Vice-Chamberlain before the King and Lords of divers offences against the King who taking the accusation to be good because of the Bishops order and that he was of the kingâ— linage pardoned the said Bishop all his misprisions done against his person and reconciled the Bishop and Sir Thomas one to another And n. 30 31. all the Lords Temporal whose names are there recorded being 25. in number by assent of the King declared and ADJUDGED Thomas Holland late Earl of Kent John Holland late Earl of Huntingdon John Mountague late Earl of Salisbury Thomas le Despencer Sir Ralph Lumley Knight and divers others who were for their Rebellions and Treasons in levying war against the King taken slain or beheaded by certain of the Kings Subjects to be Traytors and that they should forfeit all such Lands as they had in fee the 5. of January the first year of the King or at any time after with all their goods and chattels The Record is Toutz les Seigneurs temporelz esteantz en Parlement per ussent du Roy declarerent et adjuggerent les ditz Thomas c. pur Trayteurs pur la leve de Guerre encountre lour Seignior le Roy nient obstant qils furent mortz sur le dâ—t leve de guerre sanz process de ley Lo here the Lords alone by the Kings assent declare and adjudge what is Treason both in the case of Lords and Commoners too and â—taint and give Judgement against them both without the Commons after their deaths without legal trial In the Parliament of 5 H. 4. rot Parl. n. 11 12 13 14. On Friday the 18 of February the Earl of Northumberland came before the King Lords and Commons in Parliament and by his Petition to the King acknowledged that he had done against his Lawes and allegeance and especially for gathering power giving of Liveries for which he put himself upon the Kings grace and prayed pardon the rather for that upon the Kings Letters he yielded himself and came to the King at York whereas he might have kept himself away Which Petition by the Kings command was delivered to the Justices to be examined and to have their counsel and advice therein Whereupon the LORDS made a Protestation que le Juggement appentient a â—ux tout soulement THAT THE JUDGEMENT APPERTAINED ONLY TO THEM And after the said Petition being read and considered before the King and the said Lords as Peers of Parliament aus queux teils juggemeâ—t apperteignent de deoit to whom such Iudgements appertained of right having had by the Kings command competent deliberation thereupon and having also heard and considered as well the Statute made in the 25. year of King Edward the Kings Grand father that now is concerning the Declaration of Treason as the Statutes of Liveries made in this Kings reign ADJUDGED That that which was done by the said Earl contained within his Petition was neither Treason nor Felony but Trespas for which the said Earl ought to make fine and ransom at the will of the King Whereupon the said Earl most humbly thanked our Lord the King and the said Lords his Peers of Parliament for their rightfull judgement and the Commoners for their good affections and dâ—ligence used and shewen in this behalf And the said Earl further prayed the King that in assurance of these matters to remove all jealousies and evil suspitions that he might be sworn a new in the presence of the King and of the Lords and Commons in Parliament and the said Earl took an Oath upon the Crosier of the Archbishop of Canterbury to be a faithfull and loyal liege to our Lord the King the Prince his Son and to the heirs of his body inheritable to the Crown according to the Laws of England Whereupon the king out of his grace pardoned him his fine and ransom for the trespass aforesaid After which num 17. the Lords Spiritual and Temporal humbly thanked the King sitting in his royal Throne in the white Chamber for his grace and pardon to the said Earl of his fine and ransom and likewise the Commons thankâ— the Lords Spiritual and Temporal for the good and just Iudgement they had given as Peers of Parliament to the said Earl From this memorable Record I shall observe First that though this Declaration of this Earls case was made by his Petition in the presence of the King Lords and Commons in Parliament according to the Statute of 25 E. 3. yet the Lords only by Protestation in presence of the King and Commons claimed to be the sole Iudges of it as Peers of Parliament and belonging to them OF RIGHT Secondly That this claim of theirs in this case was acknowledged and submitted to both by the King and Commons and thereupon the Lords only after serious consideration of the case and Statutes whereon it depended gave the definitive sentence and judgement in this case that it was neither Treason nor Felony but Trespass only c. Thirdly That the Earl thanked the King only for his grace the Lords for their just Iudgement and the Commons only for their good hearts and diligence having no share in the judgement though given by the Lords both in the Kings and their presence and that the Commons themselves returned special thanks to the Lords Spiritual and Temporal in Parliament for their good and just judgement Fourthly That this judgement of the Lordr only was final and conclusive both to the King and Commons who acquiesced in it In the Parliament of 2 H. 5. rot Parl. num 13 14. Thomas Mountague Earl of Salisbury son and heir of John Mountague Earl of Salisbury exhibited his petition in Parliament to reverse a judgement given against his said father in the Parliament at Westminster in the second year of King Henry the fourth rot Parl. n. 30 31. forecited wherein amongst others he was attainted of Treason by judgement of all the Temporal Lords in Parliament and thereupon he exhibited certain reversals of Judgements given in Parliament as making on his behalf to the Lords consideration reversed for some errors assigned in those judgements to wit one judgement given against Thomas heretofore Earl of Lancaster before King Edward the second at Pomfract the Monday before the feast of the Annunciation in the fifteenth year of his reign and another Judgement against Roger de Mortymer late Earl of March in the Parliament of King Edward the third the Monday after the feast of St. Katherine in the fourth year of his reign at Westminster Which Judgements being distinctly and openly readâ— and fully understood It seemed to the King and Lords that the case of the death and execution of the said John late Earl of Sarum and of the judgement aforesaid against him given is not nor was like to the case of the executing of the said Th. heretofore Earl of Lancaster nor to the case of the putting to death of Roger Earl of March nor to any judgement given against
Picardy ready to be transported into England But when it was certainly certified that King Richard was dead and that their enterprise of his deliverance was frustrate and void the Army scattered and departed asunder But when the certainty of King Richards death was declared to the Aquitaynes and Gascons the most part of the wisest men of the Country fell into a bodily fear and into a deadly dread for some lamenting the instability of the English people judged them to be spotted with perpetual infamy and brought to dishonour and loss of their antient fame and glory for committing so hainous a crime and detestable an offence against their King and Soveraign Lord. The memory whereof they thought would never be buried or extincted Others feared the loste of their goods and liberties because they imagined that by this civil dissension and intestine division the Realm of England should so be vexed and troubled that their Country if the Frenchmen should invade it should be destitute and left void of all aid and succour of the English Nation But the Citizens of Burdeaux took this matter very sore at stomach because King Richard was born and brought up in their City lamenting and crying out that since â—he beginning of the world there was never a more detestable or more villanous or hainous act committed which being sad with sorrow and inflamed with melancholy said that untrue unnatural and unmercifull people had betrayed and slain contrary to all Law and Justice and honesty a good man a just Prince and lawfull Governour beseeching God devoutly on their knees to be the revenger and punisher of that detestable offence and notorious crime 15ly The proceedings against King Richard the 2. in the Parliament of 1 H. 4. were in the Parliament of 1 E. 4. n. 9 10 11 12. condemned as illegal the Tyrannous usurpation of Henry the 4th with his hainous murdering of King Richard the 2. at large set forth his reign declared by Act of Parliament to be an intrusion and meer usurpation for which he and the heirs of his body are utterly dis inabled as unworthy to enjoy any inheritance estate or profits within the Realm of England or Dominions of the same for ever and that by this memorable Petition of the Commons wherein the pedigree of King Edward the 4th and his title to the Crown are likewise fully set forth a Record most worthy the publike view being never yet printed to my knowledge Ex Rotulo Parliamenti tenti apud Westm anno primo Edwardi Quarti n. 8. Memorandum quod quaedam Petitio exhibita fuit praefato Domino Regi in praesenti Parliamento per praefatos Communes sub eo qui sequitur tenore verborum For as much as it is notary openly and evidently known that the right noble and worthy Prince Henry King of England the third had issue Edward his furst gotten Son born at Westminster in the 15 kalende of Juyll in the vigille of Seint Marce and Marcellian the year of our Lord M. C.C.XLV the which Edw. after the death of the said King Henry his Fader entituled and called King Edward the furst had issue his furst gotten Son entituled and called after the decease of the same Edward the furst his Fader King Edward the second