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A54686 Investigatio jurium antiquorum et rationalium Regni, sive, Monarchiae Angliae in magnis suis conciliis seu Parliamentis. The first tome et regiminis cum lisden in suis principiis optimi, or, a vindication of the government of the kingdom of England under our kings and monarchs, appointed by God, from the opinion and claim of those that without any warrant or ground of law or right reason, the laws of God and man, nature and nations, the records, annals and histories of the kingdom, would have it to be originally derived from the people, or the King to be co-ordinate with his Houses of Peers and Commons in Parliament / per Fabianum Philipps. Philipps, Fabian, 1601-1690. 1686 (1686) Wing P2007; ESTC R26209 602,058 710

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by Torch-light into Pisa or Florence and so ever after lived peaceably and quietly in the neighbourhood of the Feudall Laws So as the One became Assistant unto the Other cohabited and would never after depart from each other and even the Late Commonwealth Rebells could not amongst all their new-Fangles and Devices forbear their being much in love with the Tryalls by Juries both in Civill and Criminall Actions which had both their Use and Foundation from the Civill and Feudall Laws And Oliver Cromwell could after he had over-reacht and Mastered them find no better expedient to maintain the Grandeur of his wickedly-gained Protectorship but to borrow and make use of that part of the Feudall Laws which allowed a subservient Peerage and therefore Created some of his Major-Generalls amongst whom were those grand States-men Hewson the Cobler Pride the Drayman and Kelsy the Bodiesmaker c. Members of an House of Peers which he would by another name have called the Other House as Superior to his House of Commons or Rebellion-Voters who having sate and executed as much Power as he could bestow upon them did after death had cropt his Ambition and carried him to his deserved severe accompt attend with their whole House in grevious melancholly and mourning his Funerall and Magnificent Charriott of State to be buried in Westminster-Abby to lye there untill the Hangman afterwards by a better Authority fetched away his Hipocriticall Carcass to a more proper Place with their long-mourning Train Supported by 6 or 8 of his nicknamed Peers And after those pullers down as much as they could of our Excellent Foundations to build up their Abominable Babell of murdering their King Destroying Massacring Plundering Sequestring and decimating of his Loyal Subjects ruining his Royal Posterity should after his Miraculous Restauration think it to be a great piece of service to themselves and the whole Nation to put under the shame and Ignominy of a tenure unto which our Laws never yet afforded any more then the lowest of Titles as Rusticks men holding by the service of the Plough and Villainage to teach the most Ignorant and Incapacious part of the People how to Master equall or abuse their betters or invite the Hogs and Swine into the Gardens and Beds of Spices to root up foul and trample upon the Lillyes of the Vallies and Roses of Sharon hoping thereby to frustrate the glorious actions of that great Generall Monke in the Restoring of the King unto his Just entire regall Rights and to lay a Foundation hereafter of binding him and our Kings in Chains and our Nobles in Fetters of Iron and to make an easy way for all the People of other Kingdoms to order and Govern their Kings as they hoped by transforming their Laws and Regalities into such evil and Ignorant shapes Interpretations and Constructions as the People 〈◊〉 like the Dogs in the Fable of Acteon might when they pleased be the Murderers of their Kings and Princes and of their own Laws and Liberties But that Great and Prudent Prince in the time of his travail and abode after his fathers death in the parts beyond the Seas and other great Actions done by him before he returned into England as Fleta a Lawyer of good accompt and not meanly instructed as well in the Civil as Common Laws or else Mr Selden would neither have Caused his Manuscript so long concealed in Libraries and passing from hand to hand of such as could be made happy by the view thereof to be Printed and Published with his learned Dissertations or Comment thereupon saith that there having been a Congress or Meeting at Montpellier in France upon the 16th day of November 1275 or some short time after in the year 1276 about the 4th year of his Reign between him and many other Christian Kings or their Embassadours Viz. Michael Paleologus Imperator Orientis Rodolphus Primus Occidentis Galliae Philippus Audax Castellae Leonis Alphonsus Decimus summus ille Astronomus Partitarum Author Scociae Alexander tertius Daniae Ericus octavus Poloniae Bodislaus Hungariae Uladislaus quartus Aragoniae Jacobus Boemiae Ottocarus Carolus Siciliae Hugo Hierosolonicorum alii Complures minoris nominis qui Regum Christianorum vocamme fruebantur wherein certain agreements and provisions were severally made touching the resumption of the Lands and Manors appertaining to their Crowns Kingdoms together with their Homage Rights Jurisdictions wherein although Mr Selden that great Diver and Searcher into antiquities seemeth to doubt of the truth thereof for that Scriptores de hoc Anno non Conveniunt and at that time Rodolphus Caesar had granted unto Pope Gregory the 10th Latifundia circumquaque amplissima quae antea Imperii pars insignis And saith that assertion or place in Fleta is locus prodigiosus the rather for that Azo Item Jurisconsulti illius aevi summi vecusti and our Bracton maketh no mention of it in his Chapter de donationibus nor Britton in his Compendium Juris neither is it found in any other Jurisconsults or in Fortescue who lived long after Howsoever Notwithstanding the great reverence and respect which every man of learning or well-wishers thereunto must or ought to bear unto our great Selden that Dictator of learning so universally acknowledged not only in England but in the parts beyond the Seas to be Decus gentis Anglorum I shall be of necessity constrained in this particular to V●ndicate Fleta from what he chargeth upon him concerning the provisions and resolutions made and taken by our King Edward the 〈…〉 and ●●e aforesaid Christian Kings and Princes who especially Alexander King of Scotland and the Kings of France Castill and Leon near neighbours to England or his French territories together with the Emperor of Germany and the King of Sicily by whom he had been Sumptuously Feasted in his Return from Jerusalem might probably not have been Ignorant of his own and his Fathers and Grandfathers troubles and Ill usage by some of his Rebellious Baronage and a party of the Ecclesiasticall and Common People depending upon them or allured unto their Ill usage of their Kings and Princes but to appeal to his own Vast reading and the Company of his large and Eminently furnished Library with his Collection and recherches of and into all the Records and Choice Manuscripts in England all the Uuiversities thereof and Forreign parts the Roman Vatican not excepted and what could be in that famous Library of Sr Robert Cotton whilst he lived truly believed to be the Esculapius Librorum And it will be undoubtedly certain that there hath never been since the Writings of the books of Sacred Scripture any Infallibility or absolute Certainty that a Gospell of St Thomas hath been assayed to be Imposed upon the Christian World that St Paul's Epistle to the Hebrews though by the Church admitted to be canonicall have met with some Jealousies who was the Author thereof the great Care of the Monks mentioned in the preface