dissaisietur de aliquo libero tenemento suo vel libertatibus vel liberis consuetudinibus suis aut utlegetur aut exulet aut aliquo alio modo destituatur nec super eum ibimus nec eum in carcere mittemus nisi per legale judicium Parium suorum vel per legem terrae Nulli vendemus nulli negabimus aut differemus Rectum vel Justitiam The Barons having by their valour magnanimity industry procured these Great Charters of their liberties and of the Forest were as carefull vigilant to preserve them to punish the Violations of them and to get them reconfirmed repromulged when violated by our Kings which I shall manifest by some Records Histories not commonly known or taken notice of Rot. Pat. 17 Johannis pars 1. m. 19 21 22 23 24. Dorso and Chart. 17. Joh. Dors 27. There are sundry Patents Commissions Writs for sending the Great Charter and Charter of the Forest into every County for enquiring of all evil customs contrary to them that they might be abolished all violations of them that they might be redressed all by the Barons procurement and by agreement betwen the King and Barons whose names are there inserted Pat. 1 Hen. 3. m. 13. 15 The Great Charter by advice of the Earls and Great men is sent by King Henry the third into Ireland the exemplification whereof was sealed with the Poâ—es Legates Seal as well as the Kings and precepts are theâ—e sent to Sherifs to read it openly it being thus stiled in these Records Libertates Charta libertatum Regni nostri Angliae a patre nostro a nobis concessae so Claus 12 H. â—3 pars 1. m. 17. There is another precept for publishing and observing the Great Charter in Ireland Rot. Claus 2 H. 3. m. 6. 11. Dorso The Great Charter by special writs is commanded to be duly kept read and observed in most Counties and sent down into Yorkshire for that end by the Barons advice and procurement Pat. An. 3. H. 3. pars 2. m. 3. There is mention of Charta nostra de Libertatibus Forestae concessis probis nostris hominibus de Anglia By the Barons means and order for its observation Anno Dom. 1223. The 7th of Henry the 3 his reign This King in the Octaves of Epiphany apud Loudonias veniens cum Baronibus ad colloquium requisitus est ab Archiepiscopo Cantuariensi Magnatibus aliis ut libertares liberas consuetudines pro quibus guerra mota fuit contra patrem suum confirmaret Et sicut Archiepiscopus ostendit evidenter idem Rex diffugere non potuit quin hoc faceret cum in recessu Ludovici ab Anglia juraverat tota Nobilitas Angliae cum illo quod libertates praescriptas omnes observarent ab omnibus traderent observandas Quod audiens Gulielmus de Briwere qui unus erat ex Consiliariis Regis pro Rege respondens dixit Libertates quas petitis quia violenter extortae fuerunt non debent de jure observari Quod verbum Archiepiscopus moleste ferens increpavit eum dicens Gulielme si Regem in veritate deligeres pacem regni non impedires Videns autem Rex Archiepiscopum in ira commotum dixit Omnes libertates illas juravimus omnes astricti sumus ut quod juravimus observemus Et Rex protinus habito super hoc consilio misit literas suas ad singulos Vicecomites Regni ut per milites duodecim vel legales homines uniuscujuscunque Comitatus per sacramentum facerent inquiri quae fuerunt libertates in Anglia tempore Regis Henrici avi sui facta inquisitione Londonias mitterent ad Regem in quindecim diebus post Pascham These Writs and Letters of the King are recorded in the Tower Rot. Claus 7. Hen. 3. part 2. m. 20. dorso Commanding the liberties found and retorned to be proclaimed and observed But it seems by Dors 14. there was a countermand neither to proclaim nor observe them Whereupon the King soon after sending the Archbishop with three other Bishops into France to King Lewis to render Normandy with other lands unto King Henry according to his Oath made to him in his recess from England with the consent of all the Barons King Lewis thereunto replied that King Henry had first broken his Oath to him in this particular amongst others De Libertatibus autem regni Angliae de quibus guerra mota fuerat quae in recessu suo concessae erant AB OMNIBUS JURATAE ita actum est quod non solum illae leges pessimae ad statum pristinum sunt reductae fed illis nequiores per totam Angliam sunt generaliter constitutae nec etiam Ecclesiae sanctae Libertates quas in Coronatione sua inviolabiliter se juravit conservaturum conservat Unde qui prius pactum violavit primus injuriosus existit non ego Quod audiens Archiepiscopus Episcopi qui cum eo erant cum aliud responsum habere nequiverant confusi ad propria sunt reversi Regi Angliae quae audierant referentes In the 8 