which had issue the right noble and honourable Prince King Edward the third true and undoubted King of Englond and of France and Lord of Irelond which Edward the third had issue Edward his furst gotten Son Prince of Wales William Hatfield secund gotten Son Leonel third gotten Son Duke of Clarence John of Gaunt fourth gotten son Duke of Lancaster Edmund Langley the fifth gotten son Duke of York Thomas Wodestoks the sixth gotten son Duke of Gloucester and William Wyndesore the seventh gotten Son And the said Edward Prince of Wales which died in the life of the said King Edward the thurd his Fader had issue Richard which after the death of the same King Edward the third as Cousin and heir to him that is to say Son to the said Edward Prince of Wales Son unto the said King Edward the third succeeded him in royal estate and dignity lawfully entituled and called King Richard the secund and died without issue William Hatfield the secund gotten Son of the said King Edward the third died without issue the said Leonel Duke of Clarence the third gotten Son of the same King Edward had issue Phelip his only daughter and died And the same Phelip wedded unto Edmund Mortimer Earl of Marche had issue by the same Edmund Roger Mortymer Earl of Marche her Son and heir which Edmund and Phelip died the same Roger Earl of March had issue Edmund Mortymer Earl of March Roger Mortymer Anne and Alianore and died And also the same Edmund and Roger sons of the foresaid Roger and the said Alianore died without Issue And the same Anne wedded unto Richard Earl of Cambridge the Son of the said Edmund Langley the fifth gotten son of the said king Edward the third as it is afore specified had issue that right noble and famous Prince of full worthy memory Richard Plantagenet Duke of York And the said Richard Earl of Cambridge and Anne his Wife died And the same Rich. Du. of York had issue the right high and mighty Prince Edward our Liege and Soveraign Lord and died to whom as Cousin and heir to the said King Richard the Crown of the Realm of England and the royal power estate dignity preheminence and governance of the same Realm and the Lordship of Ireland lawfully and of right appertaineth of the which Crown Royal power estate dignity preheminence governance and Lordship the said King Richard the second was lawfully rightfully and justly seised and possessed and the same joyed in rest and quiet without interruption or molestation unto the time that Henry late Earl of Derby son of the said Iohn of Gaunt the fourth gotten son of the said King Edward the third and younger Brother of the said Leonel temerously agenst rightwisnes and Iustice by force and Arms agenst his faith and liegeaunce rered werre at Flynte in Wales agenst the said King Richard him took and enprisoned in the Tower of London of grete violence And the same King Richard so being in prison and living usurped and intruded upon the royal power estate dignity preheminence possessions and Lordships aforesaid taking upon him usurpously the Crown and name of K. and L. of the same Realm and Lordship And not therewith satisfied or content but more grievous thing attempting wickedly of unnatural unmanly and cruel tyranny the same King Richard King anointed crowned and consecrate and his Liege and most high Lord in the Earth agenst Gods Law Mans liegeance and Oth of fidelite with uttermost punicion attormenting murdred and destroyed with most vile hainous and lamentable death whereof the heavy exclamation in the doom of every Christian man soundeth into Gods hearing in Heaven not forgotten in the Earth specially in this
rightfull Kings or their heirs or the Nobles and people of thâ—se Realm their possessions of the Crown being no expiation of their Treasons Regicides but an aggravation of them both in Law and Gospel account unable to secure their heads lives by their own Law and concession since the actual coronation unction and possession of the kings de Jure whom they murdered deposed against their Oaths allegeance duties could neither preserve their crowns persons nor lives from their violence and intrusion To omit he hanging up of Iohn of Leyden who crowned himself a king with his companions for Traytors at Munster An. 1535. with all antient domestick presidents of this kind among our British and Saxon kings it is very observable that in the Parliament of 1 E. 4. n. 17 18. Henry the 6. though king de facto together with his Queen Son Edward Prince of Wales the Duke of Somerset and sundry others were attainted of high Treason for killing Rich. Duke of York at Wakefield being only king de jure and declared heir and successor to the Crown after King Henry his death in the Pâ—rliament of 39 H. 6. n. 18. though never crowned and not to enjoy the possession of it during the reign of King Henry yet Henry the 6. his murder after his deposition was never inquired after though king de facto for sundry years and that by descent from 2. usurping ancestors nor yet reputed Treason After this king Richard the 3d. usurping the Crown and enjoying it as king de facto for 2. years 2. moneths and one day was yet slain in Bosworth field as an usurping bloudy Traytor stript naked to the skin without so much as a clout to cover his privy members all sprinkled over with mire and bloud then trussed like a Hogg or Calf behind a pursuivant and ignobly buried Sir William Catesby a Lawyer one of his Chief Counsellors with divers others were two dayes after beheaded at Leicester as Traytors notwithstanding he was king de facto and no doubt had not king Richard been slain in the field but taken alive he had been beheaded for a Traytor as well as his adherents being the principal Malefactor and they but his instruments So that his kingship and actual possession of the Crown by intrusion did neither secure himself nor his adherents from the guilt or punishment of High Treason nor yet the Act of Parliament which declared him true and lawfull King as well by inheritance and descent as election it being made by a packed Parliament of his own summoning and ratified only by his own royal assent which was so far from justifying that it did make his Treason more heinous in Gods and mens esteem it being a framing of mischief and acting Treason by a Law Psal 94.20 21. which God so much abhors that the Psalmist thence infers v. 23. And the Lord shall bring upon them their own iniquity and shall cut them off in their own wickedness yea the Lord our God shall cut them off as he did this Arch bloudy Traytor and his Complices though king de facto by a Law 9ly Since the Statute of 11 H. 7. c. 1. some clauses whereof making void any Act or Acts of future Parliaments and Legal process against it are meerly void unreasonable and nugatory as Sir Cook himself affirms of Statutes of the like nature there have been memorable Presidents Judgements in point against his and others false glosses on it in favour of Usurpers though King or Queen de facto and their Adherents against the lawfull Queen and heir to the Crown which I admire Sir Edward Cooke and other Grandees of the Law forgot or never took notice of though so late and memorable King Edward the 6. being sick and like to dye taking notice that his Sister Queen Mary was an obstinate Papist very likely to extirpate the Protestant Religion destroy that Reformation which he had established and usher in the Pope and Popery which he had totally abandoned by advice of his Council instituted and declared by his last will in writing and Charter under the Great Seal of England the Lady Jane of the bloud royal eldest Neice to King Henry the 8. a virtuous Lady and zealous Protestant without her privity or seeking to be his heir and Successor to the Crown immediately after his death for the better confirmation whereof all the Lords of his Privy Council most of the Bishops Great Officers Dukes Earls Nobles of the Realm all his Judges and Barons exept Hales the Serjeants and great Lawyers with the Mayor and Aldermen of London subscribed their Names and gave their full and free assents thereto wherupon immediately after King Edwards death July 9. 1553. Iane was publikely proclamed Qu. of this Realm with sound of trumpet by the Lords of the Council Bishops Judges Lord Mayor and Aldermen of London So as now she was a Queen de facto backed with a very colourable Title from King Edward himself his Council Nobles Judges and the other subscribers to it being likewise eldest Neece to King Henry the 8. of the bloud-royal For defence of her person and Title when proclamed Queen and to suppress Mary the right heir the Council speedily raised a great power of 8000 foot and 2000 horse of which the Duke of Suffolk was first made General being her Father but soon after the Duke of Northmberland by Commission from the whole Council in Queen Janes Name who marched with them to Cambridge and from thence to St. Edmunds Bury against the Lady Mary Queen only de jure not de facto But many of the Nobles and the generality of the people inclining to Queen Mary the right heir and resorting to her ayd to Fotheringham Castle thereupon the Council at London repenting their former doings to provide for their own safety on the 20. of June 1553. proclamed Mary Queen and the Duke of Northumberland hearing of it did the like in his Army who thereupon deserted him From which sodain alteration the Author of Rerum AnglicanaruÌ„ Annales printed Lond. 1616. l. 3. p. 106. hath this memorable observation Tali tamen constanti veneratione nos Angli legitimos Reges prosequimur ut ab eorum debito obsequio nullis fucis aut coloribus imo ne Religionis quidem obtentu nos divelli patiamur cujus rei Janae hic casus indicium poterit esse plane memorabile Quamvis enim Dominationis illius fundamenta validissima jacta fuissent cui et summa arte superstructum est quam primum tamen Regni vera et indubitata haeres se Civibus ostendit omnis haec accurata structura concidit illico quasi in ictu oculi dissipata est idque eorum praecipue opera quorum propter Religionis causam propensissimus favor Janae adfuturus sperabatur c. All the Martyrs Protestant Bishops and Ministers imprisoned and burnt by her humbly requiring and in the bowels of our Lord Jesus
