his Concordia Discors P. 33 34. first printed 1659 and reprinted 1683. The perfidious Vâ—olation of the Oath made to Maud in crowning Stephen after King Hâ—nrys death brought exemplary Judgments on the wilful Violators thereof and a bloody long lasting Civil War within the Bowels of the Realm between Maud her Son Henry and the Usurper Stephen to the great Oppression Devastation and Desolation of the Publick and People as our Hiâ— orians observe Hollinshed v. 3. f. 46. All the Good they hoped for by disinheriting Maud and crowning Stephen upon their own Terms against his own and their Oaths becoming void and null by his Perfidiousness through Divine Justice which will never permit any good things to spring out of such enormous Evils as Perjury and Treachery which produced sundry Judgments and Civil Wars never ceasing till Henry the right Heir was restored to the Crown by a friendly Agreement the only probable speedy way now to end our present Wars oppressions distractions Military Government and restore Peace and Prosperity in our Nations As to his Instance about Oaths taken during the Controversies between the Houses of York and Lancaster a true Transcript of the Parliament-Rolls will be the bâ—st and plainest Answer which here follows Memorand that the xvj day of Octobre Rot. Parl. 39 H. 6. n. 10. the ix day of this present Parlement The Counseill of the right high and mighty Prince Richard Duc of York brought into the Parlement chambre a Writeing conteigning the cleyme and title of the right that the seid Duc pretended unto the Coroâ—es of Englond and of France and Lordship of Ireland and the same Writeing delivered to the right reverent fadre in God George Bishop of Excâ—stre Chauncellour of Engâ—ond desiring him that â—he same writeing might be opeâ—ed to the Lordes Spirituelx and Temporelx assembled in this present Parlement Aâ—d that the seid Dâ—c myght have brief and exp dient answere thereof wheruppon the seid Chauncellour opened and shâ—wed the seid desire to the Lordes Spirituelx and Temporelx askyng the Ques ion of theym whether they wold the seid writeing shuld be openly radde before them or noo To the which Question it was answâ—red and agreed by all the seid Lordes Inasmuch as every persone high and lowe saying to this high Court of Parlement must be herd and his desire and peticion understand that the seid writeing shuld be radde and herde not to be answâ—red without the King's Commaundement for so much as the matter is so high and of so grete â—â—ght and poyse which writeing there than was radde The tenour whereof followeth in these words It is not to be forgotten n. 11. c. as in Numb 19. followeth And afterward the xvij day of Octobre n. 12. the x day of this present Parlement the seid Chauncellour shewed and declare to the seid Lords Spirituelx and Temporelx being in the same Parlement how that the Counseill of the seid Duc of York gretly desired to have answer of such writeing as upon the xvj day of Octobre last passed was put into this present Parlement on the behalf of the seid Duc and thereupon asked the seid Lordes what they thought was to be doon in that mâ—tier To the which Question it was answered and thought by all the said Lordes That the matter was so high and of such might that it was not to eny of the King 's Sâ—bgeâ—â—s to enter into communication thereof without his high commaundement agreement and assent had therto And feâ—thâ—rmore forasmuch as the seid Dâ—c dâ—sired and required brief and unâ—â—â—aied answere of the seid wryteing and in eschneing and avoyding of gâ—ete and manyfold inconveniences that weren lykly to ensue if hastly provision of good answere in that behalfe were not had it was thought and agreed by all the Lordes that they all shuld goe unto the King to declare and open the seid matier unto hâ—s Highness and to understand what his good Gâ—ace wold to be doon se ther therin And the uppon incontinent all the seid Lordes Spirituelx and Temporelx went unto the King 's high pâ—eâ—ence and therunto openâ—d and declaâ—ed the seid matâ—er by the mouth of his seid Chauncellour of England and the seid mateâ—r by the King's Highness herd and conceyved It pleased him to pray and câ—mmand all the seâ—d Lordes that they shuld sâ—che for to fynde in as mâ—ch as in them was all such things as mâ—ght be objecte and laide aâ—enst the cleyme aâ—â— title of the seid Duc. And the seid Lâ—rdes bâ—â—aught the King that he wold remember him yf he myght fynd eny resonable matier that myght be objected ayenst the seid cleym and title in so moche as his seid Highness had seen and understonden many divers Writeings and Chronicles wheruppon on the morne the xviij day of Octobre the xj day of this present Parlement the foreseid Lordes sent for the King's Justices into the Parlement-chambre to have their Avis and Counseill in this behalf and there delivered to them the writeing of the cleyme of the seid Duc