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A59386 Rights of the kingdom, or, Customs of our ancestors touching the duty, power, election, or succession of our Kings and Parliaments, our true liberty, due allegiance, three estates, their legislative power, original, judicial, and executive, with the militia freely discussed through the British, Saxon, Norman laws and histories, with an occasional discourse of great changes yet expected in the world. Sadler, John, 1615-1674. 1682 (1682) Wing S279; ESTC R11835 136,787 326

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of Almain The Learned Author of the late Peleg among divers other Brittish words hath found a new Etymology for the Name of Britain which notwithstanding Brith for Colour or Painting and Bretas in some Greek Poets for a Picture or a Painted Brat he would have to be called by the Phaenicians Berat Anac or the Field of Tin and Lead To which I may add the Northern Sea called of old the Phronean Ocean or the Sea of Saturn whom they feigned to lye asleep in the Bottom of that Sea bound by Iupiter in a Golden Pumice of which Plutarch Eusebius Ptolomy and divers others and of this the Author of the Veyl or Mask of Heaven Of which I must speak but little only this for a Clavis The Scene is the little World or Isle of Brittain Thule some appendant to that Crown or Scotland whose troubles of 1639. are shadowed in the night work called Scotos or Darkness Saturn the Scottish Genius and Mercury the Clergy but in special the late Arch-Bishop of Canterbury Iupiter the Son of Saturn or a great Scottish Lord lately on the Scene that was first sent to reconcile Saturn but he turned Retrograde Mars the Genius of War and in special the great General against Saturn or the Lord Lieutenant of Ireland Venus seemeth to be Queen Mother of France then alive in England Phoebus and Phoebe need no gloss Imperii fata plain enough to those that know that Dialect But Phoebe might have there seen before this Parliament that Peace had been her Work and should have been her Happiness nor is it yet too late or wholly past Habent etiam sua fata Reginae and there is a silent Patience which may Conquer more than all the World can get by Force Who will unmask the Chymical Part which the Poets also Veiled in their Fables of Saturn bound by Iupiter in Golden Pumice and it may be possible that future Ages may be brought to see or know the Treasures in our Chronian Ocean and the meaning of that Riddle In the mean time he that can improve the Sympathy of Mars and Venus or remove the Antipathy of Saturn and Mercury or can bind Saturn by Iupiter and by the Mediation of Phoebe can reconcile all to Phoebus or can live on Herbs may have little need I hope to flatter any But to return to our British Ancestors How Cordiel and Guintoline were Created populi Iussu Archigal Ennianus or others Deposed is observed by divers I shall only add that Proceres and Magnates here are rendred Estates People or Commons in Grafton and Chaucer or the old Fructus by Iulian of St. Albans Molmutius first did wear a Crown of Gold they say he did deserve it for to him we owe divers of our Common Law Principles nay and that for more than is found in Monmouth as I touched before And upon him the Patrons of Succession build a fixed Monarchy which was not such it seems before nor since if we may believe those we can hardly disprove that from this time begin the petty Princes plurimis Regulis supremam Mandandi Iudicandi Authoritatem And themselves divide the Crown between his two Sons Brennus the British Thunderbolt to Rome and some do carry him as Lightning to Delphos while his Brother Belin did return and dye in peace and first of British Kings was burnt to Ashes yet he lived here in Bilingsgate and Key besides his famous Ways or Streets his own and Fathers Laws which with the Mertian came to us through Alfred But we need not go to his Daughter Cambra for the first Affinity between the Brittans and Sicambrian Francks or Gaulish Germans Come we now to Cesar's time Lud is alive in Ludgate London as before he did amend the Laws but by a Common-Council And such Council did reject his Sons and Chose Cassivelane as Caesar doth agree with British Authors He did summon one that slew his Kinsman to appear and submit himself to Judgment Sententiam quam proceres Dictarent subire But the famous Androgeus protected him in London being then the Governour pleading the Custom and priviledge of that City which had also then a Court to hear and determine all the Pleas of Citizens