year of King Henry rhe 3. the King by reason of the insurrection of the Earl of Chester and others and the French Kings taking of Rochel from him Convenerunt ad Colloquium apud Northamptonam Rex cum Archiepiscopis Episcopis Comitibus Baronibus aliis multis de regni negotiis tractaturi c. Wherein Regi pro maximis laboribus suis expensis tam à Praelatis quam a Laicis concessum est Carucagium per totam Angliam de qualiter caruca duo solidi argenti Whereupon the King by the Barons and Nobles consent and advice as appears by Rot. Pat. 8. H. 3. pars 3. Dors 14 15. Sent Writs to sundry Sherifs and to the Bishop of Durham and his Chancellor to proclaim and observe the Great Charter of Liberties and the Charter of the Forest In the 9 year of King Henry the 3. the King holding a Parliamentary Council at Westminster demanded advice and also a fiftenth part of all the moveables of the Clergy and Laity through England for the recovery of the antient dignity rights and possessions of the Crown then lost and seised on by the French King Whereupon Archiepiscopus Concio tota Episcoporum Comitum Baronum Abbatum Priorum habita deliberatione Regi dedere responsum quod Regis petitionibus gratanter acquiscerent si illis diu petitas libertates concedere voluisset Annuit itaque Rex cupiditate ductus quod petebant Magnates Cartisque protinus conscriptis Regis sigillo munitis ad singulos Angliae Comitatus Cartae singulae dirigâ—ntur ad Provincias illas quae in Forestis sunt constitutae duae cartae sunt directae una scilicet de libertatibus communibus alter de libertatibus Forestae c. Et sic soluto Concilio delatae sunt cartae singulae ad singulos Comitatus ubi ex
if that of Ingulphus with other our Historians and some Lawyers be true which Sir Edward Cook and Mr. Selden deny that King Alfred first divided the Realm into Counties as all grant he did into Hundreds and Tithings and erected Hundred Courts wherein Knights of the Shire were alwaies yet are and ought to be elected there could be no Knights of Shires at least if any Citizens or Burgesses to serve in Parliament before this division though there were Earls Dukes Barons before his reign who were present by the Kings summons not peoples elections at our Great Councils or Parliaments as Mr. Selden and Sir Henry Spelman undeniably manifest and I have elsewhere proved at large Their sitting voting judging therefore in Great Councils Parliaments being so antient clear and unquestionable ever since their first beginning til now and the sitting of Knights Citizens Burgesses by the peoples election in our antientest Great Councils Parliaments not so clearly evident by History or Records as theirs we must needs acknowledge subscribe to this their Right and Title or else deny the Knights Citizens Burgesses rights to sit vote in our Great Councils Parliaments rather than theirs who have not so antient nor clear a Title or right as they by many hundreds of years Fourthly This Right and Privilege of theirs is vested legally in them by the very Common Law and Custom of the Realm which binds all men By the unanimous consent of all our Ancestors and all the Commons of England from age to age assembled in Parliament since they sat in any Parliaments who alwaies consented to desired and never opposed the Lords sitting voting power or Judicature in Parliament and by Magna Charta it self signed and ratified by King John wherein it is expresly granted Ad habendum COMMUNE CONCILIVM REGNI de auxiliis assidendis de Scutagiis assidendis submoneri faciemus Archiepiscopos Episcopos Abbates Comites MAJORES BARONES REGNI singulatim per Literas nostras c. And in the Great Charter of King Henry the 3. they are first mentioned and provided for Hereupon King Henry the third not long after Magna Charta was granted and at the same time it was proclamed confirmed with a most solemn Excommunication in the presence of all the Lords and Commons by all the Bishops of England against the infringers thereof summoning a Parliament at London in the year 1255. to aid him in his warrs in Apulia the Earls and Barons absolutely refused to give him any assistance or answer at all for this reason Quod omnes Barones tunc temporis non fuerunt juxta tenorem Magnae Chartae suae vocati ideo sine Paribus suis tunc absentibus nullum voluerunt tunc responsum dare vel Auxilium concedere vel praestare That ALL THE BARONS were not summoned by him to this Parliament as they ought to be according to the tenor of Magna Charta whereupon they departing in discontent and refusing to sit longer the Parliament was first adjourned and at last dissolved And