and in the King's name gave them straitely in commaundement sadly to take avisament therin And to serche and find all such objections as myght be leyde ayenst the same in fortefying of the King 's right Whereunto the same Justices the Monday the xx day of Octobre then next ensuing for their aunswere upon the seid writeing to them delivered seiden that they were the King's Justices and have to determine such matiers as come before them in the Law between partie and partie they mey not be of Counseill Anâ— sith this matier was betweene the King and the seid Duc of York as two paâ—ties and also it hath not be accustumed to calle the Justices to Counseill in such matiers and in especiall the matier was so high and touched the King's high Estate and Regalie which is above the law and passed their lerning wherefore they durst not enter into eny communication thereof for it perteyned to the Lordes of the King's blode and thapparage of this his lond to have communication and medle in such matiers And therefore they humble by sought all the Lordes to have them utterly excused of any avyce or counseill by them to be yeven in that matier And then the seid Lordes considering the aunswere of the seid Juges and entending to have the avice and good counseill of all the K ng's Counseâ—llours sent for all the King's Sergeauâ—ts and Attournay and gave theym straight commaundement in the King's name that they sadly and avisely shuld serche and seke all such things as might be best and strengest to be allegged for the King's availe in objection and deferyng of the seid title and cleyme of the seid Duc. Whereunto the seid Sergeaunts and Attourney the Wensday then next ensuring answered and seiden that the seid matier was put unto the King's Justices and how the Monday last passed the same Justices seiden and declared to the seid Loâ—des that the seid matier
carried away the Inhabitants Prisoners The Norman Histories abound with these Stories Ordericus Vitalis in the Lives of Rufus Henry I. and this King Stephen especially hath many Relations of such inhumane Ravages And even at this very time the Norman Commanders and Soldiers and other Foreigners as well of Maud's as Stephen's Party practised the same Barbarities in this Nation The Country or Husbandmen such as ploughed and sowed such as cultivated Towns and Villages and the Inhabitants thereof were given to the Soldiers as their Wages and were sold with their Goods and Substance Contin ad Flor. Wig. f. 672. Militibus in stipendium dantur venunduntur vicorum villarum cultores habitatores cum rebus suis universis ac substantiis Cambden Brit f. 199 200. In this King's Reign there were in England so many Tyrants as there were Lords of Castles and many Flemings and Britains flocked to him from beyond Sea who were accustomed to live by plundering that came into England in expectation of geat Booty Malmsb. fol. 105. a. n. 20. Sub Stephano plures ex Flandria Britannia rapto vivere assueti spe magnarum praedarum Angliam involabant England was then made a Prey to all Invaders and Villains But the Author tells us that the general Good of these inhumane People did give an equitable Sense to the Oaths then taken If it were not as he says there must be Perjury on all sides for those who had first sworn to Maud could not transfer their Allegiance on any other Account that is of the general Good c. either to Stephen or Henry II. during her Life What was thought of the Perjury of those Times and especially of the Perjury of his three Bishops who were all Nâ—rmans which the Author calls transferring of Allegiance will be evident from the following Testimonies f. 221. a. n. 5. Henry Archdeacon of Hâ—ntington who lived and wâ—ote at this time and continued his H stâ—ry only unto the Year 1154 tells his Readers That in Succession of the most flâ—gitious time in which the Rage of the Norman Fury appeared whatsoever Henry hâ—d dâ—ne tyrannically or royally in comparison of worse things seemed to have been the best for immediately upon his death Stephen Vir magnae strenuitatis audacâ—â—e a Man of great Confidence and Boldness though he had sworn Fealty to the Daughter of King H nry fretus tamen vigore imp dentia furnished with Râ— olution and Impudence regna dâ—â—â—â—ma Dâ—um tentaâ—s invasit tempâ—ing God 〈◊〉 6. lin 1 c. invaded the Crown But alas Wil iam Archbishop of Canterbury who fiâ—st made Oath to the Daughter of Henry cr wned him for which Act God appointed the same Jâ—â—gment for him which he had done to the High Priest Jeremias â—hat is to say that he should not live a â—â—aâ— after Gul. Neub l. 1. c 4 p. 18 19. Cum ergo ut praedictum est â—ex ld â—ricus obâ—â—sset idem Stephanus Sacramentâ—â— q â—â— fiâ—â—ae ejus de conservanda fiâ—â—tate pâ—aesticerat p aevaricator regnâ—m arripuit Therefore as hath b en said when K ng Henry died Stephen bâ—â—ke his Oath of Fealty made to his Daught r and seized the Kingdoms