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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A58387	Reflections upon the opinions of some modern divines conerning the nature of government in general, and that of England in particular with an appendix relating to this matter, containing I. the seventy fifth canon of the Council of Toledo II. the original articles in Latin, out of which the Magna charta of King John was framed III. the true Magna charta of King John in French ... / all three Englished.	Allix, Pierre, 1641-1717.; Catholic Church. Council of Toledo (4th : 633). Canones. Number 75. English & Latin.	1689 (1689)	Wing R733; ESTC R8280	117,111	184

Truth We need only to lay open the nature and antient Power of the States General with the manner of their Behaviour towards those Kings who abused the Power committed to them to make it evident that the French Monarchy is limited in its Constitution Under the first and second Race of the Kings of France there was no mention of any Assembly of the States General but only of the Franks that is to say the Nobles and Prelats who were used to meet together on the first of May in the open Field where they deliberated with the King concerning matters of Peace and War and took Resolutions of what was to be done all the Year after After the breaking up of this Assembly the Court of the Royal Palace otherwise called the Court of France composed of the Prelats and Great Barons that is to say the immediate Vassals of the Crown met together five or six times a Year to take care of the Execution of what had been resolv'd upon in the General Assembly to deliberate about publick Affairs that offer'd themselves and to determine as Judges the most important matters of private Persons Under the declination of the 2d Race the Governours of Cities and Provinces having made themselves Hereditary Lords of the places of their respective Governments under the Title of Counties and Dutchies cut themselves large Portions out of the Soveraign's Lands by which means the Court of France was no more frequented by the Lords except only when they were obliged to do Hommage and take the Oath of Fidelity or when an Enemy invaded France for then they presented themselves before the King to advise about the present necessity This Disorder continued until the Reign of Philip Augustus who having conquer'd Normandy and the Counties of Tourain Anjou Maine from John without Land King of England and the Country of Vermandois from the Earl of Flanders restored in some manner the Royal Authority and forced the Barons to frequent his Court and to be present at the Assemblies he called for the Affairs and Necessities of State. Nevertheless those Assemblies consisted only of the Prelats and Barons and this till the Reign of King John some Authors say of St. Lewis who being taken at the Battle of Poictiers and carried to England they were forc'd to raise a great Sum of Money for his Ransom and to this End they appli'd themselves to the Merchants and other Inhabitants of Cities who were then the richest Men of the Kingdom who agreed to pay the King's Ransom upon condition that they might be received into the Charges and Offices as well of Peace as of War and be allowed to have a Place and deliberative Voice in the States-General which was accordingly granted to them The Power and Prerogative of the States-General was such that the Kings of France could not make any new Levies of Mony without them Which continued so till the Reign of Charles VII as is acknowledged by Philip de Commines Lib. 6 c. 7. Neither could they make any new Ordinances nor repeal or suppress the old without the consent of the said States as is owned by Davila lib. 2 de li Guerri Civili Under the First and second Race of the French Kings the Ordinances were likewise made in the Assembly of the Prelats and Barons which constituted the Soveraign Court of France 't was there the Treaties of Peace were made between the Kings of France and Foreign Princes and Nations the Portions of the Children of France were there regulated there they treated of their Marriages and generally of all that concern'd the Affairs of State of the King's Houshold and the Children of France The Ordinances that were made in the said Assemblies in the Name of the Kings of France were conceived in these Terms Nos de consilio consensu Procerum nostrorum statuimus c. We with the Advice and Consent of our Lords do ordain And from hence is derived the Custome observed at this Day of verifying the Royal Edicts in the Parliament of Paris which in some sort represents the Assembly of the Prelats and Barons who composed as we have said the Soveraign Court of France In the Treasury of the French Kings at Chartres are found several Treaties between King Philip Augustus and Richard and John without Land Kings of England at the bottom of which are the Seals of the Prelats and Barons by whose Consent and Approbation the said Treaties had been made And Pope Innocent VI having sent to entreat St. Lewis that he would be pleas'd to permit him to retire into France to secure himself from the attempts of Frederick II. the said King answered the Popes Nuncio that he would communicate the Matter to his Parliament without whose Consent the Kings of France could do nothing of Importance This is related by Matthew Paris in the Life of Henry the III. King of England ad Annum 1244. We find also the manner how the States determined all Affairs respecting the Crown and Succession as for Example the Process which was between Philip de Valois and King Edward In this Assembly of the States saith the Chancellor de l' Hospital was Tried and Debated the most Noble Cause that ever was viz. To whom the Crown of France did belong after the Death of Charles the Fair to Philip of Valois his Cousin or to Edward King of England King