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A91269 The second part of A seasonable legal and historical vindication, and chronological collection of the good old fundamental liberties, franchises, rights, lawes, government of all English freemen; their best inheritance and onely security against all arbitrary tyranny and Ægyptian taxes. Wherein the extraordinary zeal, courage, care, vigilancy, civill, military and Parliamentary consultations, contests, to preserve, establish, perpetuate them to posterity, against all tyrants, usurpers, enemies, invaders, both under the ancient pagan and Christian Britons, Romans, Saxons. The laws and Parliamentall great councils of the Britons, Saxons. With some generall presidents, concerning the limited powers and prerogatives of our British and first Saxon kings; ... are chronologically epitomized, ... By William Prynne of Swainswick, Esquire.; Seasonable, legall, and historicall vindication and chronologicall collection of the good, old, fundamentall, liberties, franchises, rights, laws of all English freemen. Part 2 Prynne, William, 1600-1669. 1655 (1655) Wing P4072; Thomason E820_11; ESTC R203292 115,608 151

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upon whom but the words imply that it was done by common consent of the Nobles in a Generall Council for their Common Preservation from Plunder not imposed or raised by the Kings Prerogative without their free consents in a General Council or Parliamentary Assembly for so it was assessed and levied in succeeding times Anno Dom. 983. The Danes infesting all the Parts of the Realm and the people not knowing where or how to resist them DECRETVM EST A VIRIS PRVDENTIBVS It was decreed by the Wise-men no doubt in a Generall Councill assembled for that end not by the Kings absolute Authority that they should be overcome with Money who could not be vanquished with the Sword Wherefore they satisfied the Covetousnesse of the Danes with the payment of ten thousand pounds Anno 991. A Tribute of 10000 l. was given them BY THE ADVICE OF SIRICIVS DUKE ETHELWARD AND OTHER NOBLES OF THE REALM that they should cease their frequent Rapines Burnings and Slaughters of men which they used about the Sea Coasts Anno 994. King Aethelred CONSILIO PROCERVM SVORVM by the Counsell of his Nobles no doubt in a Parliamentary Assembly gave them a pension of 16000 l. collected of all England that they should cease from the Rapines and Slaughters of innocent men And Anno 1002. the same King HABITO CONCILIO CVM REGNI SVI PRIMATIBVS utile duxit a Danis dextras accipere c. And CONSILIO PRIMATVM SVORVM by the Counsell of his Nobles or Chief men gave them 24000 l. and Anno 1007. CONSILIO PRIMATVM SVORVM BY THE COUNSEL OF HIS NOBLES he gave them 30000 l. gathered out of all England that they should desist from Rapines and hold a firm Peace with him Anno 1012. Duke Edric and ALL THE NOBLES OF ENGLAND OF BOTH ORDERS to wit the Lords Spirituall and Temporall were assembled together at London before Easter no doubt in a Great Council and continued there so long till the Tribute promised to the Danes should be paid which was 48000 l. All which is recorded in these expresse termes by Mathew Westminster Florentius Wigorniensis and Simeon Dunelmensis in their Chronicles and Histories of these respective years and by Polychronicon Fabian Holinshed Grafton Speed and other late Historians out of them So as this Tax or Tribute paid to the Danes was undoubtedly imposed and levied by common Consent in the Parliamentary Councils of those times not by the Kings own Power and Prerogative alone True it is King Suanus the Dane having conquered most of the Land exacted it from the people and levied it perforce against their wills for the payment of his Souldiers But the Inhabitants of St. Edmonds-bury refused to pay it Whereupon he threatned by force to spoile and destroy the Town but in the midst of his Jollity and Nobles he suddainly cryed out that he was struck through by St. Edmond with a Sword or Speare no man seeing the hand that smote him and so with great horrour and torment died three dayes after at The●ford as Hoveden Annal. pars prior Simeon Dunelmensis de Gestis Regum Angliae Anno 1014. col 170. Math. Westminster Anno 1014 p. 394. Ranulsus de Diceto Abbreviationes Chronicorum col 465. Johann Brompton Chron. col 892. Fabian part 6. c. 200 Polychronicon l. 6. c 16. Speed in his History l. 7 p. 420. with others relate A memorable Punishment for this his illegal Exaction and Oppression As for the Tax of Danegeld imposed on the People to wit 12 d. as some or 2 s as others to be annually paid out of every Hyde or Plowland throughout the Realm except the Lands of the Church and some others exempted from it by special Charters it was imposed by Authority and Acts of Generall Councils onely not by royall Prerogative for Defence of the Kingdome by Land and Sea against the Danes and other Enemies and Pirates as is evident by the Lawes of King Edward the Confessor cap. 12. The Black Book of the Eschequer l. 1. c. 11. Sir Henry Spelman and William Sonmer their respective Glossarium Tit. Danegeld p 200 201. Mr. ●elden his Mar● Cla●sum l 2 as I have irrefragably proved at large in My Humble Remonstrance against the Illegal Tax of Ship-mony p 19. to 25 to which I refer you for fuller satisfaction Anno 1051 this unsupportable Tax of Dane●el● was ●●leased for ever to the People of England by King Edward the Confessor 〈…〉 towards his oppressed People to wit in the 38. year from the time that Suanus King of the Danes commanded it to be yearly paid to his Army in the reign of King Ethelbert Father to this King Edward Which Abbot Ingulph in his History p 897. Iohn Brompton in his Chronicle col 938 9●3 Simeon Dun●lmensis De Gest Reg Angl col 184. Ailredus Abbas Rievalus de Vita miraculis Edwardi Confess col 383. Radulfus de Diceto Abbrev. Chron col 475 Henry de Knyghton de Eventibus Angl l 1 c. 9. col 2331. Mr Selden in his Marc Clausum l 2 Sir Henry Spelman in his G●ossary Title D●●eg●ld and others thus relate in Ingulphus words TRIBUTUM GRAVISSIMUM quod DANEGELD dicebatur OMNI ANGLIAE IN PERPETUUM RELAXAVIT DE TAM FERA EXACTIONE NE IOTA UNVM VOLVIT RETINERE re●oring to the People all the mony then collected and brought into his Bed-chamber by his Officers and there laid in heaps upon which this most holy King as some of these record saw a Devil dancing and triumphing with over much Ioy and calling it HIS MONY QUIA INJUSTE ADQUISITA EST DE SUBSTANTIA PAUPERUM because it was unjustly gotten out of the substance of the poor Subjects though by coulour of former Grants by common consent in Parliamentary Councils upon which occasion this good King forthwith rest● red all that was collected and perpetually released for the future this great and heavy Tribute which had continued near fourty years to the English-men for ever so that after that day it was no more gathered as Roger Hovedon Annal pars prior p 447. Hygden in his Polychron l 6. c 24. Capgrave Surius Ribadenicra Holinshed in the life of Edward the Confessor●Math Westm Simeon Dun●lm●nsis and Florent Wigorniensis An 1051. Grafton in his Chronicle p. 180. Speed in his History of Great Britain l 8. c 6 Sect 7 p 419. Fabian in his Chron part 6. c 210 p 282 with the other forementioned Authors joyntly attest By these four first Generall Taxes and publick charges thus imposed on the ancient Saxons and English onely by common grant and consent in the great Parliamentary generall Councils of the Realm both for the maintetenance of Gods Worship Ministers Religion Learning and defence of the Realm against forraign Enemies and Invasions the truth of the first fundamentall Proposition in the precedent Chapter is abundantly confirmed during all our Saxons Kings Reignes which I shall confirm in subsequent Sections by Presidents in all succeeding ages to
Iames was no King at all before his Coronation and that therefore they might by force of Arms lawfully surprise his person and Prince Henry his Son and imprison them in the Tower of London or Dover-Castle till they inforced them by duress to grant a free toleration of their Catholike Religion to remove some evil counsellors from about them and to grant them a free Pardon for this violence or else they would put some further Project in execution against them to their destruction But this Conspiricy being discovered The Traytors were apprehended arraigned condemned and Watson and Clerk two Iesuited Priests who had drawn them into this Conspiracy upon the aforesaid Pretext with some others executed as Traytors all the Iudges of England resolving that King Iames being right Heir to the Crown by descent was immediately upon the death of Queen Elizabeth actually possessed of the Crown and lawful King of England before any Proclamation or Coronation of him which are but Ceremonies as was formerly adjudged in the case of Queen Mary and Queen Iane 1 Mariae there being no Interregnum by the Law of England as is adjudged declared by Act of Parliament 1 Iac. c. 1. worthy serious perusal 8. By their horrid Gun-powder Treason Plot contrived fomented by Garnet Superiour of the English Iesuites Gerard Tesmond and other Iesuites who by their Apostolical Power did not onely commend but absolve from all sin the other Iesuited Popish Conspirators and Faux THE SOULDIER who were their instruments to effect it Yea the Iesuitical Priests were so Atheistical as that they usually concluded their Masses with Prayers for the good success of this Hellish plot which was suddenly with no less then 36 Barrels of Gunpowder placed in a secret Vault under the House of Lords to have blown up and destroyed at once King Iames himself the Queen Prince Lords Spiritual and Temporal with the Commons assembled together in the Upper-House of Parliament upon the 5 of November Anno Dom. 1605. and then to have forcibly seised with armed men prepared for that purpose the persons of our late beheaded King then Duke of York and the Lady Elizabeth his Sister if absent from the Parliament and not there destroyed with the rest that so there might be none of the Royal Line left to inherit the Crown of England Scotland and Ireland to the utter overthrow and subversion of the whole Royal Family Parliament State and Government of this Realm Which unparallel'd inhumane bloody Plot being miraculously discovered prevented the very day before the execution in perpetual detestation of it and of the Iesuits and their traiterous Romish Religion which both contrived and approved it the 5 day of November by the Statute of 3 Iacobi ch 1. was enacted to be had IN PERPETUAL REMEMBRANCE that ALL AGES TO COME might thereon meet together publickly throughout the whole Nation to render publick praises unto God for preventing this infernal Iesuitical Design and keep in memory THIS JOYFUL DAY OF DELIVERANCE for which special forms of publick Prayers and Thankesgivings were then appointed and that day ever since more or less annually observed till this present And it is worthy special observation that had this Plot taken effect it was agreed by the Iesuites and Popish Conspirators before-hand THAT THE IMPUTATION OF THIS TREASON SHOULD BE CAST UPON THE PURITANS TO MAKE THEM MORE ODIOUS as now they father all their Powder-Plots of this kinde which they have not onely laid but fully accomplished of late yeers against the King Prince Royal Posterity the Lords and Commons House our English●Parliaments and Government upon those Independents and Anabaptistical Sword-men reputed PURITANS who were in truth but their meer under Instruments to effect them When as they originally laid the Plots as is clear by Campanella's Book De Monarchia Hisp c. 25. and Cardinal Richelieu his Instructions at his death to the King of France And it is very observable that as Courtney the Jesuite Rector of the English Jesuits Colledge at Rome did in the yeer 1641. when the name of Independent was scarce heard of in England openly affirm to some English Gentlemen and a Reverend Minister of late in Cornwal from whom I had this Relation then and there feasted by the English Jesuites in their Colledge That they now at last after all their former Plots had miscarried they had found out a sure way to subvert and ruine the Church of England which was most formidable to them of all others BY THE INDEPENDENTS who immediately after infinitely increased supplanted the Prebyterians by degrees got the whole power of the Army and by it of the Kingdom into their hands and then subverted both the Parliament King and his Posterity So some Independent Ministers Sectaries and Anabaptists ever since 1648. have neglected the observation of the 5 of November as I am credibly informed and refused to render publick thanks to God for the deliverance thereon contrary to the Act for this very reason which some of them have rendred That they would not mock God in publick by praising him for delivering the late King Royal Posterity and House of Lords from destruction then by Jesuites and Papists whenas themselves have since destroyed and subverted them through Gods providence and repute it a special mercy and deliverance to the Nation from Tyranny and Bondage for which they have cause to bless the Lord Peforming that for the Jesuites and Powder-Traytors which themselves could not effect The Lord give them grace and hearts to consider how much they acted the Jesuites and promoted their very worst designes against us therein what infamy and scandal they have thereby drawn upon all zealous Professors of our Protestant Religion and what they will do in the end thereof 9. To omit all other forraign instances cited in Speculum Jesuiticum p. 124. to 130. where you may peruse them at leisure By their poysoning King James himself in conclusion as some of them have boasted 10. By the Popes Nuntio and Conclave of Jesuites Conspiracy at London Anno 1640. to poyson our late King Charles himself as they had poysoned his Father with a poysoned Indian Nut kept by the Jesuites and shewed often by Conne the Popes Nuncio to the Discoverer of that Plot or else to destroy him by the Scotish wars and troubles raised for that very end by the Jesuites in case he refused to grant them a universal liberty of exercising their Popish Religion throughout his Realms and Dominions and then to train up his Son under them in the Popish Religion To which not onely heretofore but now likewise they strenuously endeavour by all possible means to seduce him as appears more especially by Monsieur Militierre his late book dedicated to him for that purpose Surely all these premised instances compared together will sufficiently inform the world that the late unparellel'd capital Proceedings against our Protestant King Parliament Members Peers House and forced
