sua si velle Regnum pacifice possideret M. Paris p. 61 M. Westm p. 246. and saith M. Paris it was concluded in a publick Convention of the Bishops and Nobles of the Kingdom Fourthly Thus was it also in the Case of Richard Duke of York and Henry the Sixth for though Richard was the Right Heir to the Kingdom Quod Dux filij sui Edvardus Comes Marchiae Edmundus Comes Rutlandiae qui ambo discretionis annos attigerant jurarent ipsi Regi fidelitatem quodque ipsum recognoscerent eorum Regem quamdiu ageret in humanis id enim Parliamentum ipsum decreverat addendo de ipsius Regis consensu quod quamprimum Rex ipse in fata decesserit licebit dicto Duci suisque Haeredibus coronam Angliae vendicare possidere Hist Coryl Ed. Oxon. p. 550. yet the Parliament held A. D. 1460. decreed that Henry the Sixth should reign and be King during his Life and that the remainder should rest in Richard Duke of York and the lawfull Heirs of his Body in general tail SECT VI. The Inferences from the Resolutions of the best Casuists to prove that the Oath of Allegiance and of the Coronation are reciprocal and consequently that the obligation of the Oath of Allegiance doth cease when the Original Compact is Fundamentally violated NOw the Inferences which naturally flow from this Historical Account of the Kings of England and their Government are these First That the Kings of England were Kings by virtue of an Original Compact made between them and the People this is apparent by the Contract made by the Conquerour with the Barons and the Nobility and Commonalty of England and the so frequent repetition of that or a like Contract by the following Princes of this Realm by the Oaths they took at their Coronation to preserve to the People their Ancient Rights and Liberties their Original Customs and Laws and by the continual claim the people made to the Laws of their Country the Laws of King Edward and the Magna Charta as their Right Accordingly the Lord Chancellour Fortescue Chap. 9.13 having declared that our Kings are Political Kings who received their Power from the People he adds That Chap. 14. p. 34. non alio pacto by no other Contract did ever any Nation willingly incorporate it self into a Kingdom but that they by that means might more safely than before enjoy Themselves and their Goods of which intent that Nation would be defrauded if having thus submitted to the Government of a King he might spoil them of their Goods which before it was not Lawfull for any man to do Secondly That this Compact was That the King should govern them according to the Tenor of such Ancient Laws and Original Customes as were received among them according to the Good Approved and Ancient Laws of the Kingdom saith M. Paris the Liberties in which the Nobles confided saith M. of Westminster the Laws of their Country saith W. of Malmsbury the Laws of King Edward say the forementioned Authours the Proper Laws and Ancient Customs in which their Fathers lived say Hoveden Stat. Merton c. 9.25 H. 8. c. 21. and the Chronicle of Lichfield the Laws of England the Ancient Laws of this Realm originally established say our Statutes the Laws of the Land the good Laws of the Land saith the Oath of Richard the Second the Charters of the Liberties of England the Common Liberty say the contenders for them with King John and Henry the Third the fundamental Laws of the Kingdom saith King James Let it be observed First Out of Fortescue That our Kings rule not by Royal only Ch. 9. p. 25 26. Ch. 13. p. 32. that is Absolute but by Political Power and that therefore a King of England cannot change the Laws of the Body nor invade their Properties but as they do consent Ch. 13. p. 32. c. 14. p. 34. that he is advanced to the Throne for the safety of the Law and his Subjects in their Goods and Bodies and derives even this Power from the People and therefore cannot Lawfully Rule over them otherwise Secondly That this is the difference betwixt a King Governing Absolutely and by Political Power that the first can change the Laws of his Kingdom F. 25. B. 26. A. impose Taxes and other burthens without consent of his Subjects whereas a King who Rules Politically over his People can neither change the Laws without consent of his Subjects nor charge them with strange impositions against their Wills That a King ruling only by Power Royal may easily become a Tyrant but whilst the Kingly Power is restrained by the Political Law F. 26. B. he cannot govern his People Tyrannically That the Contract made with a King governing Absolutely F. 35. A. is that his Will shall be the Law whereas a Political King cannot