, VMHH.
V 9.7 9. ‘ '

     

According :5 the

  Anfwerefs Principles;
V Made for theé T
P A R L I  M  N T
  ' A T   >
0 X F 0 K D,  

LOA/—DON,

1

Printed in the Year MDCLXXXI.  

 

. '~‘I
   

 1 ‘s '
., 9,
L’ 5 ‘
it it '44:

. K’
I

 //V  ,1 i _ : y
f‘ | .
T H E i

y I Will not iféy the Dr. has followed
the biting Advice of the Satyri{’c,.
Aude aliquid brevibz/4 Gyczris, év careers
V digmmz e  

Si via" e/fe aliquie

 

~(

“ By pemzj/mble Crimes the may to°t take.
After he has taken his demerited Seat in
the Houfla ofComm0m, with a Qfiagififs
rial loo'k,and a tpggfeffnfg preparato-

i “If you’l afi:gure in the Kingdom make, L

ry hem, thus, methinks, he addrefl: hint-

i {elf to the C/mir.

-' Cannot but congratulate our happy

meeting in this Place, where the ZJni- ,

r everflfyi Will teach Loyalty to the rnofl‘.
Fafliaw, and difpofe them to fwallom
down that Remedy, which, out of a

. Q_2 burn-gs

.. V‘.
..  ~§_‘\ \-  _\ -uh-2‘
Va,’-e 0‘ ...:,_E 5... ' lY1""“

, .

(9 )  
burning Zeal to bring into the Wotl
tbmething fuitable to the Dignity of my

1§);gfe[fg;’g place, I am eager, and all

f A Pajfion to communicate. My fientenp,
in ihort, is a Lenitioe to cure the raging
heats of infolent Par/iomentx, which are
too -apt to value themfelves upon their
pretended Antiquity.» t ‘

Lmerto ' Not loving Idlenefi, at 7}dCd7Zt’tZ.7/165'

the Earl fromfizzdy, and Praéfice in my Profeflion,
2:rS”“f"‘  oo o eliverfion ) Ihave with great In-
y° dufiry, and'I may fay it, fome judg-
ment, examined Thing: done in this Na-
tion more {Ed}? 4 ihonflmol year: by pafl,
with ca corztimmtioiz of them until three or '
3 four hzmolredyear: lofl efilizxeol.
o Though there are ieveral Lawyer:
Againfi-_ here, yet they have fludyfd, and know
Mr- WW: ozeely Popular and Lzwrotive Lovoymd not
‘ 9'29‘ the Coiiflitzttioizs ofthe Nation hefore their
- own time. Concerning which, theymay‘
be content to hear my Reading.
~ The Records which they open, are
4 of a nature far fhort of thofe upon
‘r Manpm», which I have been poring thefe fixteen ,
' f€Wb°V€ years: Not Inuit they pretend to that

§::~:nfl acquatntatice which I have with HIPEO-=

 Mr.Petyt, mans, whofe Authority, Ican-, by
p. 18;. _ _ _
No beeolto be taken to the old Monk; and Hzflorians. to. p. 16. in Marg
to the fame purpofc. '1’a.p. 43. e ~
  feed-

C3)
flzgaciow Inventions, advance, or deprz.flr;
_as‘I fee occafion. T
i ‘ Under -the Saxon Government, the P-5-
People were fo far from not having their

Vote: and./hare: in the je C onncils, 35 9111}?

\   they baiieioiteeintljem.

If any more had, they were the
imiefig, but the Princes, Great Officers,
and Leaders, had no Voice: at all 5 for,
if they had, ’tWould have fpoi1’d the
fingular Denzocracy,

Of the many Council; by Mr. Petyt cz'-» P: 13'.‘ ‘_

ted, there 7': not to he found the word Po-
pulus, in the Title, Preface, or Body of any
of thern, except in that _/Ionrioz/4 one of
King Ina : ‘Yet, now I bethink my felf, p; I 5.
King Edward, firnanfd the Elder, ml:
tea a %‘>\_i}IIDD of tengutu mebiiity.
wherein Plegrnnnd prefided: Here his
own Author tell: us, in em wordy, the
meaning of the long ‘Title of this Synod,
which  before he had mentioned, viz.
That the Bfioopt, Ahhotc, Fidelet, Proce-
re:, and 131319111315 were all Ne/hi/er, N0-
blemen. Whence fame will infer, that
inferiour Proprietor: were there as Nobi-
ler, but ’tis Without all colour of Reafon.
And in the Grand League and Union ,
hetween the Brittont, Saxons, and Piéfs, and 9_ «
Q3 

lbid. p.8.,

l (4 )

‘ yer Commune Ctoncilium, 53“ aflenfitmoaiz.
1 mm” Epzfcoporum, Procemm, CeIfiz’tum-,
& év omium Sapientum Seniorum év was
 ajpulgguma the Sapientex, Seniores‘, and
Ii

l

gggpuli, are the Bifhiops, 1393135, and
«Earle.    