and Peace and Lawes concluded and ratified in and by a Parliament of Nobles in this age King Guithelin to whom the Crown lineally descended from Belinus married Martia a Noble woman learned in all arts who invented the Law which the Britons called Martiana which King Alfred approving translated into the Saxon tongue and called it Marchen Leage King Edward the Confessor making use of it in the collection and compiling of his Lawes hereafter mentioned Though this Queen first invented this Law no doubt it was ratified by publick consent of the King her Husband and the Nobles in their generall Councell in that age else it could not have the force of a Law by her bare penning of it Gorbonius grandchild to Guithelin and Martia coming to the Crown by descent governed his people most justly according to these forecited Lawes it being his continuall custome to give due honour to the Gods in the first place and then to administer right justice to the people He encouraged Husbandmen in their tillage and defended them from the injuries of their Lords and he inriched his Souldiers with gold and silver so as none of them had need to do any injury or violence to any other Archigallo his Brother succeeding degenerated from him in all his actions for he endevoured every where Nobiles quosque deprimere to depresse all that were Noble and to advance ignoble persons to take away rich mens goods and mony by violence thereby heaping up infinite treasures which the Nobles of the Realm refusing to endure any longer rose up against and deposed him from his royall Throne creating his brother Elidurus King in his stead He after five years reign meeting his deposed brother in a wood as he was hunting ran to him imbraced kissed and brought him to his own royall Bedchamber privately and then summoned Proceres omnes et principes all the Nobles and Princes of the Realm to come speedily to his City of Alclud who repairing thither he saigning himselfe to be very sick commanded every of them one by one to come into his Bedchamber to visite him which they thus doing he threatned presently to cut off all their heads as they entred singly unlesse they would consent to submit themselves again to Archigallo as their Soveraign which they through fear of death assenting to he made an agreement between them and then carrying him to Yorke took the Crown from his own head and set it on his brothers Archigallo For which memorable self-denying pious act to his brother he was styled Elidurus pius Archigallo upon his restitution corrected his former errors deposed all ignoble persons advanced the Nobility permitted every man to enjoy what was his own and administred right justice to his people Ennianus his Son King after him treating his Subjects ill was deposed by them from the Throne of the Kingdome because he contrarying justice preferred Tyranny Edwallo being made King in his place who instructed by his Predecessors oversights Jus atque rectitudinem colebat followed Law and rectitude as did others of his successors Our Histories record that about 54. years before our Saviours birth Julius Caesar having conquered France espying Britain from thence having learned the name of the I le and Nation sent messengers thence to Cassibelan King of Britain exacting with threats an annuall Tribute from him and the Britons to be paid to the Roman Senate as well as from other Naiions else he should be enforced to transport his Army and shed their bloud Whereupon Cassibelan returned this answer to him in writing Cassibelanus King of the Britons to Cajus Julius Caesar Marvellous O Caesar is the covetuousnes of the Roman people who thirsting after gold and silver in all places cannot suffer us placed beyond the World within the perils of the Ocean to be quiet but presume to affect our Tribute and Revenues which we have hitherto peaceably possessed Neither verily will this suffice unlesse renouncing our Libertie we shall make subjection to him and thereby undergoe perpetuall servitude therefore Caesar thou hast demanded A shamefull thing seeing the vein of common Nobility flowes from Aeneas both to the Britons and Romans and one and the same bond of kindred lives still in both whereby they ought to be knit together in firme amity This therefore should have been required of us not servitude because we have learned rather to give this then to bear the yoake of Servitude For we have been so much accustomed to inioy Liberty that we are altogether ignorant what it is to obey Servitude Which Liberty if the Gods themselves should endeavour to take from us verily we would strive with all our might to resist them that we might retain it Be it known therefore to thee Caesar That we are prepared and resolved to fight for it and for our Realm if as thou hast threatned thou shall begin to come upon the Isle of Britain Hereupon C●sar preparing his Navy and Forces arrived with his army at the mouth of Thames the Britons though at civill warres among themselves before upon this necessity united themselves together to oppose the Romans and communi consilio as Caesar himself and others write by common advice and assent in a Parliament of that age elected Cassibelan for their Generall and committed the managing of the Warres to him who gathering the whole strength of the Britons together consilium querens a Principibue Regni as some and a proceribus suis as others record taking councell with the Princes of the Realme and his Nobles how to re●●e the enemies they resolved to resist their Landing and to assault them in their tents before they had fortified themselves or taken any Towne and so to repell them Which advice they pursuing opposed their landing and forced the Romans that were landed to their ships and compelled Caesar to returne into France as our British Historians assert though Caesar in his Commentaries to cover his dishonour relates the contrary The year following Caesar recruiting his Army landed again in Cornwall and was repulsed by Cassibelan the second time with great losse Whereupon Cassibelan joyfull of his victory returning to Troinovant Edictum fecit ut omnes proceres Britannie Convenirent made an Edict that all the Nobles of Britain should assemble together at Troinovant to offer publick prayses and Sacrifices to his Gods who had made him to triumph over so great an Emperor as Caesar At this assembly Evelin Nephew to Androgeus Duke of Trionovant playing with Herelgas Nephew to Cassibelan upon a sudain quarrell between them cut of Herelgas head at which the King being very angry commanded Evelin to be brought before his presence and to be ready sententiam quam proceres Dictarent or talem sententiam quam proceres Regni judicarent subire to undergoe such a sentence and judgment as the Nobles and Peers of the Realme should pronounce that Herelgas might net remain unrevenged in case he were unjustly slain Androgeus
them seeing they deserted their defence when we substracted them from their Power The whole Council of Kings and Nobles present assenting fully to this his opinion and resolution promised him their assistance in this cause against the Romans Whereupon he returned Answer to the Roman Emperours by the said Messengers THAT HE WOULD BY NO MEANES RENDER THEM TRIBUTE NEITHER WOULD HE SUBMIT HIMSELF TO THEIR JUDGEMENT CONCERNING IT NOR REPAIR TO ROME yea that he demanded from them that which they had decreed by that their judgement to demand from him And hereupon some say he writ this Letter unto the Senate of Rome in answer of theirs Vnderstand among you at Rome that I am King Arthur of Britain and FREELY IT HOLD and SHALL HOLD and at Rome hastily will I be not TO GIVE YOU TRUAGE Tribute but to have Truage of you For Constantine that was Helens Son and others of mine Ancestors CONQUERED ROME and thereof were Emperours and that they had and held I shall have and hold by Gods grace Whereupon Lucius Tiberius by command of the Senate raising great forces amongst the Eastern Kings to subdue Britain was encountred and slain by King Arthur with all his Roman forces in the valley of Soisie in France Anno Dom. 537. since which this Tribute was never demanded This History whether true or seigned as it declares by the Resolution of thirteen Kings and a great multitude of Princes Dukes Nobles Prelates Souldiers that Titles and Tributes gotten by Force Violence Conquest are both irrational unjust and illegal So it resolves That the Matters of Warre Peace and other great Affaires of the Realm were determined in Parliament That the Kings Princes and Nobles were the onely Parliaments and Parliament men of that age That the Realm and Kings of England are neither tributary nor subject nor responsible to any Forraign Powers Jurisdictions or Courts whatsoever and that no Tribute or Tax can justly be imposed on or exacted from the Inhabitants of this Island but by their own voluntary Grants and Consents even by the Lawes and Customes of the Realm in the Britons times and that whatever Tax or Possession was then gained by force conquest or armed power without just right and Title was both unjust and unreasonable And so ought to be reputed now Quod ab initio non valet tractu temporis non convalescit being a Principle in our Law I read in the Lawes of King Edward before the Conquest c. 35. in Mr. Lambards Archaion fol 135 136. and Sir Edward Cook his 7 Report Calvins Case fol. 6 7. That this most famous King Arthur first invented and inacted this Law That all the Princes Earles Nobles Knights and all Free-men of the Realm of Britain ought to make and swear fealty to their Lord the King in the full Folkemote or Leet in this form commonly used in Leets till within the six yeares last past You shall swear that from this day forward you shall be true and faithfull to our Soveraign King Arthur and HIS HEIRES and truth and faith you shall bear to him of life and member and terrene honour and you shall neither know nor hear of any ill or dammage intended to him that you shall not defend So help you God And that by Autherity of this Law King Arthur expelled the Saracens it should be Saxons for no Saracens ever invaded Britain and Enemies out of the Realm And by Authority of this Law King Etheldred in one and the same day slew all the Danes throughout the whole Realm Surely such Oathes of Fealty Loyalty and Homage are very ancient as our Histories manifest King Arthur being mortally wounded in the battell he fought with his Nephew Mordred who usurped the Crown in his absence Mordred being slain in the fight Arthur despairing of life gave the Crown of Britain to Constantine his Kinsman Anno Dom. 542. who together with the rest of the British Kings neglecting all Lawes and Justice warring against each other and degenerating into Tyrants Usurpers Murderers Perjurious Persons Oppressors and the like declined daily in their power the Saxons continually incroaching upon them in all parts and about the year of our Lord 586. they were quite driven out of their Kingdomes together with their British Subjects by the Saxons into Wales Cornwall and Little Britain in France and reduced to the extremity of all misery as you may read at large in Gildas de Excidio Conquestu britanniae and others out of him Who thus describes the Tyrannies and vices of those times Vngebantur Reges non per Deum sed qui caeteris crudeliores extarent paulo post ab unctoribus non pro veri examinatione TRUCIDABANTUR ALIIS ELECTIS TRUCIORIBUS Si quis vero eorum mitior veritate aliquatenus pronior videretur in hunc quasi Britanniae Subversorem omnium odia telaque sine respectu contorquebantur omnia quae displicuerint Deoque placuerint aequali saltem lance pendebantur si non graviora fuissent displicentia Sicque agebant cuncta quae saluti contraria fuerunt ac si nihil mundo medicina a vero omnium medico largiretur c. Ita cuncta veritatis Justitiae moderamina concussa ac subversa sunt ut corum non dicam fastigium sed ne monimentum quidem in supra dictis propemodum ordinibus apparent exceptis paucis valde paucis c. Reges habet Britannia sed TYRANNOS Judices habet sed impios saepe praedantes concutientes sed innocentes vindicantes patrocinantes sed reos latrones CREBRO JURANTES SED PERJURANTES VOVENTES CONTINUO PROPEMODUM mentientes belligerantes SED CIVILIA ET INJUSTA BELLA AGENTES per patriam quidem fures magnopere insectantes eos qui secum admensam sedent non solum amantes sed munerantes in sede arbitraturi sedentes sed raro recti judicii regulam quaerentes innexios humilesque despicientes sanguinarios superbos parricidas commanipulares qui cum ipso nomine certatim delendi sunt pro ut possunt efferentes vinctos plures in carceribus habentes quos dolo sui potius quam merito proterunt catenis onerantes inter Altaria jurando demorantes hoec eadem ac si lutulenta paulo post saxa despicientes Cujus tanti nefandi piaculi non ignarus est immundae Leaenae D●mnoniae tyrannicus Catulus Constantinus Hoc anno post horribile juramenti Sacramentum quo se devinxit nequaquam d●los civibus Deo primum j●requejurando Sanctorum demum choris Genetrice comitantibus frelis facturum in duarum venerandis matrum finibus Ecclesia earnalisque sub sancti Abbatis amphibalo Latera regiorum tenerrima pucrorum vel praecordia crudeliter duum totidemque nutritorum inter ipsa ut dixi sacrosancta Altaria nefando ense hastaque prodentibus laceravit c. Quid tu qu●que catule Leonine Aureli Canine agis Nonne pacem Pa●riae mortiferum ceu
THE SECOND PART OF A SEASONABLE LEGAL and HISTORICAL VINDICATION and CHRONOLOGICAL COLLECTION Of the Good old Fundamental Liberties Franchises Rights Lawes Government of all English Freemen their best Inheritance and onely Security against all Arbitrary Tyranny and Aegyptian Taxes Wherein the extraordinary Zeal Courage Care Vigilancy Civill Military and Parliamentary Consultations Contests to preserve establish perpetuate them to Posterity against all Tyrants Vsurpers Enemies Invaders both under the ancient Pagan and Christian Britons Romans Saxons The Laws and Parliamentall Great Councils of the Britons Saxons With some Generall Presidents concerning the limited Powers and Prerogatives of our British and first Saxon Kings the Fundamental Rights Liberties Franchises Laws of their Subjects the severe punishments of their Tyrannicall Princes on the one side and of unrighteous Vsurpers Traytors Regicides Treason Perfidiousnesse and Disloyalty on the other recorded in our Historians are Chronologically Epitomized and presented to publick View for the benefit of the whole English Nation By WILLIAM PRYNNE of Swainswick Esquire Prov. 22. 28. Remove not the Ancient Land-markes which thy Fathers have set 2 Sam. 10. 12. Be of GOOD COURAGE AND LET US PLAY THE MEN FOR OUR PEOPLE and for the Cities of our God and the Lord do that which seemeth him good Dan. 7. 25 26. And he shall think TO CHANGE TIMES AND LAWS and they shall be given into his hand until a time and times and the dividing of times But the Judgement shall sit and they shall take away his Dominion to consume and to destroy it unto the end London Printed for the Author and are to be sold by Edward Thomas dwelling in Green Arbour 1655. ERRATA IN the Epistle p. 2 l 38. r. 1540. p. 5. l. 10. r. secure p. 9. l. 2. 5. r. s. p. 10. l 37. r. Kings Queenes p. 16. l 3. dele they p. 19. l. 2. 1502. r. 1602. p. 22. l. 1. proceeding p. 24. l. 20. Oath of Supremacy p. 25. l 24. for this p 27. l 4. r. 1653. p. 35. l. 20. r. and our religion from c. p 47 l 18 Constantius l 26 for if p 51 l 2 p 52 l 37 twenty four r. fourty two Margin p. 20. l. 1. whether In the Book p. 2. l. 19 20. r. each single p. 39. l. 19. Dubricius p. 41. l. 11. quod p. 47. l. 13. Christianismum p. 53. l. 29. reservations p. 62. l. 9. by r. of p. 64 l. 20. Subditos p 67 l 23 dat r eat p. 71. l. 31. r. Schoole p. 72. l. 27. dele a. Margin p. 55. l. 29. r. Eventibus To all truely Christian Free-men of England Patrons of Religion Freedom Parliaments who shall peruse this Treatise Christian Reader IT hath been one of the most detestable Crimes and highest Impeachments against the Antichristian Popes of Rome that under a Saint-like Religious Pretext of advancing the Church Cause Kingdom of Jesus Christ they have for some hundred yeers by-past usurped to themselves as sole Monarchs of the world in the Right of Christ whose Vicars they pretend themselves to be both by Doctrinal Positions and Treasonable Practises an absolute Soveraign Tyrannical Power over all Christian Emperours Kings Princes of the World who must derive and hold their Crowns from them alone upon their good behaviours at their pleasures not onely to Excommunicate Censure Judge Depose Murder Destroy their sacred Persons but likewise to dispose of their Crowns Scepters Kingdom● and translate them to whom they please In pursuance whereof they have most traiterously wickedly seditiously atheistically presumed to absolve their Subjects from all their sacred Oaths Homages natural Allegiance and due Obedience to them instigated encouraged yea expresly enjoyned under pain of interdiction excommunication and other censures their own Subjects yea own sons sometimes both by their Bulls and Agents to revolt from rebel war against depose dethrone murder stab poyson destroy them by open force or secret conspiracies and stirred up one Christian King Realm State to invade infest destroy usurp upon another onely to advance their own antichristian Soveraignties Usurpations Ambition Rapines worldly Pompe and Ends as you may read at leisure in the Statutes of 25 H. 8. c. 22. 28 H. 8. c. 10. 37 H. 8. c. 17. 13 Eliz. c. 2. 23 Eliz. c. 1. 35 Eliz. c. 2. 3 Jacob. c. 1 2 4 5. 7 Jacob. c. 6. the Emperour Frederick his Epistles against Pope Gregory the 9. and Innocent the 4. recorded in Matthew Paris and others Aventinus Annalium Boiorum Mr. Tyndal's Practice of Popish Prelates the second Homily upon Whitsunday the Homilies against Disobedience and wilful Rebellion Bishop Jewels view of a seditious Bull John Bale in his lives of the Roman Pontiffs Doctor Thomas Bilson in his true difference between Christian subjection and unchristian Rebellion Doctor John White his Sermon at Paul's Cross March 24. 1625. and Defence of the Way c. 6 10. Doctor Crakenthorpe of the Popes temporal Monarchy Bishop Morton's Protestants Apology Doctor Beard 's Theater of Gods Judgements l. 1. c. 27 28. Doctor Squire of Antichrist John Bodin his Common-wealth l. 1. c. 9. The learned Morney Lord du Plessy his Mystery of Iniquity and History of the Papacy The Grimston's Imperial History Matthew Paris Holinshed Speed Cambden and others in the lives of Henry the 3. Queen Elizabeth and other of our Kings and hundreds of printed Sermons on the 5 of November The principal Instruments the Popes imployed of late years in these their unchristian Treasonable Designes have been pragmatical furious active Jesuites whose Society was first erected by Ignatius Loyola a Spaniard by Birth but A SOULDIER by Profession and confirmed by Pope Paul the 3. Anno 1640 which Order consisting onely of ten persons at first and confined onely to sixty by this Pope hath so monstrously increased by the Popes and Spaniards favours and assistance whose chief Janizaries Factors Intelligencers they are that in the year 1626. they caused the picture of Ignatius their Founder to be cut in Brass with a goodly Olive Tree growing like Jesses root out of his side spreading its branches into all Kingdoms and Provinces of the World where the Jesuites have any Colledges and Seminaries with the name of the Province at the foot of the branch which hath as many leaves as they have Colledges and Residencies in that Province in which leaves are the names of the Towns and Villages where these Colledges are situated round about the Tree are the Pictures of all the illustrious Persons of their Order and in Ignatius his right hand there is a Paper wherein these words are ingraven Ego sicut Oliva fructifera in domo Dei taken out of Ps 52. 8. which pourtraictures they then printed and published to the World wherein they set forth the number of their Colledges and Seminaries to be no less then 777. increased to 155 more by the year 1640. in all 932. as they published in like Pictures Pageants printed at