upon this very ground among others the Parliament of 21 R. 2. with all the Acts and proceeding therein were totally repealed and nulled by the Parliament of 1 H. 4. because the Lords who adhered to the King were summoned by him to the Parliament and some of the opposite party imprisoned impeached unsummoned and many of the Knights of the shire were elected only by the Kings nomination and Letters to the Sherifs And the Parliament it self kept by force viris armatis et sagittariis immensis brought out of Cheshire as an extraordinary guard quartered in the Kings Court at Westminster and about Charing Crosse and the Muse of which Grafton and other Historians write thus That they fell into so great pride of the Kings favour that they accounted the King to be as their fellow and they set the Lords at nought yet few or none of them were Gentlemen but taken from the plough and Cart and other Crafts And after these rustical people had a while courted they entred into so great a boldness that they would not let neither within nor without the Court to beat and slay the Kings good Subjects to take from them their victuals and pay for them little or nothing at their pleasure as our free-quarâ—erers do now falling at last to ravish mens wives and daughters And if any man fortuned to complain of them to the King he was soon rid out of the way no man knew how or or by whom so as they did what they listed the King not caring to doe justice upon them but favouring them in their mis-doings confiding in them and their guards against any others of the kingdom which gave the Lieges of his kingdom great matter of commotion and discontent The bringing up of which guard to Westminster to force and overawe the Parliament to effect his designs is one principle Article exhibited against him by the Parliament of 1 H. 4. wherein he was forced to resign his Crown and then deposed I pray God our new armed Guard and Courtiers at Whitehall and the Muse of as mean condition as those fall not by degrees to the self-same exorbitances contempt of the King Lords Parliament and oppression of the people to their general mutining and discontent In the Parliaments of 6 E. 3. N. 1. Parl. 2 N. 5.6 8 9 8 E. 3. N. 5. 15 E. 3. N. 4. 17 E. 3. N. 2. 20 E. 3. N. 5. 21 E. 3. N. 4. 22 E. 3. N. 1. 25 E. 3. N. 1. 29 E. 3. N. 4. 30 E. 3. N. 1. 37 E. 3. N. 1. 42 E. 3. N. 1. 50 E. 3. N. 1. 51 E. 3. N. 3. 1 R. 2. N. 1. 2 R. 2. N. 1. 3 R. 2. N. 1. 4 R. 2. N. 1. 5 R. 2. N. 65. 6 R. 2. N. 6. 7 R. 2. N. 1. 9 R. 2. N. 1. 8 H. 4. N. 54. We find in these Parliament Rolls that these Parliaments have been usualy prorogued adjourned from the days they were summoned to meet and have not saie nor acted at all because sundry of the Lords some Commons were not come but absent by reason of foul weather shortness of warning or other publique imployments all their personal presence in Parliament being reputed necessary and expedient And 20 R. 2. N. 8. The Commons themselves in Parliament required the King to send for such Bishops and Lords who were absent to come to tho Parliament before they would consult upon what the Chancellor propounded to them in the Kings name and behalf to consider of To recite no more antient presidents In the Parliament of 2 Caroll the Earl of Arundel not sitting in the Parliament being after his summons committed by the King to the Tower of London about his Sons mariage May 25. 1626. without the Lords privity and consent whereby their privileges were infringed and the House deprived of one of their Members presence thereupon the House of
proximam post Ascentionem multiplicabantur contra Regem variae diatim querimoniae eo quod promissa sua non observabat contemnens claves Ecclesiae ET CHARTAE SUAE MAGNAE TOTIES REDEMPTAE TENOREM Fratres quoque suos uterinos intollerabiliter contra jus regni et legem ut naturales terrae erexit nec sinebat aliquod brâ—ve exire de Cancellaria contra eos c. REDARGUâ—US EST INSUPER REX quod omnes alienos promovet et locupletat et suos in subversionem totius Regni despicet et depraedatur Et ipse tam egenus est cum alii abundent quod thesauri expers jura Regni nequit revocare imo nec Wallensium quae sunt hominum quisquiliae injurias propulsare et ut brevibus concludatur Excessus Regis tractatus exigit speciales Rex autem ad se reversus cum veritatem redargutionis intellexisset licet sero humiliavit se asserens iniquo consilio saepius suisse fascinatum promisitque sub magni juramenti obtestatione super altare et feretrum S. Edwardi quod pristinos errores planè et plenè corrigens suis naturalibus benigne obsecundaret Sed crebras transgressiones