govern his People by any other Power than that of the Laws And from these Principles it clearly follows That a King Ruling Arbitrarily and Fundamentally overturning the Laws is no such King as our Constitution knows or ever did admit of That therefore no Obedience or Allegiance can be due to him by Law nor be intended in any Legal Oath unless we can suppose men at the same time intended to preserve their Constitution and yet designed to engage themselves and others to be assistant to subvert it Thirdly Let us consider the Rules laid down by the exactest Casuists touching the Cases in which the obligation of an Oath ceaseth and apply them to the present Case Thus then they say First That when the Matter of an Oath ceaseth the Obligation of it ceaseth also and that the Matter of it must then be judged to cease Tunc enim cessasse materiam censendum est cum rerum status inter tempus jurandi tempus adimplendi ita immutatus est ut si quo tempore jurabatur praevideri potuisset is qui postea insecutus est rerum status non omnino juratum fuisset San. de Juramento Prael 7. § 7. when the state of things betwixt the time of Swearing and of fulfilling the Oath is so changed that if it could have been foreseen by him who took the Oath at the time of his Swearing he would not have taken the Oath When the Root of the Obligation is taken away Quia Radice obligation is sublatâ tollitur unà pullulans inde obligatio fuit autem materia quae causam dedit jurationi Radix ejus obligationis quae ex illa juratione insecuta est Ibid. the Obligation thence arising must be taken away with it now that which gave the ground for taking the Oath is the Root of the Obligation which followed upon the Oath Among the conditions which are de jure communi to be understood in all Oaths though they be not expressed this saith the Reverend Bishop Sanderson Subingtelligendum quarto rebus scstantibus i. e. si res in eodem statu
should unanimously be chosen King then the Election is publickly declared in Westminster-hall some of both Houses are sent to Edward the Second qui nunciarent Electionem filij sui who should acquaint him with the Election of his Son and require him to resign the Crown Electioni consensit populus universus all the people consented to the Election so did all the Prelates and the Arch-Bishop who made an Oration on those words Vox populi vox Dei and exhorted all to pray for the King Elect. Eleventhly Richard the Second succeeded Edward by right of Succession H. de Knyght p. 2630. ac etiam voto communi singulorum and by the Common suffrage of all Twelfthly Henry the Fourth Fifth and Sixth were only Kings by Act of Parliament Thirteenthly Edward the Fourth at his entrance on the Government makes a solemn Declaration of his Right to the Crown of England challenging it to belong unto him by a double Right the first as Son and Heir to Richard Duke of York Trussel 179. the Rightfull Heir of the same the second as elected by the Authority of the Parliament upon King Henry's forfeit of it Fourteenthly The Parliament Roll published in Speed's Chronicle often saith p. 913 914. That they had chosen Richard the Third for their King and that the Crown belonged to him as well by Election as Succession Fifthteenthly And Henry the Seventh Bacon Hist of Hen. VII p. 12. to all his other Titles by Marriage Conquest and from the House of Lancaster adds that of the Authority of Parliament SECT V. That we find mention in History of divers Acts of Parliament or of the Nobles of the Kingdom continuing the Name and Honour of a King to him who by their own confession had not the immediate Title to the Kingdom and only Proclaiming him who had the Right by Proximity of Bloud Heir Apparent to the Crown 5ly MOreover we read of divers Acts of Parliament or of the Nobles of the Kingdom continuing the Name and Honour of a King to him who by their own Confession had not the just Title and only Proclaiming him who had the Right by proximity of Bloud Heir apparent to the Crown For instance The Contest betwixt Robert the Eldest Son of the Conquerour Ad haec etiam inter se constituerunt ut si comes absque filio legali in Matrimonio genito moreretur haeres ejus esset Rex modoque per omnia simili si Regi contigisset mori haeres illius fieret Comes hanc conventionem 12 ex parte Regis 12 ex parte Comitis Barones Juramento firmaverunt Flor Wigorn. p. 644. and William Rufus his younger Brother ended thus That f Robert dyed without a Lawfull Son King William should be his Heir and if King William dyed without issue Robert should be his Heir and this was Sworn to by twelve Barons of