real crimes and misdemeanours operam dante Rege ut quamplures ex Angliis suo honore privarentur in quorum loco suae gentis personas subrogavit in confirmationem sui quod noviter acqusierat regni Hic nonnullos tam Episcopos quam Abbates quos nulla evidenti causi nec Concilia nec leges seculi damnabant suis honoribus privavit usque ad finem vitae custodiae mancipatos detinuit suspicione tantum inductus novi Regni As Florentius Wigorniensis and others inform us And in another Council held the same year at Windsore Bishop Agelric for pretended crimes was uncanonically degraded without any fault and presently after sent Prisoner to Marlebridge In this Council many Abbots were likewise degraded and Norman Monks put in their places In the 7 year of William Rufus Anno Dom. 1094. there fell out a great difference between the King and Archbishop Anselm upon this occasion The King alleged that it was the royal prerogative of him and his Ancestors That no man without his license or election should nominate or acknowledge any one within the Realm of England to be a lawfull Pope or yield obedience to him as Pope and that whosoever would deprive him of this royal prerogative it was all one as if he endeavoured to deprive him of his Crown Anselm whiles he was Abbot of Becca in Normandy before he was made Archbishop of Canterbury had acknowledged Urban to be lawfull Pope whom the King had nor yet received as Pope and resolved to receive his Pall from him and by no means to recede from this his subjection and obedience to him Upon which occasion the King being highly displeased with him protested That Anselm could not possibly keep that allegiance which he owed to him and likewise his obedience to the Apostolick See against his will they being inconsistent together and thereupon reputed him a Traytor to his Crown and dignity Anselmus igitur â—eâ—ivit inducias ad istius rei examinationem quarenuâ— Episcopis Abbatibus cunctisque regni Principibus una coeuntibus communi assensu definiretur â—rum sâ—lva reverentia obeâ—ientia sedis Apostolicae possit fidem Regi terreno serâ—are an non Quod si probatum inquit fuerit utrumque fieri minime posse fate or malo terram tuam donec Apostolicum suscipias exeundo devitare quam beati Petri ejusque Vicarii obedientiam vel ad horam abnegare Dantur ergo induciae atque ex Regis sanctione firme totius Regni Nobilitas quinto Id. Martii pro ventilaâ—ione istius causae in unum apud Rochinghâ—ham coit All the Bishops Abbots and Nobles being there assembled in a Parliamentary Council this controversie between the King and Anselm being stifly debated for many days The King required and the Bishops and Nobles much pressed Anselm singly to submit himself to the Kings Will without any saving of his obedience to the Pope which he peremptorily refused this being the sum of his answer to the Bishops and Nobles Cuncti noveritis in communi quod in his quae Dei sunt Vicario be ti Petri obedientiam in his quae terrenae Domini mei Regis dignitati jure competunt fidele consilium auxilium propensus mea capacitate impendam The King extremely incensed with his answer most intirely inquired of his Bishops and Nobles what he should object against his speeches After much consultation they agreed upon an answer telling Anselm Noveris totum regnum conqueri adversum te quod nostro communi Domino conaris decus Imperii sui Coronam auferre Quicunque enim Regâ—e dignitatis consuetudines tollit Coronam simul regnum tollit c. Whereupon they advised him to renounce Urban and to submit to the King and crave his pardon for his offence Which he refusing they perswadâ—d the King to give him no longer time to advise if he persisteâ— in his obstinacy Sed in eum mox judicii sententiam invehi juberet The King and Bishop of Durham preâ—ed That he might be deprived of his Ring Pastoral staff and Bishopâ—ick and banished the Realm if he would no submit to the Kings will which some of the Nobles misliking conceiâ—ing that he being their Superiour and Metropolitan could not be judged by them but by the Pope alone the King said Quid placeat si haec non placent dum vivo parem mihi in regno utique sustinere nolo c. Anselm thereupon desired the Kings safe conduct promising voluntarily to depart the Realm but refused to resign his Bishoprick which the King refused to grant unlesse he resigned it At last by the mediation of the Nobles and Bishops the King granted him longer time to consider of his absolute submission to him upon the promise of his loyal and peaceable deportment in the interim and so this Parliamentary Council ended the proceedings whereof are at large recorded by Eadmerus well worth perusal Anno 1095. Robert de Mulbrain William de Auco and many others conspired to deprive King William Rufus both of his kingdom and life and to make Stephen Earl of Albemarl King whom the King having thereupon taken Prisoners by an Army raised against them and committed to safe custody till their trial in Parliament Anno 1996. 8 days after Epiphany apud Salisberiam tenuit CONCILIUM in quo jussit Gulielmi de Auco in duello victi oculos eruâ—re testiculos abscindere dapiferum illius Gulielmum de Alderi suspendi Comitem Odonem de Campania praedicti Stephani patrem quosdam alios traditionis participes in custodiam posuit Here the King and Lords in a Parliamentary Council â—udge and condemn Traytors to death imprisonment or other corporal punishment as well Commons as Peers In the year of Christ 1.100 Ranulph Flambard Bishop of â—urham Consilio gentis Anglorum By the Vote of the whole Parliament of England was clapt up Prisoner in the Tower of London by King Henry the 1. at the importunity of the Nobles and the innumerable complaints made against him he being the chief Author and promoter of all the evil customs extortions and unjust oppressions of the Realm and people exercised by King William Rufus then redressed by the Charter of King Henry made and ratified by the assent advice of his Nobles and Barons exacting many times twice as much of the people as Wâ—lliam Rufus required wherewith the K. very well content would laugh and say That Ranulph was the only man for his turn who cared not whom he displeased so he might please his Master After he had been imprisoned some space he made an escape out of the Tower by a rope hurting his Leg and Arm by a fall from the wall to the ground the rope being too short then escaping into Normandy instigated D. Rob. to claim the Crown and invade the Realm to his own great loss the effusion of much Christian blood and great disturbance and damage of the
son serement Auxint pur lour malveis covetise et par poiar roial a eux acroche ne susterent nostre seignor le roy doier ne droit fair ' as grandes de la terre sur la demonstrance que ilz fesoient a luy pur luy et pur eux de la disheritance de la corone et de eux touchant les terres que furent as templers Et issint par yoiar roial a eux accroche ont ils mesne nostre seignour le roy son counseil et ses prelatz que des choses touchant eux ou lour alies ount emprise et embrace par eux que droit ne poet estre fait forsquea lour volunte et a dammage et a dishonour de nostre dit seigneur et peryl de son serement et dishinheritaunce et destruction de plusours autres grandes du people de son royalme Et auxint de eslues as evesque abbes et priours que devoient de droit estre resceux de nostre seignour le roy lou ils sont en due maner estues ne poient approcher a nostre seignour le roy ne one luy parler de querer sa grace tanque ils avoient fait sine et fret Sir Hugh le fitz a sa volunte Ne nul que eust grant aquere de nostre seignour le roy ne poet a nul grant atteinder avantque ilz avoient faitfine a luy Estre ceo lou John de Lacchelegh et autres fuerent agardes a la prisone pur un trespas que ils avoient fait a la dame de Merk a damag ' de la dist dame de M. Centz marcz dont ils furent atteintz devant mon Sir Robert de Middyngle er ses compaignons Justices assignes a oier et terminer cel temps cel trespas et le dit John feust en la prison de Colcestre par la gard suisdit Sir Hugh le fitz accrochantz a luy roial poiar amesna le diâ— Iohn hors de la prison contre leye de la teâ—re eius que il avoir fait gree a la dit dame des damages avantditz et luy fist vender sa terre a luy et â—ever sur ceo un fine Claus 16 E. 2. m. 5. There is this memorable case recorded The King being at Bishops Thorpe near York held a Council with his Lords divers of which are there named concerning the Truce with Scotland inter quâ—s Nobiles Hen. de Bellamont Baro de Magno et secreto Concillo ipsi Domino Regi juratus vocatus fuit ibidem venit Being there preâ—ed by the King to give his advice herein quodam motu excessius animo quasi irreverents dicto Domino Regi saepe respondit quod sibi consulere noluit in hac parte Whereupon the King commanded him thence Upon which he went out of the Council and said He had rather be absent than there Upon which contemptuous carriage and words consideration being had by the Lords and Council by all the Iudges Barons of the Exchequer being there amongst others to wit as assistants in regard he was sworn and had taken the Oath of a privy Counsellor to the King being called in again Committitur Scalae Prisonae pro contemptu inobedientia praedictis After which he was let to mainprise and a truce being there concluded with the Scots thereupon the writs ad arma c. were revoked that were formerly iâ—sued to the Tenants by Escuage and