the Bâ—shâ—ps and great Men that were bound by the same Oâ—th giving their Assi ance Archiepiscopus qâ—idem eâ—usdâ—m ut creditur perjuria merito ipso prâ—varicationas anno defecit And truly the Archbishop as it was believed for the same Câ—me of Peâ—jury left the World within a Year Ibid. p. 19. Stephanus ergo ut contra jus humanum pariter divinâ—m humanum scâ—â—icet quia legitimus heres non erat divinum id est violata jurisjurandi religione sublimaretur in regem pactus est quaecunque praesules proceres exigere voluerunt Stephen therefore because he was made King against both humane and divine Laws humane as not being the lawful Heir divine as having violated his Oath promised and agreed to do whatsoever the Bishops and Great Men exacted of him As to Roger Bishâ—p of Saâ—isbury if we may believe Malmsbury he sware to Maud what â—he never intended to perform The Testimony is from what the Hi â—orian heard him say Malmsb. f 99. b. n. 10. Ego Rogerium Saâ—esberiensem Episcopum saepâ—e audâ—vi dicentem solutum se a Sacramento quod Imperatrici fecerat c. I have often heard R ger Bishop of Salisbury say he was free from the Oâ—th he had made to the Empress becaâ—se he made it upon condition that the King should not marry his Daughter to a Stranger out of the Kingdom Nec vero haec ita dixerim quod credam vera fuisse verba hominus qui se unicuâ—que tempori pro volubilitate fortunae accommodare nosset Neither have I said these things that I b lieve the Mâ—n's Words to be true who knew how to comply with all Times and accommodate himself to every Turn of Fortune This Roger was an illiterate Pâ—iest Gul. Neub l. 1. c. 6. who got his Living by his saying M ss in the Suburbs of Caen in Normaâ—dy King Henry took him to be his Chaplain because he was ready at h s Office and a cunning crafty Man and promoted him to the Bishoprick of Saâ—â—bâ—â—y and not only so but committed to him the publick Administration of Secular Affairs Vt esset non tantum in Ecclesia magnus sed etiam in regno a rege secundus So as he was not only great in the Church but second or next to the King in the Kingdom Sed râ—ge defuncto Ibid. qui ei tantae in seculo claritatis author extiterat circa legitimos ejâ—s haeredes infidâ—s ut Stephanum sacramento illo aeque astrictum alliceret non est veritus incurrere perjurium verâ—m etiam aliis insigne pejâ—â—andi praestruxit exemplum But the King being dead who had made him so glorious in the World he proved unfaithful to his lawful Heirs that he might please Stephen who was bound by the same Oath did not only commit Perjury himself but became a famous Example to others to do the like As to the Third Henry Bishop of Wâ—nchester the Pope's Legat who was first mâ—de Abbot of Gâ—astenbury and then p omoted to that See by K ng Henry There needs no more to be said of him than that he first sware to be true to Maud and to maintain her Title after her Father's death yet used all the Endeavour that he could to set up his Brother Stephen by making the Clergy who then ruled all for him and then sware to be true to him When Stephen was beaten and made Prisoner by Maud he lefâ— him and sware again to Maud and when he was at liberty he left Maud and made Oath of Fealty to him again and continued Pope's Legat all the time The Conclusion of the Answer to this Instance shall be the Judgment and Opinion of Mr. Pryn in this very Case in
nor enter into Communication thereof without the King's Command Agreement and Assent 5. The King consented and prayed and commanded the Lords to search and find out what might be opposed to the Duke's Claim and Title 6. They sent for the Judges to advise what might be said against the Duke to fortifie the King's Right 7. The Judges excused themselves for that the matter was so high and touched the King's high Estate and Regality which was above the Law and passed their Learning wherefore they dare not enter into Communication thereof 8. The Loâ—ds upoâ— this Answer of the Judges sent for the King's Serjeants and Attorney and gave them the same Command who made the same Excuse the Judges had done but the Lords would not take it Whereupon the Articles and Reasons against the Duke's Claim and Title were exhibited n. 13. 