praecedentes se penitus incredibilem reddiderunt quia nesciebant adhuc Magnates quomodo suum Prothea tenere voluissent quia arduum erat negoâ—ium et difficile dilatum est Parliamentum usque ad festum Sancti Barnabae apud Oxoniam diligenter celebrandum Interim Optimates Angliae utpote Gloverniae Legrecestriae et Herefordiae comites Comes Marescallus et alii praeclari viri sibi praecaventes providentes confaederati sunt quia pedicas et laqueos alienorum vehementer formidabant et Regis retiacula suspecta nimis habuerant veniebant cum equitibus et armatis et comitatu copioso communitâ— Parlamento autem Oxoniae incipiente solidabatur Magnatum et consilium immutabile exigendo constantissime UT DOMINUS REX CHARTAM LIBERTATUM ANGLIAE quam Johannis Râ—x pater suus Anglis confecit confectam concessit quamque idem Johannes renere juravit FIRMITER TENE AT ET CONSERVET quamque idem Rex Henricus multoties concesserat et tenere juraverat ejusque infractores ab omnibus Angliae Episcopis in praesentia sua et totius Baronagii horribiliter â—ecit excommunicare ipse unus fuerat excommunicantium Exigebant insuper sibi fieri Justiciarium qui justitiam faceret injuriam patientibus aequanimiter divitibus et pauperibus Quaedam etiam alia Regnum contingentia petebant ad communem Regis regni utilitatem pacem simul honestatem Quorum consiliis et provisionibus necessariiâ— Dominum Regem frequenter et constantissime consulendo rogitabant obtemperare jurantes fide mediante et mutuo dextras exhibentes quod non omitterent propositum persequi pro pecuniae vel terrarum amissione vel etiam pro vita et morte sua et suorum Quod Rex recognoscens graviter juravit consiliis eorum obsecundare et Edwardus filius ejus eodem est juramento astrictus After which they expelled and chased away all the Aliens about the King Et ita terminatur Parliamentum apud Oxoniam fine terminato et certo non opposito Hereupon there issued out sundry Writs and Commissions for reformation of abuses and punishing offences against the Great Charter recorded in Rot. Claus 42 H. 3. m. 1. 3.6 and that PER CONSILIVM MAGNATUM as those Records attest Rot. Pat. An. 43 H. 3. m. 10. n. 41. n. 15. there is a large Letters Patents of the King recorded in French declaring the good Government that should be for the future the due observation of Magna Charta the Kings faithful promise inviolably to keep the same according to his Oath and promises and that every man injured might freely sue and complain against or arrest the King or any other And Rot. Pat. An. 44 H. 3 m. 4. Schedula m. 5.9 There are Writs and Letters of the King to the Sherifs of every County to the same or like effect All by the advice or procurement of the Nobles Anno 1263. the 47. of King Henryes reign the King and Nobles to procure peace and reconciliation between them submitted themselves to the arbitrement of Lewes King of France touching the Provisions made at Oxford about which they had great contests and differences who solemnly pronounced Sentence for the King against the Barons of England Statuâ—is Oxoniae Provisionibus Ordinationibus et obligationibus penitus annullatis Hoc excepto quod Antiquae Chartae Regis Iohannis Angliae universitati concessae per illam Sententiam in nullo intendebat penitus derogare Quae quidem exceptio Comitem Leicestriae et caeteris qui habeant sensus exercitatos compulit in proposito tenere firmiter Statuta Oxoniae quae fundata fuerant super illam Chartam Where upon they taking up arms wasting and pillaging the Kings Manors Lands and adherents the King in the 48. year of his reign mediantibus viris honoratis paci Baronum acquievit ad tempus ut Provisiones Oxoniae inviolabiliter observarentur which Provisions the King confirmed by his Patents recorded at large in the Tower Rot. Pat. An. 47 H. 3 pars 1. m. 7. n. 25. and pars 2. nu 2. Rot. Pat. 48 H. 3. pars 2. m. 3. Rot. Pat. 46 H. 3. m. 18. Pat. 49 H. 3. m. 10.15 18. Claus 49 H. 3. m. 4.5 Claus 50 H. 3. m. 1. dorso There are several Patents Commissions Proclamations procured by the Lords from the King for the reading proclaming and inviolable keeping of the Great Charter and Franchises of the Realm and reformation of Grievances contrary thereunto overtedious to transcribe and the Agreements between rhe King and Barons touching the same King Edward the 1. in the 25. year of his reign by his own regal Authority without grant in Parliament raised the Custom of Woolls to 40 s. upon every sack which he levied whereas before they payed onely half a mark a sack And likewise summoned some Nobles and all those who held of him by Knights service with all others