with our whole Power non do we nor will we permit our Lord the King though he were willing to attempt things so unusual undue and prejudicial to the Royal Dignity and this was Sealed by 104 Earls and Barons in the name of all the Commonalty of England What they affirm touching their Oaths to defend their Laws is an unquestionable truth for besides what hath been noted of this kind allready in the twenty fifth year of this King it was established by Act of Parliament 25. Ed. 1. c. 3. 42. Ed. 3. c. 1. that if any Statute were made contrary to Magna Charta or Charta de Forestis it should be holden for none and the Nobles and the great Officers were sworn to the Observation of them Yea Speed p. 583. by the Royal Command of Henry the Third Oaths were taken to tye all men to the strict Observation of them SECT IV. That we find throughout the History of our Kings that their Election or else their Compact with the People hath generally been conceived a thing proper to strengthen their Title to the Crown or at the least to satisfie their People 4ly IT may be farther worthy of our consideration that we find throughout the History of our Kings that their Election or else their Compact with the people hath generally been looked on as a thing proper to strengthen their Title to the Crown or at the least to satisfie the People For instance First Dunelm p. 195. Hoved. E. 258. Ab omnibus tam Normannorum quam Anglorum Proceribus Rex est electus Gemit de Ducibus Norm l. 6. c. 37. Walsing Hypod. Neust p. 436. Of the Conqueror S. Dunelmensis and Hoveden inform us that Foedus pepigit he made a Covenant with the people Gulielmus Gemiticensis and Walsingham say that he was chosen King by all the Nobles of England and Normandy Secondly Daniel p. 52. Polyd. Virg. Hist l. 10. p. 164. William the Second held the possession of the Crown of England by the Will of the Kingdom the Succession in Right of Primogeniture being none of his Volentibus omnium provincialium animis in Regem acceptus M. Par. p. 10. Chron. Joh. Brompt p. 983 984. The Historians say that the Nobles met in Council at Westminster and after long Consultation made him King that by the willing minds of all he was accepted for their King and the King himself declares quod ipsum in Regem creaverant that they had created him King Thirdly Henry the First was invested in the Crown by the Act of the Kingdom The Historians tell us that a Council of the whole Community rejected Robert Unanimi ascensu suo ipsum refutavêrunt pro Rege omninò recusavêrunt Henricum fratrem in Regem ere êrunt Knyght de Event Angl. p. 2374. In Regem electus est frater ejus Henricus consecratus est Rex Angl. M. Westm Hist. p. 235. In Regem electus est aliquantis tamen controversiis inter Procéres excitatis Sopitis W. Malmsb. l. 5. F. 88. J. Brompt Chron. p. 997. Walsing Hypod. Neust p. 446. Rich. Hagulst p. 310. the eldest Son of the Conqueror and would not have him for their King but with unanimous consent they advanced his Brother Henry to the Kingdom who was by all Elected and Consecrated King at Westminster after the death of William Rufus as being the first born of the Conqueror after he was King of England William of Malmsbury saith he was Consecrated within four days after his Brother's death lest the Rumour of Robert's coming to England should move the Nobles to repent of their Election Sciatis me Dei misericordia communi consilio Baronum Regni Angliae ejusdem Regni Regem esse coronatum M. Paris pag. 38. And in his Charters the King himself writes thus Know you that I was Crowned King of England by the Common Council of the Barons of the Kingdom And 't is observable that his Elder Brother Robert being absent at the Holy Wars they chose Henry King because they were affraid to be long without Government Fourthly Florence of Worcester William of Malmsbury R. Hoveden and R. Hagulstadensis do expressly say that Stephen was chosen King by the Primates of the Kingdom A Primoribus Regni cum favore Cleri Populi electus R. Hagulst p. 312. Flor. Wigorn. p. 665. Hoved. F. 215. Malm sb F. 101. B. with the favour of the Clergy and Laity and that he took upon him the Kingdom with their General consent A scensu Populi Cleri in Regem electus Malmsb Hist Nov. l. 1. F. 101. B. R. Hagulst p. 314. and his own Charters say the same thing as they had reason to do he having no Title at all but as one of the Bloud by mere Election advanced to the Crown Daniel p. 69. Fifthly Radulphus de Diceto Ab omnibus electus p. 529. Saith of Henry the Second That he was Elected by all and annointed by Theobald Arch-Bishop of Canterbury Sixthly And of Richard the First he saith Post tum Cleri Populi Solennem debitam Electionem p. 647. That being to be promoted to be King by right of Succession after the solemn and due Election both of the Clergy and Laity he took a