Antwerp 1640. In these Colledges and Seminaries of theirs they had then as they print 15591 Fellows of their society of Jesus besides the Novices Scholars and Lay-brethren of their Order amounting to neer ten times that number So infinitely did this evil Weed grow and spread it self within one hundred years after its first planting What the chief imployments of Ignatius and his numerous swarms of Disciples are in the World his own Society at the time of his Canonization for a Romish Saint sufficiently discovered in their painted Pageants then shewed to the people wherein they pourtraied this new Saint holding the whole world in his hand and fire streaming out forth of his heart rather to set the whole World on fire by Combustions Wars Treasons Powder-plots Schismes new State and old Church-Heresies then to enlighten it with this Motto VENI IGNEM MITTERE I came to send fire into the world which the University of Cracow in Poland objected amongst other Articles against them Anno 1622. Their number being so infinite and the Pope and Spaniard too having long since by Campanella's advice erected many Colledges in Rome Italy Spain the Netherlands and elsewhere for English Scotish Irish Jesuites as well as for such secular Priests Friers Nuns of purpose to promote their designs against the Protestant Princes Realms Churches Parliaments of England Scotland Ireland and to reduce them under their long prosecuted UNIVERSAL MONARCHY over them by Fraud Policy Treason intestine Divisions and Wars being unable to effect it by their own Power no doubt of late yeers many hundreds if not thousands of this Society have crept into England Scotland and Ireland lurking under several Disguises yea an whole Colledge of them sate weekly in counsel in or neer Westminster some few yeers since under Conne the Popes Nuntio of purpose to embroyle England and Scotland in bloody civil wars thereby to endanger shake subvert these Realms and destroy the late King as you may read at large in my Romes Master-piece published by the Commons special Order An. 1643. who occasioned excited fomented the first and second intended but happily prevented wars between England and Scotland and after that the unhappy Differences Wars between the King Parliament and our three Protestant Kingdoms to bring them to utter desolation and extirpate our reformed Religion The Kings Forces in which many of them were Souldiers after some yeers Wars being defeated thereupon their Father Ignatius being a SOULDIER and they his Military sons not a few of them secretly insinuated themselves as Souldiers into the Parliaments Army and Forces as they had formerly done into the Kings where they so cunningly acted their parts as extraordinary illuminated gifted brethren and grand States-men that they soon leavened many of the Officers Troopers and common Souldiers with their dangerous Jesuitical State-Politicks and Practises put them upon sundry strange designes to new-mould the old Monarchical Government Parliaments Church Ministers Laws of England erecting a New General Councel of Army-Officers and Agitators for that purpose acting more like a Parliament then Souldidiers And at last instigated the Army by open force against their Commissions Duties Oaths Protestations and Solemne League and Covenant to Impeach Imprison Seclude first eleven Commoners then some six or seven Lords after that to seclude seclude the Majority of the Commons House suppress the whole House of Lords destroy the King Parliament Government Priviledges Liberties of the Kingdom and Nation for whose defence they were first raised which by no other adverse power they could effect This produced new bloody divisions animosities wars in and between our three Protestant Realms and Nations and after with our Protestant Allies of the Netherlands with sundry heavy monthly Taxes Excises Oppressions Sales of the Churches Crownes and of many Nobles and Gentlemens Lands Estates to their undoing our whole Nations impoverishing and discontent an infinite profuse expence of Treasure of Protestant blood both by Land Sea decay of Trade with other sad effects in all our three Kingdoms yea sundry successive New changes of our publique Government made by the Army-Officers who are still ringing the changes according to Campanella's and Parsons Platforms So that if fire may be certainly discerned by the smoke or the tree commonly known by its fruit as the Truth it self resolves Mat●h 12. 33. we may truly cry out to all our Rulers as the Jews did once to the Rulers of Thessa●onica in another case Act. 17. 6. THOSE Jesuites WHO HAVE TURNED THE WORLD UPSIDE DOWN ARE COME HITHER ALSO and have turned our Kingdoms Kings Peers Monarchy Parliaments Government Laws Liberties yea and our Church and Religion too in a great measure UPSIDE DOWNE even by those very Persons who were purposely raised commissioned waged engaged by Protestations Covenants Vows Oathes Laws Allegiance and Duty to protect them from these Jesuitical Innovations and subversions Those who will take the pains to peruse all or any of these several printed Books most of them very well worth their reading written against the Jesuites and their Practises as well by Papists as Protestants as namely Fides Jesu Jesuitarum printed 1573. Doctrinae Jesuiticae praecipua capita Delph 1589. Aphorismi Doctrinae Jesuiticae 1608. Cambitonius De Studiis Jesuitarum abstrusioribus Anno 1609. Jacobus Thuanus Passages of the Jesuites Hist l. 69 79 83 94 95 96 108 110 114 116 119 121 124 126 129 131 132 134 136 137 138. Emanuel Meteranus his Passages of them Belgicae Hist l. 9 17 18 19 21 23 26 to 34. Willielmus Baudartius Continuation Meterani l. 37 38 39 40. Donatus Wesagus Fides Jesu Jesuitarum 1610. Characteres Jesuiticae in several Tomes Elias Husenmullerus Historia Jesuitici Ordinis Anno 1605. Speculum sive Theoria Doctrinae Jesuiticae necnon Praxis Jesuitaram 1608. Pasquier his Jesuite displayed Petrus de Wangen Physiognomia Jesuitica 1610. Christopherus Pelargus his Novus Jesuitismus Franciscus de Verone his Jesuitismus Sicarius 1611. Narratio de proditione Iesuitarum in Magnae Brit. Regem 1607. Consilium de Jesuitis Regno Poloniae ejiciendis The Acts of the States of Rhetia Anno 1561 and 1612. for banishing the Jesuites wholly out of their Territories NE STATUS POLITICUS TURBARETUR c. mentioned by Fortunatus Sprecherus Palladis Rheticae l. 6. p. 251 273. Melchior Valcius his Furiae Gretzero c. remissae 1611. Censura Jesuitarum Articuli Jesuitarum cum commonefactione illis opposita Anti-Jesuites au Roy par 1611. Variae Doctorum Theologorum Theses adversus quaedam Jesuitica Dogmata The Remonstrance of the Parliament of Paris to Henry the Great against the Re-establishment of the Jesuites And their Censure of Mariana his Book to be publickly burnt printed in French 1610. recited in the General History of France in Lewis 13. his life and Peter Matthew l. 6. par 3. Historia Franciae Variae Facultatis Theologiae Curiae Parisiensis quam aliorum opuscula decreta
COMMON-WEALTH lest perhaps he might infect others or by his example or command turn them from the faith And that the Kingdom of such an Heretick or Prince is to be bestowed at the pleasure of the Pope with whom the people UPON PAIN OF DAMNATION ARE TO TAKE PART AND FIGHT AGAINST THEIR SOVERAIGN Out of which detestable treasonable Conclusions most Treasons and Rebellions of late times have risen in the Christian World and the first smoke of the Gunpowder Treason too as Iohn Speed observes in his History of Great Britaine p. 1250. 2. That the Iesuites have frequently put these treasonable Seditious Antimonarchical Jesuitical damnable Doctrines into practice as well against some Popish as against Protestant King Queen Princes States which they manifest 1. By their poysoning Ione Queen of Navarre with a pair of deadly perfumed Gloves onely for favouring the Protestants in France Anno 1572. 2. By their suborning and animating Iames Clement a Dominical Frier to stab King Henry the 3 of France in the belly with a poysoned Knife whereof he presently died Anno 1589. for which they promised this Traytor a Saintship in heaven 3. By Cammoles the Jesuites publick justification of this Clement in a Sermon at Paris Anno 1593. wherein he not onely extolled him above all the Saints for his Treason against and murder of Henry the 3. but broke out likewise into this further Exclamation to the people We ought to have some Ehud whether it be A MONKE or A SOULDIER or a Varlet or at least a C●w-herd For it is necessary that at least we should have some Ehud This ONE THING ONELY YET REMAINS BEHINDE FOR THEN WE SHALL COMPOSE ALL OUR AFFAIRS VERY WELL AND AT LAST BRING THEM TO A DESIRED END Whereupon by the Jesuites instigation the same year 1593. one Peter Bariere undertook the assasination of King Henry the 4 of France which being prevented and he executed thereupon they suborned and enjoyned one of their own Jesuitical Disciples John Castle a youth of 19 yeers old to destroy this King who on the 27 of December 1594. intending to stab him to the heart missing his aim wounded him onely in the cheek and stroke out one of his Teeth for which Treasonable Act he was justified applauded as a renowned Saint and Martyr by the Jesuites in a printed Book or two published in commendation of this his undertaking Yea Alexander Hay a Jesuite privy to Castle 's villany used to say That if King Henry the 4. should pass by their Colledge which he built for them he would willingly cast himself out of his window headlong upon him so as he might break the King's neck though thereby he brake his own Yet was he punished onely with perpetual banishment After which Jesuitical conspiracies detected and prevented notwithstanding this King Henry before these two attempts to murder him had by their sollicitations renounced the Protestant Religion professed himself a zealous Romanist recalled the Iesuites formerly banished for the murther of Henry the 3. against his Parliament and Counsels advice reversed all the Decrees of Parliament against them razed the publick Pillar set up in Paris as a lasting Monument of their Treasons and Conspiracies built them a magnificent Colledge in Paris endowed it with a very large revenue entertained Pere Cotton one of their Society for his Confessor who revealed all his Secrets to the King of Spain bequeathed a large Legacy of Plate and Lands to their Society by his will and was extraordinary bountiful and favourable towards them yet these bloody ingrateful villains animated that desperate wretch Ravilliac to stab him to death in the open street in Paris Anno 1610. Albigni the Iesuite being privy to this murder before it was perpetrated 4. By their suborning instigating sundry bloody instruments one after another to murder William Prince of Orange prevented in their attempts by Gods providence till at last they procured one Balthasar Gerard to shoot him to death with a Pistol charged with three Bullets the Iesuites promising him no less then HEAVEN AND A CANONIZATION AMONG THE SAINTS AND MARTYRS for this bloody Treason as they did to Iames Clement before for murdering the French King 5. By their poysoning of Stephen Botzkay Prince of Transylvania for opposing their bloody persecutions 6. By their manifold bloody Plots and Attempts from time to time to depose murder stab poyson destroy our famous Protestant Queen Elizabeth by open Insurrections Rebellions Invasions Wars raised against her both in England and Ireland and by intestine clandestine Conjurations from which Gods ever-waking Providence did preserve her Amongst other Conspiracies that of Patrik Cullen an Irish Frier hired by the Iesuits and their Agents to kill the Queen is observable Holt the Iesuite who perswaded him to undertake the murdering of her told him that it was not onely Lawful by the Laws but THAT HE SHOULD MERIT GODS FAVOUR AND HEAVEN BY IT and thereupon gave him remission of all his sins and the Eucharist to encourage him in this Treason the chief ground whereof and of all their other Treasons against this Queen was thus openly expressed by Iaquis Francis for Cullens further encouragement THAT THE REALM OF ENGLAND THEN WAS AND WOULD BE SO WELL SETLED that unless Mistris Elizabeth so he termed his Dread Soveraign though but a base Landress Son were suddenly taken away ALL THE DEVILS IN HELL WOULD NOT BE ABLE TO PREVAIL TO SHAKE AND OVETURN IT Which then it seems they principally endeavoured and oft times since attempted and have now at last effected by those who conceit they demerit the Title of Saints though not in a Romish Calender and no less then Heaven for shaking overturning and making it No Kingdom 7. By their Conspiracy against King Iames to deprive him of his Right to the Crown of England imprison or destroy his person raise Rebellion alter Religion and SUBVERT THE STATE AND GOVERNMENT by vertue of Pope Clement the 8. his Bull directed to Henry Garnet Superiour of the Iesuites in England whereby he commanded all the Archpriests Priests Popish Clergy Peers Nobles and Catholikes of England That after the death of Queen Elizabeth by the course of Nature or otherwise whosoever should lay claim or title to the Crown of England though never so directly or neerly interessed by descent should not be admitted unto the Throne unless he would first tolerate the Romish Religion and by his best endeavours promote the Catholick cause unto which by his Solemn and Sacred Oath he should religiously subscribe after the death of that miserable woman as he stiled Queen Elizabeth By vertue of which Bull the Iesuites after her decease disswaded the Romish-minded Subjects from yielding in any wise obedience to King Iames as their Soveraign and entred into a Treasonable Conspiracy with the Lord Cobham Lord Gray and others against him to imprison him for the ends aforesaid or destroy him pretending that King