§b."p.Io- The Generali: Senaifis, 6'» wgpuli
 " Conventm, @ Ediéium, is therefore the
t Aflembly and Statute of the ®g£a,t

 l mu. 2    
 H lb. p.‘n3 The Law made 2; Rege, Baronibw, €§'
 lpgpuig, had the like Legi/Zatorsg and,

M n Agfllnfil I do affimit, that the word {gagging

V I

yr .:PM,r1°I;fm’ 72? not to be found in any oftkefi>._
‘ 55,92, L Thusl have Wonderfully dlfcovered

the zmfozmdzzej} of Mr. Petiifs Aflertioizx,
(though it will be objeéled, I have
jzmapt over jéveral Arguments, and they
material ones) concerning Great Council:
before the Conqaefl. Upon which, it
follows, that if the Populw were ad-

 

« mitted after, it mull be by the bounty  

- of the Comlmermaru who might, at plea-
l flare, revoke his Cencefliony. For the
'l P7 24- Story of Edwin of Sbarnbern, fuppofed
to have enjoyed his Lands, by .3 Prior
Title, .’tis 3:.‘ fcmaom Legend, and trite
Fable, though he had the Kings man-
dat for Reéofyerlng his Ellate. "

Sir

- x

I i (5) -  

Sir Edward Coke, who, to avoid the ib. p.;o:
evidence that our Englifln Law: were the
Norman Lamr, filid, The Law: of Eng- Againfi ~
land are Lege: non fcriptce, laid it preca- -7"g”‘9""‘
rionfl, Without any Foundation or Au- ' 9.
thority. Befides, ’tWas. ridiculous, as if
they Were known by Revelation, di-
vinely caft into the hearts of men P

Though fame may impertinently ask
me, Whether there were not Law: be-
fore‘ Writing, and that without Revelati-
on, or divinely cafiing into the heartxof
men? a i . ' ‘ s

But that, ifaflirmed, is a palpable and Againfi
grofi Error. , Mr; Petyt,

What though that Clergy-nzan-Lawyer P‘ 157'
']Bgaffo117agree with Coke; yet hefpoke
out of Ignorance or .l)8_/lg72,‘WhE‘I1 he laid,
Ahfitrelmn non erit /ege: Anglioana: ( licet Emfizm.
non fcriptax) Iege: appel/are. V at 1' I'f°1'I°

William the Conqaeroer brought in a Againfl
.New Law, and inzpo./eel it upon the People. M“ PW“:
The greatefi part of the Antient Law, as it P‘ 29' _
was brought hither by the Norinanx, wax:
exaéleol and ohflarveol by, and upon, only ib.‘,p,. 4,3.‘
the Nornzarzx : For the Engli/79, they had i
no Properyr 01‘ Right: left : And {O W616
all Ontlazw.

Q_ 4- _   This

9-‘ 176.

'p.33- French, Flemingr, Airjovim, Britcxizzr,

p.39.   matter oEFa€’t, when i‘vvorn upon COIII?

C6 5
This momefnay-Book in ever} Comic
,1} fhemr, ‘t/rough, ’tis féid, feveral Englifh-
men are there mentioned,-holding by Tis-
tles not derived from theConquerour.e
And, fora farther proof of this, King ~
‘ Wz'llz'am’s Law‘ to'all the Freemerz of their
Whole Kingdom, was made only to Te.-
,-,_b_ P, 39; nants in Military Service, which were

Peiéfoviizr, and People of other Nations.
d When this King, in the 4th%of‘ his
‘Reign fummon°d Angler Nolailee, 6*» Sa-
pienter,  fin“; lege emclitor, to give an ,
account of their Laws, ’twas a gijam
gmnmgms, for no Eeglifi were No-
1516:, nay,i none Werefomuch as Free-
Men," but the Foreigners, amongli Whom
William divided the Kingdom, and
therefore Strangers that had their Efiatesl
came in their fieads, and gave an Ac-.-t .‘
count, upon Oath, of the Laws before
their own timeg as they us’d to do of

mon Juries.

William the Second, and Hemy the
P- 5?» Fitfiz were Zlfi1rpCr.r and Tmz'tm~.r, not-

Withfizmding the Peo;>ie’s E’e.r§i"ie2zr.
Q::i;§."lj:3:7,‘%.§5 £1\4iid';§:ii,(':3fi'§;3?;,E£§;§§’37 are to be un-e
d€i‘iiO{')d oneiy of Tenants in C./zpzle,
116‘,-

_ 

I C 7 )
never of the iizferiozzr fbrt of People.
Wherefore, they dote Who firy that
K the inferiour Clergy, nay the dignified,
not Tenants in Qfia its, came to Great
Cozmcil: before 4.9 . 3.