Threefold Oath Hoveden adds that he was Consecrated and Crowned King of England F. 374. consilio assensu by the Council and assent of the Arch-Bishops Bishops Counts and Barons Seventhly P. 127. Archiepiscopus dixit quod nullus praevia ratione alij succedere habet Regnum nisi ab universitate Regni unanimiter Spiritus Sancti invocata gratia electus secundùm morum eminentiam praeelectus omnes hoc acceptabant ipsumque Comitem in Regem eligentes assumentes exclamant dicentes Vivat Rex Matth. Paris p. 138. King John received the Crown by way of Election as being chosen by the States saith Daniel Matthew Paris saith That all consented to the Speech of the Arch-Bishop that none ought to Succeed another in the Kingdom unless he were elected by the Community and thereupon they elected the Count and took him for their King Eightly In Regem eligitur p. 474. The History of Croyland saith That after the death of King John Henry his first born was elected King Ninthly Non tam jure haereditario quam unanimi assensu Procerum Magnatum Edward Franc. An. 1602. p. 95. The Succession of Edward the Second saith Walsingam Was not so much by right of Inheritance as by the unanimous consent of the Peers and great Men. Tenthly Edward the Third was elected with the Vniversal consent of the People upon his Father's Resignation Walsing Hist Angl. p. 126. Hypod. Neust p. 508.509 H. de Knyghton p. 2550. The Parliament then met at London declared by common consent That Edward the Second was unworthy of the Crown and for many Causes to be deposed and that his first born Son Edward
of that Establishment by our succeeding Kings Hist Nov. F. 186. A. 25 H. 8. c. 21. such as Malmsbury stiles our Patriae Leges and the Statute of Henry the Eighth the accustomed and ancient Laws of this Realm originally established Add to this then that Rule of Grotius Successio non est titulus Imperii qui Imperio formam assignat sed veteris continuatio jus enim ab electione coeptum familiae succedendo continuatur quare quantum prima electio tribuit tantum defert successio De jure Bell Pac. l. 1. c. 3. Sect. 10. That Succession is not a Title of Empire which gives the form to it but is only a continuation of the old Title The Right begun by the Election of the Family being continued by Succession And thence with him we may reasonably infer that Succession only brings down to Kings what the first Election gave and makes them only Kings according to the Compact and with the Conditions agreed on at the first admission of their Progenitors to the exercise of the Royal Authority SECT II. That they thought it absolutely necessary that whosoever would be their King should make this Compact with them and be as much obliged by Oath to grant these Priviledges to them as they were to swear Allegiance to him 2dly OUR Kings well knowing what a Reverence the Community had for their Laws found no better means to gain or to secure to themselves the Crown and to pacifie the discontented Parties than by fair Promises and Engagements to maintain or grant to them their Laws Cum Regni fastigia fratri suo Roberto praeriperet coepit tam per se quam per omnes quos poterat fide sacramentoque Lanfranco promittere justitiam aequitatem misericordiam se per totum Regnum si Rex foret observaturum pacem libertatem securitatem Ecclesiarum contra omnes defensurum p. 13. Eadmerus informs us concerning W. Rufus that desiring to forestall his elder Brother Robert in getting the Kingdom he pawned his Faith and Oath that if they would make him King he would in all things observe Justice Equity and Mercy throughout his Kingdom and defend the Peace Liberty and Security of the Church against all Men. When his Brother Robert was come into England to claim his right and he had many of the Nobility who favoured him and sided with him W. Rufus calls the Normans and English Nobility to London leges statuens Pag. 642. and there stablishing the Laws he marched with them against his Brother saith Florence of Worcester He bound them to him saith M. Paris faciles leges promittendo Pag. 10. by promising them easie Laws as those of King Edward were by them stiled and accounted He sweetned them saith John Brompton Pag. 984. by promising that he would establish meliores leges quas sibi vellent eligere those more acceptable Laws which they would chuse Now those we know by their request in his Fathers days were the Laws of Edward and they with the emendations of his Father were the Laws then established These Promises he very little regarded after his agreement made with his Brother Robert but falling sick at the suggestion of his Barons he again promised to God saith Radulphus de Diceto Pag. 490 491. Rectas leges statuere to stablish right Laws Henry the first his Successor in the beginning of his Reign saith * Ipfe in principio Regni sui leges justas