against such detestable treasonable violences for the future destructive to all Parliaments if permitted or silently pretermitted without question censure righting of the imprisoned members or any provision to redresse it for the future Our prudent Ancestors were so carefull to prevent all violence force arms and armed men in or near any places where Parliaments were held to terrifie over Qaw or disturb their proceedings or members That in the Parliament of 7 E. 1. as you may read in Rastals Abridgement Armour 1. Provision was made by the King by common consent of the Prelates Earls and Barons by a geciall act That in all Parliaments Treaties and other Assemblies which should be made in the Realm of England FOR EVER every man shall come without Force and withour Armour well and Peaceably to the honour of the King and of the peace of him and of his Realm and they together with the Commonalty of the Realm upon solemne advise declared That it belonged to the King and his part it is by his Royal Signiory strictly to defend wearing of Armour and all other Force against his peace at all time when it shall please him especially at such times and in places where such Parliaments Treaties and Assemblies are held and to punish them which shall do contrary according to the Laws and usage of the Realm And hereunto they are bound to old the King as their Soveraign Lord at all seasons when need shall be Hereupon our Kings ever since this statute by virtue thereof and by the Law and Custome of the PARLIAMENT as Sr. Edward Cook in his 4 Institutes c. 1. p. 14. informs us did at the beginning of every Parliament make a speciall Proclamation prohibiting the bearing of arms or weapons in or neere the places where the Parliament sat under pain of forfeiting all they had Of which there are sundry presidents cited by St. Edward Cook in his Margin whereof I shall transcribe but one which he omits and that is 6. E. 3. Rot. Parliament n. 2. 3. Because that before these dayes at the Parliaments and Councels of our Lord the King Debates Riots and commotions have risen been moved for that people have come to the places where Parliaments have been summoned and Assembled Armed with privy cotes of plate spears swords long knives or daggers and other sort of arms by which the businesses of our Lord the King and his Realm have been impeached and the great men which have come thither by his Command have been affrighted Our Lord the King willing to provide remedy against such mischiefs defendeth that no man of what estate or condition soever he be upon pain of Forfeiting all that he may forfeit to the King shall be seen armed with a Coat of Male nor yet of plate nor with an Halberd nor with a speare nor sword nor long knife nor any other suspicious arms within the City of LONDON nor within the Suburbs thereof nor any place neer the said City nor yet within the Palace of WESTMINSTER or any place neere the said Palace by Land or Water under the foresaid pain except onely such of the kings men as he shall depute or by his command shall be deputed to keep the peace within the said places and also except the Kings servants according to the Sta●ute of Northampton And it is not the intention of our Lord the King that any Earle or Baron may not have his Lance brought to him in any place but onely in the Kings Presence and in the place of Councell The like Proclamations were made in the beginning of the Parliaments of 9. 13 17 18 20 25. Ed 3. and sundry others more necessary to be revived in all succeeding English Parliaments now then ever heretofore since the unpresidented forces upon the late Members of both Houses and the Parliament it self by the Army-Officers and souldiers raised to defend them from violence The Treasonablenesse and Transcendency whereof being at large related in my Epistle to the Reader before my Speech in Parliament 4 December 1648. I shall not here criminally presse or insist on but referre them thereunto However for the future security and freedome of our Parliaments from violence I must crave liberty to imform these Army Parliament-drivers forcers dissolves habituated to this trade That if the late Kings march to the House of Commons accompanied onely with some of his Pensioners and others armed with Pistols and Swords meerly to demand but five Members thereof to be delivered up to Justice particularly impeached by him of High-Treason some dayes before to wit That they had traterously endeavoured to Subvert the Fundamentall Laws and Government of this Kingdome To deprive the King of his Royall power To place over the subjects an Arbitrary and Tyrannicall power To Subvert the very Rights and being of Parliaments and by force and terrour to compell the Parliament to joyn with them in their designs for which end they had actually raised and countenanced Tumults against the King and Parliament Or if the Kings bare tampering with some Officers of his own Northern Army to draw a Petition from them to the Houses or march towards London from their quarters not to seise upon force or dissolve the Parliament or its Members but only to overaw them and impeach the freedome of their debates Votes touching Episcopacy Church-Government and the Kings Revenews were such high transcendent violations of the Priviledges and Freedome of Parliament and unsufferable injuries as both Houses of Parliament seperatly and joyntly proclaimed them to all the world in severall Declarations during his life Or such capitall crimes as those who condemned and executed him for a Traytor and Tyrant have published in the Declaration of 17. March 1648. touching the grounds of their proceedings against him and setling the Government in the way of a Free State without King or House of Lords since his beheading in these very words But above all the English Army was laboured by the King to be engaged against the English Parliament a thing of that strange impiety and unnaturalnesse for the King of England that nothing can answer it but his being a Forraigner neither could it have easily purchased belief but by his succeeding visible actions in full pursuance of the same as the Kings comming in Person to the House of Commons to seise the five Members whether he was followed with some hundreds of unworthy debauched persons armed with swords and pistols and other arms and they attending him at the door of the House ready to execute what the Leader should command them This they charged against the King as the highest of his unparralleld Offences for which they appeal to all the world of indifferent men to judge whether they had not sufficient cause to bring him to Justice Though neither he nor his followers then seised secured secluded injured any one Member when they thus went to the Commons House Yea presently retracted and offered all satisfaction that should
and thereby restored them to their lost Liberty After which Victory Brute major●● na●u convocavit assembling the Elders of the People in nature of a Parliament demanded their advice what he should do with Pandrasus and what things and conditions he should for their benefit demand of him which he would willingly grant being in their power Whereupon some advised him to demand a part of his Kingdome for them freely to inhabit others counselled rather to demand of him free liberty for them all to depart thence with accommodations for their voyage to seek another habitation elsewhere others advised to bring Pandrasus forth a●d to put him to death and seise upon his Realme in case he refused to grant their demands At last Mempritius a great Counsellor standing up said Regem interficere cupiditate Dominandi nefas mihi videtur cum omnibus licitum sit pro patria pugnade To slay a King out of a desire of reigning in his stead seemes a wickednesse unto me seeing it is lawfull to all men to fight for their Country this was the Divinity and Morality of the very Pagan Britons in that age Whereupon I rather advise that we should demand his eldest daughter from him as a Wife for our Captain Brute and a good sum of Gold and Silver with her for her dowry with Ships and all other necessaries for our jouruey and free license to transport our selves to some other Country because we can never hope to live peaceablely there seeing the Children and Nephewes of those which we have newly slain in these Warres would meditate revenge To the which Tota Multi●udo acquievit all the Multitude assented and Pandrasus to save his life and gain his inlargement willingly condescended to furnishing them with Ships and Provisions With which Brute and all his associates arriving at Totnes in Albion seating themselves there Brute from his name styled this Iland Britain and his Companions Britons destroying those few Gyants which formerly possessed it and then building a City which he styled Troy-Novant now London dedicavit eam civibus jure victuris deditque legem qua pacifice tractarentur In this History of our first British King Brute we have these 5. remarkable particulars 1. A Warre to shake off Slavery and recover publick Liberty 2. A kinde of Generall Parliamentary Councell summoned by Brute of all the Elders of the Britons to advise of Peace Warre and of their common safety and affaires 3. A resolution against killing even a Tyrannicall oppressing King taken in the field in Battle out of Covetousnesse to enjoy his Crown and Dominions as a most wicked act 4. A setling of an hereditary Kingly Government in this Isle upon the very first plantation of the Britons in it 5. Lawes made and given to the people whereby they might live peaceably without injury or oppression This Kingdome descended in lineall succession from Brute and his Posterity to Leir Son of King Bladud who reigning 60. years and having only three Daughters Consilio procerum Regni by the Counsell of the Nobles of the Realme assembled in Parliament gave two of his Daughters in marriage to the Dukes of Cornwall and Albania with one Moiety only of the Iland whiles he lived and the whole Monarchy of Britain after his death After this Porrex slaying his elder Brother Ferrex to get the Crown was slain by his own Mother and her maids for his Treason and Fratricide whereupon civill discord arising a long time the Kingdome thereby was subjected to five severall Kings who infested one another with mutuall slaughters till Dunwallo Molmutius succeeding his Father Clotho King of Cornwall in the Crown slaying the usurping Kings of Loegria Wales and Albania reigned alone over them about the time of Nehemiah After which he enacted certain Laws called Molmutine Laws which for many ages after were very famous and generally observed among the Britons yea used commended by the Saxons and English and inserted into Edward the Confessors Lawes being famous till William the Conquerours time What these Lawes were in particular in relation to the Liberty and Property of the Subject appeares not but the issue proves that they tended to publick peace and preservation of the Subjects persons and estates from violence For in his Reign after these Lawes published for confirmation whereof he built the Temple of Concord in Troynovant where he was afterwards buried Latronum mucrones cessabant Raptorum saevitiae obturabantur nec l●erat usquam qui violentiam alicui ingereret The swords of theeves ceased the cruelties of Plunderers and violent takers of mens Goods and possessions were prevented neither was there any to be found in any place who would offer violence to any man Moreover he ordained That the Temples of the Gods and Cities and the wayes leading to them and the Ploughs of Husbandmen should enjoy the priviledges of Sanctuaries so as every person who fled unto them through guilt or otherwise might depart quietly with leave and without arrest before his enemy After his death about 400. yeares before our Saviours Nativity his two Sons Brennus and Belinus by consent divided his Kingdome between them till Brennus the younger Son aspiring after the Monarchy of the whole Iland was vanquished and expelled by his Brother into France In which Warre Gurthlac King of Denmarke ayding Brennus was taken Prisoner by Belinus Qui convocavit omnes Regni proceres c. who called together all the Nobles of the Realme to Yorke consilio eorum tractaturus to debate by their Councell in nature of a Parliament what he should do with Gurthlac who proffered to submit himself with his Kingdome of Denmarke to him to pay him an annuall Tribute and to ratifie this agreement by his Oath and sureties for his inlargement and ransome Whereupon the Nobles Resolved that he should be enlarged upon this condition which was done accordingly Convocatis proceribus cum id judicatum fuisset assensum prebuerunt cuncti that he should be enlarged upon these conditions as the Marginall Authors record After which King Belinus obtaining the Government of the whole Iland Confirmed his Father Molmutines Laws commanding upright and stable Justice to be done throughout the Land and the wayes to the Temples to be marked out in all places with stones that they might not be ambiguous being priviledged from arrests and violence This King addicting himself constantly to Justice the people thereby became more wealthy in few years then ever they had been in former times After this Brennus arriving with an Army out of France to recover his right Belinus being ready to encounter him in a set Battaile their Mother mediated a Peace between them whereupon they lovingly embraced each other and going to Troinovant inito concilio quid agerent having there hold a Councell what they should do they Resolved to send a common Army to conquer France and other Forain parts which they put in execution Here we have matters of Warre
Matthew Parker Archbishop of Canterbury thus comments on this Epistle That in condendis legibus in making Laws the King needed not the Popes authority or assistance having the books of the old and new Testament out of which adhibito procerum consilio by the Counsell of his Nobles he might take holy Laws without any error being sufficiently supported with his own not a forain authority he being Gods Vicar in his own Realm and representing his power to his people After which this King by advice and consent of his Princes and Nobles built and endowed many Churches with Glebes and Lands abundantly confirming them with Charters and Muniments and likewise ordained that Churches and Churchyards should be so free that no Malefactor or other persons flying to them should be arrested or suffer any violence in them King Lucius dying without heir Anno Dom. 201 thereupon discord arose amongst the Britons which gave great advantage to the Romans who thought at first they suffered the British Kings to reign under them making them the instruments of their own and their peoples slavery by their compliance with the Romans yet at last perceiving that divers of th●se British Kings to regain their own and their peoples Liberties did oft times rebell and raise up warres and seditions against them Thereupon after King Lucius his death to keep the Island in greater quietnesse and subjection under them they made a decree That none of the British bloud or race should from thence forth be invested with royall dignity in the Isle as the principall means to keep them in perpetuall slavery and insteed of one King they placed over the Britons in every Province First a Lieutenant with severall Garrisons of horse and fo●t who disarmed all the Natives they suspected sucked the peoples bloud and vexed them with Souldiers and Contributions Next a Procurator and Publicans who like greedy●Cormorants and horse-leeches confiscated their goods preyed upon their estates and vexed them with perpetuall exactions extortions and reproachfull abuses Also a Pretor and Proconsul with absolute power and commission to govern them after the Roman Laws not permitting them to use the ancient Laws of their Country and to minister Justice in all capitall matters with great pompe and severity So that the Roman Lawes were now only in use and force amongst the Britons which a learned Poet thus expresseth Cernitis ignotos Latia sub lege Britannos And withall they endevoured constantly to nourish discord and division amongst the Britons themselves and by these wily Policies kept them in subjection under them who yet upon all occasions and advantages endevoured to shake off the Roman yoak and restore their native Liberties Laws Government with the hazard of their lives as our Historians largely relate About the year of Christ 286. Carausius a Briton having gotten a Commission from Rome to defend the Sea coasts of Britain from the incursions of barbarous Nations raysing great forces under that pretext promised the Brit●ns That if they would chuse him for their King he would expell the Romans and free the whole Island from the Barbarians Whereupon they all consented and made him King upon which he denied to pay the Romans their accustomed Tribute The Senate being informed hereof sent Alectus into Britain to reduce it who joyning battail with Carausius slew him and made a great slaughter of the Britons because they revolted from the Roman republick and subjected themselves to Carausius who preferred their liberties before their lives Alectus taking upon him the royall Diadem was soon after slain with most of his Roman Souldiers by Asclipiodorus Duke of Cornwall and the Britons fighting to regain their Liberties who crowned Ascl●piodorus King by common consent He ruled them for X. years with right justice restraining the cruelty of Plunderers and swords of Robbers and freed them from the Roman tribute Coel Duke of Colchester slaying him and making himself King the Romans having lost their tribute for above ten years space sent Constantius into Britain to reduce it under obedience who no sooner landed but Coel hearing of his great fame and victories in other parts sent Ambassadors to him craving peace and promising subjection which he accepted of exacting nothing but the usual tribute Coel deceasing shortly after leaving one only daughter Helena to inherit the Kingdom Constantius maried and begot upon her that famous Constantine the Great This Emperor Constantius Chlorus coming into Britain to govern it about the year of Christ 302. finding the ill effects of others tyranny and rapine shewed himself very loving gentle affable and kind to the people little regarding his private profit but altogether reigning to enrich his subjects and to that end would often say I would our late and present Tax-imposing Governours would remember it That it was more behoovefull for the publick that the wealth of the Land should be dispersed into the Commons hands then to lie locked up in Princes coffers or in such a Common Treasury as our new Projectors have provided for it by the 28 29. Articles of their Ill-sounding instrument after which they would have us henceforth dance The Emperor Constantine the Great his Son borne and crowned both King and Emperor in Britain amongst other good Laws made these two memorable ones for the relief of poor Christians injuriously banished and deprived of their Lands and Goods by Diocletian Maximinian Licinius and other persecuting Pagan Roman Emperors about the year 313. wherein he restored the banished Christians to their native Countries Lands and former dignities as the Marginall Authors witnesse Which Lawes are recorded in Eusebius de vita Constantini l. 2. c. 30 31. The first of them is intituled A Law for fre●ing or relieving banished men to this effect Therefore all those who being brought under the cruell sentences of Iudges at what time soever it befell them have been compelled to change their Country by exile because they neglected not what made for the honour of God and Religion to whom they had consecrated themselvos with the whole powers of their souls All these I say being restored both to their hereditary Possessions and their accustomed tranquillity may give thanks to God the setter free of all men And those who having been deprived of their Goods oppressed with the losse of their Estates have hitherto lived a most contemptible life these being likewise restored to their former houses families and goods may chearfully prayse the beneficencie of God who is best and mightiest The second inscribed A Law reducing those who were banished into Islands in these words Moreover we command that those who are now detained in Islands against their wils shall enjoy the benefit of this our provision and care to wit that whereas hitherto they have been shut up on every side in the narrow cliffs of mountains and invironed with the raging waves of the Sea being now freed from that bitter