each side In the contest betwixt the same Robert and his younger Brother Henry Principes M. Paris p. 40. Hen. Hunting F. 216. B. Joh. Bromp p. 998. the Princes say some of our Historians the wise men of our Kingdom say others Sapientiores utriusque partis Dunelm p. 226. Flor. Wigorn. p. 650. R. Hoveden F. 268. B. Daniel p. 61. made a Mutual and general League of Concord by their Pious and Wise Council That Henry the First Amiciutriusque foedus inter eos statuerunt sic quod Rex propter manifestum jus quod habuit ad Regnum possidendum Roberto singulis Annis tria millia Marcarum Argenti daret ab Anglia quis eorum diutius viveret Haeres esset alterius si absque filio moreretur M. Westm p. 236. Henr. Huntingd. Hist l. 7. F. 216. B. M. Par. p. 40. being invested with the Crown by Act of the Kingdom should enjoy the same during life and that by reason of the manifest Right which Robert had to the Kingdom Henry should pay him 3000 Marks yearly and that the longest liver should be Heir to the other if he died without a Son by which Acts if William Rufus or Henry had Sons they were to Reign though the manifest Right was in Robert and his Heirs And here it is observable Maxima pars Nobiliorum Normannorum favebat Roberto cupiens hunc sibi asciscere in Regem fratremque aut fratri tradere vivum aut Regno privare peremptum hujus execrandae rei principes extitêre Odo c. hoc execrabile factum clam tractaverunt in quadragesima Florent p. 642. Dunelm A. D. 1088. Hoved. par 1. F. 264 Radulph de Diceto p. 489. Proditores vocat H. Huntingd. Hist l. 7. F. 213. Perfides W. Malmsb. Hist l. 4. F. 68. Conjurationis perfidiae Socios Florent p. 643. Perjurij Reos Matth. Paris p. 10. that though the greatest part of the Nobles did upon some dislike to Rufus to whom they had sworn Allegiance favour his Brother Robert desiring to advance him to the Kingdom and to destroy William or deliver him alive to his Brother yet do all our Historians declare that they who sided with William were faithfull to their Earthly Lord and the other party were Traiterous Perfidious and Perjured Persons and that the thing it self was an excrable fact And in like manner they who stood for Henry against the same Robert L. 5. de Henr. primo F. 88. who had manifest right are said by W. of Malmsbury justas partes fovere to be of the right side and they who fought against him to be fidei Regi juratoe transfugoe violaters of their Oath and yet this Henry was advanced to the Throne not because he had Right during the life of his Elder Brother but because Robert being gone to the Wars at Jerusalem Quia ignorabant quid actum esset de Roberto fratre primogenito timuerunt diu sine Regimine vacillare Matth. Paris p. 38. they knew not what was become of him and were affraid to be long without Government But to proceed to other instances of this Nature from History In the contest between King Stephen and Henry Duke of Normandy the Son of the Empress Maud and the Right Heir of the Crown Theobald Arch-bishop of Canterbury and Henry Bishop of Winton Rich. Hagulst p. 330. H. Huntind l. 8. F. 228. Joh. Brompt Chron. p. 1037. Gervas Chron. p. 1375. Chron. de Mailros p. 167. made peace betwixt them upon these conditions That King Stephen from that time should entirely enjoy the Kingdom as lawfull Prince with the Glory and Honour of it and Henry should succeed him in the Kingdom as lawfull Heir This peace was thus made by the Counsel of the Wise Men and the intervention of the Nobles and Friends of both parties and was declar'd to be honest and profitable R. Stephanus Ducem Hen. cognovit in conventu Episcoporum aliorum Regni Optimatum quod jus Hereditarium in Regnum Angliae habebat Dux benignè concessit ut R. Stephanus tota vita
with the Arch-Bishops Bishops Earls and Nobles of the Land who met him at Beorcham Secondly That the aforesaid Authors with John Brompton Daniel p. 36. declare That as the Bishops and Barons of the Realm swore Fealty to him Ipso Nativitatis die ab Aldredo Eboracensium Archiepiscopo in Westmonasterio consecratus est honorificè prius ut idem Archipraesul ab eo exigebat ante Altare Sancti Petri-Apostoli coram Clero populo jurejurando promittens se velle Dei Sanctas Ecclesias earum Rectores defendere necnon cunctum populum sibi subjectum justè Regali providentiâ verè regere rectam legem statuere tenere c. Flor. Wigorn. p. 634 635. Dunelm p. 195. Hoved F. 258. Chron. Joh. Brompt p. 962. so he reciprocally being required so to do by the Arch-Bishop of York made his Personal Oath before the Altar of St. Peter to defend the Holy Church of God and the Rectors of the same