Knights service In the Parliament held at Winchester Ann. 2 E. 3. Edmund Earl of Kent the Kings Uncle by the instigation and power of Roger Mortimer Earl of March was arrested impeached condemned and executâ—d for conspiring and attempting to rescue his Brother King Edward the 2. and saying he was alive after the time he was murdered which Treason was said to be manifestly proved by Letters found about him and by his own voluntary confession before the Coroner recorded in Walsingham and the Clause Roll of 4 E. 3. which Letters and confession were openly read in Parliament pur que oue le assent des Countz Barons et autres Grantz et Nobles â—n mesme le Parliament par agard dicelle estoiet le dit Count come Nostre Trayture et Traiture de Royalm adjudge a la mort as the King himself recites in his Writs and Letters to all Sherifs Claus 4 E. 3. m. 16. dorso Demorte Edmundi nuper Comitis Cantii publicanda commanding them to publish this as the cause and manner of his death and to arrest all those that said King Edward the 2. was alive or that the said Earl of Kent was otherwise put to death So that by this record being a Peer he was adjudged to death only by the Earls Barons Great men and Nobles in Parliament without the Commons not named in this record And therefore the Kings Letter to the Pope in 4 E. 3. relating the proceedings and judgement against the Earl in these words if truly recited Comitibus Magnatibus Baronibus aliis de COMMUNITATE dicti regni ad PARLIAMENTUM illud congregatis injunximus ut super hiis DISCERNERENT ET JUDICARENT quid rationi justitiae conveni et habentes prae oculis solum deum qui eum CONCORDI ET UNANIMI SENTENTIA tanquam reum criminis laesae Majestatis ADJUDICARENT ejus sententiae c. Objected by Sir Robert Cotton to prove the Commons to have a share and voice in judicatures in Parliament and that not in the case of a Commoner but this great Peer must needs be understood of an Attainder by Bill to confirm the judgement formerly given against him by the Earls Barons and Lords alone in this Parliament as in the case of the two Spencers not long before not of his original sentence given only by the Lords Barons and other Great men and Nobles as the Clause Roll and all Writs to the Sheriffs record Which the Parliament Roll in 4 E. 3. n. 11 12. doth likewise intimate where Earl Edmonds eldest Son and Margaret Countesse of this Earl of Kent by their Petitions prayed that THE RECORD or Bill against the said Earl might be reversed for errors therein appearing and he to be restored to blood and lands of his Father and she to her Dower which was granted and ordered by Parliament saying to the King the wardship of the same during his minority and thereupon it was further enacted That no Peer of the land nor other persons should be impeached for the death of the Earl of Kent but only the said Mortimer and 3 more then impeached and condemned of High Treason for his murder as well of the deposed Kings and that his Countess should have her Dower as Claus 5 E. 3. part 1. m. 24. assures us In the Parliament of 4 E. 3. rot Parl. n. 14. Edward the eldest Son of Edward Earl of Arundel condemned and beheaded without any legal trial by his
Gulielmus Nubrigensis relates Qâ—cunque Rege tyrannice occiderat eo ipso personam et potestatem Regiam induens suo quoque occisori tandem post modicum fortunam inveteratae consuetudinis lege relicturus Quippe ut dicitur à centum retrò annis et eo amplius cum Regum ibidem numerosa successio fuerit Nullus eorum senio aut morbo vitam finivit fed omnes ferro interiere suis interfectoribus tanquam legitimis successoribus regni fastigium relinquentes ut scilicet omnes qui tanto tempore ibidem imperasse noscuntur illud quod Scriptum est respicere videatur OCCIDISTI INSUPER ET POS SEDISTI Wherefore to prevent the dangerous Consequences of these false Glosses on the Statutes of 25 E. 3. c. 2. 11 H. 7. c. 1. I shall lay down these infallible grounds 1. That all publike Laws are and ought to be founded in Justice righteousnes and common honesty for the preserving securing the lives persons estates of all men especially of lawful Kings and Supreme Magistrates from all violence invasion force disseisins usurpations conspiracies assassinations being against all rules of Law and Justice Exod. 20.12 to 18. c. 21 22. 23. Mat. 5.17 to 48. c. 7. 12. Deut. 4.18 Psal 19.8.9 Ps 119.7.106 137 138·160 167. Rom. 7.12 Deut. 6.25 Ps 33.5 Ps 45.7 Ps 72.2 Ps 74.15 Prov. 8.18 Prov. 24.21 Rom. 13.1 to 7. Lu. 20.25 Tit. 3.1 2 3. 1 Tim 1.9 10. Job 20.19 c. 24.2 Mich. 2.1 2 3 4. Jer. 6.7 c. 20.8 c. 22.3.17 Ezech. 45. c. Hab. 1 2. to 10. Lu. 3.14 Whence Cicero thus defines Law Lex est ratio summa insita in natura quae jubet ea justa quae facienda sunt prohibe que contraria Therefore these 2. Statutes were purposely made for those great ends and ought to be interpreted onely for the best advantage of Lawfull Kings and their adherents not for the indemnity impunity encouragement of Traytors Rebels Intruders Usurpers 2ly What Tully writes of the Roman Senators we ought to doe the same of our English Parliaments and Legislators Ea virtute et sapientia majores nostri fuerunt ut legibus scribendis nihil sibi aliud quam salutem atque utilitatem reipublicae proponerent Whence he there inferrs A Legibus nihil convenit arbitrari nisi quod reipublicae conducat proficisci quoniam ejus causa sunt comparatae Therefore these Laws are to be interpreted for the best security safety preservation of the lawfull heads of the Commonwealth and their rightfull heirs and loyal dutifull subjects not for their destruction and the indemnity security of Usurpers Traytors Rebels aspiring after their Crowns Thrones Assassinations to the publike ruine 3ly All the branches of the Statute of 25 E. 3. c. 2. made at the special request of the Lords and Commons and that by a lawful King at that season declare this Statute to be meant only of a lawful King whiles living whether in or out of actual possession of the Realm not of a bare Usurper in possession without right as Sir Edward Cooke expounds it else it will necessarily follow That it shall be no Treason at all to compasse or imagine the death of the King de jure if once dispossessed for a time by Violence and Treason or of his Queen or eldest son and heir or to violate his Queen or eldest daughter not married or to levy war against the lawfull King in his Realm or to be adherent to his Enemies within the Realm or elsewhere or to counterfeit his Great or Privy Seal or mony c. But high Treason in all these particulars in relation only to the Vsurper in possession without and against all right and Title which would put all our rightful Kings and Supreme Governors into a farr worser sadder condition than their Trayterous Vsurpers and into a worse plight than every Disseisee or lawfull heir intruded upon by abatement or dispossessed by torcions unjust or forcible entries for which our Common and Statute Laws have provided many speedy and effectual means of recovering their possessions and Damages too against Disseisorâ— Abators Intruders on their Inheritances Freeholds for exemplary punishment fining imprisonment of the Disseisors Abaters but no means of recovery at all for our dishinherited disposseâ—ed Kings or their heirs against Intruders Vsurpers of their Crowns nor punishments against them their Confederates or Adherents if our Laws concerning Treasons extend not unto them though Kings de jure but only to Usurpers de facto et non de jure and if the Statute of 11 H. 7. exempt them from all kinds of penalties forfeitures by the lawfull King when he regains possession of the Crown as some now expound them 4ly It is resolved both by our Statutes Judges Law-books over and over That there is no Inter-regnum in our hereditary kingdom or any other That so soon as the rightfull hereditary King dies the Crown and Realm immediatly descend unto and are actually vested in the person and possession of the right heir before either he be actually proclaimed or crowned King and that it is high Treason to attempt any thing against his Person or royal authority before his Coronation because he is both King de jure de facto too as was adjudged in Watsons and Clerks case Hill 1. Jacobi Hence upon the death of King Henry the 3. though Prince Edward his heir was absent out of the Realm in the holy wars where he received a dangerous wound by an assassinate and was not certainly known to be alive yet all the Nobility Clergy and people going to the high Altar at Westminster swore fealty and allegeance to him as their King appointed a New Seal and Officers under him qui thesauram Regis pacem regni fideliter custodirent Sicque pax Novi Regis Edwardi in cunctis finibus regni proclamatur Edwardo fidelitatem Jurantes qui si viveret penitus ignorarunt Besides it is both enacted resolved in our Statutes Lawbooks That Nullum tempus occurrit Regi and that when the King is once in legal possession of his Crown Lands or any Lands holden of him by reason of his Praerogative he who enters or intrudes uppon them shall gain no freehold thereby yea if the Kings Tenant dieth and his heir enter into the lands his ancestors held of the King before that he hath done his homage and received seisin of the King though he hath a right of inheritance to the Lands by Law yet he shall gain no freehold and if he die yet his wife shall not be indowed because he gained no freehold by his entry but only a naked possessioÌ„ much les then shal a meer Intruder gain any Freeheld or interest in the Crown or Crown lands it self to the prejudice of the rightfull King or his heirs This is most evident by the sacred presidents of K. David still King when unjustly dispossessed driven out of his