libertates populo dedit chartâ consirmavit sigillo corroboravit p. 310. R. Hagulstadensis gave to the People their just Laws and Liberties confirming them with his Charter and his Seal Dunelmensis R. Hoveden Florence of Worcester W. of Malmesbury M. Paris and Henry of Knyghton say that on the very day of his †Qui consecrationis suae die legem Regis Edvardi omnibus in commune reddidit cum illis emendationibus quibus pater suus illam emendavit Dunelm p. 225 226. Hoveden p 1. F. 268. B. Flor. Wigorn. p. 650. W. Malmsbur F. 88. M. Paris p. 38. H. de Knyghton p. 2374. Consecration he granted to all his People the Laws of Edward with the emendations which his Father had made of them * Pag. 216. B. Chron. p. 997. Henry of Huntington and John Brompton say that having promised a desirable melioration of the Laws and Customs he was consecrated by Maurice Bishop of London M. Paris saith most expresly that †Henricus congregato Londoniis clero Angliae populo universo promisit emendationem legum quibus oppressa fuerat Anglia tempore patris sui fratris nuper defuncti ut animos omnium in sui promotionem accenderet amorem ut illum susciperent in Regem Patronum Ad haec clero respondente Magnatibus cunctis quod si animo volente ipsis vellet concedere chartâ suâ communire illas libertates consuetudines antiquas quae floruerunt in Regno tempore Sancti Regis Edwardi in ipsum consentirent in Regem unanimiter consecrarent Henrico autem hoc libenter annuente se id facturum cum juramento affirmante consecratus est in Regem apud Westmonasterium p. 38. Henry having assembled the Clergy and all the People of England that he might dispose their minds to the love and the promotion of him and the taking him for their King and Patron promised them the emendation of the Laws by which England had been oppressed in the time of his Brother and that all the Clergy and Nobility answered That if he would freely grant to them and confirm by his Charter those Liberties and ancient Customs which flourished in the time of King Edward they would unanimously consent to receive him for their King and that upon his Consent and Oath to do so he was created King at Westminster And when his Brother Robert came to challenge the Crown as his by right of Succession and the Concord made betwixt him and his Brother Rufus to animate his Subjects to stand by him he speaks thus to them * Ego vero Rex humilis pacificus vos in pace in antiquis vestris libertatibus prout crebrius jurejurando promisi gestio confovere omnia videlicet quae sanctus Rex Edvardus Deo inspirante providè sancivit inviolabiliter jubeo observari Ibid. p. 42. I your mild King am desirous to preserve you in your Ancient Liberties as I have often promised upon Oath And command all things to be inviolably observed which holy King Edward by the Inspiration of God advisedly established Steven succeeded him and he to get the Kingdom Meliorationem legum promisit juxta voluntatem arbitrium singulorum M. Paris p. 51. R. Hagulstad p. 314 315. Chron. Jo. Brompt p. 1024. Bonas leges antiquas justas consuetudines in Hundris Placitis aliis Causis observabo Rich. Hagulstad p. 314. Confirmavit Pacta quae Deo populo
next year the King by the counsels of some wicked men is wrought upon to infringe again this Charter hoping for a gift to obtain an absolution from his Oath In the next year a Parliament is called which yeilds nothing but grievous Complaints for breach of M. Charta Page 608. and Promises of supply provided it may be again confirmed and the electing the Justiciar the Chancellor and Treasurer put into their hands to which the King would not yield But though the King would not observe it M. Paris saith It was cryed in all Countries Diebus autem istis acclamatum est in comitatibus annunciatum est in Synodis in Ecclesiis ubicunque locorum homines convenerant ut M. Charta inviolabiliter teneretur quam R. Johannes concesserat iste Rex praesens multoties concessit lata est sententia solenniter in omnes ejusdem violatores Ibid. p. 609. and denounced in all Synods Churches and publick resort that M. Charta should be inviolably observed and the sentence of Excommunication is denounced against all the violaters of it In the Year 1256. Provision is again made sub paena horribilis Anathematis Page 619. under the penalty of an horrible Anathema that the M. Charta of King John should be observed In the Year 1257. The King requests an Aid for his Son Edmund for the acquiring the Kingdom of Sicily and after many excuses upon condition that the King would observe M. Charta so often promised and bought they tender 52000. Marks with which the King was not satisfied Ee tamen conditione additâ ut M. Chartam toties promissam emptam redemptam ex tunc inviolabiliter observaret c. p. 637. In the Year 1258. was held the Parliament at Oxford where the Nobles enter