who had lands to the value of 20 l. or upwards a year to be ready with rheir horses and arms at London on the feast of S Peters ad Vincula to pass over with him into Flanders to serve there in the Wars at the Kings wages Hereupon the Earles Marshal and of Hereford with other Nobles refused to goe inâ—o Flanders and drew up this Notable Petition or rather Remonstrance to the King against this unjust Imposition forein service and other Grievances against the Great Charter and their Liberties which they sent to Winchelsey by Messengers ex parte Comitum sui regni as Walsingham relates Haec sunt nocumenta quae Archiepiscopi Episcopi Abbates et Priores Comites et Barones et tota terrae Communitas monstrant Domino nostro Regi et humiliter rogant eum ut ad honorem suum
59. The same year Majores natu Angliae et Magnates terrae congregavit Londonii by whose advice hâ— maried Mawde daughter of the King of Scots right heir to the crown of the Saxon line and anointed and crowned her Queen there being a great debate whether she might lawfully marry having worn a veil â—n a Monasteâ—y whiles she was young which was resolved in a Council at Lambeth where Episcopi Abbates Nobiles quique ac religiosi ordinis viri were aâ—embled â—o deâ—cide iâ— who upon debate resolved she might lawfully marry as Eadmerus records at large The next year Anno 1001. Duke Robert returning from the holy Land and laying claim to the Crown of England as right heir and eldest Brother thereupon King Henry PRINCIPES suspectos habentes ne à se instabili ut sit fide dissilirent and they suspecting him ne undique pace potitu in se legibus efferatis desaeviret actum ex consulto est ut certitudo talis exinde fieret quae utrinque quod verebatur excluderet Sed ubi ad sponsionem fidei ventum est TOTA REGNI NOBILITAS assembled in a Parliamentary Council cum populi numerositate who depended on their advice Anselmum inter se regem medium fecerunt quanta ei vice sui manu in manum porrecta promitteret Iustis et Sanctis Legibus se totum regnum quoâ—d viveret in cunctis administraturum After which when as upon the report of Duke Roberts arival Statim MAJORES REGNI quasi suae sponsionis immemores ad illum relicto Rege semet transferre parabant Whereupon Anselm AD UNATIS PRINCIPIBUS CUNCTIS shewed to them and after that to the whole multitude of the Army who came about them quam execrabiles Deo et omni bono homini forem qui fidem quam Principi suo debebant quoquo modo â—iolarent Whereupon cuncti ilico spretâ vita non sequius eligerent morte procumbere quam violata fide sua Regem seducere After which PRINCIPES utrinque fratrum non ferentes dissidium colloquium inierunt pio circumspâ—cto consilio MVTUUM ET GENERALE and by the Mediation of the NOBLES on both sides an accord was made between the King and his Brother Robert propter manifestum jus quod habuit ad regnum possidendum that Robert should receive 3000 marks yearly from England and that the longest liver of them should be heir to the other if he died without issue male Hoc autem PER 12 MAGNATES juratum fuit utrinque Anno 1202. there fell out a difference between the King and Anselm touching investitures of Bishops Anselm refusing to consecrate any Bishop Abbot or Clerk who received investitures from the King or the hand of any Layman being against the Decree of the General Council of Rome whereupon the King sent for him to his Court where this business was at large debated EPISCOPIS REGNI PROCERIBUS QUE verba hinc inde ferentibus in singulis Regiae voluntati parere certantibus imo ne Romanae Pontificis obedientiae subderetur summopere â—insistentibus Not long after the King by other Letters summons Anselm to appear at Winchester to compose this difference Ubi EPISCOPIS TERRAE QUE PRINCIPIBVS sub uno coactis COMMUNI ASSENSU apud Anselmum actum est Nuncii prioribus excellentiores ex utraque parte Romam mitterentur Romano Pontifici viva voce exposituri illum aut à sententia decessurum aut Anselmo cum suis extra Angliam pulso totius regni subjectionem et commodum quod inâ—e singulis annis habere solebat perditurum Which being accordingly pursued and faventibus simul et incitantibus Regem Episcopis regnique Proceribus he commanded Anselm to promise to doe him homage and consecrated all those to whom he had given investitures without retractation The same year 1102. Celebâ—atum est generale Concilium Episcoporum et Abbatum totius Regni at St. Peters Church on the West side of Loâ—don rege annuente huic conventui affuerunt Anselmo Archiepiscopo petente a Rege Primates Regni quatenus qui qu dâ—ejusdem Concilii authoritate â—ecernectur