9. The Authour p. 22 23. That in the Articles and Reasons against the Duke's Claim and Title theâ—e is not the least word of Phileppe's being illegitimate or that her Fâ—ther was divorc'd from her Moâ—her nor is there the least mention that the House of Lancaster claimed by Prescription of sixty years Possession which comes from Doâ—eman and the Authour is to find out both these things in the Parliament Rolls or be guilty of downright Falshood for he reports them both as pleaded against the Duke's Title As to the first there needed no other Argument if it had been insisted on and could have been made good And as to the second neither was it insisted on or mentioned as was said before and if it had Nâ—llum tempus occurrit Regi would have been a sure Rule in this Case For it is absurd to think that Prescription at least so shâ—â—t a Prescription as this could justifiâ— a wrong and make a Title in this Case for there is another Rule of Law Non confiâ—matur Tractu temporis quod de jure non subsistit no length of time makes that lawfull which was not so from the beginning If there be a right Heir of the Crown that claims or else would claim but that he wants either notice of his Right and Title or Power to make it good or forbears to claim for other sufficient Reasons Vide n. 16. here Prescription signifies nothing 10. It was allowed at least not contradicted that all Persons and namely the Peers and Lords might and by the Laws or God and Man ought to help and assist him in Truth and Justice n. 14. 11. It was the Judgmeâ—t of all the Lords that the Title of the Duke which was onely Succession by Birthright and Proximity of Bloud could not be defeated 12. That Richard Duke of York was by King Henry and the Lords acknowledged as very and rightfull Heir to the Câ—own and that he was so to be called 13. That the mean found out to save the King's Honour and appease the Duke if he would was not or could be imposed or forced upon him but he was at liberty to accept or refuse it and was no ways bound but by his own coâ—sent n. 18. 14 The Oath that Richard Duke of Yâ—rk took was in pursuance of the Agreement and any man may lawfully take an Oath to make good a Bargain where no man receives Injury but himself and so with his consent that is injured any other Person concerned in the Agreement may swear to the observation of it Pag. 24. Lastly The Weal Rest and Prosperity of the Land which the Authour calls the Publick Good followed this Agreement and the Reason was that the Câ—own was restored to the right Heir whereupon all Murmuring Hatred Sâ—â—â—e and Contention amongst the People and Evil-will and Contrivances againsâ— one another ceased These are all the Instances the Authour useth yet two are wanting the Successions of Edward III. and Hen. IV. but seeing he may have peruâ—ed an excellent Treatise bearing the Title of the Grand Question he may haply be convinced by what the learned Authour hath said Pag. 80 81 83 85 86. that they were both Vsurpers the first during his Father's Life the second from the very time he took upon him Kingship The Authour's Words p. 29 30. There are three sorts of Persons may be said to have Possession of the Crown an Vsurper a King de jure and a King de facto and because the Distinction betewen these doth not seem to be well understood I shall briefly explain it 1. An Vsurper is one that comes in by force and continues by force 2. A King de facto is one who comes in by consent of the Nation but not by virtue of an immediate hereditary right 3. A King de jure is one who comes in by Lineal Descent as next Heir and whose Right is owned and recognised by the Estates of the Realm The Authour may make what verbal frivolous Distinction he pleases between a King de facto and an Usurper yet de facto they are the very same Let him shew an Example in this Nation if he can of a King de facto set up without an Army or Force or of an Usurper that came in by Force who did not make the Nation own him and though he took upon him the Name and Title by force and the assistance of a Party yet afterwards made the States and People consent to it Was not Edward II. made Prisoner by an Army and afterward deposed and Edward III. in his Father's lifetime set up by such as were under the power of that Army And Henry IV. set up by such as acted and were under the power of that Force Our Laws make no difference betwen an Vsurper and a King de facto according to the Author's description The Author's Words pag. 32. A King de facto according to our Law as I said is one in quiet possession of the Crown by Consent of Parliament without hereditary Right such as Henry IV. V. VI. VII were all thought to be by those who made this Distinction For as far as I can find the Distinction of a King de facto and de jure was then started when the House of York so much insisted on their hereditary Right and so many of our Kings had governed the Kingdom by Consent without it therefore the Lawyers to find a sufficient Salvo for the Kings of the House of Lancaster framed this Distinction of Kings de facto and de jure Records Law and History Rot. Parl. 1. Ed. IV. n. 8. In the First of Edward IV. the Commons exhibit a Petition in Parliament wherein they set forth his Title by Birth-right and Proximity of Blood and say Richard II. was lawfully rightly and justly seated and possessed of the Corone of Englond Roiall Power Estate Dignite Pre-eminence Governaunce and Lordship of Irelond and the same joyed in rest and quiet without interruption or molestation Ibid. n. 9. unto the time that Henry late Eâ—le of Derby sonne of John of Gaunt the fourth goten sonne of King