into an unchangeable League to require that the King should faithfully observe the Charter of King John Parliamento incipiente solidabatur Magnatum propositum consilium immutabile exigendo constantissimè ut Dominus Rex Chartam Libertatum Angliae quam Johannes Rex Anglis concessit fideliter teneat conservet exigebant insuper sibi fieri Justiciarum c. Quod Rex recognoscens graviter juravit consiliis eorum obsecundare Edvardus filius ejus eodem est juramento adstrictus p. 653. Rex coactus est corporale praestare Sacramentum cum omnibus ferè post jurantibus illud idem Hyp. Neustr p. 467. which he had so often swore to perform they require also the chief Justiciar Chancellor and Treasurer to be ordained by publick choice and the twenty four Conservators of the Kingdom to be confirmed twelve by the Election of the Lords and twelve by the King who swears to the confirmation of these things and causes the Prince to take the same Oath Walsingham adds that all after him did swear almost the same thing But notwithstanding this the King gets an absolution from his Oath of the Pope Rogabant humiliter ut communiter praestitum juramentum inviolabiliter observare vellet Contin M. par p. 567. Of this the Barons hearing humbly beseech him to perform the Oath publickly sworn but the King answering them with threats the business is deferred till the coming of Prince Edward who coming sides with the Barons according to his Oath and a League is made betwixt them to apprehend the King 's Evil Counsellors Ibid. and their Abettors and to endeavour to remove them from the King In the Year 1263. The contest betwixt the King and the Barons is referred to the mediation of the French King who annuls the provisions of Oxford but with this exception That the Ancient Charter of King John Hoc excepto quod Antiquae Chartae R. Johannis Angliae Universitati concessae per illam sententiam in nullo intendebat penitùs derogare p. 668. granted to the Community should in nothing be thereby impaired Then began the Barons Wars under Simon of Monfort who succeeded so far in them as to take the King and his Son Prisoners But afterwards the Prince escaping out of Prison fights with Simon and overthrows him at Evesham where he was slain And here it is to be observed that none of the Historians of those times will permit this Simon to be called a Rebel or a Traitor but they still represent him as a most devout servant of God and the Church Sciendum quod nemo sani capitis debet censere neque appellare Simonem nomine Proditoris non enim fuit Proditor sed Dei Ecclesiae in Anglia devotissimus Cultor fidelissimus Protector Regni Anglorum Scutum Defensor Chron. de Mailr p. 228. and a most faithfull Protector Shield and Defender of the Kingdom of England and even a Martyr for the Liberties of Church and State After the end of these Wars in the Year 1269. M. Par. Cont. p. 677. the King calls a Parliament to be hèld at Marlborough where the Statutes called the Statutes of Marlborough were Enacted Magna Charta in singulis suis Articulis teneatur tam in his quae ad Regem pertinent quà m quae ad alios Similiter Charta de Foresta in the Fifth Chapter of which it is decreed That the Great Charter and the Charter de Foresta shall be observed in all their Articles both concerning the the King and his Subjects And here Inst l. 2. p. 102. saith the Lord Coke it is to be observed that after this Parliament neither M. Charta nor Charta de Foresta was ever attempted to be impugned or questioned whereupon Peace and Tranquillity have ever since ensued Edward the First in the twenty fifth year of his Reign confirms the said Charters of the Liberties of England and of the Forest and declares they are to he holden for Common Law Confirm Chart. c. 1. requires that they should be held in every point that they should be sent under the Great Seal to all his Justices as well of the Forest as others proclaimed by the Sheriff of the County and that all Justices Sheriffs Mayors and other Ministers which under the King had the Laws to guide them should allow the said Charters in all their points which in any Plea shall come before them in Judgment and that the said Charters should be sent to all the Cathedrals within the Realm and should be read twice a year before the People Chap. 3. and that the Arch Bishops and Bishops Chap. 4. should denounce the Sentence of Excommunication against all them who in Word or Deed did act against the said Charters and these Sentences shall be pronounced and published twice in the year by the said Prelates And because in the sixth Chapter of the said Act there was added this clause Saves les auncient aides prises dues accustomes which gave some colour for the King's Officers to make an Evasion the Lords of Parliament met in the twenty eighth year of his Reign do importune the King again to