utriusque ordinis concordi cura et sollicitudine ratum servaretur Sic enim necesse erat c. In which Council there were many Laws and Canons made for regulating the Church Monks and Clergy communi consensu Episcoporum et Abbatum et Principum totius Regni Principes Regni omnes tam Ecclesiastici quam secularis ordinis being present at it as the marginal Authors attest but no Commons Knights or Burgesses Not long after the same year Anselm peremptorily refusing to consecrate those Bishops whom the King invested with a pastoral Staff and Ring and some of them resigning them as unlawfull and publikely refusing to be consecrated by such an investiture from the king to his great dishonour and prejudice of his royal right and prerogative the king thereupon repaired to Canterbury where Anselm and he had a sharp contest At last he requested An elm to goe in person to Rome to procure the Pope to reverse his decree against investitures ne ipse perdendo suorum jura Antecessorum eis vilior fiat who desired that this businesse might be deferred till Easter ut audito Episcoporum Regnique Primatum Consilio qui modo non assunt respondeam hinc Which being granted Anselmus in Pascha Curiam venit regni ingenuitatem de negotio praesens consuluit COMMUNIS CONCILII Vocem unam accepit so Eadmerus Convenitur a Rege EPISCOPIS ET MAGNATIBUS so Malmesbury relates it ut ipse Romam dignatur proficisci quod alii minus egerant sua praesentia suppleturus who thereupon consented to goe NE CUCTORUM VOLUNTATI DEESSET Mat. Paris Matthew Westminster and others write that he was then banished out of England for his obstinacy Regis injusto judicio and all his temporalties seised which Eadmerus and others write was not done nor executed till after the Popes Decree against the Right of investitures passed against the King and Anselms departure from Rome towards England when the King prohibited him to return into England unless he would submit to doe him homage and consecrate Bishops by his investiture as all our Historians accord Anno 1106. Duke Robert coming to his Brother King Henry the 1. into England to Northampton to deâ—ire him to restore his Brotherly affection to him whereof he had deprived him but could not obtain it Rex itaque Henricus sentiens conscientiam suam in obtentu regni cauteriatam erat quippe eleganter literatus utpote a primaeva aetate praecepto patris addictus literis jam in jure quod audierat secreto expeditus coepit in semetipso impetus insurgentium formidare Dei judicium in ipsum fulminare eo quod fratri suo primogenito cui jus regni manifeste competebat temere usurpando injuste nimis abstulerat Sed plus timens
homines quam Deum regni Nobiles primo subdolis pollicitis inclinando conciliavit cogitans postea per fundationem Abbatiae quam construere proposnerat de tanta injuria Deo satisfacere Magnatibus igitur Regni ob hoc Londonium edicto Regio convocatis Rex talibus alloquiis super mel favum oleumque mellitis et mollitis blandiens dixit Amici fideles mei indigenae ac naturales nostis veraci fama reference qualiter frater meus Robertus electus per Deum vocatus est ad regnum Hierosolymitanum foeliciter gubernandum quam frontose illud infoelicirer refutaverit merito propterea a Deo reprobandus Nostis etiam in multis aliis superbiam ferocitatem illius quia Vir bellicosus pacis impatiens est vosque scientet quasi contemptibiles quos desides vocat gluttones conculcare desiderat Ego vero Rex humilis pacificus vos in pace in antiquis vestris libertatibus prout crebrius jurejurando promisi gestio confovere vestris inclinando consiliis consultius ac mitius more mansueti principis sapienter gubernare super his si provideritis scripta subarata roborare iteratis juramentis praedicta certissime confirmare omnia videlicet quae sanctus Rex Edwardus Deo inspirante provide sancivit inviolabiliter jubeo observari Ut mecum fideliter stantes fratris mei imo et mei totius regni Angliae hostis cruentissimi injurias potenâ—er animose voluntarie propulsetis Si enim fortitudine Anglorum roborer innanes Normannorum minas nequaquam censeo formidandas Talibus igitur promissis quae tamen in fine impudenter violavit omnium corda sibi inclinavit ut pro ipso contra quemlibet usque ad capitis expositionem dimicarent This Duke thereupon departing into Nâ—rmandy was followed thither by King Henry who there taking him together with the Earl of Morton and other Nobles Prisoners brought them over to England where they were adjudged to perpepetual prison by the BARONS and Duke Robert to be put to death as Henry de Knyghton thus relates Robertus vero captus pudorosae et immani