Philip not presiding in that Assembly because he was not yet King and besides was a Party It appears clearly from the Power of the States General That the Power of the King of France is bounded by Law indeed this is a Truth whereof we cannot make the least doubt forasmuch as we find it acknowledged by Lewis XI the most unbridled Monarch that ever was See what he writes in the Rosary of War composed by him a little before his Death for the use of Charles VIII his Son. When Kings or Princes saith he have no respect to the Law they take from the People what they ought to leave them possest of and do not give them what they ought to have and in so doing they make their People Slaves and thereby lose the name of a King. For no body can be called a King but he that rules and has Dominion over Free-men This thing was so notorious even to Strangers themselves that Machiavel maintained that the Stability of the Monarchy of France was owing to this because the Kings there were obliged to a great number of Laws which proved the Security and Safe-guard of all their Subjects Lib. 1 di Discorsi c. 16. Messire Claudius de Seissel in his Treatise of the French Monarchy part 2. chap. 12. dedicated to Francis I. maintains upon this account That the Monarchy of France does partake of Aristocrasy which makes it both more perfect and durable Yea he asserts that it was also in part Democratical and expresly maintains that an absolute Monarchy is no other than true Tyranny when it is made use of

to none out of any Tenement whereby a Free-man may lose his Court. One Measure of Wine shall be used throughout our Kingdom and one Measure of Ale and one Measure of Corn to wit the London Quart. And there shall be one breadth of dyed Cloth Russets and Haubergets to wit two Ells within the Lists And concerning Weights it shall be in like manner as of Measures Nothing shall be given or taken henceforth for a Writ of Enquisition of Life or Member but it shall be granted freely and shall not be denyed If any hold of us by Fee-farm or by Socage and hold likewise Land of others by Knight-Service we will not have the Custody of the Heir nor of the Land which is of the Fee of another by reason of such Fee-farm Socage or Burgage unless such Fee-farm owe Knight-Service We will not have the Wardship of the Heir nor of the Land of any Person which he holds of another by Knight-Service by reason of any Petit Serjeanty by which he holds of us as by the Service of giving us Arrows Knives or such like No Bayliff for the time to come shall put any Man to his Law upon his bare word without good Witnesses produced No free man shall be taken nor imprisoned nor disseised nor outlawed nor exil'd nor destroy'd in any manner nor we will not pass upon him nor condemn him but by the Lawful Judgment of his Peers or by the Law of the Land. We will sell to none we will deny nor delay to none Right and Justice All Merchants may with safety and security go out of England and come into England and stay and pass through England by Land and Water to buy and sell without any Evil Tolls paying the Ancient and Rightful Duties except in time of War and then they that are of the Country with whom we are at War and are found here at the begining of the War shall be attach't but without injury to their Bodies or Goods till it be known to us or to our Chief-Justice how our Merchants are entreated which are found in our Enemies Country and if ours be safe there they shall be safe in our Land. It shall be Lawful for all men in time to come to go out of our Kingdom and to return safely and securely by Land and by Water saving their Faith due to us except it be in time of War for some short time for the profit of the Realm But out of this Article are excepted Persons in Prison Persons out-law'd according to the Law of the Land and Persons of the Country with whom we are at War concerning Merchants what is abovesaid shall hold as to them If any hold of any Escheat as of the Honour of Wallingford Nottingham Boloin Lancaster or of other Escheats which are in our hand and are Baronies and dye his Heirs shall owe us no other relief nor do us any other Service then was due to the Baron of such Barony when it was in his hand and we will hold the same in like manner as the Baron held it Men that dwell out of the Forest shall not appear before our Justices of the Forest by common Summons unless they be in suit themselves or Bail for others who are attach't for the Forest We will not make Sheriffs Justices nor Bayliffs but of such as know the Law of the Land and will keep it All that have founded Abbies whereof they have Charters from Kings of England or ancient Tenure shall have the custody thereof whilst they are vacant as they ought to have All the Forests that have been Afforested in our time shall instantly be Disafforested in like manner be it of Rivers that in our time and by us have been put in defence All evil Customs of Forests and Warens and of Foresters and Warenners of Sheriffs and their Ministers of Rivers and of Guarding them shall forthwith be enquired of in every County by twelve Knights sworn of the same County who must be chosen by good Men of the same County And within forty days after they have made such Inquisition the said evil Customs shall be utterly abolished by those same Knights so as never to be revived provided they be first made known to us or to our Chief Justice if we be out of the Realm We will forthwith restore all the Hostages and all the Deeds which have been delivered to us by the English for surety of the Peace or of faithful Service We will wholly put out of Bayliffwicks the Kindred of Gerard de Aties so that from henceforth they shall not have a Bayliffwick in England and Engeland de Cygoigni Peron Guyon Andrew de Chanceas Gyon de Cygoigni Geffry de Martigni and his Brothers Philip Mark and