to govern all the People subject to him justly to establish equal Laws and to see-them duly executed And when new Commotions were made by the Nobility and Clergy upon their Submission and Oath of Allegiance re-taken he himself takes his Personal Oath again before Archbishop Lanfranc Daniel p. 37. and the Lords for the good of Peace to observe the Ancient Laws of the Realm Occurrerunt igitur Angli memorati ubi post multas disceprationes praesente Archiepiscopo Lanfranco Rex pro bono pacis juravit tactis Sacro-sanctis Evangeliis bonas approbatas antiquas Regni leges quas Sancti Pii Angliae Reges ejus Antècessores maximè Edvardus statuit inviolabiliter observare sic pacificati ad propria laeti recesserunt M. Paris in vitâ 23. Monach. p. 30. established by his Predecessors the Kings of England and especially of Edward the Confessor and this so pacified the English that they went joyfully to their own homes Thirdly Matthew of Westminster saith Et sic revocatis multis Anglorum Nobilibus foedere cautius cum omnibus confirmato Eboracum ubi fuit Danorum receptaculum potenter cum ibi inventis expugnavit A. D. 1069. That when the two Sons of Swain came into England to fight against it the Conqueror recalling many of the English Nobles made a League with them and by their Aid he overcame the Danes And that this League contained the Grant of their Rights and Liberties or the Laws of their Country is evident from what follows in the same Historian viz. That the Conqueror being thus secured in many things violated his promises taking from the Churches and Monasteries in which they lay the Charters in which the Nobles of England confided Jam factus securior in multis promissa violavit Monasteria totius Angliae perscrutari fecit pecuniam simul cum Chartis in quarum libertatibus Nobiles Angliae-confidebant quas Rex in arcto positus observaturum se juraverat ab Ecclesiis ubi in securo positae erant auferri praecepit violenter Ibid. p. 226. and to which he had sworn when he was in straits Fourthly R. Hagulstadensis S. Dunelmensis R. Hoveden M. Paris Henry of Knyghton and W. of Malmsbury inform us That Henry the first granted to all the People the Laws of Edward with the emendations which his Father had made of them strengthning them with his own Oath Legem R. Edvardi vobis reddo cum aliis emendationibus quibus pater meus eas emendavit consilio Baronum suorum R. Hagulst p. 311. Dunelm p. 225 226. Hoved. par 1. p. 268. M. Paris p. 38. Henr. de Knyght p. 2374. Malms l. 5. F. 88. Hoc quoque praecipimus ut omnes habeant teneant legem Edvardi Regis in omnibus rebus adauctis iis quas constituimus ad utilitatem Anglorum Apud Seld. Annot. ad Eadm p. 192. and the Oath of all his Nobles that they might not be eluded And W. Lambard cites this as one of the Laws of W. the Conqueror This also we command That all Men have and keep the Law of King Edward with the additions we have made to them for the benefit of the English Men. Fifthly Postea ad preces communitatis Anglorum Rex adquievit qui deprecati sunt quatenus permitteret sibi leges proprias consuetudines antiquas habere in quibus vixerant patres eorum ipsi in iis nati nutriti sunt sc leges Sancti Edvardi ex illo die magna Authoritate veneratae per universum Regnum corroboratae conservatae sunt prae caeteris Regni legibus leges R. Edvardi Chron. Eccl. Lichfield apud Seld. ibid. p. 171. The Chronicle of Lichfield doth inform us That the whole Community of England sued to the Conqueror that he would permit them to have the proper Laws and ancient Customs in which their Fathers had lived and under which they were born and educated viz. The Laws of St. Edward And that the King consented to their Petition Sixthly Attuli mecum de Londoniis leges aequissimi R. Edvardi quas dominus meus Rex W. Authenticas esse perpetuas per totum Regnum Angliae inviolabiliter observandas sub poenis gravissimis proclamârat suis justitiariis commendârat p. 88. Ingulphus his Secretary saith That he under the severest penalties proclaimed that the Laws of King Edward should be perpetual authentical and be observed inviolably thro' the whole Kingdome of England and as such he commended them to his Justices Seventhly R. Hoveden informs us That he commanded the Laws of King Edward to be observed in all things and that in the fourth year of his Reign by the Counsel of his Barons W. Rex quarto Anno Regni sui consilio Baronum suorum fecit summoneri per universos consulatus Angliae Anglos Nobiles Sapientes suâ lege eruditos ut eorum jura consuetudines ab ipsis audiret Electi igitur de singulis totius patriae comitatibus viri