‘ It’s very true, that in our Ancient Par- Again!-I
liameizt-Rally, the Knight: of Shire: -are 7”’ W‘
fometime: called Grantz des Counties, 13°70’
or Great, men of the Cozmtierg and well
they might, for, without doubt, they were
mofl commonly the greatefl Tenant: in Ca-
pite under the degree of Baron: in each
County. And, for evidence of this, Againfl
the Great Tenant: in Capite > that were M'°1;”7’6*

770 Baromg and, perhapr, _the leaf?’ Te- £11,117’,
, 714771’! in  Capite, in the time: of Ed. 3.
and Ric. 2. are wild autres grantz,
or Grandes, autres Nobles, which were
a'15a‘mng, 231:5 called by the ,Kifig’J
, Writ into the Lord: Houfe at pleafure, and
omitted at p/eafirre. Wherefore, ’tis to
be obferved, that the Knights for the
- Shires might Well he Noble or Grarztz,
fince they were caIl’d fornetimes to fit
in the Lords Houfe 5 And whether they %
that were chofe for the Counties, and 4
did not fit in the Lords Houfe, as Ba- ;
, rom Peero, Were Grarrtz. 01‘ Nobles, per- J

haps may be a Qlefiion.

As

 

GNP. I 3.

C 3 )
’ 'As a choice piece of‘L'earning, I mutt
acquaint you, that though fometirnes
Fidele: fignifie qtti in Principh‘ alictzjt/4*

potefiate, @* ditione fimt, gm’ wtlgofizhje- ‘

632' appellzmttzrg Subjeétsin general gyet,

e unlefs there be fyecial matter to fhew the

Gloiip. 17.

‘_ .

contrary, ’tis meant of diaflaig, who,

having received Fees, are in the Retimte
of fome Patron or Lord; if in the Kings
Retimte, they are Tenants in Capite. So

when we find Writs direéted, Ozmzihw V

Chrzflz‘ Fidelibtki’. Here,When there is no
more Suhjeéi‘ matter to determine it, than

it. when ’tis omnihw Fidelihtkf Regm‘, they  

i muff be our Saviour’s Tenants in Capite.

Againft
Mr. Petyt,
p. 12 5.

Againfi:
5/ant,
-‘p. 7 I.

firztré’ They tflufl

When the fggm of mate, inthe 

48th of H. 3. Was by the Aflent of the
King, the Bzfl)0p.r, and the whole Qtomz

mtmitp of the a1s‘ingi3om,wm any mm A
ft} the Earl: and Great Barom ( thefe

Tenants in Czzpite ) game not their C072-
were 4 part of the whole Commmzity of the
Kingdom. ’ ,
And indeed, to {peak the truth, it is
not denied againft me, but proves their
Notion to thofe ‘Untvaryi Readers, Whom’

they feehzce to have forne good 0pi72i072'()f 

their Fmm.

Though .

he included in, and h

1

C 9) e  
Though that fogm of page is faid Againff
in the Record to be Aéfum in pfltliz Mr-Petyt;
(ammtg London, yet the Prelate: and P°2°8°
Borom were fuch as fided with .Mo72t- p. 120.
fort, and the Qtommunitp was the \
Body of his Army, and the Citizen: and A
other of the Faéfiont they were not the
Commmzz7t_y of the Prelzzter and Baron:  
onely, as at other times.   Nay, here
Were the Citizens and others befides
the Army: And yet the Commmzity or
_Boa'}/ of the Army, took in all befides
the Prelates and Barons. i
And this muft needs have been M,z,_ WW,‘ P_ g94_

the Arm} , b€C3.l1fE ’tWaS after P0/iecz cofz1{e7zi272ti-
x their work was over, that the Ail  I§:’;‘d’“;rf:.:“’z.‘;:
i Iembly at London Was. And the am}, qoie iqgggmfu-
Army it tnufi be, though ( as ”?’,"‘”“ ffdifiv 6"“-
’tis idely objeéted) it is far from Wmaptmm’
appearing that all the B2:/hopy,

Early, and Baron: which contented had

been in Arms. V

a Though they thatwere of the Fa€iti-

on, as is ufinal, caba1l’d together, and ,

as tome will thy, onely refolved upon

i a What they would prefs the King to,

they hereby Statzteba77t,@~c. madeLaws
{before the confent of the King, and all
a the

A -p.26.

,p.125.

  C 10 3 i

"the Bzfhop:,.Earlr, and Baron:, and, it
{hould feem, before all were aflembled,

or could be 21 Jjaatliament. i 3

Agfinfi And ( which fuch as never intended to
jun. ac. underfland will make a Wondring at)
the Community was the Body of Mm;
Againft fort’s Army, and the Citizen: and others
ML 1W1’: of the Faétiong yet here, at this very
time and place, the Community of the
Kingdom of England mufi needs_be.the
Community of the Baron:, and Great men,
Tenant: in Capite hy Military Service, and
‘ no other : ,Not “onely becaufe here was
r i the Body of the Army, and Citizens, and
other: of the Faétion, but becaule as is

clear from an impregnahle inflance,(viz. of ‘
the fime kind of Council which fent

the Letter to the Pope irrthe Cafe of  

HAdomar or Aymar de Walentia ) lbefides'

p.126.
the Earls, Nohlemen, or Barons, Great

men, there were the Tenantr by Military , .

