be made in this Sense 2 There were Commonalties Rot. Par● 8 E. 2. Bodies contracted by Representation that came to Parliament of Right who yet were Lords in the Drs. Sense being they held in Capi●e as he supposes the Knights for the Coun●ies to be Grantz the same with Magnates as they held in Capite I am persuaded in this he taught the most Learned what fell not within their Knowledge o● Belief before and for a while made them quit that peice of Philosophy Nil admirari in wondring at the Sagacity of the man However by this time 't is wond'rous plain from his Demonstrations that admit a Difference was made between Lords and Commons with distinct Power yet the Commons of Counties Citties and Burroughs were not only often called by the same Names Yet I take it that such Tenants in Capite had no share in the Judicature because then 't would have continued still but were strictly Lords and therefore had a joyn● Power even in Judicature For if they came before as Tenants in Capite and that Tenure made them noble 't was to be ever in the same manner since 6 R. 2. c. 4. But the very Traders nobilitated by the Dr. lay claim to and have allowed them a Right from Prescription It may be objected from hence against my Notion of the Lords which held in Capite being pass'd by at the King's Pleasure tho others were not that here a Prescription is laid upon the Tenure in Capite And it being from before the 49th o● Hen. 3. there could have been no such Settlement as both my Opposite and my self receive He perhaps has set aside this in his own Opinion but I must confess I can't embrace his new Sense However I think it no hard matter to give a natural Answer For the Author cited by the faithful Mr. Camden acquaints us with no other Alteration than what related purely to Singular Person● ex tanta multitudine Baronum Mat. Par. Quasi su● numero non cadebat Who being scarce to be numbred made very great Disturbances which required a new Model and a Restriction of the Numbers provided it might be with a just preservation of the Rights of every one in particular but those great Bodies which before came by Representation could admit of no change without a tendency to Destruction Agreeably to this Observation the Inhabitants of St. Albans plead their Right to be represented in Parliament not barely because of Tenure in Capite Rot. Parl. 8 Ed. 2. but Sicut caete●i Burgenses regni as other Burgesses in ●he like Circumstances 3. I hope I have some Reason for my Confidence when I affirm that I ought 〈◊〉 differ from this New Light when it instructs us that the King 's appointing ●nd ordaining p. 227. That all those Earls and ●arons of the Kingdom of England to which he thought fit to direct Writs of Summons should come to his Parliament and no others or as he repeats the same meaning the Arbitrary Practice of Henry the Third Ed. the First and his Successors

concerning taking of Salmons a Record tells us was Rot. Pat. 14. Ed. 2. De inquirend de Salmonibus captis in Com. Glou. contra statutum Statutum de Communi Consilio Regni ordain'd of the Common Council o● the Kingdom The Historian expresseth this Parliament thus His temporibus convocatis ●●tentioribus terrae suae apud Westmonasterium condidit Rex statuta quae Westmonasterii secundi dicuntur Ma. West fo 412. l. 35. here the more powerful men of the Land were called or summoned to that Parliament not a Syllabl● of the Word Communitas or Commons but the Dr. will not deny but that the Commons were part thereof for the 13● of E. 1. was about 21 years after 49. H. 3. Anno 27. E. 1. Rast. Stat. fo 47. The Statute of Fines was ordained De Communi Concilio regni yet no mention is made in the body Rot. Claus. 8 E. 2. m. 8. of the Assent of Lords or Commons notwithstanding they gave their Assent thereto otherwise it could not have been a Law o● Statute Rot. Parl. 15 E. 3. n. 50. dors for the Parliament of 15 E. 3 tells us that the Statute of Magna Charta and other Statutes were made by King Peers and Commons and so this 27 E. 1. And there are Writs of Summons Rot. Claus. 27 E. 1. m. 9. dorso de Parliamento tenendo to this Parliament which Mat. Ma. West fo 431. l. 48. Westm. more Historic● thus generally delivers Dominica secunda quadrag●mae citatis magnatibus regni apud Westmonasterium no Commons particulariz'd Anno 28 E. 1. Rast. Stat. fo 49. The Statute called Articuli 〈◊〉 Chartas Rot. Pat. 7 E. 3. pars prim m. 21. de inquirend de diversis provisoribus Hospitii Regis as a Writ upon the 2. Chap● concerning Purveyors proves was or●●ned de Communi Concilio regni by the ●mmon Council of the Kingdom The Dr's * * * Mat. West fo 433. l. 36 Historian mentioning this ●●rliament writes in Octabis Sancti Hillatenente rege Parliamentum suum Lincol● Conquesti sunt Comites Barones not a ●●rd of the Commons yet most certain ●s they were also there as is evident by 〈◊〉 Writ of Summons and expences to that ●●rliament Mr. Pryn 4th part of Parliamentary Writs p. 12 13. 