morti adjudicatus est Henricus vero frater ejus non sustinens ignominiam tantam protendere in sanguine suo institit er go BARONES suos who passed a sentence on him in a Parliamentary Council ET IMPETRAVIT AB EIS quod praedictus Robertus debet exoculari exâ—â—cari cum bacillo ardenti Sicque apud Lincolniam perpetuo carceri mancipatus Anno 1107. The King and Anselm by the Popes mediation and others coming to an accord Hereupon the King returning into England advenatis ad Curiam ejus in Pascha Terrae Principibus dilata est Ecclesiarum ordinatio quam Rex se facturum disposuerat by reason of the Popes coming into France to the Council of Trecis But afterwards in August Factus est Conventus Episcoporum et Abbatum pariter Magnatum or Procerum Regni Londoniâ—s in Palati◠〈◊〉 where per consilium Anselmi Procerum Regni annuit Rex statuit this accord and Decree was made ut ab eo tempore in reliquum nunquam per donationem baculi Pastoralis vel annuli quisquam de Episcopatu vel Abbatia per Regem vel quamlibet Lâ—icam personam investiretur in Anglia Concedente etiam Archiepiscopo ut nullus ad Praelationem electus pro homagio quod Regi faceret consecratione suscepti honoris privaretur which being concluded Coepit Anselmus coram Rege Regnique Episcopis atque Principibus exigere a Gerardo Archiepiscopo Eboracensi professionem de sua obedieutia subjectione quam non fecerat ex quo de Episcopatu Herefordensi ad Achiepiscopatum Eboracensem translatus fuerat Ad quae cum Rex ipsâ— diceret sibi quidem non videre necesse ut professioni quam ordinationis suae tempore Gerardus fecerat aliam superadderet praesertim cum licet Ecclesiam mutaverit idem tamen qui fuerat in persona remansit nec a prima professione absoluâ—us extiterit Anselmus in praesenti quidem Regiis verbis adquievit ea conditione ut Gerardus in manum sibi daret se eandem subjectionem in Archiepiscopatu ei servaturum quam in Episcopatu professus fuerat Which Gerardus aâ—enting to and presently performing before them Exin STATUTUM EST ut qui ad Episcopatum electi erant Cantuariam iâ—eâ—t ibi dignitatis ipsius benedictionem ex more susciperent In the year 1108. King Henry in the Feast of Pentecost advenatis ad Curiam suam apud Londoniam cunctis Magnatibus Regni cum Anselmo Archiepiscopo et caeteris Episcopis Angliae tractavit concerning the chastity and against the mariage of Priests and Clergy-menâ— concerning which several Laws and Canons were then made and published with other good secular Lawes against theeves clipping and falsifying of money c. which were thus praefaced Haec sunt Statuta c. quae statuerunt Anselmus Cantuariensis Archiepiscopus Thomas Eboracensis Archieriscopus electus cum eo Omnesque alii Angliae Episcopi in praesentia gloriosi Regis Henrici Assensu Comitum et Baronum suorum statutum est c. Anno 1109. there arising a difference between Anselm and Thomas the elect Archbishop of York about his consecration and subjection to Anselm thereupon Anselm calling the rest of the Bishops to him by their advice summoned him by 2. Bishops to come to Canterbury there to receive his consecration and to make such subjection to him as he required unless he could prove he ought to be exempted from it Whereupon the King sent a Writ to Anselm under his Seal to adjourn the difference between Thomas and him till Easter EGO enim si infra praedictum â—terminum in Angliam rediero Consilio Episcoporum et Baronum meorum vos juste honorifice inde concorcabo c. Upon which Anselm returned this peremptory answer not to Thomas but to the King himself De induciis autem quas Thomae Ebor Archiepisc dare mandaverat pro certo scirer quod prius pateretur totus membratim dissecari quam de negotio in quo illum contra antiquas sanctorum Patrum sanctiones se injuste adversus Deum erexisse sciebat vel ad horam illas aliquando daret And writ a peremptory Letter to Thomas not to presume to intermeddle in any kind in the exercise of his pastoral cure until he had desisted from his rebellion against the See of Canterbury and done that subjection to himself which his predecessors Thomas and Gerard had formerly made out of the antient custom of their antecessors charging him without such a profession of subjection never to receive consecration to that See under pain of an Anathema and interdicting all the Bishops of England under pain of Excommunication not to consecrate him nor yet to have any Christian communion with him if consecrated by any foraign Bishops Soon after which Letter Anselm