kingdom by his unnatural Son Absolon who made himself King de facto who was yet a traytor with all his Adherents and came to a tragical end 2. Sam. c. 15. to c. 20. by the case of Adonijah the Vsurper and his Adherents slain and degraded as Traytors and of the Usurper Athaliah who had near 7. years possession of the Throne and slew all the bloud royal but Ioash yet was shee dispossessed slain as a murderer traytor usurper and Ioash the right heir set upon the Throne and crowned King by Jehoiada the high Priest the Captains and Rulers of the host and Officers people of the Land who all rejoyced and the City was quiet after that they had slain Athaliah with the sword 2 Kings 11. 2 Chro. c. 23. And as this was Gods Law amongst the Jews So it was the antient Law of England under the antient Britons as is evident by the case of the Usurper Vortigern who afâ—er his Usurpation of the Crown by the murther of two rightfull Kings Constantine and Constance and near 20 years possession by usurpation the Britons calling in and crowning Aurelius Ambrosius the right heir for their lawfull King he was prosecuted by him as a Traytor both to his Father and Brother whom he caused to be murdered to gain the Crown besieged assaulied and burnt to death in the Castle of Genorium in Wales with all his adherents that were in it This Law continued not onely under our Saxon Kings but English too as is evident by the case of Qu. Maud reputed a lawfull Queen notwithstanding the usurpation Coronation and actual possession of King Stephen in her absence all whose grants of the Crown lands were resumed by her Son King Henry the 2. and King Stephens Charters and Grants of them resolved null and void against King Henry because made by a Usurper and Invader of the Crown King John in the year 1216. was renounced by most of his Nobles Barons people who elected crowned and swore allegeance to Lewes as their King and dispossessed King John of all or most of the Realm who thereupon at his death cum summa mentis amaritudine maledicens non valedicens omnibus Baronibus suis pauper omni thesauro destitutus nec etiam tantillum terrae in pace â—inens ut vere JOHANNIS EXTORRIS diceretur ex hac vita miserrime transmigravit Henricum primogenitum suum REGNI CONSTITUENS HAEREDEM Yet no sooner was he dead though Lewes was K. de facto and that by the Barons own election who called him in and crowned him but Gualo the Popes Legat and many of the Nobles and People asâ—embling at Glocester there crowned Henry his Son for their true and lawfull King at Glocester cogente necessitate quoniam Westmonasterium ubi locus est ex consuetudine regiae consecrationis deputatus tunc ab inimicis suis suit obsessum After his Coronation he received the homages and fealties of all the Bishops Earls Barons and others present at his Coronation Sicque Nobiles Universi Castellani eo multo fidelius quam regi Johanni adhaeserunt quia propria patris iniquitas UT CUNCTIS VIDEBATUR filio non debuit imputari After which most of the Nobles and English deserting Lewes submitted themselves to Henry as their lawfull Soveraign routed the French forces besieged Lewes in London forced him to swear that he would depart the Realm and never to return more into it during his life and presently restore all the Lands and Castles he had taken in England by warr and resign them to King Henry Which he accordingly performed Most of the Barons who adhered to Lewes and submitted themselves to King Henry were by agreement restored to all their rights inheritances and Liberties But some Bishops Abbots Priors Secular Canons and many Clergy-men qui Ludovico Baronibus consilium praestuerant et favorem and continued obstinare were excepted out of the composition between King Henry and Lewes and thereupon deprived of their livings goods and forced to make fines and compositions for adhering to the Usurper Lewes though King de facto for a season Therefore a King de facto gets neither a legal freehold against the King de Jure or his heirs nor can he indemnify his adherents against his Justice who are still Traytors by adhering to him though crowned and the King de jure may punish them as such 5ly Since the Statute of 25 E. 3. which altered not the Law in this point before it in the Parliaments of 1 E. 4. roâ— Parl. n. 8. to 37.4 E. 3. n. 28. to 41.14 E. 4. n. 34 35 36. King Henry the 6. himself though king de facto for 39. years and that by Act of Parliament and a double descent from Henry the 4th and 5th Usurpers and Intruders together with his Queen and sundry Dukes Earls Barons Nobles Knights Gentlemen who adhered to him in his wars against Richard Duke of Yorke and Edward the 4th King de jure were all attainted of high Treason all their lands goods chattels forfeited some of them executed as Traytors for adhering to Henry the 6. and assisting him in his wars against Edward the 4th king only de jure it being adjudged High Treason within the Statute of 25 E. 3. against Sir Edward Cooks fond opinion to the contrary As for the Year-book of 9 E. 4. f. 1. b. that the King de jure when restored to the Crown may punish Treason against the king de facto who usurped on him either by levying warr against him or compassing his death it was so farr from being reputed Law in any age being without and against all Presidents or in King Edward the fourths reign that those who levied war against Henry the 6. were advanced rewarded as loyal Subjects not punished as Traytors for it by King Edward the 4th when actually King It being not only a disparagement contradiction to the Justice Wisdom Title Policy and dangerous to the person safety of any King de jure to punish any of his Lieges Subjects for attempting the destroying deposing of an Vsuper of his Crown and Archtraytor to his person but an owning of that Usurper as a lawfull King against whom high Treason might be legally committed and a great discouragement to all loyal Subjects for the future to aid him against any Intruders that should attempt or invade his Throne for fear of being punished as Traytors for this their very loyalty and zeal unto his safety Moreover all the gifts grants made by Henry the 4 5 6. themselves or in and by any pretenced Parliaments under them were nulled declared void and resumed they being but meer Usurpers and kings de facto not de jure 6ly It is the judgement resolution of learned Polititians Historians Civilians Canonists Divines as well Protestants as Papists Jesuites and of some Levellers in this age that it is no Offence Murther Treason at all by the Laws of God
or men but a just lawfull commendable heroick righteous and meritorious action to kill destroy dethrone or wage warr against a professed Tyrant especially such a one who invades his lawfull Soveraigns Throne Crown by perjury treason force regicide expulsion deposition or assassination of his rightfull undoubted Soveraign against his duty and allegiance without any colour of just Title to the Crown And this they hold unquestionable when done either by command or commission from the King de jureâ— or his rightfull heir or successor though out of actual possession or out of meer loyalty and duty to restore them to the just possession of their Thrones or to free their Native Country from the miseries oppressions wars murders bloudsheds and apparent destruction occasioned by his Usurpation of the Crown which is warranted by the presidents of Athaliah 2 Kings 11. 2 Chron. 23. and of Zimri 1 Kings 16.8 to 23. recorded in Scripture with hundreds of examples in other Histories of all antient and modern Empires kingdomâ— Besides when the usurping King de facto is removed dead destroyed and the king de jure or his right heir restored by way of remitter to the actual possession of the Crown in disaffirmance of the usurpers right and possession they are in the selfsame plight and condition in Law as if they had never been usurped upon or dispossessed of the Throne Therefore the King de jure can neither in Law nor Justice when remitted punish any such attempt against the king de facto as Treason it being no Treason in it self and the Usurper no lawfull king at all but the very worst and greatest of Traytors whiles a Usurper So that 9 E. 4. f. 1. b. can be no Law at all but a most gross absurdity 7ly It is a Principle in Law that no Disseisor Trespassor or Wrong-doer shall apportion or take advantage of his own wrong in the case of a common person much less then shall the Usurper of the actual possession of his lawfull Soveraigns Crown being the highest Offender Traytor Wrong-doer take advantage to secure himself or his adherents by his wrongfull trayterous possession against the Statute of 25. E. 3. or the ax of Justice The rather because this Statute was made and the Treasons therein specified declared and enacted to be Treason by King Edward the 3. and most of of those Lords who in the Parliament of 4 E. 3. but 21. years before at this Kings request and by his assent declared adjudged condemned executed Roger Mortimer and his Complices as Traytors guilty of HIGH TREASON for murdering King Edward the 2. his father after he was deposed in Parliament because he was still king de jure though not de facto Therefore they most undoubtedly resolved the king de jure though not regnant to be a King within that Act not the king de facto without right or title as Sir Edward Cooke erroniously asserts 8ly If the imagining or compassing the death or deposing or imprisoning of the King declared by overt act or rearing war against him or adhering to his enemies by any ambitious Usurper be High Treason within this Act for which he and his adherents shall lose their lives lands estates and suffer as Traytors though he never actually kill depose imprison or dispossess the King of his actual Regal power as the Council of Calchuth An. 787. cap. 3. The Council of Aenham An. 1009. cap. 26. with all our antient Laws Lawbooks Lawyers