Service, that heldof, and attended the
Barony and Great meng, and when the
Kiiig faid, that though He and the Great
  men fhould he wz'llz"ng that Adomar, who
withdrew himfilf out of the Kingdom,
_/lwould return; tamen Communitao‘ 7'1),/it/4‘,

which is the Community, notehis, would»;
not fufier his coming into Englandg the
Great

  (11)

Great men were the iliittgfi jftimflfia 9- Im
rile Community 6731 Enemies.

.“So that here are two Armies, the
“ Great men, the King’s Friends, on
“one tide, and the Community, his Ene-
“mies on the other, which is juft fuch
‘‘ another Council as that in the 48th,
“ yet, without olonbt, none of the King’:
‘‘ Party or Friend: were there. R°‘°P‘"I'

about fifty years after, we find Petiti-
ons prefented by the Clergy, temporilnar
progenitornm no_/Zrornm qnondam Regnm
flnglice in diver/3: Parliamentik. Which Againfi
\ includes the tirne of H. 3. Grandfather M';’2°:‘J"”
to Eden. 2. At leaft, this was meant ofP' '
feveral Armies, and F0 was the Parlia-
mentnm Oxon. but fix years before the Again“
Military Parliament of the 48th : an M"P‘t"”

fitntp being 21 teariiament in the N92’

time, that is, a great Aflemlily, Conventi-
on, or Meeting of the Faéfion and their
Army. And thus, in the goth of this , h
King, the Parliament is Call’d the Uni-
zzeifity of the Militia, that is, of them

agar’ militare jizrvitinm deoeliant, the Mili~
tee é” -Fideler. -

it

Though in the Articnli Cleri 9 Ed. ',E5',_ i

finfe and general nfi: of the word at that ii» p-18;;

  ‘.442 - . -
m,mfi,:z,,,,- And none but Temzm‘: m Capzte were a

(12)

[It feems, in many of thefe Parlia“  

merits, or Armies ( chufe you Whether)

the Clergy, in their Canonical I-Ia-A?

bits, addrefs’d themfelves to the Mili-

tary meng upon which fort of Par-
liaments, they could not fail of pre-
vailing With their bruturn fitlwen of Ex-
communication, and Ecclefiafiical Scare-A

T 9 r crows. , l ”
f,§‘'‘,§g‘ ’ What, is Pet}/t fo ridiculous to have

- 1'47: . .

p. 135. the fiflmmflng an eflerztml part of tbe
Parliament from Eternity .3 °Tis plain,

that the QEm’1I‘|‘[I0t15 began by Rebel-

§V«;;a- To lion, becaufla their Confiitution was not
C CH

 in their hands, " or prornis’di to them
§b,p,225_ then, but began from the Kings plea-
t firre, when the Rebellion was over, and
the King was refiored to his Regality,
13¢ magrms pertztrlmtioner, ("fir warmer
vexatione: inter ipfizm Regem,  Simonem
de Monteforti, «fir alias” Bdrorzes, meta:
6" fopitrrs.

rempeW€- Barom before, becaufe then, and not

:,ifcf"‘1”” before, the Word Bare became a worcl

P‘ 226’ So that, before ’tWas fo appropriated,
more were Barom. ‘ What

forc’d by the Baron: with their SWOrdS7~‘

Againfl of greater Honour, that is, appropria-gs ti
s Mr-PW» ted to Tenants 1n Capite or their Peer: 5

('13)
What though, in the Letter to the
, Pope, the jjfigbileg portnmn maria hahi- j'a2zi,cfJ'e..
Wares, mm” alsleruz 6“ 1E>onulu6 P‘ "W
. flinibetfug, are named, yet thefe troup Againfi ,
R of word: were only to make. an Impref M‘~P”fl'5
i fion npon the POPB5 Who, good man 11)‘ '
I knew nothing of the Englifh Confii-
tution, or What was done here, but
; would think all they were aflembled
in fuch a Great Council aseother Parts of
J Chrifiendom then had.
, I fhall not fcruple to difcover fome
myfieries to you : The Liheri Honzine:
were Tenant: in Capite, or at leafi, their ~
‘ Retinne and Tenant: in Military Service, 51059.2;
which were with them at Rnnnetneole.
Thefi: liheri honziner, or Free-rnen, were
the onely men of Honour, Faith, Trnfl,
and Reputation in the Kingdom. Thefe
were the Free-men which made fneh aib. p. 27;
or} fbr their Liberties, ao appear: hj Mag-
na Cbarta , mo]? of which is onely an ;
abatement of the Rigonr, and a Relaxati- 
on of the feudal Tennret. A ‘

 

, . 4?

'1» A Nay, t1s to them, thefe Free-men, Again“ 
onely, that the Grants Were made :Mr.Petyt., ‘=__

1, They that are there mentlon d_, hO1€1lDgI1;'i3fI}ing 
of the King In Fee Farm, petzt -S'er]ean- _7o;m’s 31

y, free or common Socage and Bnrgage,Cha"€Fv

held

g , C14 ), ,
J4#-P-18I?held,not fo : But they all held by?