or Quicquid aliquis in Homine suos clamaret and that also by Ancient Prescription ex Veterum traditione Which from Monmouth Virrunnius Ponticus and others may be compared with the Laws of the Confessor for Troinovant or London and its weekly Hustings and Ardua Compota and Ambigua placita Coronae and for the Courts of the whole Kingdom there whence it is called Caput Regni Legum Which may also be compared with that of the Mirror for Parliaments to be in London by ancient Laws which is here expressed Iuxta veteres Consuetudines bonorum Patrum Predecessorum omnium Principum Procerum Sapientum seniorum Regni very full and clear Parliaments of all Estates That which is added of those Courts to sit and hold wherever the King was is British also as well as Saxon. So the Laws of Howel Dha the Good in the Chronicles of Wales but larger in Sir Henry Spelman Ubicunque Sacerdos Destein Iudex ibi Dignitas Curiae Aula Regia licet Rex absens sit and this is one Reason why the King was never Nonsuit because he was supposed present in all Courts and yet his Atturneys Ulterius non vult had the effect of a Nonsuit But for London and its Antiquity before Rome Stephanides a Monk as old as K. Henry the first now in Print may be compared with Tacitus Ammianus Marcelinus nay with Caesar also for the Trinobantes although some think he never saw this City But the Charters of K. William and Hen. the first are in Print so also of Richard the first and K. Iohn in Hoveden and others which yet must not perswade us that Sheriffs were then first Created here For Counts or Viscounts are as old as Counties and the Brittish Authors speak of Dukes of Troynovant such was Androgeus and pro Consulibus vice-comites in Fitz-Stephen and Willielm de Einford vice-comes de London Ioannes Subvicecomes in the Book of Ramsey Wallbrook Case in Hen. the first that I may say nothing of William the Chamberlain de Londonia of whom before in Hen. 1. which may be premised to the Famous Quo Warranto brought in Edward the Second But to return to our British Kings I cannot deny but some Authors do Record the Crown as by Act of Parliament settled on the Heirs of Cassivelane but themselves also can shew us the very next King brought in by Election not from Cassivelane and that both of Lords and Commons too if we may believe Chaucer or the old Fructus Temporum This Theomantius many of their names are Greek was Duke of Cornwall when he was Elected King He doth yet live in a Famous Son great Arviragus whom the Roman Poet and so many others praise he did amend the Laws
Consent of his Proceres assign them any Land or City or Castle for that it was against the Laws of his Kingdom prohibitus sum quod Proceres Regni dissuaderent c. Yet it may seem the Lords agreed to their setling in Thanet afterwards but the Commons Dissented so that they resolved to drive them out again and that in Common-Council or Parliament Concilium fecerunt cum Majoribus suis ut pacem disrumperent dixerunt Recedite à nobis c. My Author is old Nennius of Bangor He hath clear passages for Parliaments in that time and for their Power also As for Incest with his own Daughter Vortiger was first Corrected perhaps with the Iewish Discipline which was here also till the time of Henry the Second and St. Germane the Arch-Prelate came with the whole Convocation-House Cum omni Clero Britanniae Corripere Eum. Nennius saith that in a great Moot of Clergy and Laity he was so roughly handled that he rose up in a great Rage and Fled or at least sought how to Flye but he was Banned Maledictus est damnatus a beato Germano Afterwards Vortimer was chosen King 't is every where but after divers Victories he Dyed Poysoned as some thought by Vortiger He now Combineth with the Saxons and by their Power entreth the Scene again but with little Consent of the Britains and although he Acted a while yet he was Hissed off being odious to all till at length his Heart brake Nennius addeth that some said the Earth opened for him and St. Germane Writeth that his whole Family was Burnt from Heaven which was much ascribed to the Clergies Curse or Excommunication Which was in use among the Britains and that also upon their Princes of which we have many examples as of Teuder and Clotri for Homicide and Perjury and Hovel Glevissicg and Brochwell did hardly escape by a great Fine Iudicium Suffere non potuit of which Sir Henry Spelman in his Synods of Landaf It was then by much more heavy than of late Caesar observeth it among the Druids and in him it is Poena Gravissima adding also that such