solitarinesse utterly repugnant to the nature of men they may return again to their most beloved friends And whereas they have lived a long time in a filthy sordid and odious condition having obtained a returne as a sudain and unexpected booty and being freed from cares and troubles they may hereafter live a life void of fear under our Empire In the year of grace 376. Octavius King of the Britons dying without issue male leaving one only daughter there fell out a difference among the Britons to whom they should marry her with the Kingdome at last in the year 379. Magnates Britannie the Nobles of Britain that they might obtain a firme Peace concluded no doubt in a generall Councell to send Embassadors to Rome to tender the Lady with the Crown to Maximian a Roman Senator Son of Leolin a●Briton Unkle to Constantine the Great Geoffry of Monmouth and his Epitomizer Ponticus Virunnius thus relate the story That King Octavius being old and having one only Daughter quesivit a consiliariis suis demanded of his Counsellors whom they desired to advance to be King after his decease Whereupon some of them advised that he should bestow his daughter together with the Realm on some of the Noble Romans to procure a firme peace Others advised that Conon his Nephew should be installed in the royall Throne of the Realm and his Daughter with gold and silver married to some forain Prince Whiles these things were debating Caradoc Duke of Cornwall came in and gave his advice that they should invite Maximinian the Senator descended of British and Roman as well as royall bloud to come into Britain to marry the Kings Daughter and with her the Realm whereby they should enjoy perpetuall Peace Which Conan for his own interest opposed but major pars Laudabat the major part of the Nobles approved it and consented thereunto Whereupon Caradoc sent his Son Maurice to Maximinian who related to him that Octavius being aged and sick desired nothing more then to finde out such a person of honour on whom he might bestow his Kingdome with his daughter consiliumque a proccribus suis quesivit and that he had demanded counsell from his Nobles to whom he might marry his only daughter with the Crown That the Nobles in obedience to his command Decreverunt ut tibi Regnum et puella concederetur had decreed that the Kingdom with the Damsel should be granted to him that they had decreed he should come and give him notice thereof Whereupon Maximinian imbracing the offer came into Britain and landed at Hampton with a great train of Souldiers the King suppofing them to be an Army of Enemies commanded all the forces of the Kingdome to be assembled and march against them under Conan which Maximinian admiring at and unable to resist them sent Embassadors to Conan with olive branches telling him they were sent from Rome to the King and required peace till they knew his pleasure And when Conan doubted whether to give them Peace or Battaile Caradoc Duke of Cornwall and the rest of the Nobles disswaded Conan from fighting with them and advised him to grant them Peace which he did who being brought to London to the King he communi consensu by common consent of his Nobles gave his Daughter with the Kingdome to Maximinian By which it is apparent that the King without consent of his Nobles in Parliament could not dispose of his Daughter nd ●heir to the Crown nor of his Kingdome to another That the Nobles in that age were the Kings great Councell and Parliament of the Nation and that the major part of them swayed all businesses in their Councels by the majority of voices the ends for which I relate it In the year 390. Maximus the Tyrant King of Britain invading Armoric● in France caried such a multitude of Souldiers with him out of Britain that he left almost all Britain empty of Souldiers and Forces to defend it carrying all the Souldiers and Warlike young men with him leaving none but unmanly and country people behinde him and having subdued all Armorica that year he styled it little Britain The next year he sent for one hundred thousand Britons more to people it and thirty thousand Souldiers out of Britain to garrison the Townes and the next year he sent for eleven thousand Virgins and sixtie thousand other persons to be transported into little Britain whereby old Britain was almost quite dispeopled and left destitute of all defence Hereupon the Huns and Picts invaded and infested the Britons very much slaying the Britons and wasting their Cities and Towns the Britons sending to Maximus for assistance he sent Gratianus a Senator with two Legions to aide them who slew many of the enemies and chased the rest into Islands Anno 392. Maximus being slain at Rome thereupon Gratianus taking upon him the Crown of Britain made himself King thereof after which he exercised so great Tyranny towards the Britons that the common geople gathering together slew him Whereupon the former expulsed enemies returning oppressed and afflicted the Britons very much for a long time Upon this the Britons Anno 420 and 421. sent to the Roman Emperors for aide to expell these invaders which they sent accordingly but in small proportion who chasing away the enemies for the present then encouraging and teaching the Britons how to defend themselves and make wals and Fortifications to resist their invasions returned back again by reason of other Warres Upon this their former enemies infested them more then formerly As last Anno 434. in the 8. year of Theodosius the younger the Romans by occasion of other Warres withdrew all their Souldiers out of Britain leaving the Britons destitute like so many sheep without a Shepherd exposed to the Wolvish cruelty aud depredations of the Picts Scots Norwegians Danes who forced them to flie from their Cities and Houses into Woods Mountains Caves Rockes and there to hide themselves from their bloudy fury In this distresse they sent Messengers to Rome with this short mournfull relation of their lamentable condition Agitio ter Consuli Gemitus Britonum salutem Nos mare ad Barbaros Barbari ad mare propellunt Inter haec autem duo funerum genera oriuntur aut enim submergimur aut jugulamur The Messengers returning without any aid from Rome which was denied them and relating to their Country-men their sad repulse the Britons taking counsell together how to redeem themselves in this forlorne estate withheld the payment of their ancient Tribute to the Romans which they had a long time paid them and sent Guithelin Archbishop of London to their Brethen in little Britain for aid where being honorably received by King Androenus he acquainted him with the cause of his coming and the great miseries and distresses of his Countrymen pressing him with many arguments to goe and receive the Kingdome of Britain which of right belonged to him and
Gorlois Duke of Cornwall was present The King not long after being taken with a great sicknesse Octae and Osa the Saxon Generals bribing their Keepers efcaped out of Prison and then collecting all their forces resolved to extirpate the Britons and Christian Religion out of the Island in pursuance whereof they wasted the Land from Sea to Sea sparing neither Bishops nor Churches overruning all places without resistance The Britons deserting their sick King fled into Woods and Caves refusing to follow the Counsel and Conduct of Consul Lotho a most valiant man whom the King had made Generall of his Forces Hereupon King Vther being much grieved for the Subversion of the Realm the Oppression of the Church the Desolation of the Nobles and Dispersion of the People Anno 512. CONVOCATIS OMNIBVS REGNI SVI MAGNATIBVS calling together all the Nobles of his Realm in a General Parliamentary Councel sharply reproved them both for their Pride and S●othfulnesse and casting out many bitter words with reproaches against them informed them that he himself would lead them against the Enemies that so he might reduce the minds of them all to their pristine state and audacity And commanding himself to be carried in his sick bed in a Litter into the Camp his infirmity not permitting him to be carried otherwise he marched therein with all the strength of the Kingdome against the Enemies who scorned to fight with him being sick in his Litter and at last forcing them to fight after many bloudy encounters utterly routed their forces and slew Octa and Osa their Generals Anno 516. The Saxons treacherously poysoning this Noble King the Bishops Clergy and People of the Realm assembling together buried him honourably at Ambri within the Quire of Giants The funeral being ended Dubricus the Arch-Bishop SOCIATIS SIBI EPISCOPIS ET MAGNATIBVS associting the Bishops and Nobles to him magnificently advanced his Son Arthur a youth but sixteen yeares old to be King to which Solemnity CONVENERVNT EX DIVERSIS PROVINCIIS PROCERES BRITTANNORUM the Nobles of the Britons assembled out of divers Provinces to Ca●rleon and there crowned King Arthur who having routed the Saxons in twelve severall Battles afterwards if we believe our British Fables as Malmesbury stiles them conquered all France and keeping his Court at Paris CONVOCATIS CLERO ET POPVLO STATVM REGNI PACE ET LEGE CONFIRMAVIT Whence returning into Britain in triumph about the year 536 Pentecost aproaching he resolved to keep that Solemnity at Caer-●eon and there to be new Crowned Whereupon he sent Messengers into all the Kingdomes and Countries subject to him inviting ALL THE KINGS DUKES and NOBLES SUBJECT TO HIM TO COME TOGETHER TO THAT SOLEMNITY that he might ren●e a most firm Peace between them Whereupon no lesse than thirteen Kings three Arch-Bishops with sundry PRINCES DUKES CONSULS EARLES and NOBLES there assembled whose names you may read at large in Geoffry Monmouth The King being solemnly crowned by D●bricius Arch-Bishop of 〈◊〉 in the midst of the Feasts Sports and 〈…〉 at this Coronation behold twelve men of mature age of reverend countenance bringing Olive branches in their right hands in token of their Embassy with grave paces came to the King and having saluted him presented him with 〈…〉 Luciu Tiberius Procurator of the Roman R●publi●k to this effect I exceedingly admire the frowardnesse of thy Tyranny a●d the Inj●ry thou hast done to Rome that going out of thy self thou refusest to acknowledge her neither dost thou consider what it is to offend the Senate by unjust actions to whom thou art not ignorant the whole 〈…〉 Service For thou hast presumed to detain THE TRIBUTE OF BRITAIN which THE SENATE COMMANDED THEE TO PAY because Caius Julius and other Romane Emperours have injoyed it for a long time neglecting the command of so great an Order Thou hast taken away from them the Province of the Switzers and all the Isles of the Ocean whose Kings whiles the Roman power p●evailed in those parts pai● Trib●te to our Ancestors Now because the Senate hath diverced to demand Justice concerning so great heapes of thy injuries I command thee to rep●ir to Rome to answer them on the midst of August the year following the time pr●fixed to thee that satisfying thy Lords thou maist submit to that sentence which their Justice shall pronounce But if thou refusest I my self will come in person into thy Quarters and will endeavour to restore by the Sword what ever thy frenzy hath taken away from the Republick This Letter being read in the presence of all the Kings and Nobles present King Arthur went apart with them to consult concerning this businesse where craving their unanimous advise and sense conce●ning these Mandates He said That he thought the inquietation of Lucius was not much to be feared since ex irrationabile causa from an unreasonable cause he exacted the Tribute which he desired to have out of Britain For he saith that it ought to be given to him because it was paid to Julius Caesar and the rest of his Successors who invited by the divisions of the old Britons arrived with an Army in Britain and BY FORCE and VIOLENCE SUBJECTED THE COUNTRY TO THEIR POWER SHAKEN WITH DOMESTICK COMMOTIONS Now because they obtained it is in this manner Vectigal ex ea INIVSTE RECEPERVNT They RECEIVED TRIBUTE CUT OF IT unjustly Nihil enimu od vi violentia acquiritur juste ab ullo prossidetur qui violentiam intulit Irrationabilem ergo causam pretendit qua nos jure sibi tributarios arbitratur c. FOR NOTHING WHICH IS ACQUIRED BY FORCE and VIOLENCE IS JUSTLY POSSESSED BY ANY MAN WHO HATH OFFERED THE VIOLENCE Therefore he pretends AN UNREASONABLE CAUSE whereby he supposeth us of right to he Tributaries to him Now because he presumes to exact from us id quod injustum est THAT WHICH IS UNJUST by the same reason let us demand Tribute of Rome from him and he which shall become strongest let him carry away that he desires to have For if because Julius Caesar and the rest of the Roman Emperours have in times past subdued Britain he determines that Tribute ought now to be rendred to him out of it in like manner I think that Rome ought now to render Tribute unto us because my Ancestors have in ancient times obtained it For Belinus that most noble King of the Britons using the assistance of his Brother Brennus Duke of the Allobroges having hanged up four and twenty of the most Noble Romans in the midst of the market place took the City and being taken possessed it a long time Moreover Constantine the sonne of Helen and Maximianus both of them my neer Kinsmen both of them Kings of Britain one after the other obtained the Throne of the Roman Empire Doe yee think therefore that Tribute is to be demanded by the Romans Concerning France or the Collaterall Islands of the Ocean I am not to answer to