Knights Service, and to were the

King’s Barons. . Of theie Bnrom, fome

tnight be V?!/aim, for that a Tene- .

nzent or Poflelflon neither added to, or‘

GI°f'P'i°° detmffed from the Peifin of any noon, 

free or bond, according to his Blood or
551,, 30, Extrotffion. Nay, the Freernen, or Toynr
T /aeynr were anciently no part of the
Kingdom, for that was all divided in-

to eFrank-pledges, of Which there Was g

to be a general view in the Sheriff’s
Tourng but thefe Frank-pledge: Were
all pitiful Fellows, bound with Snretie:

to their good behaviours, which the Tllejns ,
were not.. In after times, fome might 4 l

Wh' h .
anfwifir his have had particular Charters of Exem-
quotation ption,‘ or e1le,generally fuch of them

°“‘°f as grew to be Great men, were excu—

Briton.
Glof.p.31. fed.
Againfl Whereas Mr. Pet}/t contends, that the

Mn PW, liberé tenente: de Regno came to the Great
P°’77' Councils, ’tis a giddy Notion. Whoe-
ver heard of Tennre of the Kingdom?
“ Though indeed We find in Donzefdo}
“ Book, that fuch an one holds de Co-
“ nzitatn. e
E‘1€l’::f°"". But more directly to the point. Such
ca/g,Z;,,,,, a Callle efi de Regno Anglin non fid2j‘o-
de Cliford. get

 

(’ I 5 )  
eet‘ aliozzi Hzmolreelo, rzeqzee qt‘ z';z cog/;‘,g;
tudirze ulla. And, l’l’l Warrant it, he,
with his oleflgfiirrg Interpretations, will A8830“  

render it, That this held * notof the M’iP*-W3

Kingdom, but that it was of it, or-.in it, ° '
and fo were the‘Free Teaa2zt.r. But, to
load this Opinion, according to the lite-
ral meaning of tbe words, wmmg fig
Re no, wbieb fometime: occur,» all Copy p. 1874
lrol ere, all T raole/men, all Bomlwen and
Villaim, and all Servarztr, were Mewberj
of Parliament. Yet,there having been no
Reprefentatives before 49 H. 3, 311 the
Iababitaat: of Cities, Burroughs, hold?
ing in Capite, or C/aiefiand ieveral Towns '
Corporate, not holding in C/ozefi came
to the great Council: in their own i Per-»
fans, which, forne will fay, made a great.
er Body’ than the Izzferiozzr Proprz'etor.r,n
and the Reprefentatives ' of thefe Pia-ii
ces,' and were Perfims of as mean con»
dition.

For the flogng themfelves, they have
no better , nor earlier Commencement Again“

than the ‘dfommone.   - Mr.Petj£.

What King Henry a little before bio P‘ 228'
oleatb begun, tlzat 73', to call flzcb Earl:

and Barom, qua: dzgnatm fl, flee!) 4: /Je ib. p. mg.

pleafietl, Edward the Fir/I’ and bier Szzcoef-l
- § R ' D/or:

 

t <16)    
' for: confiantly ohfiarved. This was the
Qgéllgohui Ccmflitutioa of the I-Ioufe of Lords, (the
Barons, Lord: made the Commom, and the King

,Wh° {'4' made the Lordr. )

med the

new Government. p. 210. ‘

fifiaigfl The King: fol1oW’d Montfort’s Pate
P, ;,;f”’ tern, for calling the Common: to Parlia-
mem‘. Which yet was -not Moatforfs
alane,~for they (the rebellious Barons)
P-2I°- ff'am"d and fit up the new Governmyezet :
After which, they feat out Writ: if: the
Kings Name, to fummoiz a Parliament,
with Commons as Well as Nohlemen. And

€Lff::’l“”’ yet, (according to two Authors, Whom

P 225, I receive) H. 3. fet the Pattern, Who,
  CottIm,ci- after theWétory at Evejham, wzfelyt hegan

-mdP'228' in This what his Suectaffors fartaazately fi-
mfh’al: And the Kings begmnmg this,
Was a Reafim why thafi: King: follaw’d
Mo2:rtf0rt’s Pattern : Though °tWas by
the Power of Moaztfort alone, that is,
of him and the other Barom, that the
Common: were let in tothe great Coun-
cils, to Ieflzn. the [trength and power of
the great Lords, that is, their own firength
and power: yet it was by theKz'z2g’s

  Authority 5 though ’twas before the Bat-
tel of Evefham, when Mcmtfort prevail’d,

yet ‘

;     e <17)
‘yet it was done after, when the Ifing.
recovered the Regaliry.

I {hall come now to the pasrticuldr’
confideration ofjarzi Anglortzmt facie:
mm.

The Author sof‘ which fufliciently
fhews his {ant-afiicalnefs, in the Titie-3
of his Book, 74171‘ Azvglomm facie: floa-
-zza «.’ What, becaufe his Skreds of A22-
tiquity are thought doubtful, by fome!