16. Rot. Claus. 29. E. 1. m. 17. dorso and the Sheriff of Kent's being ●mmanded to levy the wages for Waresius Valoignes and Henry de Appletrefield ●ights of the County nuper ad nos de prae●to nostro usque Lincolniam pro Comitatu ●●dicto venientibus ibidem nobiscum super versis negotiis nos populum regni nostri ●●ialiter tangentibus tractatur ' to treat with ●e King upon several Affairs especially ●uching the King and People The Statute of 1 E. 3. was de Communi ●●ncilio regni Concordatum Statutum in ●●rliamento apud Westm. Rast. Stat. 1 fo 64. agreed and ●●acted by the Common Council of the ●●ngdom Rot. Pat. 1. E. 3. m. 20. in a Parliament at Westminster 〈◊〉 Rot. Claus. 2 E. 3. m. 20. as several other Records ennumerate ●he several parts thereof Per nos Prae●●os Comites Barones communitatem regni ibidem existentes By the King and Prelates Earls Barons and the Comm●●nalty of the Realm there being Now what saith the Historian W● thus he expresseth this Parliament Walsingham f. 126. l. 28. 29. P●●natale Regina cum filio suo ante festum ●●phaniae venit Londonias ubi cum magno g●●dio muneribus est suscepta convenit e●●illuc tota Regni Nobilitas citata per prius parliamentum tenendum ibidem in Crast●●dicti festi But to press the Dr. with full weigh● shall afford him some presidents of ●●dresses to the whole representative Body the Commons of England as to Wi● which took in all the Members before 〈◊〉 suppos'd Conquest or Nobles which 〈◊〉 as comprehensive after 1. Tressages Communes A les Tressages Communes de cest ●●sent Parlement Rot. Parl. 11 H. 4. n. 36. Pur Johan Bartrum As Tressages Communes Rot. Parl. 13 H. 4. n. 23. Pur Labbe de Furneys c. que p●● considerer les premisses prier à nostr●● S●nieur le Roy de grantier per Auctorite Parlement c. In the like form Pur Tho. Chaucer Esq 2 H. 5. n. 18. c. Peticion pur Mairs Conestables la Compaigne de ●●●staple a Caleys directed as aforesaid As Tressages Communes supplie hu●●●ment Lucie que fuist la feme Esmond ●●gairs Count de Kent Rot. Parl. 2 H. 5. n. 47. Rot. Parl 9 H. 5. n. 19. Que pleise a voz Tressages discretions ●●●siderer Pur le Countess de Marche Rot. Parl. 3 H. 6. n. 29. Ibid. n. 32. pleise a Tres●es Communes Pur John Lescrop Chivaler in like manner Treshonorables et Tressages Communes Labbe de Newenham against Monsieur ●●lip Courtnay Chivaler Rot. Parl. 4 H. 4. n. 12. A les Treshonourables Tressages ●ommunes de cest present Parlement sup●● treshumblement c. Upon which peti●●on and others assented to after deli●ered to the King and Lords the Abbot ●as relieved and Sir Philip was adjudg'd ●nd awarded to the Tower As Treshonourables Rot. Parl. 2 H. 5. n. 16. Tressages Com●unes c. Pleise a vostre Tressages discretions de ●nsiderer auxi prier nostre Seignieur le●oy Pur Thomas Salman de grantier ordeigner en son dit Par●ment peradvys assent de toutz les Seig●eurs Espirituelx Temporelx c. Qua quidem petitione coram Domino Re●● Dominis Spiritualibus Temporali●● existentibus lectâ materiâ in eadem ●●nius intellectâ idem Dominus Rex de as●●nsu Dominorum predictorum ad requi●ionem Communitatis predicte c. As Tressages Rot. Parl. 8 H. 6. n. 51. Treshonorables Commons de cest present Parlement monstrent les Mair Aldermans Communes de la 〈◊〉 tee de Londres que please avoz Tressag● Tresprudez discretions considerer 〈◊〉 As Tresgratious Rot. Parl. 11 H. 4. n. 35. Pur Monsieur Johan Trebeel Chivaler Tressages Sires 〈◊〉 valers Communes de cest present Parl●●ment supplie treshumblement c. Quele p●tition 〈◊〉 devant le Roy les Seignieurs ● Parlement en entendue le dit Joha● amesme en plein Parlement Rot. Parl. 4 H. 5. n. 17. c. pur Joh● Alleyn autres a a a Rot. Parl. 4 H. 4. n. 19 Pur Monsieur Thomas Pomeroy Chivaler Ales Treshonourables Tressag● Communes de cest present Parlement 3. Honourables Tressages Commun● b b b Rot. Parl. 3 H. 5. pars 1. n. 7. Pur Henry Barton As Honourable Tressages Se●nieurs les Communes de cest present Parl●ment c. c c c Rot. Parl. 3. H. 5. pars 1. n. 9. Gentz de la Villae de Sondwich As