serpentem odiens CIVILIAQUE BELLA CREBRAS INJUSTE PRAEDAS SITIENS animae tuae caelestes portas pacis ac refrigerii praecludis Quid tu etiam insularis Draco MULTORUM TYRANNORUM DEPULSOR TAM REGNO QUAM ETIAM VITA snpradictorum novissime in nostro stylo prime in malo major multis potentia simulque malitia Largior in dando profusior in peccato robuste armis sed animae forti●r excidiis Maglocune in tam vetusto scelerum a●ramento stolide volutaris Quare tantas peccaminum regiae cervici sponte ut ita dicam ineluctabiles celsorum seu Montium innectis moles Nonne in primis adolescentiae tuae annis avunculum Regem cum fortissimis propemodum militibus acerrime ense hasta igni oppressisti Parum cogitans propheticum dictum Viri inquiens sanguinum doli non dimidiabunt dies suos Quid pro hoc solo retributionis a justo judice sperares si non talia sequerentur quae secuta sunt itidem dicente per prophetam Vae tibi qui praedaris nonne ipse praedaberis qui occidis nonne ipse occideris cum d●siveris praedari tunc cades These sinnes brought the ancient British Kings with their Kingdomes and People to ruine Legitur in Libro Gildoe Sapientissimi Britonum Quod ijdem Britones propter Avaritiam rapinam Principum propter iniquitatem injuriam Judicum propter desidiam praedicationis Episcoporum propter luxuriam malos mores populi Patriam perdiderunt write Alcuinus and Malmesbury The Lord grant they may not bring our Kingdomes and Nations to like ruine and desolation now How many bloudy Warres and battles the Brotons after they were driven out of their Country into the Welsh Mountaines by the Sa●ons fought with them for the defence of their Country Rights Liberties under the conduct of valient Cad●in who after twenty four yeares civill Dissention amongst the Britons and so long an Inter-regnum was by the UNANIMOUS CONSENT OF ALL THE PRINCES and NOBLES OF THE BRITONS ASSEMBLED TOGETHER in a great Parliamentary Councill AT LEGECESTER ELECTED and MADE 〈◊〉 OF THE BRITONS Which Nobles and Counsellor would not permit him to give way that Edwin the Saxon by his permission should be crowned King of Northamberland Aiebant enim CONTRA IVS VETERVMQVE TRADITIONEM ESSE Insulam unius CORONAE DVOBVS CORONATIS SVBMITTI DEBERE And after his decease under Cadwallo his Son who succeeded him in the Crown and under famous Cadwallader succeeding Cadwallo his Father in the Kingly Government by lineall d●scent by whose death both the royall blond with the Government of the Britons and the very name of Britain it self expired you may read at large in Geoffry Monmouth B●da Gildas Maelmesbury Huntindon Mathew Westminster Fabian Holinshed Grafton Speed and others being over tedious to relate The divisions and discords amongst the British Nobility during Cadwalladers sicknesse seconded with eleven yeares sere p●stilence famine and all sorts of miseries whereby the land became desolate enforced them to forsake their native Country and to seek relief in forraign parts Whereupon the Saxons sending for more of their Countrymen into Britain replenished and planted the vacant Country dispossessing the Britons totally of their ancient rightfull Inheritance which they never since regained after they had possessed it from Brute to Cadwallader for two thousand seventy six yeares under one hundred and two Kings as John Brompton records in the beginning of his History col 725. And this shall suffice concerning the Britons Contests and Wars for their Liberties Laws Government Country Religion against the Romans Saxons and touching their Great Parliamentary Councils Proceedings in them from Julius Caesars to the Saxons Conquest and total supplantation of them by Treachery Violence and the Sword of which violent Intrusion Laeland our famous Antiquary and Archbishop Parker in his Antiquit●tes Ecclesiae Britannicae p. 12. give their Censure in point of Conscience who writing of Pope Gregories conversion of the Pagan Saxons who expelled the Britons to the Christian Faith conclude thus Debuerat Gregorius admonuisse Saxones GENTEM PERFIDAM ut si syncere Christia●issim●m admittere vellent BRITANNIAE IMPERIVM QVOD CONTRA SACRAMENTVM MILITIAE PER TYRANNIDEM OCCVPAVERANT IVSTIS DOMINIS AC POSSESSORIBVS RESTITVERENT That is Gregory ought to have admonished the Saxons a PERFIDIOUS NATION that if they would sincerely embrace Christianity they then ought to restore the Kingdome of Britain which they had seised upon by Tyranny against the Oath of their Militia to the just Lords and Possessors thereof a Doctrine fit to be pressed on others now by all our Ministers which because they neglected to doe you may read what a divine retaliation their Postetity received from the Pagan Danes in the insuing Sections CHAP. III. SECT III. Comprising some remarkable Generall Historicall Collections proving the limited Power and Prerogative of the first Saxons Kings of England disabled to make any Lawes Warre Peace alienate their Crown Lands impose any Taxes Tributes in any Necessity or kind whatsoever but in and by common consent in the Generall Parliamentary Councils of their Nobles and Wisemen which they were obliged to summon upon all occasions when there was need and to govern their people justy according to Law The Saxons proceedings against their Tyrannicall oppressing Kings and the severe Judgements of God upon some Saxon Subjects for their Perjury Treachery disloyalty Rebellion against expulsions murders of their lawfull Soveraignes and unrighteous violent disinheriting the Christian Britons by the sword of their Native Country THe British Kings and Britons being for their Tyranny Perjury Treachery Injustice and other sinnes related reprehended by Gildas driven out and dispossessed of their Royalty and Country by the Saxons they about the year of our Lord 576. divided it into seven Kingdomes and set up seven Kings in severall parts of the Island who soon after waged civill Warres and more than civill Warres one with another These Kings all agreed utterly to delete the name of Britain and the memory of the Britons Whereupon they by common consent ordained That the Island should not be called Britain from Brute but England These Kings were at first elected by the Saxon Nobles and People to reign over them to govern the people of God and TO MAINTAIN and DEFEND THEIR PERSONS and GOODS IN PEACE BY THE RULES OF RIGHT And at the beginning so soon as they turned Christians they made their Kings to swear that they should maintain the Christian faith with all their power and GOVERN THEIR PEOPLE BY RIGHT without respect to any person and should be SUBJECT TO SUFFER RIGHT AS WELL AS OTHERS OF THE PEOPLE And although the King ought not to have any Peer in his Land for as much if he did wrong or offended against any of his people he or any of his Commissioners should not be both Judge and party it behoved of RIGHT THAT THE KING SHOULD
HAVE COMPANIONS FOR TO HEAR AND DETERMINE IN PARLIAMENT ALL THE WRITS AND PLAINTS OF THE WRONGS OF THE KING OF THE QUEEN AND OF THEIR CHILDREN and especially of those OF WHOSE WRONGS ONE COULD NOT HAVE RIGHT OTHER WHERE And these Companions are now called Counts after the Latine word Comites every o●e of which had at first a Country delivered to him to guard and defend it from the Enemies which Country is now called a County and in Latine Comitatus and these Counties together with the Realm were turned into an Inheritance So Horne in his Mirrour of Justice in the reign of King Edward the first These English Saxons from the first Settlement of their K●●gdomes and Monarchies had no Soveraign Power at all t● make alter or repeal Lawes impose Taxes or alien their Crown Lands but onely by common consent in General Parliamentary Councils much lesse to imprison con●emn exile out-law any m●ns person or to deprive him of his Life Lands Goods Franchises against the Law without any Legall triall as these Subsequent Historicall Collections will at large demonstrate That they had no Power nor Authority to make alter or repeal any Lawes but onely by common advice and consent of their Nobles and Wise-men in their Great Parliamentary Councils of the Realm is evident by this passage of our Venerable Beda concerning Ethelbert King of Kent the first Christian Saxon King and Law-maker He about the year of Christ 605. Inter caetera bona quae genti suae consulendo conferebat etiam Decreta illi juxta exempla Romanorum CVM CONSILIO SAPIENTVM CONSTITVIT Quae conscripta Anglorum sermone hactenus habentur observantur ab ea In quibus primitus posuit qualiter id emendare deberet qui aliquid rerum vel Episcopi vel reliquorum ordinum furto aufernt volens scilicet tuitionem eis quos quorum doctrinam susceperat praesiare Malmesbury and Huntingdon write of him Quin etiam curam extendens in posteros LEGES PATRIO SERMONE TVLIT quibus bonis praemia decerneret improbis per remedia meliora occurreret NIHIL SVPER ALIQVO NEGOCIO INFVTVRVM RELINQVENS AMBIGVVM The first Law this Christian King ever made BY THE COUNCIL OF HIS WISE-MEN was for God his Church and Ministers to protect them and theirs from violence a Jove principium and the next for to Protect Great Councils and their Members from Injury thus recorded by Sir Henry Spelmau out of a famous ancient Manuscript called Textus Roffensis 1. Quicunque Res Dei vel Ecclesiae abstulerit duodecima componat solutione Episcopires undecima solutione Sacerdotis res nona solutione Diaconires sexta solutione Clerici res trina solutione Pax Ecclesiae violata duplici emendetur solutione Pax Monachi duplici etiam solutione 2. Si Rex populum suum convocaverit hos ILLIC quispiam injuria afficerit duplex esto emendatio praeterea 50. Solidos Regi pendito Let the forcers of Parliaments consider it To these I might subjoyn all the Ecclesiasticall and Civil Lawes Canons Constitutions of all our other Saxon Kings before the Normans reign recorded in Mr. Lambards Archaion and scatteringly mentioned in Beda Ingulfus William of Malmesbury Huntindon Mathew Westminster Florentius Wigorniensis Brompt Antiquitates Eccl. Britannicae Mr. Seldens Titles of Honour Mr. Fox Acts and Monuments with other Antiquaries and Historians all made altered amended repealed from time to time by common advice and consent in their Great Parliamentary Councils which because I have particularly insisted on in my Antiquity Triumphing over Novelty and Historicall Collection of the ancient Great Councils and Parliaments of England I shall forbear here to repeat at large being never yet denied by any and a truth beyond contradiction That our Saxon Kings from their original institution could not alienate or transferre to any other uses no not to endow Churches support Gods Worship or Ministers any of their Crown Lands Demesnes or Revenues without common consent of their Nobles and Prelates in their Great Parliamentary Councils is apparent by the three first Charters we read of granted by Ethelbert the first Christian Saxon King to the Church of Peter and Paul in Canterbnry Anno Dom. 605. Wherein the King CVM CONSENSV venerabilis Augustini Archiepiscopi AC PRINCIPVM MEORVM by the consent of Archbishop Augustine and his Princes first gave and granted a parcell of Land of his Right in the East part of the City of Canterbury to build a Church and Monastery to the honour of St. Peter and after that by a second Charter of the same date confirmed by his own the Arch-bishops and Nobles subscriptions thereto with the Sign of the Crosse he gave and granted other Lands in Langeport to God and his Church and after that by a third Charter Anno 610. he granted other Lands and Priviledges to it as a testimony of his gratitnde to God for his conversion from the Errour of false Gods to the worship of the onely true God adjuring and commanding in the name of the Lord God Almighty who is the just Judge of all things that the said Lands given to this Church by the said subscribed Charters should be perpetually confirmed so that it should not be lawfull for himself nor for any of his Successors Kings or Princes or for any Secular or Ecclesiasticall Dignity to defraud the Church of any part thereof And if any shall attempt to diminish or make void any thing of this Donation let him be at present separated from the holy Communion of the body and bloud of Christ and in the day of Judgement let him be separated from the fellowship of all the Saints The two first of his Charters and Donations to this Church were approved and confirmed in a Common Councill assembled by this King at Canterbury 5. January Anno 605. Omnium singulorum approbatione consensu BY THE APPROBATION AND CONSENT OF ALL AND EVERY OF THEM as you may read at large in Sir Henry Spelman and William Thorne This truth is further abundantly confirmed by the Charter of Immunities of Withraed King of Kent granted to the Churches under him Anno 700. The Charter of Ethelbald King of Mercia to the Church of Croyland An. 716. The Charter of King Ive of Lands and Priviledges to the Church of Glastonbury Anno 725. The Charter of King Offa of Lands and Priviledges to the Courch of St. Albanes Anno 794. The Charter of King Egfred to the same Church Anno 797. The Charter of Bertulph King of Mercia to the Abbot of Croyland made in the Parliamental Great Council of Biningdon Anno 850. and of Kingsbury Anno 851. a memorable president recorded at large by Abbot Ingulphus Hist p. 858. to 863. the Charter of King Aethelstan to the Abby of Malmesbury An. 930. The Charter of King Edmond to the Abbot of Glastonbury Anno 944. and of the same Edmund to the Abby of Hyde Anno 966. and to
the Abby of Croyland the same year and to the Abby of Malmesbury Anno 974. with many other Charters of our Saxon Kings to Abbies Bishops and Churches recorded in Ingulphus Malmesbury Spelman and others all which were made and confirmed by these Kings with the consent and approbation of their Bishops Abbots and Nobles assembled in their Great Parliamentary Councils and ratified confirmed by them being else void in Law and repea●lable as appeares by the Generall Council of Kingston Anno 838. Wherein the Manor of Mallings in Kent which King Baldred had formerly given to Christs Church in Canterbury being afterwards revoked and substracted from it because the Nobles offended with the King would not ratifie that donation nor suffer it to remain firm was resetled and confirmed to this Church in and by this Council specially summoned for that purpose by King Egbert and his Son Athelwelfe CONSENTI ENTIBVS DEMVM MAGNATIBVS the Nobles now at last consenting to it in this Council which they refused formerly to doe A clear Evidence of the Noble-mens Negative and Affirmative Voyces to the Saxon Kings grants of their Lands and Charters to pious uses and of their invalidity without their concurrent assents thereto In most of these forecited Charters of our Kings to these Churches and Monasteries it is observable that they exempted them and their Lands AB OMNIBVS PVBLICIS VECTIGALIBVS ONERIBVS REGIIS EXACTIONIBVS ET OPERIBVS nisi in structionibus Arcium vel Pontium quae nunquam ull●s possint Laxari From which notwithstanding King Ive exempted the Abby of Glastonbury and King Aethulwulfe and Beorred the Abby of Croyland ab expeditione militari And therefore as they could not thus exempt them from publick Tributes Burdens Regal Exactions and Services without common consent in Parliamentary Councils so they could not impose any publick Tributes Burdens Exactions or Services on them without common grant and consent in such Councils unless by special referrations as I shall by ensuing Presidents most fully evidence How carefull the Saxon Nobles and Subjects were from the first erection of their Kings and Kingdomes in England to preserve their Priviledges Liberties Properties Lawes from the usurpations Invasions and arbitrary power of Tyrannical Kings or Usurpers and how un●nimous magnanimous they shewed themselves in their just defence will appear by these few Presidents of their Proceedings against their Tyrannicall Oppressing Kings which I shall muster up together in their Chronologicall Order Anno Dom. 756. Sigebert King of the West-Saxons growing insolent and proud by the Successes of his Predecessors in their Warres became intolerable to his People treating them very ill by all kind of meanes LEGESQVE ANTECESSORVM SVORVM PROPTER COMMODVM SVVM VEL DEPRAVARET VEL MVTARET endeavouring to d●prave or change the Laws of his Ancestors for his own private luchre and using EXACTIONS CRUELTIES UPON HIS SUBJECTS setting asid●● ALL LAWES Whereupon his most Noble and Faithful Counseller Earle Cumbra lovingly intimating to him the complaints of all the people perswaded the King to govern the people committed to his Charge more mildly and to lay aside his inhumanity that so he might become amiable to God and man he thereupon soon after commanded him to be wickedly slain and becoming afterwards more cruell to the people augmented his Tyranny Vpon which the rest of the P●ers seeing their State and Lives were every day in danger and the Common Subjects WHOSE LAWES WERE THUS VIOLATED being incensed into fury all the Nobles and People of his Realm assembling together rose up against him and upon provident mature deliberation AND UNANIMOUS CONSENT OF ALL they before he had reigned full two yeares expelled him out of the Kingdom and elected and made Kenulphus sprung from the bloud royall King in his stead Whereupon flying into the Woods like a forlorn person for shelter he was there slain by Cumbra his Swineherd in revenge of his Masters death Ita cr●delitas Regis omnem pene Nobilitatem pervagata in homine ultimae sortis stetit writes Malmesbury To which Henry Huntindon addes this memorable observation Ecce manifestum Domini Judicium ecce quomodo Domini justitia nonsolum in futuro seculo verum etiam in isto digna meritis recompensat Eligens namque Reges improbos ad contritionem promeritam subjectorum alium diu insanire permittit ut populus pravus diu vexetur Rex pravior in aeternum acrius crucietur veluti Ed●lboldum regem Merce praesatum alium vero cita disterminatione praeoccupat ne populus suus nimia Tyrannide oppressus non respiret immoderata Principis requitia citissimas ultionis aeternae debito paenas incurrat veluti Sigebertum hunc de quo tractamus Qui quanto nequior extitit tanto vilius a Subulco interf●ctus a d●lore in dolorem transiit Vnde Domini justitiae aeternae laus gloria nunc semper In the year of our Lord 758. the people of the Kingdome of Mercia rising up against their King Beornred pro eo quod populum non EQVIS LEGIBVS sed PER TYRANNIDEM GVBERNARET because he governed his people not by their JUST LAWES but by arbitrary Tyranny they all of them as well NOBLES as IGNOBLE assembled together in one and Offa a most valiant young man being their Generall they expelled him out of the Realm which being accomplished BY THE UNANIMOUS CONSENT OF ALL as well Clergy as People they crowned the said Offa King This Beornred treacherously murdered King Ethelbald his Soveraign whose Captain he was and then usurped his Crown but was himself deprived of it and slain soon after by Offa who succeeded him by divine retaliation So Edwin King of Mercia in the year 857. for his Misgovernment his despising the Wise-men and Nobles of the Realm who hated his vicious and oppressive courses affecting and fostering ignorant and unrighteous persons his forcible expelling the Monkes and others out of their possessions by armed men his banishing Dunstan into France for reprehending his vices and other injurious and Tyrannicall Actions against Law and Right was utterly forsaken and rejected by all his Subjects and by the unanimous consent of all dejected deposed from his royall Dignity and his Brother Edgar Elected King in his place Deo dictante annuente populo by the dictate of God himself and the peoples consent AB OMNI POPVLO ELECTVS as our Historians write By these Presidents pretermitting others it is apparent that the ancient Saxons held their Kings Supremacy to be bounded within the rules of Law and Justice and that they esteemed their Kings to lose both the name and office of Kings when they ceased to Govern them according to Law and Justice or exalted themselves above their Lawes and Liberties which was not onely the ancient Divinity of those former times as appeares by Pope Eleutherius his forecited Letter to King Lucius but the received Law amongst the Saxons as