, taken in one fenfe, by others in ano-

ther, do’s he therefore make mm /22}

» fiom of his CompofitionP He had as

\ good call it a Spread Eagle, which looks

both ‘Wayes too: Iam fore it fuits

better with my Book, which is an /7r'g/5
Fljer.   4

His Allufion to Seldezfs jam A;2g/as
mm faciey altera, will not juftifie him,
fitnce that Antiquary was ychiefly con-6
Verfimt in Popular and Lucrafzéxe Law.

Befidest, the Title imports the Nozel-v
ty of his Opiniozz, though, perhaps, he
would have us believe, that he puts a
New Face upon thofe rnufly old things,
which have been thought to look with
adifferent Afpeét. Nor can he fhrowd;

 B. 2   hirne

(18) i »

himfelf under my Title, for mine is I

an old Face, which has honourable

Sears and Flaws in it, and a Profeflofs  

Afpeétg And they underliand not Rai-
lery and ~Fz'gure,a who obferve not how ‘
I expofe him by the Allufion. e   ’
3% /mg!’ He Wlll have it, and. brings many
¢»,.,,P_,2, Arguments, among[’t which, the Judg-g
ment of a Whole Parliament of that
famous King Ed. 3. but that is not I7z- ‘
fallihle, that the Common Council of the A
Kingdom, in King j‘ohn’s Charter, is,
onely a Council for Scutage, and Aid
granted by Tenants in Capite. Where-    
  as Aid fometimes fignifiesfizch as to be
g {me is granted by the greateft Council, " V2,,‘
Againfi; and therefore does alwayes. Farther,  
74715 ‘I'M What need was there to have theCaufl3r
’:',I.°’"’ of Summom declared, if it Were onely
about Aid: and Efcuage, or other ordi— J
nary hufinef: of eourfe: though indeed,j
Whether it waslfor Aids, or other Bu- «
\ fz’m3fi,migl1't not be known Without this
ib.p.12. ®et1atat1on-  

Lafily, If all Proprietor: were Mem-
her: of the Great General Council, ’tis‘ _ «
firange there jhould not have been the fame 
care taken that they might be fizmmoned. ' '
  Alas.

 

H! N

i g A ('19)
 ; Alas! What fignifies the Promfzbn of
V _ .theCommo7z Law?
a But he brings an Argument from the
  :.Earl of Cbejiefs being a Cozmt Pala- Againit
tine, and not fubjeét to the Feudal ’7f"’2‘O“_""°
Law 5 Whereas he Was a feudal Tenant:
«Though, I mufi confefs, the old Do- gratin’:
rtarrd Bméion fayes , Comite: Paleyr,
Counts Palatine, have Regal ]urifdi-
étion, falvo a%/m'm'ot Domino Regi ficzzt
Principi, faving to the King his Domi- s
nion as Prince, not as Lord of the
Fezzd. Befides, in one of the‘Q1_1ota-
tions which he brings to prove that
the Earl of Cbefler however came to

caeufé it mczrzifeflly ;deflro}I: Zn’: Wbimfiy:
for it {hevvs that all the Laity Were Te-
mmt: in,Cbief, in that they, 44 4 great
Cozmcil, fay, that the Tenants in Chief
did owe no Service. a   ~

But he has another fantaflical No-
tion, that this Council in King :70/m’s
Charter Was an ordimzr} Court. Upon
Which, he has thefe Arguments, which
I put among his Unintelligible Vagarier,
that there was a Court held thrice 4 Again“
year, which treated onely of Matters
. . i R 3 of

p. 17.



"Parliament, he leaves out Laici, l2e- Again“ 
]mz.2"9"(.'.

Jaw. p.26.

> C 20) h A
974- 133- of ordinary j‘ztfiz'ce,' unlefs When ’fwas
‘W’ united with the Great Council. And

 

in thefé tW0 Senfes, taken together,

was an Ordinary Court, »-that the Tenants
were obliged by their Tenure to be
BmgJ_2. there 5 But at the Great Council: were
C-I6__.p.g7. more 5 for which he cites Bra5z‘on,heWh0

=69”/g”fi‘   fpeaks of feveral ‘Unintellz'(_gihleeBufinefT€s  

 for Which the Common Conjent ofvthe
:,;:”"‘0‘5"' Kingdom was alwaysrequired. " T

hThath to King e f7ohn’s Charter the

Liheri Homines totim Regni were =Par—-

ii:-5f=fl_ ties, Whereas, in t‘ruth,o the Great Chore

1515: °' fer: were onely the Petitihon: of the Peas-

fitamteg now are, upon the hP‘etit~is

pie dramziz into the form of hChorz‘er.&, 

0113 of the Conzznom, drawn intogthe

Form of ®tatuteg , 7 and paI§,’d~,e :b'y'   1 

the Concurrence of the 4KAz'h.ng‘ and
Loreir. h n  h . 