Petyt p. 228. nor earlier Commencement than the Commons What King Henry a little before his death begun that is to call such Earls and Barons ib. p. 228. quos dignatus est such as he pleased Edward the First and his Successors constantly observed This was the Constitution of the House of Lords Viz. The rebellious Barons who framed the new Government p. 210. the Lords made the Commons and the King made the Lords The Kings follow'd Montfort's Pattern Against Mr. Petyt p. 229. for calling the Commons to Parliament Which yet was not Montfort's alone for they the rebellious Barons fram'd and set up the new Government p. 210. After which they sent out Writs in the King's Name to summon a Parliament with Commons as well as Noblemen And yet Camden cited p. 226. Cotton cited p. 228. according to two Authors whom I receive H. 3. set the Pattern who after the Victory at Evesham wisely began in This what his Successors fortunately finish'd And the King's beginning this was a Reason why those Kings follow'd Montfort's Pattern Though 't was by the Power of Montfort alone that is of him and the other Barons that the Commons were let in to the great Councils to lessen the strength and power of the great Lords that is their own strength and power yet it was by the King's Authority though 't was before the Battel of Evesham when Montfort prevail'd yet it was done after when the King recovered the Regality I shall come now to the particular consideration of Jani Anglorum facies nova The Author of which sufficiently shews his fantasticalness in the Title of his Book Jani Anglorum facies nova What because his Shreds of Antiquity are thought doubtful by some taken in one sense by others in another do's he therefore make Janus bifrons of his Composition He had as good call it a Spread Eagle which looks both wayes too I am sure it suits better with my Book which is an high Flyer His Allusion to Selden's Jani Anglorum facies altera will not justifie him since that Antiquary was chiefly conversant in Popular and Lucrative Law Besides the Title imports the Novelty of his Opinion though perhaps he would have us believe that he puts a New Face upon those musty old things which have been thought to look with a different Aspect Nor can he shrowd himself under my Title for mine is an old Face which has honourable Scars and Flaws in it and a Professor's Aspect And they understand not Railery and Figure who observe not how I expose him by the Allusion He will have it and brings many Arguments Jan. Angl. c. p. 22. amongst which the Judgment of a whole Parliament of that famous King Ed. 3. but that is not Infallible that the Common Council of the Kingdom in King John's Charter is onely a Council for Scutage and Aid granted by Tenants in Capite Whereas Aid sometimes signifies such as to be sure is granted by the greatest Council and therefore does alwayes Against Jani c. p. 10 11 12. Farther What need was there to have the Cause of Summons declared if it were onely about Aids and Escuage or other ordinary business of course though indeed whether it was for Aids or other Business might not be known without this Declaration ib. p. 12. Lastly If all Proprietors were Members of the Great General Council 't is strange there should not have been the same care taken that they might be summoned Alas What signifies the Provision of the Common Law But he brings an Argument from the Earl of Chester's being a Count Palatine Against Jan. c. p. 20. and not subject to the Feudal Law whereas he was a feudal Tenant Though Bracton lib. 3. ca. 8. I must confess the old Dotard Bracton sayes Comites Paleys Counts Palatine have Regal Jurisdiction salvo dominio Domino Regi sicut Principi saving to the King his Dominion as Prince not as Lord of the Feud Besides in one of the Quotations which he brings to prove that the Earl of Chester however came to Parliament Against Jan. c. p. 17. he leaves out Laici because it manifestly destroys his Whimsey for it shews that all the Laity were Tenants in Chief in that they as a great Council say that the Tenants in Chief did owe no Service But he has another fantastical Notion that this Council in King John's Charter was an ordinary Court. Upon which he has these Arguments which I put among his Unintelligible Vagaries that there was a Court held thrice a year Against Jan. p. 26. which treated onely of Matters of ordinary Justice Vid. Jan. c. unless when 't was united with the Great Council And in these two Senses taken together was an Ordinary Court that the Tenants were obliged by their Tenure to be there Bract. l. 2. c. 16. p. 37. Consensu communi totius Regni introducta But at the Great Councils were more for which he cites Bracton who speaks of several Vnintelligible Businesses for which the Common Consent of the Kingdom was always required That to King John's Charter the Liberi Homines totius Regni were Parties Against Jan. c. p. 5. whereas in truth the Great Charters were onely the Petitions of the People drawn into the form of