is evident by the Lawes of King Edward the Confessor Lex 15. hereafter cited The Law was the sole Umpire between these Kings and their people which Law as no Great man nor any other in the whole Kingdome might violate or abolish as Ive the great Saxon King confesseth in his Lawes So the Kings themselves were to submit thereto in all things as well as their Subjects Whence Aethelstan the Saxon King in his Prologue to his Lawes made at the Great Councill of Grat●ley Anno Dom. 928. by the advice of the Arch Bishops Bishops Nobles and Wise men of the Realm used this memorable expression as the Law of that age between King and people Ea mihi vos tantum modo comparatis velim QVAE JVSTE AC LIGITIME PARARE POSSITIS Neque enim mihi ad vitae usum QVICQVAM INJVSTE ACQVIRI CVPIVERIM Etenim cum ea ego vobis LEGE VESTRA omnia benigne largitus sum ut MEA MIHI VOS ITIDEM CONCEDATIS prospicitote sedulo ne quis vestrum neve ●●rum aliquis qui vobis paruerit offensi●n●m aut divinam aut nostram concit●tis Indeed some of the Saxons being too much addicted to Faction Treason Sedition and Rebellion against their Kings abused their just Liberties and Priviledges to the unjust murther and dest●●ction of their Kings especially those of the Kingdome of Northumberland to prevent which excess●s in the famous Council of Calchuth Anno 787. held 〈…〉 of Northumberland his Bishops and Nobles and Of● King of Mercians and his Bishops and N●lles there 〈…〉 memorable Lawes and 〈◊〉 both for the Security Immunity of King and people which they with all their Subjects assented to and with all devotion of mind to the uttermost possibility of their power vowed through Gods assistance to observe in every point Cap. XI Of the Duty and Office of Kings Vndecimus Sermo fuit ad Reges Principes ut Regimen suum cum magna cautela disciplina peragant cum Justitia judicent ut scriptum est Apprehendite disciplinam ne quando irascatur Dominus pereatis c. Habentque Reges Consiliarios prudentes Dominum timentes moribus hon●stos ut populos bonis exemplis Regum Principum eruditus confirmatus proficient in laudem gloriam omnipotentis Dei Cap. XII De Ordinatione Honore Regum who were then generally Hereditary not Elective We decree that in the Ordination of Kings none may permit the assent of evill men to prevail but KINGS SHALL BE LAWFULLY ELECTED BY THE PRIESTS and ELDERS OF THE PEOPLE and those not begotten of Adultery or Incest for as in our times by the Lawes a Bastard cannot be admitted to the Priesthood so neither can he be able to be the Lords annointed and he who shall be born out of lawfull Wedlock shall not be King of the whole Realm and Heire of his Country the Prophet saying Know yee that the Lord ruleth in the Kingdom of men and the Kingdome is his and he will give it to whomsoever he will Therefore we admonish all in generall that they would with a unanimous voice and heart intreat the Lord that he who electeth him to the Kingdome would himself give unto him the regiment of his holy discipline to govern his people Likewise honour is to be rendred to them by all men the Apostle saying Honour the King and in another place Whether it be to the King as Supream or to Governours as to those who are sent by him for the punishment of Malefactors but to the praise of them that doe well Likewise the Apostle Let every Soul be subject to the higher Powers for there is no power given but of God And the powers that are are ordained of God Therefore who ever resisteth the power resisteth the Ordinance of God and those who resist acquire damnation to themselves Let no man detract from the King for Solomon saith Thou shalt not detract from the King in thy mouth neither shalt thou curse the Prince in thy heart because the birds of the air shall carry the voyce and that which hath wings shall tell the word LET NO MAN DARE TO COMMUNICATE IN or conspire THE KINGS DEATH BECAUSE HE IS THE LORDS ANOINTED and if any shall have adhered to such a Wickednesse or Treason if he be a Bishop or any of the Priestly Order let him be thrust out of it and cast out of the holy inheritance as Judas was ejected from his Apostolicall degree and every one whosoever he be who shall assent to such a Sacriledge shall perish in the eternall bond of an Anathema and being associated to JVDAS THE TRAITOR shall be burnt in sempiternal burnings as it is written Not onely those who doe such things but those also who consent to such who doe them shall not escape the Judgement of God For the two Eunuches consenting to slay Ahasuerus were hanged on a Gallowes Consider what David said to the Captaines when the Lord had said unto him I will deliver Saul into thy hands when he found him sleeping and was exhorted by the Souldiers to slay him Let this sin be farre from me that I should stretch forth my hand against the Lords anointed Yea he cut off the head of that Souldier who after his death came unto him protesting that he had slain Saul and it was reputed unto him for righteousnesse and to his seed after him And it is often proved among you by examples that WHOEVER HAVE HAD A HAND IN THE MURDER OF THEIR KINGS HAVE ENDED THEIR LIFE IN A SHORT SPACE utroque Jure caruerunt it should be corruerunt and have perished by both Lawes civill and sacred Cap. 13. De Judiciis Justis ferendis Let Great and Rich men execute just Judgements neither let them accept the Person of the Rich nor contemn the Poor nor swerve from the rectitude of Judgement or Law nor receive gifts against the innocent but judge in righteousnesse and truth the Prophet saying Judge justly yee sons of men Also elsewhere Thou shalt not doe that which is unjust nor judge unjustly thou shalt not stand against the bloud of thy neighbour Likewise Isaiah Seek Judgement releive the Oppressed judge the Fatherlesse defend the Widow then come and let us reason together saith the Lord. Also elsewhere Vndoe every bond of iniquity undoe the heavy burdens let those who are oppressed goe free and break every yoak Then shall thy light break forth as the morning and thy health shall spring forth speedily The Lord saith in the Gospel For with whatsoever judgement yee judge you shall be judged and whatsoever measure you meet it shall be measured to you again Neither shall you take BY FORCE FROM ANY ONE THAT WHICH IS HIS OWN as it is said Thou shalt not covet the thing which is thy Neighbours Thou shalt not covet thy Neighbours wife nor his house nor his oxe
nor his sheep nor his field nor any thing that is his For the Prophet threatneth saying Wo to you who joyn house to house and lay field to field till there be no place that you may be placed alone in the midst of the earth These things are in my eares saith the Lord of Hosts Again the Prophet crieth Deliver the poor and needy rid them out of the hand of the wicked Remember what he deserveth who shall offend one of these little ones but whosoever shall receive one of these receiveth Christ from whom he shall deserve to hear in the day of Judgement Come yee blessed inherit the Kingdome prepared for you from the foundation of the world Cap. XIV De cohibendis Fraude RAPINIS ET TRIBVTIS ecclesiae INJVSTE IMPOSITIS Let Fra●d VIOLENCE AND RAPINE BE FEARED AND NO UNJUST OR GREATER TRIBUTES IMPOSED ON THE CHURCHES OF GOD then by the Roman Law and THE ANCIENT CUSTOMES OF FORMER EMPEROURS AND PRINCES HATH BEEN USED He who desires to communicate with the holy Roman Church and St. Peter the chief of the Apostles let him study to keep himself free from this vice of VIOLENCE So concord and unanimity shall be every where between Kings and Bishops Ecclesiasticks and Laicks and all Christian people that there may be unity every where in the Churches of God and peace in one Church concurring in one faith hope and charity holding the Head which is Christ whose Members ought to help one another and to love one another with continuall Charity as he himself hath said By this shall all men know that ye are my Disciples if you shall love one another These old established Saxon Lawes and Canons backed with sacred Scriptures manifest the Duty of our old Saxon Kings and their Officers towards their Subjects whom they could not injure oppresse or tax in any kind against their ancient Lawes Customes Priviledges as likewise what Loyalty and Obedience the people owed to their Kings which bounds when their Kings exceeded in an exorbitant manner you have seen how they proceeded with them and when the people exceeded them on the other hand against their Loyalty and Duties they did not escape unpunished Take but one memorable general president in this kind in the Seditious factious rebellious Saxons of the Kingdom of Northumberland who were infamous for their Insurrections and Rebellions against and Expulsions and Murders of their Kings William Malmesbury and Huntindow give us this Abbreviation of their Rebellions Treasons Regecides Osulf son of Egbrick reigned one year and was betrayed and slain by his Subjects and made way for Mollo who reigning diligently for two yeares was compelled to lay down his Regality and slain by Alred who succeeding him reigned eight yeares and then was chased out of his Realm and deposed by his people from the Throne he had invaded Adelred Son of Mollo succeeding him reigned three yeares and then was driven out of his Kingdome and forced to fly from the face of his Rebellious Dukes and Captaines Then Celwold alias Alfwold being cried up King after ten yeares reign mourned under the Treachery of his Subjects being slain without fault by the Treason of Duke Sigga Osred his Nephew the next King reigned scarce one year and then was chased by his Subjects out of the Realm and afterwards slain Adelred Son of Mollo reigned again four yeares taking severe vengeance against those Rebellious Dukes and others who first expelled and deposed him and then was slain by his alwayes most wicked people being unable to avoid the fate of his Predecessors Ardulf his Successor reigned twelve yeares and then was chased out of his Realm by his rebellious Subjects And Oswold after him holding the Title of King onely for twenty eight dayes was forced to save his life by flight unto the King of Picts After which the Northumbrians preoccupated with the madnesse of their folly continued divers yeares without a King For many Natives and Nobles being offended with these Rebellions and Murders of their Kings fled out of their Country as fearing some heavy plague to befall it Alcuinus that Country-man then in France with Charles the great being ready to return to his Country with gifts to King Offa from Charles the Emperor thought best to continue where he was writing thus to Offa That he knew not what to doe amongst his Country men amongst whom no man could be secure or doe any good in giving wholesome Counsell to them their holy places being wasted by Pagans their Altars defiled with perjuries terra SANGVINE DOMINORVM ET PRINCIPVM FAEDATA and their very land it self polluted with the bloud of their Lords and Princes and the raining of bloud then at York in the Lent time where their Religion first took its beginning in that Nation presaged that bloud should come from the Northern parts upon that BLOUDY LAND and Realm of Northumberland almost brought to desolation for its intestine dissentions bloud-sheds and fallacious Oathes which they violated to their Soveraignes The Emperour Charles himself having prepared divers Presents and Letters to be sent by Alcuinus and others to King Offa and King Ethelred and the Bishops of their respective Realmes after his Presents and Letters delivered into the hands of the Messengers hearing of the murther of King Ethelred and the Treachery of this Nation to their Kings by Messengers returning through Scotland from King Offa recalled all his Presents and Gifts and was so farre incensed against that NATION which he called PERFIDIOUS AND PERVERSE AND MURDERERS OF THEIR KINGS ESTIMATING THEM WORSE THAN PAGANS that unlesse Alcuinus had interceded for them he had presently substracted all the good he could from them and have done them all the hurt that possibly he could devise Malmesbury records that after Ethelred no man durst ascend to the Kingdome whiles every one feared in particular lest the chance of these foregoing Kings should befall himself and would rather live safe in inglorious idlenesse then reign pendulus in doubtfull danger Seeing most of the Kings of Northumberland departed out of this life by the Treachery and destruction by their Subjects Whereupon they having no King for thirty three yeares THAT PROVINCE WAS EXPOSED TO THE DERISION AND PREY OF THEIR NEXT NEIGHBOURS and the Barbarous Danes speedily in great Numbers invaded spoiled and possessed it all that time slew most of their Nobility and people till at last they were enforced to subject themselves to the power and pleasure of the West-Saxon Kings to defend them from the Danes who infested invaded and miserably slew wasted destroyed these Seditious Treacherous King-deposing King-murdering Northumberlanders Henry Huntindon and Mathew Westminster record that the year before the Northumberlanders trayterously slew their King Ethelred there were fiery Dragons seen flying through the air after which followed a very great famine which destroyed many of them soon after the Pagan Nations from Norwey and Denmark invaded and miserably
destroyed those of Northumberland and Lindesfa●ne horribly destroying the Churches of Christ with the Inhabitants at which time Duke Sigga who unworthily betrayed and slew his Soveraign King Alfwold of Northumberland worthily perished the whole Nation being first almost quite consumed with civill Warres and by these Pagan invaders whose Plague was farre more outragious and cruell than that of the Romans Picts Scots or Saxons Invasions and Depredations in former ages they most frequently invading and assailing the land on every side desiring not so much to obtain and rule over it as to spoile and destroy it with all things therein burning their houses carrying away their goods tossing their little children and murthering them on the top of their pikes ravishing their wives and daughters then carrying them away captives and putting all the men to the Sword which sad and frequent rumours from all parts struck such terrour into the hearts of King and people that their very hearts and hands failed and languished so that when they obtained any victory they had no joy nor hope of safety by it being presently encountred by new and greater swarmes of these Pagan Destroyers The cause of which sore Plague and Judgement he together with Mathew Westminster thus expresse In the Primitive Church of England Religion most brightly shined but in processe of time all vertue so withered and decayed in them VT GENTEM NVLLAM PRODITIONE ET NEQVITIA PAREM ESSE PERMITTERENT that they permitted no Nation to be equall to them IN TREASON AND WICKEDNESSE which most of all appeares in the History of the forecited Kings of Northumberland For men of every Order and Office DOLO ET PRODITIONE INSISTEBANT addicted themselves TO FRAUD AND TREASON in such sort as their impiety is formerly described in the Acts of their Kings Neither was any thing held disgraceful but Truth and Justice Nec honor nisi BELLA PLVS QVAM CIVILIA ET SANGVINIS INNOCENCIVM EFFVSIO causa dignissima caedis Innocentia Nor any thing reputed honourable but more than civill Warres and effusion of the bloud of Innocents and Innocency reputed a cause most worthy of death THEREFORE the Lord Almighty sent a most cruell Nation like swarmes of Bees who spared neither age nor sex to wit the Danes with the Gothes the Norwegians and the Sweeds the Vandals with the Prisons who from the beginning of King Edelwolfe to the coming of the Normans under King William wasted and made the fruitfull Land desolate for 230. yeares destroying it from Sea to Sea and from man to beast Which sore and dreadful long continued Judgement of God upon the Land for those crying sinnes now abounding amongst us as much almost as amongst the Northumberlanders and other Saxons then may cause us justly to fear the self same punishments or the like as they then incurred and the Britons before that under the bloudy Usurper Vortigenne unlesse we seriously repent and speedily reform them From these unparalleld prodigious Treasons Insurrections Regicides Rebellions of these Northumberlanders I conceive that infamous Proverb used