his Brothers Geffray his Nephew and all their Train And presently after the Peace shall be reform'd we will put out of the Realm all Knights Foreigners Slingers Serjeants and Soldiers who came with Horse or Arms to the nusance of the Realm If any be disseiz'd or esloyn'd by us without Lawful Judgement of his Peers of Lands Chattels Franchises or of any Right we will forthwith restore the same and if any difference arise upon it it shall be determined by the Judgement of the Five and twenty Barons of whom mention is made hereafter in the security for the Peace As to all things whereof any have been disseiz'd or esloyn'd without Lawful Judgement of their Peers by King Henry our Father or by King Richard our Brother which we have in our hands or which any other has to whom we are bound to warrant the same we will have respit to the common Term of them that are crost for the Holy Land except such things for which Suits were commenced or Enquest taken by our Order before we took upon us the Cross And if we return from the Pilgrimage or perhaps forbear going we will do full Right therein The same Respit we will have and the same Right we will do in manner aforesaid as to the Disafforesting of Forests or letting them remain Forests which the Kings Henry our Father or Richard our Brother have Afforested and and as to Custodies of Lands which are of the Fee of other Persons which we have held till now by reason of other Men's Fees who held of us by Knight-Service and of Abbies that are founded in other Men's Fees in which the Lords of the Fees claim a Right And when we shall be returned from our Pilgrimage or if we forbear going we will immediately do full Right to all that shall complain None shall be taken nor imprisoned upon the Appeal of a Woman for the death of any other than her Husband All the Fines and all the Amercements that are imposed for our use wrongfully and contrary to the Law of the Land shall be Pardoned or else they shall be determined by the Judgment of the Five and twenty Barons of whom hereafter or by the Judgement of the greater number of them that

shall be present or before Stephen Archbishop of Canterbury if he can be there and those that he shall call to him and if he cannot be present Matters shall proceed notwithstanding without him so always that if one or more of the said Five and twenty Barons be concern'd in any such Complaint they shall not give Judgement thereupon but others chosen and sworn shall be put in their room to act in their stead by the residue of the said Five and twenty Barons If we have disseiz'd or esloin'd any Welshmen of Land Franchises or of other things without lawful judgment of their Peers in England or in Wales they shall forthwith be restored unto them and if Suits arise thereupon right shall be done them in the Marches by the Judgment of their Peers of English Tenements according to the Law of England and of Tenements in Wales according to the Law of Wales and Tenements in the Marches according to the Law of the Marches And in like manner shall the Welsh do to us and our Subjects As for all such things whereof any Welshmen have been disseiz'd or esloyn'd without Lawful Judgment of their Peers by King Henry our Father or by King Richard our Brother which we have in our hands or which any others have to whom we are bound to warrant the same we will have respit till the common Term be expir'd of all that crost themselves for the Holy Land those things excepted whereupon Suits were Commenced or Enquests taken by our Order before we took upon us the Cross and when we shall return from our Pilgrimage or if peradventure we forbear going we will presently cause full Right to be done therein according to the Laws of Wales and before the said Parties We will forthwith restore the Son of Lewellyn and all the Hostages of Wales and the Deeds that have been delivered to us for security of the Peace We will deal with Alexander King of Scotland as to the restoring him his Suitors and his Hostages his Franchises and Rights as we do with our other Barons of England unless it ought to be otherwise by vertue of the Charters which we have of his Father William late King of Scotland and this to be by the Judgment of his Peers in our Court. All these Customs and Franchises aforesaid which we have granted to be kept in our Kingdom so far forth as we are concerned towards our Men all Persons of the Kingdom Clerks and Lay must observe for their Parts towards their Men. And whereas we have granted all these things for God's sake and for the amendment of our Government and for the better compremising the discord arisen betwixt us and our Barons We willing that the same be firmly held and established for ever do make and grant to our Barons the scurity underwritten to wit That the Barons shall chuse Five and twenty Barons of the Realm whom they List who shall to their utmost Power keep and hold and cause to be kept the Peace and the Liberties which we have Granted and Confirmed by this our present Charter insomuch that if we or our Justice or our Bayliff or any of our Ministers act contrary to the same in any thing against any Persons or offend against any Article of this Peace and Security and such our Miscarriage be shown to four Barons of the said Five and twenty those four Barons shall come to us or to our Justice if we be out of the Realm and show us our Miscarriage and require us to amend the same without delay and if we do not amend it or if we be out of the Realm our Justice do not amend it within Forty days after the same is shown to us or to our Justice if we be out of the Realm then the said Four Barons shall report the same to the residue of the said Five and twenty Barons and then those Five and twenty Barons with the Commonalty of all England may distress us by all the ways they can to wit by seizing on our Castles