Charters as Statutes now are upon the Petitions of the Commons drawn into the Form of Statutes and pass'd by the Concurrence of the King and Lords Since I am fallen into the Learning of Charters I must inform you that though the Charter of H. 3. has the inspeximus of Edward the First and is enrolled in the 25th of his Reign in ipsissimis verbis when 't is confirmed 〈…〉 in full Parliament Per commune assent de tut le Royaume Rot. Stat. 25 Ed. 1. m. 38. to have been made by the Common Assent of all the Realm in the time of H. 3. nostre Pere meaning the Father of Edward the First and though as appears in the Statute Roll the Date and Witnesses were of the time of H. 3. yet Against Jan. c. p. 63. this Great Charter was properly the Charter of Ed. 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 Ed. 1. and therefore 't was impossible that any such Charter could be found in the 25th of that King though he Reign'd so long since or indeed that King John's Charter was made by him And there is Demonstration that 't was not the Charter of H. 3. in that Rot. Parl. 15. Ed. 3. N. 150. dor when 't is confirm'd in Parliament in the 15th of Edward the Third 〈…〉 〈…〉 The Great Charter and the Charter of the Forest and other Statutes made by our Sovereign Lord the King

ordinavit quod omnes illi Comites Against Mr. Petyt p. 227. Barones Angliae quibus Rex dignatus est brevia summonitionis dirigere venirent ad Parliamentum suum non alii nisi fortè Dominus Rex alia illa brevia eis dirigere voluisset These alia illa brevia he fancies to have been directed to the Pares Baronum wherefore as they had the same Writs with the Barons and were Barons before being part of the Baronage of England 't is no more than that all Barons to whom the King directed his Writs should come and no other Barons but such as he directed his Writs to and they who were Barons before and called by Barons Writ must by a strange kind of Metamorphosis cease to be such besides an Alteration then being made and the Commons not taken notice of they must have come before otherwise whence is their Right at this day And what other Change could there have been but the bringing in Representations instead of personal Rights and that amongst inferiour Land Owners since the Majores Barones came before in Person Against Jan. c. p. 7. and Burroughs holding in Capite by Representation as appears by E. 2. nay and Towns incorporated not holding in Capite But 't was nisi forte unless casually or by Chance or sometimes other of those same very Writs and of the same Form which had issued out to the Earls and Barons were directed to any other that is in effect according to his Notion unless the same Writs which were directed to Earls and Barons were directed to Earls and Barons which same Writs must have different effects upon persons in the same Circumstances and Qualifications But how can fortè here signifie more than When For being the times when the Parliament should sit were not assertain'd then or since they were to be governed by Chance and various Accidents determining the King's mind But whereas the alia brevia are supposed to be directed to the Pares Baronum where will such Pares not Earls or Barons be found in any of the ancient Statutes of the Realm until E. 2. to signifie the Nobility Dic quibus in terris eris mihi magnus Apollo Upon the whole if eis turn the words to the Dr's Sense 't is manifestly put in by mistake for that Sense would set aside the Authority which even himself receives SECT 3. TO evince the Truth of my Notion that the Commons such as are now represented by Knights Citizens and Burgesses came to Parliament from of old time under the name of Nobles If the Knights of the Counties were Grantz as he would have it because of Tenure in Capite how comes it to pass all the Citizens and Burgesses were Commons when they that came for the Counties were Grantz Not to enforce the Argument à fortiori from the Traders being sicut * * * Malmesb. Hist. nov fo 106. De regis officio appendiciis coronae regni Britanniae Proceres or quasi optimates Londinenses qui sunt quasi Optimates pro magnitudine Civitatis in Anglia This I insist upon that even in those very times when Commoners undoubtedly came to Parliament as now all the Members are called Nobles It was affirm'd in the Confessor ' s Law received by William 1. Debet etiam Rex omnia rite facere in regno per Judicium procerum Regni This very Law Rot. Claus. 