duodecim jurejurando confirmarunt primò ut quoad possent recto tramite neque ad dextram neque ad sinistram partem divertentes legum suarum consuerudinem Sancita patefacerent Hoved. par post F. 343. he made the Noble and Wise Men of England to be summoned throughout all the Provinces of England that he might hear from them who were skilled in their Law their Rights and Customs and that twelve Men were chosen out of every County who swore to their power to tread in a right Path neither turning to the right hand or to the left and to make known to him the custom and the establishments of their Laws And then he adds the very words contained in the Chronicle of Lichfield Now all these things put together seem plainly to conclude an Original Compact or Establishment of Laws by which the Kings of England were to govern and the Kingdom to be governed and the continuance and renewal
atque Ecclesiae Sanctae in die Coronationis suae concesserat Matth. Paris p. 51. promiseth a Melioration of their Laws according to their minds Our Historians tell us That on the day of his Coronation he made a Compact with his Church and People which afterwards at Oxford he swore to observe And one of the terms of this Compact was That he would observe good Laws and ancient and just Customs in Hundreds and Pleas and other Causes Henry the Second follows him at the beginning of his Reign establishing Peace in his Kingdom and commanding the Laws of Henry the First Ipse pacem stabilivit in Regno leges Henr. Avi sui praecepit per totum Regnum suum inviolabiliter teneri Hoved. par 2. F. 281. B. his Grand-father to be inviolably observed throughout his Kingdom Richard the first succeeds him and promiseth upon Oath at his Coronation these three things viz. 1. That he would give Peace Honour Juravit quod ipse omnibus diebus vitae suae pacem honorem Reverentiam Deo Sanctae Ecclesiae ejus ordinatis portaret 2o. Quod rectam justitiam aequitatem exerceret in populo sibi commisso 3o. Quod malas leges consuetudines perversas si quae in Regno suo inductae sunt deleret bonas leges conderet sine fraude malo ingenio eas custodiret Hoveden F. 374. A. M. Paris p. 108. Rad. de Diceto Imag. Hist p. 647. Chron. Joh. Brompt p. 1157. and Reverence to God and the Church and her Clergy all the days of his life 2ly That he would exercise true Justice and Equity to the People committed to his Government 3ly That he would put away all evil Laws and perverse Customs which were introduced into his Kingdom and would make good Laws and maintain them without fraud and evil inclination Conjuratus est ab Archiepiscopo ex parte Dei prohibitus ne hunc honorem acciperet nisi in mente habeat Sacramenta tenere quae fecit ipse respondit se per auxilium Dei bona fide observaturum omnia supra dicta Ibid. Then the Archbishop of Canterbury conjures him by God not to take upon him this Honour unless he uprightly intended to perform what he had sworn and when he answered That by the help of God he intended so to do the Archbishop puts the Crown upon his Head King John at his entrance on the Government took the same Oaths for substance which his predecessor Richard had done swearing to preserve the Church and her Dignities from harm to abolish unjust Laws and to establish Good and to exercise right Justice and he was also by the Archbishop conjured not to take upon him the Kingly Honour In coronatione suâ R. Johannes triplici involutus est Sacramento viz. quod Sanctam Ecclesiam ejus ordinatos diligeret quod perversis legibus destructis bonas constituerer rectam justitiam in Regno Angliae exerceret deinde adjuratus est ab Archiepiscopo ex parte Dei districtè prohibitus ne honorem hunc accipere praesumeret nisi in mente habuit opere quod juraverat adimplere Chron. Burton p. 256. R. Hoveden F. 450. M. Paris p. 138. Audistis quomodo ipse apud Wintoniam Regem absolvi ipsum jurare compulerim quod leges iniquas destrueret leges bonas viz. leges Edvardi revocaret in Regno faceret ab omnibus observari M. Paris p. 166 167. unless he really intended to perform his Oath When he was absolved from his Excommunication by the Archbishop at Winchester he was by him compelled to swear That he would destroy all unjust Laws and would restore good Laws viz. The Laws of King Edward and cause them to be observed of all throughout his Kingdom King Henry the Third was but nine years old when he succeeded King John Annales Mon. Burton p. 271 276. and in the ninth year of his Reign he granted to all his Clergy his Nobles and his People his Magna Charta and his Charter of the Liberties of the Forest and by these Charters