Persons were Abhorred by all as some Loathsome Disease and that they might have no Honour or Right of Law Neque iis petentibus Ius redditur And among St. Patricks Canons we find the Excommunicate excluded à Communione Mensa Missa Pace their Ceremonies in this seem a-kin to the Iewish Cherem nay to their Shammatha or St. Pauls Maranatha and it so continued among the Saxons also as we may see in the Laws of Canute making it Capital to protect or harbour any such But in the Confessors Acts when an Excommunicate fled to the Bishop for Absolution Eundo redeundo Pacem habeat else it seems they were as Out-Laws who might then be Killed by any that met them as the same Laws of Woolfshead in another Chapter Which may help us to Interpret those that speak of the Iews being Excommunicate nay and that also by Seculars in England of which in Matthew Paris and his Additaments but his Glossar rightly expresseth it by the University Phrase of Discommoning Townsmen which of old was much worse it seems than now After Vortiger Aurelius Ambrose à Convenientibus Britannis Convocato Regni Clero in Regem erectus est He might also be Inserted into Gildas for he dyed by Poyson if good Authors deceive us not At his Death a Comet like a Dragon and the Bards apply it to his Brother thence called Uther-Pendragon Florilegus addeth that he made two Dragons of Gold Offering one and carrying the other still before him whence the Dragon in our English Standard although some have asserted much of him they call St. George That which Westmonster or Polydore expresseth by Praecepit proceribus Regni Convenire Monmouth thus in Aurelius Iussit Clerum ac Populum submonere ad Aedictum ergo illius venerunt Pontifices Abbates ex uncquoque Ordine qui ei Subditi and again of Uther Convocato Regni Clero annuentibusque cunctis sublimatus est in Regem and again Communi Populorum Concilio This Uther-Pendragon is vouched and asserted in the famous Contest of Little Britains Subjection to Turon may it also allude to the Story of Brute of which Gratians Decrees and Matthew Paris ad An. 1199. Uther being Dead Convenerunt Pontifices cum Clero Regni Populo a Parliament agreed by all to Bury him Regio More in the Gyants Dance or Stonehenge which himself had gotten by Merlins help out of Ireland fixing it so near to Salisbury for a Monument of that Parliament which was thereabout Destroyed by the Saxons A Parliament I call it so I may In Nennius they are Seniores Vortigirini Regis but in Monmouth and those that follow him they are Principes Consules that is Comites Barones Cives called by the Kings Command Edict or Writ of Summons For Arthurs Parliaments it would be much Superfluous to produce more proof than what already is in Sir Iohn Price Cajus Leland or others that assert his History this I shall only add that in this of all we may Credit Monmouth who is so punctual in nothing as in vouching each County and City that made up his Parliaments Ex Diversis Provinciis proceres Brittonum Duces and among others Dux Doroberine Consules both of Counties and Cityes Boso Ridocensis id est Oxonefordiae Lot Consul Londonesiae c. And among Forreign Princes he Nameth the Kings of Ireland Island Godland Orcades Norway Denmark and others besides the twelve Peers of Gaul of whom also in divers other places that I speak not of the twelve Reguli which Brute found in Gaul nor was there a Prince of Note saith he citra Hispaniam who did not appear at his Summons which may be compared with that of K. Arthur among the Laws of the Confessor and in Horn as Authentick as Neubrigensis Come we to the Saxons what I cited before from the Mirror Tacitus Caesar or others may be fully asserted from their Histories I shall not insist upon Offa's Election although it be clear enough from his own Words ad Libertatis vestrae Tuitionem non meis meritis sed sola Liberalitate vestra unanimiter me convocastis and the Lives now Printed with Matthew Paris and his Henry the third mention divers if not all the Counties which made up K. Offa's Parliaments Nor will I spend time in Cuthred Beonerd or others Deposed by Parliament because the Monarchy was not yet so fully settled But in the Confessors Acts we find K. Ina Elected though by means of an Angel and the first Saxon Monarch of his Laws and Match with his Gaulish Walish Cambrian Queen before as also of his clear and full Parliaments in the Militia E're long we find a Parliament at Calcuth Conventus Pananglicus ad quem convenerunt omnes Principes tam Ecclesiastici quam seculares wherein by the King Arch-Bishop