cited by Sir Edw Cook in his 3. Instit c. 1 2. the Statutes of 25 E. 3. all our other Acts concerning Treason and the forecited Judgements Presidents in Parliament with others in Queen Elizabeths reign abundantly evidence Then it is much more High Treason in the highest degree within the letter intention of all these Laws actually to usurp and get possession of the Crown by levying warr against and imprisoning degrading expelling banishing or murdering the lawful King himself and depriving him or his right heir of the possession of the Crown there being a complication of all the highest Treasons involved in an actual usurpation and a greater damage prejudice to the King kingdom than in a successless attempt alone which proves abortive and is quickly ended And if so then such an Arch-Traytors actual usurpation of the Crown must by consequence be so far from indemnifying him or mitigating or expiating his Treasons that it doth aggravate them to the highest pitch and expose him and his adherents to the highest penalties though king de facto and that both by the Law of God himself as is evident by the cases of Athaliah and of Baasha who conspiring against and slaying his Soveraign Nadab son of Jeroboam and then reigning in his stead smote all the House of Jeroboam not leaving to him any that breathed according to the saying of the Lord yet because he provoked God to aâ—ger with the works of his hands in being like the House of Jeroboam and BECAUSE HE KILLED HIM his son Elah who reigned in his stead two years was by Gods retaliating Justice slain by Zimri who reigning in his stead assoon as he sat on the Throne slew all the house of Baasha so that he left him not one that pissed against the wall neither of his kinsfolks nor of his Friends according to the word of the Lord which he spake against Baasha by Jehu the prophet When Zimri had thus reigned by Usurpation bloudshed but 7. days all the people of Israel that were incamped against Gibethon hearing that Zimri had conspired and also slain the King made Omri Captain of the host king over Israel that day in the camp who presently all marched from Gibethon to Tirzah besieged Zimri in it where he was burnt with fire in the Kings house and died for his sins and THE TREASON which he wrought All these Usurpers though kings de facto and Gods special instruments to punish and cut off other evil Kings and their families who usurped the Crown of Israel and kept the 10. revolting Tribes from the house of David to whom God had annexed them at first till rent from it by Jeroboams rebellion for Solomons sin were yet Traytors still in Gods and mens account and thus exemplarily slain and punished as such The like Examples we find in the Gothish and Spanish Histories every such actual Invader of the Crown qui regem nece attractaverit aut potestate Regni exuerit aut praesumptione tyrannica regni fastigium usurpaverit being condemned and for ever accursed excommunicated with the highest Anathema that can be inflicted by the 4. Council of Toledo can 74. and also by the 5. Can. 2 3 4 5 6. The like presidents we find in the Histories of the Roman Emperors of the kings of Denmark Poland France Scotland and other Realmes where Usurpers of the Crown though in actual possession have been oft times slain and executed as the archest Traytors by the
should alwayes be summoned to and bear chief sway in our Parliaments in respect of their Peerage Power Nobility only without the peoples election This reason of their sitting in Parliament we find expresly recorded in Bracton l. 2. c. 16. fol. 34. and in Fleta l. 1. c. 17. The King say they hath a Superiour namely God also the Law bâ— which he is made a King likewise his Court to wit THE EARLS BARONS because they are called Counts as being the KINGS FELLOWS and he who hath a Fellow hath A MASTER And therefore if the King shall be without a bridle that is without a Law debent ei frâ—num imponere THEY OUGHT TO IMPOSE A BRIDLE ON HIM c. which the Commons being persons of less power and interest were unable to do Andrew Horn in his Mirrour of Justice ch 1. § 2.3 renders the like reason In all the contests in Parliaments and Wars between K. John Hâ—n 3. Edw. 2. Rich. 2. concerning Magna Charta the Charter of the Forest the Liberties Properties of the Subjects and opposition of unjust Taxes Ayds Exactions the Lords and Barons were the Ring-leaders the chief Opposers of these Kings Usurpations Exactions and Encroachments on the Great Charters Laws Rights Liberties of the people as all our Histories and Records relate whence they stile the Wars in their times THE BARONS WARS and before this the Nobles were the principal Actors in resisting the Tyranny of K. Sigebert and K. Bernard and dethroning them for their misdemeanours as is clear by Mat. Westminster in his Flores Historiarum An. 756. 758. To give some pregnant Instances of this kind not vulgarly known or taken notice of to clear this truth beyond contradiction Upon the death of William Rufus An. 1100. Magnates the Nobles of England not knowing what was become of Robert Duke of Normandy who had been 5. years absent in the holy Warrs thereupon Henry his Brother Congregato Londoniis Clero Angliae populo universo to wit the Lords Spiritual and Temporal expressed by these terms not the inferiour Clergy Knights Citizens Burgesses and Commons of the Realm as some Antiquaries and others mistake who derive their sitting in Parliaments from the beginning of this Kings reign promisit emendationem legum quibus oppressa fuerat Anglia tempore Patris sui Fratris nuper defuncti ut animos omnium in sui promotionem accenderet et amorem et illum in Regem susciperent et patronum Ad haec CLERO respondente et MAGNATIBUS CUNCTIS the Clerus populus there summoned quod si animo volente ipsis vellet concedere et Charta sua communire illas Libertates et Consuetudines antiquas quae floruerunt in Regno tempore Regis Edwardi in ipsum consentirent et in Regem unanimiter consecrarent Henrico autem libenter annuente et se id facturum cum juramento affirmante consecratus est in Regem favente Clero et populo cui continuo à Mauritio Londonensi Episcopo et à Thoma Eboracensi Archiepiscopo corona capiâ—i imponitur Cum fuerat diademate insignitus has Libertates subscriptas in regno ad exaltationem sanctae Ecclesiae et pacem populi tenendas concessit His Charter is recorded at large in Matthew Paris Bromton and others It begins thus Henricus Dei Graâ—ia Rex Angliae c. Sciatis me Dei misericordia Communi Consilio Baronum Regni Angliae Regem esse coronatum which proves that the Clerus Angliae Populus forementioned were only the Spiritual and Temporal Barons not ordinary Clergy and Commons as contradistinguished from them et quia regnum oppressum erat injustis exactionibus Ego respectu Dei et amore quam erga vos omnes habeo sanctam Dei Ecclesiam liberam facio c. et omnes malas consuetudines quibus Regnum Angliae injuste opprimebatur inde aufero quis malas consuetudines in parte hic pono Si quis Baronum meorum Comitum c. Lagam Regis Edwardi vobis reddo cum illis emendationibus quibus Pater meus eam emendavit Consilio Baronum suorum This Charter was subscribed by all the Bishops Earls Nobles and Barons of England Et factae sunt tot Chartae quot sunt Comitatus in Anglia et Rege jubente positae in Abbatiis singulorum Comitatuum ad monimentum So Matthew Paris relates William of Malmsbury records In regem electus est aliquantis tamen ante controversiis INTER PROCERES agitatis atque sopitis Which done aliquarum moderationem legum revocavit in solidum Sacramento suo et OMNIUM PROCERUM ne luderentur corroboravit Simeon Dunelmensis records that Consecrationis suae die Sanctam Dei Ecclesiam liberam fecit ac omnes malas consuetudines et injustas exactiones quibus regnum Angliae opprimebatur abstulit Legem Regis Edwardi omnibus in commune reddidit c. MAJORES NATU ANGLIAE MAGNATES TERRAE CONGREGAVIT LONDONIAE The Chronicle of Bromton records the same in the self-same words and so doth Henry Knyghton de Eventibus Angliae l. 2. c. 8 9. Polychron l. 7. c. 12. Roger de Hoveden Annal. pars 1. p. 468. and that the Lords procured this Charter King Stephen being elected and crowned King à PRIMORIBUS REGNI against his own and their former Oaths Omnes tam Praesules quam Comites et Barones qui filiae Regis et suis haeredibus juraverant Fidelitatem consensum Stephano praebentes In pursuance of his Coronation Oath Anno 1136. EPISCOPOS PROCERES REGNI SUI regali Edicto in unum convenire praecepit cum quibus GENERALE CONCILIUM CELEBRAVIT Oxoniis Wherein he confirmed all their Laws and Liberties by a special Charter in which there are these Clauses among others Sanctam Ecclesiam liberam esse concedo et debitam reverentiam illi conservo Omnes exactiones et injustitias et meschemingas sive per Vicecomites sive per alios quoslibet male inductas funditus extirpo Bonas leges et antiquas et justas consuetudines in hundris placitis et aliis causis observabo et observari praecipio et constituo This Charter was subscribed by all the Bishops Earls and Barons who procured it in this Common Council at Oxford Which they promised inviolably to observe generaliter se servaturum juravit sed nihil horum quae Deo promiserat observavit writes Matthew Paris Henry Huntindon Holinshed and others observe that the Archbishops Bishops and Nobles who contrary to their Oaths of Allegiance to Henry the 1. Mawde and their heirs elected Stephen King for this their detestable perjury soon after came to exemplary ends especially Roger the great Bishop of Salisbury qui secundum illud Sacramentum praefatum fecerat et omnibus aliis praedicaverat unde justo Deo judicio postea ab eodem Stephano quem creavit in Regem captus et excruciatus miserandum sortitus est