he confirms to them libertates liberas consuetudines quas prius habuerant the Liberties and free Customs which they had before M. Paris saith Pag. 274. That he exacted the fifteenth part of the Moveables both of the Clergy and of the Laity and that they promised to grant them si illi diu petitas Libertates concedere voluisset Pag. 223. provided he would give them the Liberties they had so long desired And that accordingly he gave them these two Charters which were the same that had been granted by King John A. D. 1223. Speed p. 581. The Barons requiring a confirmation of these Liberties from the King William Briwere one of the King's Council answered That the Liberties which they demanded were not to be observed because they were violently extorted the King replied All of us have sworn to these Liberties and that which we have sworn all of us are bound to observe and the truth is at the conclusion of the Peace with Lewis the King Speed p. 578. the Legate and Earl Marshal sware that the King should restore to the Barons and others all their Rights and Inheritances with all the Liberties formerly demanded of his Father Speed p. 583 And in the year 1225. the King again drawn with the desire of Mony grants those his Charters under his Seal and Oaths were taken by Royal commandment to tye all Men to the observation of the said grants Edward the first was declared King and Successor of his Father when absent in Palestine and returning into England is Crowned in the Second year of his Reign and in the Third calls a Parliament at Westminster where he hears the complaints of the ill Government of the Realm and the Church and makes that wholsome Statute to relieve them which is called the first Statute of Westminster At the Coronation of Edward the Second the Earls and Barons of the Kingdom of England treated of the State of the Kingdom requesting the Banishment of Peter of Gaveston from the Kingdom and that Baronum suorum vellet consiliis tractare Regni negotia Hypadygm Neustr p. 500. he would transact the business of the Kingdom by the Councils of his Barons which the King denying to grant Rex noluit consentire idcirco proposuerunt comites Coronationem Regiam impedire quod Rex intelligens promisit bona fide se facturum illis in proximo Parliamento quicquid peterent tantum ne Coronatio differatur Walfingh Hist Angl. p. 96. the Nobles endeavoured to hinder his Coronation which the King understanding promised faithfully in the next Parliament to do that which they desired At the Coronation of Richard the Second one of the Bishops makes an Oration to the People concerning the Constitution of the King and Kingdom Tunc Episcopus Sermonem fecit de materiâ Regis Regni ad
next year the King by the counsels of some wicked men is wrought upon to infringe again this Charter hoping for a gift to obtain an absolution from his Oath In the next year a Parliament is called which yeilds nothing but grievous Complaints for breach of M. Charta Page 608. and Promises of supply provided it may be again confirmed and the electing the Justiciar the Chancellor and Treasurer put into their hands to which the King would not yield But though the King would not observe it M. Paris saith It was cryed in all Countries Diebus autem istis acclamatum est in comitatibus annunciatum est in Synodis in Ecclesiis ubicunque locorum homines convenerant ut M. Charta inviolabiliter teneretur quam R. Johannes concesserat iste Rex praesens multoties concessit lata est sententia solenniter in omnes ejusdem violatores Ibid. p. 609. and denounced in all Synods Churches and publick resort that M. Charta should be inviolably observed and the sentence of Excommunication is denounced against all the violaters of it In the Year 1256. Provision is again made sub paena horribilis Anathematis Page 619. under the penalty of an horrible Anathema that the M. Charta of King John should be observed In the Year 1257. The King requests an Aid for his Son Edmund for the acquiring the Kingdom of Sicily and after many excuses upon condition that the King would observe M. Charta so often promised and bought they tender 52000. Marks with which the King was not satisfied Ee tamen conditione additâ ut M. Chartam toties promissam emptam redemptam ex tunc inviolabiliter observaret c. p. 637. In the Year 1258. was held the Parliament at Oxford where the Nobles enter into an unchangeable League to require that the King should faithfully observe the Charter of King John Parliamento incipiente solidabatur Magnatum propositum consilium immutabile exigendo constantissimè ut Dominus Rex Chartam