3. E. 1. m. 9. Cedula Placita coram Domino Rege apud Westm. de Term. Pasc. Anno Regis E. 3. post conquestu●m 20. part of the Coronation Oath wherein those Proceres are now call'd Vulgus E. 1. interprets when in answer to the Pope's Bull sent by his Chaplain Pro censibus colligendis denario Beati Petri he writes that his Parliament being lately dissolved Super hoc nequiverimus super petitione censûs ejusdem deliberationem habere cum Praelatis Proceribus nostris sine quorum communicato Concilio Sanctitati vestrae super praedictis non possumus respondere jurejurando in Coronatione nostrâ praestito sumus astricti quod jura Regni nostri servabimus illabata nec aliquid quod diadema tangat Regni ejusdem absque ipsorum requisito consilio faciemus This royal Comment upon the former Law shews us that the same Council which was a Council of Peers when according to the Dr. there came the Maj●res Barones their Tenants by Knights Service Burroughs holding in Chief and Towns incorporated not holding in Chief is still a Council of Peers though compos'd of all the former and the Grantz of the Counties which as I have shewn were not confin'd to men of those Tenures And what reason can be shewn why the Grantz of the Counties were not Peers in the Reign of William the First as well as of Ed. 1. That then they were call'd Nobles the following proofs make evident Rex ad Parliamentum West An. 1275. M. West f. 407. 3 E. 1. omnes Nobiles Regnisui jusserat congregari in quo statuta multa ad utilitatem Regni fuerunt publicata This assembly of Nobles was the Parliament at Westminster where the Statutes were made by the King Cook 2 Inst. f. 156. Person Counsel per l'assentment des Archevesques Evesques Abbes Priours Counts Barons tout la commonalty de la terre illonques summons Post pas●ha ad Parliamentum West An. 1276. 4 E. 1. Ma. West fo 408. multis Nobilibus congregatis pacem suam quondam pacis perturbatoribus Rex concessit quintam decimam omnium bonorum temporaliumtam Clericorum quam Laicorum inaudito mo●e adunguem taxatam Rex jusserat confiscari Here the Commons included under the name of Nobles granted the 15th as appears by these Authorities Rex c. Cum Archiepiscopi Rot. Pat. 4. E. 1. m. 6. intus Abbates Priores Comites Barones Milites omnes alii de Regno nostro quintam decimam de bonis suis quibusdam tamen exceptis de honore de Bergaveny nobis liberaliter concesserunt Rex c. Licet Comites Rot. Pat. 4. E. 1. m. 6. intus Barones alii magnates Communitas Regni nostri quintam decimam omnium bonorum suorum Pro R. Cantuar Archiepiscopo c. Let any sober knowing man consider these few Instances of many Against Jani Angl. p. 40. wherein the Commons undignify'd Proprietors of Land are comprehended under words now appropriated to the Higher Order and let him think with himself whether these were all Tenants in Capite as our reverend Author insinuates but without all colour of Reason I must take leave to add a few more Authorities to prove that after 49 H. 3. all the Members of Parliament were call'd Nobles tho that the Commons were there is beyond all manner of Dispute The Statute of Westm. Rast. Stat. fo 28. 40. the second Anno 13. E. 1. upon the 46 Chapter

of the King I take leave to observe that the Right of Precedency from within the Reign of H. 3. nay though before the 49th is no way inconsistent with the Belief that many Lords who had Right till a Settlement then made were left out afterwards at the King's Pleasure that is had no special Summons yet tbey could not be denied their Right of being there in Representation Be it that the Heires of Bigod and himself Jan. Angl. faci●s nova p. 257. 262. were Tenants in chief which as I thought at least I shew'd formerly could not since the 49th have Right to come to Parliament quatenus Tenants in chief yet when any of the Heirs came upon particular Summons to Parliament that is 6 R. 2. cap. 4. All Singular Persons and Commonalties which shall from henceforth have the Summons of Parliament c. the King 's Calling them out as Singular Persons they were to come as Tenants in Capite in the manner as they be bounden and have been of old time accustomed And they that refused shouldbe amerc'd as is the Penalty By Manner is meant 1. in the same Quality Lords as Lords and 2. in that Degree of the same Quality which of old time had been accustomed 3. The Manner also implies the manner of enjoying any Power in Parliament Thus the Lords were of old accustomed to enjoy the ordinary Power in a Manner properly Judicial and that the supream Manner too Whereas the Commons had of that only what was needful to maintain their Priviledges as to the Legislature the Manner was the same Neither was above or could give Law to the other But in the judicial Power in Parliament the Commoners were no more to be joyned with the Lords than with the Tenants in Chief in the King 's ordinary Court out of it Vid. infra