ad ipsum Regem confirmationem omnium istorum sub sigillo suo tanquam ab eo qui 〈…〉 â—tus erat cedendum malitiae temporis censuit obtinuerunt Pro eonfirmatione et harum rerum omnium dedit populus Anglicanus Regi denarium nonum bonorum suorum Clerus vero Cantuariensis Decimum et Clerus Eboracensis Quintum qui propiordamno fuit So Walsingham truly relates the History of this transaction These Statutes thus obtained by the Earls and Barons from the King are printed in our Statutes at large with the excommunication of the Prelates then denounced against the infringers of them in Rastals Abridgement of Statutes Sir Edward Cooks 2 Institut p. 527. to 537. being thus intituled Confirmationes Chartarum de Libertatibus Angliae et Forestae et Statutum de Tallagio non concedondo made both in the 25 year of Edward 1. not in the 34 as our Statute books and Sir Edward Cook misdate the latter of rhem The differences between the King these Earls and Nobles touching these liberties with his confirmation of them and the aid granted him for the same are likewise recorded in the Patent Roll of 25 Ed. 2. par 2. m. 6 7 9. And Claus 25 E. 1. m. 2.5.14.18.76 dors there are sundry Writs and Proclamations sent to all the Sherifs for the keeping of Magna Charta in all its articies and to the Bishops to excommunicate the Infringers of them agreeing with Walsinghams relation Anno 1299. the 26 of King Edward the first the king holding a Parliament at York the foresaid Earls because the Confirmation of the Charters forementioned was made in a forein land requested that for their greater security they might be again confirmed by the King in England which the Bishop of Durham and three Earls engaged he should doe upon his return out of Scotland with victory Whereupon this King the next year being the 27 of his reign holding a Parâ—iament at London Ubi rogatus a Comitibus saepe dictis ut Chartarum confirmationem renovaret secundum quod in Scotia promiserat post aliquas dilationes instantiae eorum acquievit hac additione Salvo jure Coronae nostrae infine adjecta Quam cum audissent Comites cum displicentia ad propria recesserunt sed revocatis ipsis ad quindenam Paschae ad votum eorum absolute omnia sunt Concessa And thereupon the Statutes intituled Articuli super Chartas 28 E. 1. in our printed Statutes and Cooks 2 Institutes whereas it should rather be 27. were then made and published by these Earls and Nobles procurement and Writs sent to all the Sherifs De quibusdam Articulis in MAGNA CHARTA contentis Chartae de Foresta Henrici Patris nostrae observandis Rot. Claus 27. E. 1 m. 17. And Pat. 28 E. 1. m. 14. Commissions are sent into all Counties de Artic. in mag Chart. content Stat. Regis apud Winton edita observandis and that whosoever did not observe every Article should be punished per imprisonamentum redemptionem vel amerciamentum secundum quod transgressio exigeret there being no certain way of punishment before ordained And Claus 28 E. m. 7 8. There are Writs sent to every Sherif to read proclaim magna Charta in his County 4 times every year to proclaim Articulos super Chartas à Rege populo concessos But the Execution of the Articles of the Forest being deferred notwithstanding these Proclamations thereupon King Edward held a Parliament at Stanford the 29 year of his reign ad quod convenerunt Comites et Barones cum eqnis et armis eo prout dicebatur proposito ut executionem Chartae de Foresta hactenus dilatam extorquerent ad plenum Rex autem eorum instamiam importunitatem attendens eorum voluntati in omnibus condescendit To omit all other Presidens these forecited abundantly evidence the gallantry stoutness heroical courage care vigilancy of the Lords in all our Parliamentary Councils to maintain and defend the fundamental Liberties Properties Great Charters of the Realm and to perpetuate them to posterity without the least violation to vindicate re-establish them when infringed and to withstand oppose all unjust aids taxes subsidies when either demanded levied exacted by our Kings though in cases of pretented or real necessity to supply their wants maintain their wars and protect the Realm from forein enemies I shall only produce three of four Historical Presidents more demonstrating what great Curbs Remoraes Obstacles some particular potent Noblemen of great estates alliance publike spirits have been to the exorbitant arbitrary wills power proceedings of our Kings who most endeavoured openly to subvert or cunningly to undermine our publike Laws and Liberties Mat. Paris speaking of the death of Geoffry Fitz-Peeter one of the greatest Peers of that age writes thus of him This year Anno 1218. Geoffry Fitz-Peeter Chief Justice of all England a man of great power and authority TO THE GREATEST DETRIMENT OF THE KINGDOM ended his dayes the 2. day of Octob. ERAT autem FIRMISSIMA REGNI COLUMNA for he was the most firm pillar of the Kingdom as being a Nobleman expert in the Laws furnished with treasures rents and all sort of goods and confederated to all the great men of England by blood or friendship whence the King without love did fear him above all men for he governed the reigns of the Kingdom Whereupon after his death England was become like a ship in a storm without an helm The beginning of which tempest was the death of Hubert Archbishop of Canterbury a magnificent and faithfull man neither could England breath again after the death of these two When K. John heard of Fitz-Peeters death turning to those who sate about him He said By Gods feet now am I first King and Lord of England He had therefore from thenceforth more free power to break his Oaths and Covenants which he had made with the said Geoffry for the peoples Liberty and Kingdoms peace Such Pillars and Staies are great and stout Peers to a Kingdom and Curbs to tyrannical Kings which caused Vortigern the British Kingâ— who usurped the Crown with the treacherous murder of his Soveraign Nobiles deprimere et moribus et sanguine ignobiles extollere quod maximè regiae honestati contrarium est to secure his throne thereby against their predominant power as other Usurpers and Tyrants since have done Therfore of meer Right they ought to have a place and voice in Parliaments for the very Kingdoms safety and welfare without the peoples election William Duke of Normandy having slain the Usurper King Harold with many thousands of Englishmen in the field routed his whole Army and caused the City of London and most parts of England to subject themselves unto him as their Soveraign out of base fear thereupon Stigand Archbishop of Canterbury and Eglesine Abbot of St. Augustine chief Peers of the Realm and Lords and Governors of Kent to preserve themselves their Country Laws and
was again resolved in another Parliamentary Assembly held that year by King Henry the first the Bishops Abbots Great men and Nobles of the Realme as you read before p. 173. Anno 1109. there sprung up another â—ot contest between Arch-Bishop Anselme and Thomas Elect of York about the oath of subjection and canonical obedience which was again debated and after Anselmes death again debated and finally setled in another Parliamentary Council by the King Bishops Nobles and Barons of the Realme of which at large before p. 174 175 176 177. The same Debate coming again between Ralph Arch-Bishop of Canterbury and Thurstan of York after his returne from Exile Anno 1121. was again concluded omnium Concilio Episcoporum Principum Procerum Regni p. 180. After many years intestine bloody wars between the perjured Usurper King Stephen Mawde and Duke Henry her Son for the Crown of England Anno 1153. apud Walingford in conventu Episcoporum et aliorum Regni Optimatum there was a final accord made between Stephen and Henry touching the inheritance and descent of the Crown that Stephen should adopt and constitute Henry for his son heir and successor to the Crown of England immediately after his death which Stephen should enjoy during his life yet so as that Henry should bee chief Justice and Ruler of the Kingdome under him This accord made between them by the Prelates Earles and Barons of the Realme was ratified by King Stephens Charter and subscribed by all the Bishops Earles and Barons in their Parliamentary Council at Walingford The difference and suit between King Henry the 2d and Roderic King of Conact in Ireland touching his Kingship Royalties Dominions Services Homage Loyalty and Tribute to King Henry were heard decided and a final agreement made between them in a great Parliamentary COUNCIL held at Windeshores Anno 1175. wherein King Henry the 2d and his Son with the Arch-bishops Bishops Earles and Barons of England without any Commons were present who made and subscribed this agreement recorded at large in Houeden where you may peruse it King Henry the 2d Anno 1177. Celebrato generali CONCILIO apud Northampton after the feast of St. Hilary by the advice of his Nobles restored to Robert Earl of Leicester all his Lands on this side and beyond the Sea as hee had them fifteen daies before the Warre except the Castles of Mounsorel and Pasci Hee likewise therein restored to Hugh Earle of Chester all the lands which hee had fifteen daies before the warre and gave to William de Abbine Son of William Earle of Arundel in the County of Southsex And in the same Council Deane Guido resigned into the hand of Richard Arch-Bishop of Canterbury the deanery of Walteham and all his right which hee had in the Church of Walteham quietum clamavit simpliciter absolute similiter fecerunt canonici seculares de Walteham de praebendis suis resignantes eas in manis Archiepiscopi sed Dominus Rex dedit eis inde plenariam recompensationem ad Domini Cantuariensis Archiepiscopi aestimationem Deinde Dominus Rex authoritate Papae Domini instituit in eadem Ecclesia de Walteham canonicos regulares de diversis domibus Angliae sumptos constituit Walterum de Garent canonicum