Libertatum Angliae quam Johannes Rex Anglis concessit fideliter teneat conservet exigebant insuper sibi fieri Justiciarum c. Quod Rex recognoscens graviter juravit consiliis eorum obsecundare Edvardus filius ejus eodem est juramento adstrictus p. 653. Rex coactus est corporale praestare Sacramentum cum omnibus ferè post jurantibus illud idem Hyp. Neustr p. 467. which he had so often swore to perform they require also the chief Justiciar Chancellor and Treasurer to be ordained by publick choice and the twenty four Conservators of the Kingdom to be confirmed twelve by the Election of the Lords and twelve by the King who swears to the confirmation of these things and causes the Prince to take the same Oath Walsingham adds that all after him did swear almost the same thing But notwithstanding this the King gets an absolution from his Oath of the Pope Rogabant humiliter ut communiter praestitum juramentum inviolabiliter observare vellet Contin M. par p. 567. Of this the Barons hearing humbly beseech him to perform the Oath publickly sworn but the King answering them with threats the business is deferred till the coming of Prince Edward who coming sides with the Barons according to his Oath and a League is made betwixt them to apprehend the King 's Evil Counsellors Ibid. and their Abettors and to endeavour to remove them from the King In the Year 1263. The contest betwixt the King and the Barons is referred to the mediation of the French King who annuls the provisions of Oxford but with this exception That the Ancient Charter of King John Hoc excepto quod Antiquae Chartae R. Johannis Angliae Universitati concessae per illam sententiam in nullo intendebat penitùs derogare p. 668. granted to the Community should in nothing be thereby impaired Then began the Barons Wars under Simon of Monfort who succeeded so far in them as to take the King and his Son Prisoners But afterwards the Prince escaping out of Prison fights with Simon and overthrows him at Evesham where he was slain And here it is to be observed that none of the Historians of those times will permit this Simon to be called a Rebel or a Traitor but they still represent him as a most devout servant of God and the Church Sciendum quod nemo sani capitis debet censere neque appellare Simonem nomine Proditoris non enim fuit Proditor sed Dei Ecclesiae in Anglia devotissimus Cultor fidelissimus Protector Regni Anglorum Scutum Defensor Chron. de Mailr p. 228. and a most faithfull Protector Shield and Defender of the Kingdom of England and even a Martyr for the Liberties of Church and State After the end of these Wars in the Year 1269. M. Par. Cont. p. 677. the King calls a Parliament to be hèld at Marlborough where the Statutes called the Statutes of Marlborough were Enacted Magna Charta in singulis suis Articulis teneatur tam in his quae ad Regem pertinent quà m quae ad alios Similiter Charta de Foresta in the Fifth Chapter of which it is decreed That the Great Charter and the Charter de Foresta shall be observed in all their Articles both concerning the the King and his Subjects And here Inst l. 2. p. 102. saith the Lord Coke it is to be observed that after this Parliament neither M. Charta nor Charta de Foresta was ever attempted to be impugned or questioned whereupon Peace and Tranquillity have ever since ensued Edward the First in the twenty fifth year of his Reign confirms the said Charters of the Liberties of England and of the Forest and declares they are to he holden for Common Law Confirm Chart. c. 1. requires that they should be held in every point that they should be sent under the Great Seal to all his Justices as well of the Forest as others proclaimed by the Sheriff of the County and that all Justices Sheriffs Mayors and other Ministers which under the King had the Laws to guide them should allow the said Charters in all their points which in any Plea shall come before them in Judgment and that the said Charters should be sent to all the Cathedrals within the Realm and should be read twice a year before the People Chap. 3. and that the Arch Bishops and Bishops Chap. 4. should denounce the Sentence of Excommunication against all them who in Word or Deed did act against the said Charters and these Sentences shall be pronounced and published twice in the year by the said Prelates And because in the sixth Chapter of the said Act there was added this clause Saves les auncient aides prises dues accustomes which gave some colour for the King's Officers to make an Evasion the Lords of Parliament met in the twenty eighth year of his Reign do importune the King again to