in the body of the Book p. since the same Curia Regis delegated from the Lords and answering to that which was pro more us'd to exercise that Power both in Parliament and out of it so that wherever they sate they were in the same Court The Commons could not exercise this Power with them out of Parliament therefore not in it Some will say that no more is intended by this Statute than that every one who receives Summons must come as was his Duty and had been of old Whereas 't is certain they who did not come as they were bound were amerceable before at the Common Law nor was it likely that the King wanted a Law to make good that Prerogative which to be sure he had over his Tenants by their very Tenures and could seize upon their Lands for Contempt of his lawful Power as the Bishops were sometimes threatned Vid. 4. ●ust Inde se capiet ad Baronias su 8. And this is enough against this Author since he makes the King's Tenants in Capite to have been all that came to Parliament even by Representation till the 8th of Hen. 6. Against Mr. Petyt p. 42. which 't is his setled Design to prove though sometimes he contradicts himself and yields that their Tenants by Knights Service came too Besides the genuine Import of the Manner leads me to this sense especially as 't is joyned with Bounden For he who was a Commmoner till the Summons was not bound to come as a Lord nay was not a Lord when he came As appears by the Writs to the Lords Assistants in the same Form with those which the Lords have So that the Statute in my sense is manifestly in Affirmance of the Common Law I shall lay at the Feet of the Lords my Sentiments in relation to their House either as I agree with or oppose one to whom that High Order probably will not think themselves much obliged I shake Hands with him Against Petyt p. 228. and agree that King Hen. 3. a little before his Death began to leave out such Earls and Barons as he pleased but I believe not this upon his Ground which is as if it were meerly from Royal Authority that is the Prerogative which that King had from of Old p. 229. without the Actual Consent of the People For I say 't was given him by Parliament J●es Rep. f. 103. concernthe Earldom of Oxford Princes Case 8. Rep. either in the 48th or 49th Nor doth Rex statuit in the least discourage me in this Opinion being many Acts of Parliament have pass'd with the joint Authority of King Lords and Commons and yet the Enacting Part has had words of the same Import with this 2. I differ from my Opponent when he would have it believed p. 228. supra that Ed. 1. and his Successors observed this constantly or as he exprest the same thing before p. 227. The Practice was then and ever since accordingly And in this he has dealt as unfairly by Mr. Camden whom he quotes as I doubt not but 't will be found he has done by Mr. Petyt and me For Mr. Camden tells us That he has this out of an Author sufficiently Ancient and thinks not that he differs from the Authority which he receives when he says 'T was thus only donec till there was a setled Right And this he makes 11 R. 2. but this the Doctor vouchsafes not to take notice of But how cheap does he make his applauded Reasonings when he would prove it to be thus ever to this very time or the time of publishing his Libel because it was in the Reigns of Henry 3. Ed. 1. and his Successors to the time of that Old Authors Writing who if we credit Mr. Camden wrote before 11 Richard 2. of which he might be assured by the way of Writing in several Kings Reigns respectively to which Antiquaries are no Strangers or else by the Date annex'd in the same Hand But to prove that the Learned Clarenceux knew more of these things than this Pretender I shall shew that Rights were setled for coming to the House of Lords long since Against Mr. Petyt p. 175. But he will say possibly That he has anticipated and evaded my Proof as my Arguments upon the grand Question were in his Belief Against Jan. c. p. 47. by saying in one place Against Mr. Petyt p. 227. In those times probably the King might omit to summon whom he would I think he swarms with Contradictions as a Judgment upon his Vndertaking For he says That by what he calls the New Government 't was appointed and ordained ib. p. 110. not only that the Kings should call whom they pleased Which cannot properly be meant of Calling but once by Patent or Writ and the giving a Right from thenceforth to come afterwards because there was and is yet a new Call to every Lord for every distinct Parliament But he is express p. 227. That all those Earl● and Barons of the Kingdom of England to which the King thought fit to direct Writs of Summons should come