sumptum de Ecclesia de Osencie Abbatem primum super congregationem illam magnis redditibus domibus pulcherrimis dotavit illos And then hee expelled the Nunnes out of the Monastery of Ambresbury for their incontinency and distributed them into other Nunneries there to bee kept more strictly under restraint and gave the Abby of Ambresbury to the Abbesse and house of Frum Everoit to hold it for ever Sanctius King of Navar and Alfonso King of Castile in the year 1177. submitted the differences between them concerning certain Lands Territories Towns and Castles to the determination of King Henry the 2d who thereupon summoned a Parliamentary Council of his Bishops Earles Nobles and Barons to hear and decide it by their advice Wherein the case being propounded debated and opened before them by the Ambassadours and Advocates of both Kings appeared to be this That King Sanctius during the minority of King Alphonsus an Orphant his Nephew Pupil and innocent from any crime unjustly and forcedly took from him without any demand hearing or Title divers Territories Towns and Lands there specified which his Ancestors had enjoyed and of right descended to him which hee forcibly detained Whereof hee demanded restitution and dammages On the other side Sanctius complained that Alphonsus the Emperour Father of this Alphonsus had by force of armes unjustly dispossessed his Grandfather of the Kingdome of Navarre after whose death Garsias his Nephew and next heir by the help of his friends and subjects recovered the greatest part thereof from the Emperour but not all Who dying leaving his Son Alphonso an infant with whom Sanctius made a league for ten years Alphonso during the League took by force of armes divers Castles Towns and Lands from Sanctius being his inheritance who thereupon demanded restitution both of the Castles Towns Lands and Territories taken from his Grandfather by Alphonsus his Father and from himself by Alphonsus together with the maine profit of the latter quia sine ordine judiciario ejectus est King Henry having fully heard their cases by the Advice and Assent of his Bishops Earles and Barons adjudged that both these Kings should make mutual restitution of what had been forcibly taken from either party together with the mean profits and dammages for part of them by an award and judgement under his Great Seal subscribed by all his Bishops Earles and Barons which recites super quaerelis vero praetaxatis de castellis terris cum omnibus terris pertinentis suis hinc inde violenter et injuste ablatis cum nichil contra Violentiam utrinque objectam à parte alterutra alteri responderetur nec quicquam quo minus restitutiones quas petebant faciendas essent alligaretur Plenariam utrinque parti supradictorum quae in jure petita erant fieri restitutionem adjudicabimus A clear Parliamentary resolution and judgement in point That Territories Lands Towns Castles injuriously taken by one King from another by force of armes and warre without just Title to them ought in Law and Justice to bee restored to the right heirs and owners of them and that Conquest and the longest Sword are no good Titles in Law or conscience against the right heir or inheriter which I desire those Sword-men and Lawyers who now pretend us a conquered Nation determine Conquest or the longest Sword a just Title to the Crowns Lands Revenues Offices Inheritances Houses Estates of other men now sadly to consider together with the sacred Texts Hab. 7. Micha 2.1 2 3 4 5. Job 20.10 18 19 20. Obad. 10. to 17. Ezek. ch 19. 35. Isa 33.1 1 King 21.1 to 25. Matth. 21.33 to 41. Luk. 20.14 to 17. ch 19.8
Peers by Roger Moâ—timers power and procurement Anno 18 E. 2. petitioned that he might be restored to his Fathers blood lands and goods considering the said Earl was unduly put to death being not tried by his Peers according to the Law the grand Charter But for that the said Attainder was afterwards confirmed by Parliament he amended his Petition and prayed in such wise to be restored of the Kings meer grace Whereupon he was restored to all his Fathers lands and to Arundel Castle saving to the King all such lands as were given to this Earl by King Ed. 1. whereupon he did homage to the King in Parliament and had livery of the king of all his lands per assensum of the Lords as iâ— recorded in rot Fin. An. 3 E. 3. m. 14. Claus 4 E. 3. in dorso and Claus 5 E. 3. part 1. m. 2 3. In this Parliament of 4 E. 3. n. 6. The Lords claim to be JUDGES OF THEIR PEERS IN THAT FUTURE PARLIAMENTS in cases of Treason c. And n. 1. Roger Mortimer Ear of March who had formerly condemned and beheaded other Peers without any legal trial by their Peers and deposed murdered King Edward the 2. was by divine retaliation arrested at the Parliament held at Nottingham by the Kings command then sent Prisoner to the Tower impeached attainted condemned and executed himself as a Traytor without any hearing or personal defence BY THE LORDS AND PEERS AS JUDGES OF PARLIAMENT by the Kings assent The Articles of his Treasons Felonies and other misdemeanors entre in that Parliament Roll scarce legible now were read before the Lords against him and other of his companions The Articles against him are thus related by Walsingham Causae quae imponebantur eidem proue accepimus istae fuere writes Walsingham Prima causa quod fuit consentiers morâ— Regis Edwardi in castro de Berkley Secundo impositum ei fuit quod ipse impedivit honorem Regis et regni apud Stannyparke ubi Scoti fugerunt qui capi intersici potuerunt Tertio quod ipse accepit 20 millia mercarum a Scotis illas tunc permisit evadere turpem pacem postmodum inter Scotos et Regem ju venem sieri procuravit et super hoc Chartam Regis sieri fecit eisdem Et etiam illud vile matrimonium contractum inter sororem Regis et David filium Roberti de Brus consummari consuluit procuravit Quarto quod male consumpsit totam pecuniam in the sarris patris hujus Regis et Domini Hugonis de Spencer inventum et omnia bona regni postquam Angliam regina intravit suae dispositioni subjecit ita quod ipse Regina abundabant Dominus Rex egebat Quinto quod appropriavit sibi custodias et maritagia nobiliora per totam Angliam Et quod fuit malus Consiliarius Regis Reginae matris et nimis secretus cum ea ut dâ— aliis taceamus These with other Articles mentioned in the Parliament Roll being read thereupon Les ditz COUNTZ BARONS ET PIERS COME JUGGES DU PARLIAMENT as the Parliament Roll it self recites per assent du Roy in mesme le Parliament agarderent et ajugerent que le dit Roger COME TRAYTOUR ET ENEMY du ROY et du ROYALME fuist trâ—yne et pendis Upon which sentence without being called to answer the Earl Marshal by the Kings and Lords command assisted with the Mayor and Sherifs of London and the Constable of the Tower executed him the Thursday next after the first day of the Parliament Ubi mortis excepit sententiam trastus suspensus apud Elmes super communi furca latronum as Walsingham relates The Articles of this Regicides impeachment being very memorable and somewhat larger than those in Walsingham scarce legible in the Parliament Roll of 4 E. 3. I shall here present you with together with the manner of his apprehension and judgement out of Henry de Knyghton King Edward perceiving the great malice and cruelty of Queen Isabel his Mother and Mortymer that they occasioned many seditions favoured the Scots to the great dishonour of the King and Kingdom destroyed the King her Husband Et quanta mala eorum consilio auxilio exercebantur in regno qu â—ntaque mala opera eorum somento velâ—bantur by the secret advice of his friends resolved to separate them from one another to prevent greater mischiefs Nam in tantum invalescebant in terra quod totum regnum in periclitando labi videbatur Deinde Rex tenuit CONCILILM SUUM apud Notyngham in quindena Michaelis cum pene omnibus Magnatibus regni In quo Rex saniori consilio de eorum fraude et malitia saluâ—râ—us edoctus vidensque periculum tam praeteritum quam in posterum â—am in praesenti per dictos Isabellam et le Mortymer evidenter imminens graviter in corde condolens suscepit sicque die Veneris in crastino sancti Lucae Rex cum electa comitiva in obscuro noctis perrâ—xit per quendam viam subterraneam de villa Notynghamiae usque in castellum et venit ad cameram matris suae Isabelâ—ae et invenit ibi prope eam in alia camera Rogerum de Mortymer et Episcopum Lincolniensem Henricum Et statim Rex jussit Rogerum apprehendi et in securam custodiam usque in crastinum poni In crastino fecit apprehendere omnes suos adhaerentes perâ— tam villam dispersos Et statim misit omnes Londonias videlicet le Mortymer Et duos filios ejus scilicet Galfridum Edmundum milises et Dominum Oliverum de Byngam Dominum Simonem de Berforde Et in captione Rogeri Mortymere occisus est Dominus Hugo de Tryplyngton miles et senescallus familiae regis per dictum Rogerum Mortymer in ingressu regis in camera eorum Isabella mater regis ad udicata est perdere omnes terras suas et cum difficultate evasâ—t dampnationem ad mortem eo quod er at mater regis et ob reverentiam regis dilata est sententia Et ordinatum est singulis annis caperet de cista domini regis ad sustentationem suam tria millia mercarum et maneâ—et in uno certo loco ubi rex pro ea disponere vellet Magnates regui imposuerunt contra Rogerum Mortymer Articulos sequentes Primerment que parla on ordenee fuist al parliment de Londrez proscheyne apres la coronnement nostre seignour le roy que quatres Eveskes quatre Contes et vj. Barones dustent estre pres du roy pour la conseyller issint que tote foitz quatre y fuissent Cest assavoir une Eveske une Conte et dieux Barons a meynez que nule grosse bosoigne soit faite sanz lour assent que chescuâ—e respondist dez ces fetz pur son temps la dit Roger nyent eyant regarde al dit assent accrocha a luy real pouare le governement