Since} amhfallen into the Learn.-
ing pf Chzzrtem, I,mufi inform .y;ou,

shat, though the Chohrteirf of  ‘has n
the _2‘nfi>exinzz/4 QfEo1{z;?ard4theF.ir‘[’c,and   e
is enrohed in the fzgth of h§’S;"_ei_1?yei*gn, .

iii .ij{@j3en‘: ez'¢.I’h?':f;e Welleh ’ot_iSh"h' ednflme

ed

 

L _ __,

  oraamraxhe Third, a    -

     , (91); A  
eCT,""?a"i1CI"tCTec1a’r  Kiln g in

 Parliamern, ”  ’.b€€[] Per commune aflmt

Wmade  the  Aflém of ale tut le Royamr.

' Rot. Stat. 25 Ed. 1.

 alltlze Realm, ‘in the time of m. 33,
 tH.1t3'.‘7f20flre Pm, meaning the
-Father of Edward the Fitft 5 and t

thcjugh  as appears in the Statute
Roll) the Date and Witnefles were
ofthe -time of H. 3. yet, this . Great Againfi

' p. 63.

or perbapx, rather bit Explication or Err-
Iargement of that Charter of King John,
and H. 3. for we  not the Great
C/Jarter, either of that, or ‘King ‘John’:
Farm‘ 2'12 any of the Rolls, zmtil the 25th
of I. and therefore ’tvvas itnpoffi-%
tble that any fi1ch' Charter "could be

 " found in the 25th of that King, though »
% . rheRFeign’d F0 10mg fince, (or indeed,that .
% King .3‘ok22"sCh%z1rte1*,;vgvasmade by him. ) t
r e And there is Denaonflratimz that °tWas Rot. Pm,

not the Charter of H. 3. in that, when ;J5*f’1;3~
*tis C0nfirm°d in Parliament,  the 15th do‘-,5 ‘

   

F

 

 e Charter was properly tioe” Charter of Ed. I. 5"‘"° ‘W’ 1 V

   

    

i Tnhcf tC}3;rea(t-:lCh:lfteri% 7 ' h. J .,i ii ‘Ca’,
i -a :3 were  ' ~  -
the Forefhand other that’; twas mad‘:  :12 330?? .
  §;a;:::::h:‘:rE.y$.:: teem, ee<Iconrmtweve ta
. King,a§d his Proge-. ‘ tetr.e>ea5ii0:th—€rA Smmtgfi
nitors, Peers,:md the aftervzards, even 35 l3'[fi:€,’..43S_
€:tnT1d!‘t10nZ:a/Zd(Z)f S21: Edward the Th1tdfi,,d‘and,;_.I T ’ 
_35Ed,3_C,,_ ope,_l have fans” everéy
W t . e Body, that the Com/;2qm,%. In
 the fienfle as ‘then taken, came not to
iii . the Great Cozmcil: till the 49th 055.7. 3. ‘
l’. VVhereas* the Charter ptetends, at the
s

 

end, to have been made the 9th ofthat
King; t % A    %
% Nzity, there is this farther Evidence, ‘ L 
% that the Charter of Henry the Third 
i was not made in thegth of Henry the ‘
is; Third, and therefore not till the 25th
1:’; of Edward the Firfi, though chonfirimead
in the 15th 5 which is, that Matthew
iPeari.r himfelf, who explains Record:
better than they can explain him,Vagrees
\ M¢t.Par. that ’tWas made prcefentibm dnftg cfif

5':/1.-m‘;iil;¢?1zri,  L rgazzdgndtibw Regioflfi. 30
..° 3 -0 T T - V . . ‘
rim.   ‘ ' '

    

    

 

“ de la terre’, were the Gte4tj¢z[e2z,' Tenants
 [in Capite.  --  ‘ my  A ’ .    
 (1 The Author, whom I now panimad.
" verth upon, has a,«;Nonplenfical Argu-

.m€nt,‘p,tha't~   there were Others obliged

V   ;befide$Te_nantsin Chief; and that were, V

Coz'mc_z'l'eof the Kingdom, though not °"°‘Y°
upon the accounts mentioned in the
  Charter 5:As Falcatiwp de Brent, ’Wh0, t "

" by reaibnb of great Poffefiions, was to

j C0335: etiam non hotatus, and 16
without the forty dayes Summons re- Ja,,,P,,3;
quired to the purpofesp thereomentié
boned. .I h 1

 But this his premriqufl} fiid. So he Ian,z’gv5_
would alfo prove from the Charter ofP-39- .
H. I. that they Who were Members of
the eCozmt}/ Court, Were to be fun1mOn-

_ ed to the Great Council upon the King’s p. 34; A
neceflflary occafions, or de ardmlv. But Jm;,p_, G
in this he cheat: and alauféx /973' Readers, Agaiflfl
he produces a Statute in the Year 14.27, i;’§'g_'g::,'
(which E1113 Within the Reign of  J_an.e’a~c.
of the Neighbouring Kingdom ofScot- P- 243-

 1mm’, Where the Feudal Law, to be

.~ Afure, had as great force as here, -which

I flhews, that the Free Temmt: came to

  e T o their

or bad A. right to be, of   the Common Not 1-‘a I

m. @-
pm, heap‘;-it).  