Lands and Possessions and by what other means they can till it be amended as they shall adjudge saving our own Person the Person of our Queen and the Persons of our children and when it is amended they shall be subject to us as before And whoever of the Realm will may swear that for the Performance of these things he will obey the Commands of the said Five and twenty Barons and that together with them he will distress us to his Power And we give Publick and free leave to swear to all that will swear and will never hinder any one And for all Persons of the Realm that of their own accord will swear to the said Five and twenty Barons to distress us we will issue our Precept Commanding them to swear as aforesaid And if any of the said Five and twenty Barons die or go out of the Realm or be any way hindred from acting as aforesaid the residue of the said Five and twenty Barons shall chuse another in his room according to their discretion who shall swear as the others do And as to all things which the said Five and twenty Barons are to do if peradventure they be not all present or cannot agree or in case any of those that are Summon'd cannot or will not come whatever shall be determined by the greater number of them that are present shall be good and valid as if all had been present And the said five and twenty Barons shall swear that they will faithfully observe all the matters aforesaid and cause them to be observed to their power And we will not obtain of any one for our selves or for any other any thing whereby any of these Concessions or of these Liberties may be revoked or annihilated and if any such thing be obtained it shall be null and void nor shall ever be made use of by our selves or any other And all ill will disdain and rancour which has been betwixt Us and our Subjects of the Clergy and Laity since the said discord began we do fully release and pardon to them all And moreover all Trespasses that have been committed by occasion of the said discord since Easter in the sixteenth year of our Reign to the restoring of the Peace we have fully released to all Clerks and Lay-men and so far as in us lies we have fully pardoned them And further we have caused Letters Patents to be made to them in testimony hereof witnessed by Stephen Archbishop of Canterbury Henry Archbishop of Dublin and by the aforesaid Bishops and by Mr. Pandulphus upon this Security and these Concessions Whereby we will and strictly Command that the Church of England be free and enjoy all the said Liberties and Rights and Grants well and in Peace freely and quietly fully and entirely to them and their Heirs in all things in all places and for ever as aforesaid And we and our Barons have sworn that all things above written shall be kept on our parts in good Faith without ill design The Witnesses are the Persons above-named and many others This Charter was given at the Meadow called Running-Mead betwixt Windsor and Stanes the 15th day of June in the Seventeenth Year of our Reign JOHN by the Grace of God King of England to the Sheriff of Hampshire and to the Twelve that are chosen in that County to enquire of and put away the evil customs of Sheriffs and of their Ministers of Forests and Foresters of Warrens and Warrenners of Rivers and of guarding them Greeting We command you that without delay you seize into our Hand the Lands and Tenements and the Goods of all those of the County of Southampton that will not swear to the said Five and twenty Barons according to the form exprest in our Charter of Liberties or to such as they shall have thereunto appointed and if they will not swear presently at the end of Fifteen days after their Lands and Tenements and Chattels are seized into our Hands that ye sell all their Goods and keep safely the Money that ye shall receive for the same to be employed for the Relief of the Holy Land of Jerusalem and that ye● keep their Lands and Tenements in our Hands till they have sworn or that Stephen Archbishop of Canterbury and the Barons of our Kingdom have given Judgment thereupon In witness whereof we direct unto you these our Letters Patents Witness our Self At Odibaam the Seven and twentieth Day of June in the Seventeenth Year of our Reign FINIS Books lately Printed for Richard Chiswell THE Case of Allegiance in our present Circumstances considered in a Letter from a Minister in the City to a Minister in the Country 4o. A Breviate of the State of Scotland in its Government Supreme Courts Officers of State Inferiour Officers Offices and Inferiour Courts Districts Jurisdictions Burroughs Royal and Free Corporations Fol. Some Considerations touching Succession and Allegiance 4o. Reflections upon the late Great Revolution Written by a Lay-hand in the Country for the satisfaction of some Neighbours The History of the Desertion or an Account of all the Publick Affairs in England from the beginning of September 1688. to the Twelfth of February following With an Answer to a Piece called The Desertion discussed in a Letter to a Country Gentleman By a Person of Quality K. William and K. Lewis wherein is set forth the inevitable necessity these Nations lie under of submitting wholly to one or other of these Kings And that the matter in Controversie is not now between K. William and K. James but between K. William and K. Lewis of France for the Government of these Nations An Examination of the Scruples of those who refuse to take the Oath of Allegiance by a Divine of the Church of England A Dialogue betwixt two Friends a Jacobite and a Williamite occasioned by the late Revolution of Affairs and the Oath of Allegiance The Case of Oaths stated 4o. A Letter from a French Lawyer to an English Gentleman upon the Present Revolution 4o. The Advantages of the Present Settlement and the great danger of a Relapse The Interest of England in the Preservation of Ireland