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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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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
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
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
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
where destroyed to the ground by the Saxons Anno 468. sent for Work-men and caused them to be new built placed Preshyters and Clerkes in them restored divine Service to its due state utterly destroyed the prophane Temples and Idols of the Saxons blotting out their memory from under heaven Moreover he studied and commanded to observe Justice and Peace to Churches and Church-men conferring many Gifts on them out of his Royall bounty with ample Rents commanding all to pray for the prosperity of the Realm and State of the Church The year following by his Letters directed to all the Coasts of Britain he commanded all who could bear Armes speedily to repair to him and to endeavour to exterminate the Pagans out of the confines of Britain Whereupon all of them being assembled together he marched with them against Hengist and the Saxons after a bloudy battel Hengist was taken Prisoner by Duke Eldol fore-mentioned and his whole Army routed The King upon this victory coming to Glocester calling his Captaines and Nobles together commanded them to resolve WHAT OUGHT TO BE DONE CONCERNING HENGIST upon which Eldad Bishop of Glocester brother to Duke Eldol commanding all to be silent grinding his teeth for anger said Although all would set this man free yet I will hew him into peices O effeminate men why doe yee demurre Did not Samuel the Prophet when he hewed the King of Amaleck taken in warre in peices say As thou hast made many Mothers childlesse so will I this day make thy Mother childlesse among women So doe yee likewise concerning this other Agag who hath bereaved many Mothers of their Children Upon which words Eldol drawing forth his sword led Hengist out of the City and cutting off his head sent him packing to hell After this CONVOCAVIT REX CONSVLES ET PRINCIPES REGNI EBORACVM The King called the Consuls and Nobles of the Realm together to York and commanded them to repair the Churches the Saxons had destroyed himself building the Cathedrall there Then marching to London Anno 490. Octa and the other Saxons unable to withstand his power submitted to him confessing his God to be stronger than their Gods with whom he made this agreement that they should leave Kent and those other places they possessed and seat themselves in a Country neer Scotland which he gave them Then going to Ambri he caused great stones there remaining to this day to be set up as a Monument for the Noble Britons there treacherously slain Where he holding A COUNCIL WITH HIS BISHOPS ABBOTS and OTHER NOBLES was Crowned again on Whitsunday and granted the Metropolitical Sea of York then void to Sampson and that of the City of London to Dubritius and likewise REGNVM DISPOSVIT LEGESQVE RENOVAT set the Kingdomes in order and renued the Lawes After this he and the Britans had many battles with the Saxons to defend and recover their Country Liberties Lawes till at last he 〈◊〉 tr●yterously poysoned Anno 497. whose death the B●itons 〈◊〉 cum quo simul MILITIA ET 〈◊〉 B●●TONVM EXPIRAVIT as Mathew Westminster and others write From this memorable Story of Vortigerne Aurelius Ambrosius and the Britons and Saxons these particulars are observeable 1. That the British Kings in those times debated all their weighty affaires and concluded all matters touching Warre Peace and the publick defence of the Realm against invading Enemies in Grand Parliamentary Councils in which they likewise made Laws and Edicts 2. That the Princes Dukes and Nobles ●ere the onely or principle Members of the Great Councils of the Realm in those dayes by whose advice all things were managed 3. That Traytors to and Murderers of their lawfull Soveraignes usurping their Crownes bring commonly great fearful Judgements on the whole Kingdome and Nation in case they comply with them therein 4. That Vortegernes Treason in murdering his Soveraignes and usurping their Crown was the occasion of and punished with the long-lasting Warres with the Picts and Saxons yea the original cause of the great revolution of the Government Kingdome and Country of Britain from the Britons to the Saxons 5. That although a bloudy usurping Traytor may reign and deprive the right heir of the Crown of his right for many yeares yet his reign is usually full of warres vexations dangers troubles his end tragicall and the right heir called in and restored by the people themselves at last as her● Aurelius Ambrosius was after 21 yeares usurpation of his right and Joash in the seventh year of Athaliah's usurpation 2 Chron. 23. 6. That usurpers are apt to depresse the Nobility and oppresse the Natives of the Realm for fear they should oppose their T●ranny and dethrone them 7. That a●l Heresies vices contempt of God and Religion usually s●●ing up and overspread the Realm under Usurpers who give publick countenance to them to please all sides to suppo●● u●just authority over them 8. That it is very dangerous to call in forrain Forces upon any necessity into a Kingdome as assistants who commonly prove worse Enemies in conclusion than those they are called in to 〈◊〉 9. That all Mercenary Guards and Souldiers especially Forraigners are for the most part very Treacherous and Perfidious for●ibly suppressing supplanting destroying those Princes and Nations they are hired to guard and protect 10. That lawful hereditary Kings are the cheifest Patrons of Gods Ministers Churches Religion and the death of such then religious just valient the greatest losse and misery that can befall a Nation 11. That all Subjects are obliged to defend with their armes and lives their Native Country and lawful Kings against Invaders and Usurpers 12. That the worst of Kings and Usurpers in cases of extream danger are enforced to all Common Councils and to crave the advice and assistance of their Nobles as Vortigerne did here as well as the justest Kings Aurelius Ambrosius dying by poson without Issue Anno 497. Vther Pondragon his Brother and next heir posting to Winchester assembled the Clergy and People of the Realm thither and took upon him the Crown of the Realm which done PRAECEPIT VTHER CONSVLES SVOS AT QUE PRINCIPES AD SEVOCARI VT CONSILIO SVORVM TRACT ARET QVALITER IN HOSTES IRRVPTIONEM FACERENT Vther commanded his Consuls and Nobles to be called to him that by their advice he might debate in what manner they should assault the Enemies whereupon they all assembling in the Kings presence upon mature debates they all agreed to the advice there propounded by Gorlois and encountring the Saxons slew many of them routed the rest took some chief Commanders Prisoners and put them in Prison at London whether the King repaired The feast of Easter approaching REX PRAECEPIT PROCERIBVS REGNI IBI CONVENIRE The King commanded all the Nobles of the Realm to assemble TOGETHER AT LONDON that wearing his Crown he might celebrate the holy day with due honour ALL PRESENTLY OBEYED and the King celebrated the Festivity with joy Among other Nobles
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
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
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●