 4Z3“(.'Q
 214. L

7 Jan.  _

1).; 241.‘

onely with the «ztommunitg of they

fiountp. ,

‘ gh he cites an exptefs Record,
befides Tenants

in Capite, two others are fummoned for -

  

i( 24)

their Parliament: in their own Perfons.   9

But the Scottzfb Government neither
was, nor is, 'the‘Englzfl), any more than
every like is the -fame. ‘

 a  He fheWs'us,{that the Nobilitzzs, 190:-
Was confulted about ~

enry the Fir{’t’s Marriage, but he
was an Ufizrper and a Traitor; V

3- -He urges, ‘ that Tenure in Capite was .
pleaded off, “asa burden, which would
'not“have been, if they could charge
“the rePt in Parliament;

pleaded, that they could be Taxed
tThou
before 49 H. 3. Where,

every County, to grant a Tax, I an-

” fwer, though the Queftion is of F46}

ronely, that is,

Whether more than
Tenants in Chief ever atany time

" before 49 H. 3. came to the Great
  Caztmilr, yet the Hiftory of this time

and the occafion of this Writ, will.

give any reafonable man fatisfaétion
why they were fummoned, which is,

in effeét, that they were not futmmonid. <

And

fame of which t

J

‘P

I .

55 i r (25)
” And indeed, this is a Way of {ham-
rning a A Record, wlhichil earnefily re-
commend, having often try’d it with
Succefis 5 ,Witnefs my turning off ano-
ther Record With the Authority ofAgalnft N
Mdftb. Pzzrir. ‘ V   ~ M"81"“’95
Whereas the New F ace-maker takes P. I 3"
notice of the Complaint in a Parlia- Jan-W-'.
ment lofHem~y the Third, that all were P7 24 "
not called according to the Tenor
 Magme Cbartae fme, which he contends
l to be Hemjy the Third's Charter; And
therefore that they mult refer them-
{elves to the Claufe which provides
for the Liberties and free Cufiomes,
even of the M1159. Henry the Third’s
    Charter was the fame with King 70/m°s Agalnflj
and with Edward the FirPc’s5.bythe 7‘3"’P°'5“=
lalt of which, the V71/4: were certainly
provided for : But the Claufead /9419612-

l

I ’ . o ' a 0

f cizmz Commzme Corzcz/221112 Regm Is one-
l

ly in King jo/m’s5 which is an Argu-

ment againft me as zmintelligibie as that

]l?I.4g:z..e Charm fzéae, Was, of the then
~" l’§Li:"'g’s Great Charter. e
Thus I have taught this New Confli-
A 51117072 and Upltart Society thofe Weigh-
‘ ‘ ‘H’ Truths, which had never blelt the
S7,‘?

w arid, but for my painful Search.

I C Mr.

'.'\ ‘_'.
Tau :,
,«¥".m _

n

e‘'-’;.’jj;‘ — ‘
 17*‘ “4  vuheredase t
‘ of that King, and even 0

.1!

~‘ ‘:5 ..
.,£ ..

r~ ’
C
\ \ -.

Agéfinft
Mr. Petyt,
p.252.
Berizers
difchar- .
ged from
being Kai

 

 t (a6)h
   ( em. %ptak8t, >

F .a That we may not be too much hum-
. bled upon thefe Difcoveries, we mufl:
yconfider, that the Houfiz of Common:
‘ began in the 49th of Henry the Third,
he Lord: came at the pleafure
f the Succeil
tors of Ed. I. and fo are a much young-
er Houfe in point of Settlement.

L And, . that no man may wonder at

.114

this my freedom, I muft let them know _

thatl am not of an Englifb Extra€’ti-
on, but, by-the Father’s fide, defcend-,
ed from a Noble Poiéiovim and an An-
jozain on the Mothers, oi: fome other
who came in with Wz'llz'am the Conque-
rour.

Myrmidonum Dolopzmz we, 4

e le: Ulzflfx.

And befides, am a Tenant in Capite, as
Head of a Learned Society, and alfo,
dc Retinentia Regix, becaufe of a certain
Honour under him obtained by a fpe-

ztt dztri Mi-

cial Mcmdaim/4‘ : By reafon of which,

ght of the Shire becaufe de Retinentia Ragis

. I conld

«gk

._»

\
!

(27)

I could not by Law have been here,
unlefis it had been the Kings Preroga-
tive, that Who he pleated fhould be of -
the Hmifli 0f Commam, as Well as the 
I-loufe of Lord:: And indeed the Law p. 249. 3
may Well be difpenc’d With, for the °”‘K"’W
fake offo much [Ifeful Knowledge as, ’§§”§£‘f”£‘;.
l have communicated. And thus ’lil2e-h ’”;‘“°“’4
raw" animam wezmz. . Skew;

.   fiuflitum admzfli rzfimz teneatix amici !

 

 

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