by Maximilian the Emperor and frequent in Forraigne and other Writers first arose touching the English That the King of England was REX DIABOLORVM a King of Devils not of men or Saints SVBDICOS ENIM REGES EJICERE TRVCIDARE because the English especially the Northumberlanders so oft rebelled against expelled deposed and murdered their Kings beyond the Spaniards French and other Nations Which Proverb the late extravagant Proceedings of some Jesuitized pretended English Saints have now again revived out of the ashes of oblivion But I hope these sad recited old domestick Presidents will hereafter instruct both Kings Magistrates Parliaments and people to keep within those due bounds of Justice Righteousnesse Law Equity Loyalty Piety Conscience Prudence and Christian Moderation which the Lawes of God and the Land prescribe to both and the Council of Calchuth forecited long since prefixed them That the ancient English Saxon Kings at and from their primitive Establishment in this Realm had no power nor prerogative in them to impose any publike Taxes Imposts Tributes or Payments whatsoever on their people without their Common Consents and Grants in their Great Councils of the Realm for any spiritual or temporal use I shall evidence by the four first General publick Taxes that I meet with in the Histories of their times which I shall recite in Order according to their Antiquity though I shall therein somewhat swarve from my former Chronological Method in reciting some subsequent Lawes and confirmations relating to every of them for brevity sake out of their due order of time and coupling them with the original Lawes for and Grants of these general Charges and Taxes to which they have relation and then pursue my former method Henry Huntindon in the Prologue to his fifth Book of Histories p. 347. writes thus of those Saxons who first seised upon Britain by the Sword Saxones autem pro viribus paulatim terram Britanniae bello capiscentes captam obtinebant obtentam adificabant adificatam LEGIBVS REGEBANT not by arbitrary Regal power without or against all Law The first Taxes and Impositions ever laid under the Saxon Kings Government after they turned Christians upon the people of England were for the maintenance of Religion Learning Ministers Schollers long before we read of any Taxes imposed on them for the publick Defence of the Nation by Land or Sea all and every of which were granted imposed onely by common consent in their Great Councils before the Name of Parliament was used in this Island which being a French word came in after the Normans about Henry the third his reign without which Councils grant they could neither be justly charged nor levied on all or any Free-men of this Island by any civill or legall Right by those to whom they were granted and thereupon grew due by Law 1. The first General Tax or Imposition laid on and paid by the Saxon Subjects of this Land appearing in our Histories was that of Caericsceatae id est CENSVS ECCLESIAE in plain English Churchets or Church-Fees in nature of First-Fruits and Tythes The first Law whereby these Churchets Church-Fees or First-Fruits were imposed on the people and setled as an annuall duty on the Ministers paid onely before that time as voluntary Free-will Offrings to the Ministers of the Gospel by devout and liberal Christians was enacted by Ive King of the west Saxons in a Great Councill held under him Anno Dom. 692. Wherein by the exhortation advice and assent of Cenred his Father Heddes and Erkenwold his Bishops AND OF ALL THE ALDERMEN ELDERS AND WISE-MEN OF HIS REALM and a great Congregation of the Servants of God he established this Law among sundry others which none might abolish Cap. 4. De Censu Ecclesiae Cericsccata i.e. Vectigal or Census Ecclesiae reddita sint in Festo Sancti Ma●●tini Si quis hoc non compleat reus sit IX sol du●
decuplareddat ipsum Cericsceatum So one Coppy renders it out of the Saxon another thus Cyricsceata idest PRIMITIAE SEMINVM ad celebre divi Matini Festum redduntor qui tum non solverit qua raginta Solidis mulctator ipsas praeterea Primitias duodecies persolvito After which there is this second Law subjoyned Cap 62 De Cyricsceatis Primitias Seminum quisque ex eo dato domicilio in quo ipse natali die Domini c●mmoratur These Duties were afterwards enjoyned to be paid by the Lawes of King Adelstan Anno 928. c. 2. Volo ut Cyricsc●atha reddantur ad illum locum cuirecte pertinent c. By the Lawes of King Edmund made Anno 944. in a Great Synod at London AS WELL OF ECCLESIASTICAL AS SECULAR PERSONS summoned thither by the King c. 2. Decimas praecepimus omni Christiano super Christianitatem suam dare emendent Cyricsceattam id est Ecclesiae censum Si quis hoc dare noluerit excommunicatus sit By the Lawes of King Edgar Anno 965. c. 2 3. and the Lawes of King Aethelred made by him and his Wise-men apud Habam about the year of Christ 1012. Cap. 4. DE CONSVETVDINIBVS sanctae Dei Ecclesiae reddendis Praecipimus ut OMNIS HOMO super dilectionem Dei omnium sanctorum DET CYRISCEATTAM ET RECTAM DECIMAM SVAM sicut in DIEBVS ANTECESSORVM NOSTRORVM FECIT quando melius fecit hoc est sicut aratrum peragrabit DECIMAM ACRAM omnis consuetudo reddatur super amicitiam Dei ad Matrem Ecclesiam cui adjacet ET NEMO AVFERAT DEO QVOD AD DEVM PERTINET ET PRAEDECESSORES CONCESSERVNT By which Laws it seemes that these Cyricsceata or Church-Fees were of the same nature with Tythes if not Tythes in truth and the tenth acre or tenth part of all their Corn and arable Lands increase Tithes both in the Fathers Councils Writers of this and some former ages being usually stiled First-Fruits though most esteem them duties different from Tythes Which duty the people being backwards as it seems to pay King Kn●te by the advise and consent of his Wise-men in a Great Council Anno 1032. quickned the payment of them by this additionall Law increasing the first penalty by a superadded fine to the King Cyricsceata which the Latine Translation renders Seminum primiciae ad festum Divi Matini penduntor Si quis dare distulerit eas Episcopo undecies praestato ac Regi ducenos viginti Solidos persolvito Et dat omnis Cyricsceot ad matrem Ecclestam per omnes Liberas domus I find by the Surveyes and Records of our late Bishops Revenues That these Churchets of later times were certain small portions of Corn Hens Eggs and other Provisions paid by each House or Tenement according to the several values of them for the Maintenance and Provisions of the Ministers which were constantly rendred to our Bishops by their Tenants under the name of Cyricsceata or Churchets in divers Mannors till they were lately voted down This was the first kind of publick Tax imposed on the people for the Maintenance of the Ministry and that onely by common grant and consent in Common Councils of that age as were their annuall Tributes for Lights Parish Almes and their Soul-shot or Mortuaries at every mans decease first granted by common Consent in Parliamentary Councils which I shall but name 2. The second principle annuall Charge or Tribute imposed on and paid by the people under the Saxon Kings was Tythes of the annuall increase of their Lands and Goods for the maintenance of Gods Worship Ministers and Religion which though due by Gods Law and a Divine Right to Ministers as the first Law made for their due and true payment recites and I have lately proved at large in my Gospel-Plea c. yet they could not be legally imposed nor exacted from the people by the Ministers in foro humano without publick consent and grant Whereupon in the Generall Councill of Calchuth held in the year of our Lord 787 Cap. 17. Vt Decimae solvantur this Law was made In paying tithes as it is written in the Law of God Thou shalt bring the tenth part of all thy Corn and First Fruits into the House of the Lord thy God c. Wherefore likewise WE COMMAND with an obtestation that all men be carefull to render Tithes of all things they possesse BECAUSE IT IS THE PECULIAR PORTION OF THE LORD GOD c. Which Law being read in that publick Council by Gregory Bishop of Ostia before King Alfwoldus Arch-Bishop Eanbald and all the Bishops Abbots Senators Dukes and PEOPLE OF THE LAND they all assented to it and with all devotion of mind according to the uttermost of their power bound themselves by vow that by Gods supernall assistance they would observe it in all things ratifying it with the Sign of the Crosse and Subscription of their Names thereto according to the Custome of that age After which it was read before King Offa in the Councill of the Mer●ians and his Senators Jambertus Arch-Bishop of Canterbury and the rest of the Bishops of the Realm with a loud voyce both in the Latine and Germane tongue that all might understand it who ALL WITH A UNANIMOUS VOYCE AND CHEARFUL MIND ASSENTED TO IT promised that they would by Gods Grace assisting them with A MOST READY WILL to the best of their power observe this and the rest of the Statutes there made in all things And then ratified them with the sign of the Crosse and subscription of their Names thereto It seemes very probable by this Clause in the Lawes of Edward the Confessor confirmed by William the Conquerour Cap. 9. Of Payment of Tithes of Cattel Bees and other things Ha●c enim beatus Augustinus praedicavit docuit Et haec CONCESSA SVNT A REGE ET BARONIBVS ET POPVLO That upon the preaching of Augustine first Arch-Bishop of Canterbury Ethelbert King of Kent with his Barons and People assembled in a great Parliamentary Council after their Conversion by him to the Christian Faith granted Tithes of all things to him and their Ministers by a speciall Act or Law which if true must be about the year of our Lord 603. at least one hundred and eighty years before the Council of Calchuth But because I find no such speciall Law of his extant in any Author and this passage may be intended of Augustine Bishop of Hippo flourishing about the year of Christ 410. who hath sever all Homiles concerning the Due payment of Tithes as Hom. 48. inter Sermones 59. Sermo De Tempore 219 ad Fratres in Eremo Sermo 64. and in Psal 146. and because this clause may be as well intended of King Alfwold or King Offa and his Barons and People in the Council of Calchuth as of King Ethelbert and his Barons and People I have therefore begun with their Law for Tithes being
extant certain whereas the other is but conjecturall yet made by common grant and assent of the King and his Barons and People if there were any such After this Councill of Calchuth I find very many Lawes confirming continuing establishing in all successions of ages till this day this charge and payment of Tythes all made by Common Consent in Generall Councils or Parliaments both before and since the Conquest which because they are all extant in John Bromptons Chronicle printed at London 1652. Mr. Lambards Archaion Sir Henry Spelmans Councils Rastals Abridgement of Statutes and accurately collected in a Chronological order by Mr. Selden in his History of Tythes ch 8. where all may peruse them I shall wholly pretermit them here and referre the Reader to these Authors All which Lawes are clear Evidences of the first Propositions verity The third General ancient Saxon Tax and Charge occurring in our Histories imposed on the People was that of Rome-scot or Peter Pence to wit one penny out of every House each year paid on the Feast of St. Peter ad vincula for and towards the maintenance of the English School and Schollars at R●me from the payment whereof all the Lands belonging to the Abby of St. Al●anes were exempted by King Offa by whom this Tax or Almes was first granted for the maintenance of the English Schollars at Rome and that by the UNANIMOUS antecedent and subsequent CONSENT of Arch-Bishop Humbert and his Suffragans ET PRIMATIBVIS SVS VNIVERSIS and of all his Nobles or chief Men assembled in a PROVINCIAL COUNCIL at Verolam in the year of our Lord 793. This School as Malmesbury De Gestis Regum Angliae l. 2 c. 1. and Balaeus Cent. 1. c. 15. record was first founded by King Offa before his going to Rome which Sir Henry Spelman proves out of Brompton and others But it appeares by Mathew Westminster that this School was there first built and endowed with Peter-pence by King Ive 66. yeares before King Off●aes grant and endowment For he writes that King Ive going to Rome Anno 727. built a House in that City by the consent and will of Pope Gregory which he caused to be called the School of the English To which the Kings of England and the royall Stock with the Bishops Elders and Clergy-men might come to be instructed in the Catholick doctrine and faith and so being stedfastly confirmed in the faith might return home again For the Doctrine and Schooles of the English from the time of St. Augustine were interdicted by the Roman Bishops by reason of the daily Herisies which had sprung up by the coming of the English into Britain whiles the Pagans intermixed with the Christians corrupted both the grace of holy conversation and the Christian Faith He likewise built a Church dedicated to the Honour of the Virgin Mary near to this School where the English coming to Rome might celebrate divine Mysteries and be likewise buried if they died there Then he addes ET HAEC OMNIA VT PERPETVAE FIRMITATIS ROBVR OBTINERENT STATVTVM EST GENERALI DECRETO made in General Council of the Realm PER TOTVM REGNVM OCCIDENTALIVM SAXONUM in quo praedictus Ina regnabat ut singulis annis de singulis familiis denarius unus qui anglice ROME-SCOT appellatur beato Petro Ecclesiae Romanae mitteretur VT ANGLI IBIDEM COMMORANTES VITALE SVBSIDIVM INDE HABERENT Which grant Offa King of Mercians first inlarged and granted in his Kingdome distinct from that of Ive 66. yeares after this as aforesaid This Annuall Contribution towards this Schooles maintenance was afterwards confirmed and the due payment thereof prescribed under penalties by the successive Lawes of King Edgar King Ethelred Canutus Edward the Confessor and William the Conquerour made in successive GREAT COUNCILS held in their times BY AND WITH THE ADVICE AND ASSENT OF THEIR ARCH-BISHOPS BISHOPS WISEMEN NOBLES AND SENATORS in the years of our Lord 967 1009 1012 1032 1060. or thereabouts and 1070. By vertue of which Lawes this Tax was duly paid every year in all succeeding ages till it was finally abolished and taken away by name by the Statute of 25. H. 8. c. 21. being perverted from its primitive intended use and made a constant Revenue by and for the Popes themselves against the Donors mindes and their Successors who so long continued it for the foresaid uses of the English schoolings These three most ancient Taxes and Charges originally granted imposed and afterwards continued onely by Common grant and Consent of the King Nobles People in Generall Councils and Parliaments are a most pregnant proof of the first Proposition and of the Peoples most ancient Originall Fundamentall Right of Property in their Goods and Estates exempt from all Impositions and Tallages whatsoever but onely by their free Grants and Consents in Parliament For if our ancientest Christian Saxon Kings and greatest Monarchs could not by their Prerogatives or absolute Power alone but onely with and by the free and common consent and grant of their Nobles Wise-men Prelates and People in the Great Parliamentary Councils of their Realmes impose the Payment of First Fruits and Tithes upon their Subjects though due by the very Law of God towards the Maintenance of Gods Worship and Ministers for the publick good instruction salvation of all their Soules nor yet the Payment of Peter-pence for the Maintenance of Learning and Schollars to supply the Ministry and furnish the Realm with able learned Men for the common benefit both of Church and State being things of greatest Concernment for the Peoples Kingdomes Happinesse Government and Prosperity much lesse then could they lay on them any other Tax Tribute Aid or Assessement whatsoever of lesse necessity and concernment for any inferior uses or for Defence of the Realm by Land or Sea against Enemies or Rovers by their own absolute Authority but onely by and with their voluntary Grants and Consents in Generall Parliamentary Councils of the Realm as every rationall man must acknowledge The fourth Publick Tax or Imposition on the people in point of time is that of Danegeld the first Civill Tax we everread of whereof there was two sorts The first paid to the Danes themselves by way of Composition as to a prevailing Conquering Enemies to prevent their Plunders Rapines Incursions The second paid for the maintenance of valient Souldiers and Mariners to defend the Sea Coasts and Seas against the Invasions Piracies of the Danes and other Enemies The first Payment I find of any monies to the Danes by way of Composition was in the year of our Lord 871. When Bernredus King of Mercians compounding friendly with them Pecuniis Inducias impetravit obtained a Truce with them for money as Mathew Westminster records After this Anno 873. Merciarum Gentes dato munere appeased those Pagans with a Gift What the sum of Money or Gift was is not expressed nor how it was raised nor yet