suas By this notable president it is most apparent That the Peers and Barons in Parliament were then the sole and only Judges and gave judgement in it That Peers in the Confessors reign and before were only to be tried judged by their Peers and that their Judgement and resolution was binding even to the King himself who ought to assent to and confirm their judgements given in his own Appeal and particular cases In the year of our Lord 1051. this Earl Godwin refusing to execute King Edwards unjust command to fall with his Army upon the Inhabitants of Dover upon the complaint of Eustace Earl of Boloigne whose men they slew in an affray raised by their own insolency and abuse conceiving it to be unjust to condemn and execute them before a Legal hearing trial and conviction upon a meer accusation thereupon Eustace and the Normans accused Godwin and his two sons Harold and Swain to the King that they disobeyed and went about to betray him Wherefore TOTIUS REGNI PROCERES all the Nobles of the Realm were commanded to meet together at Glocester that the business might be there debated in a Great Parliamentary Assembly Syward Earl of Northumberland Leofriâ— Earl of Mercia and all the Nobility of England there meeting upon this occasion Godwin and his two sons only absented themselves thinking it not safe to come thither without a strong armed guard upon this they raised a great Army under a pretence to curb the Welshmen marching with their forces into Glocestershire as farr as Beverston Castle Whence he sent a Message to the King to deliver up to him Earl Eustace with his Companions and the Normans and Bononians who kept Dover Castle else he would denounce war against him The King having raised a powerfull Army returned him this answer That he would not deliver them up to him withall commanding him and his Sons to come unto him on a set day to answer his raising of an Army against him and disturbing the Peace of the Realm without his license and to submit himself to the Law for the same At last to prevent a bloudy battel by the mediation of the Nobles of England engaged on both parties in this quarrel it was agreed that hostages should be given on both sides and that the King and Godwin should meet in another Parliamentary Council at London on a certain day to plead one with another where such a Council or Parliament as our English later Historians stile it being assembled Godwin and his sons were summoned to appear therein only with 12 men to attend them which they thinking both unsafe and dishonourable to them refused to appear without hostages and pledges also given for their safety refusing to surrender their Knights fees to him the King for their contempt to appear and justifie themselves in his Court of Parliament thereupon in suo Concilio communi Curiae suae judicio by the Common Council and Judgement of his Court of Parliament banished Godwin and his 5. Sons out of England and a Decree was published that they should depart wâ—thin 5. days out of England Which Judgement and Outlawry against them was given in Parliamento pleno as Radulphus Cistrensis in his Polyâ—hâ—onicon Henry de Knyghton de Eventibus Angliae l. 1. c. 11. and other Historians inform us Godwin and his Sons hereupon departing the Realm infested it both by Sea and Land till at last raising a potent Navy and Army to prevent further danger and effusion of blood the King by the COUNCIL OF HIS NOBLES assembled for that purpose reversed the unjust Judgements given against them restored them to their Lands Honors Powers and banished those Aliens who gave the King ill Counsel and incensed him against Godwin and the English King Edward Anno 1055. Habito Londini Concilio holding a Parliamentary Council with his Prelates and Nobles at London banished Algarus Son of Leofric Earl of Mercia out of the Realm Quia de Proditione Regis in CONCILIO CONVICTUS fuerat because he was convicted in the Council of Treason against the King as some Historians write yet Florentius Wigorniensis Simeon Dunelmensis Hoveden Henry de Knyghton and others affirm that he was banished sine culpa without any crime at all whereupon he coming with 18 ships out of Ireland joyned with Griffin King of Wales raised a great Army and invaded England whereupon by agreement he was restored by the King to his Earldom After which Anno 1058. he was banished the second time and by thâ— ayd and assiâ—tance of Grâ—ffin restored again to his Earldom whereof he was unjustly deprived In the year 1074. Waltheof Earl of Northumberland with sundry other Earls Bishops and Abbots and other Engâ—ishmen meeting together at the mariage of Earl Ralph to the daughter of William Fitz Oâ—bert conspired together against King William the first then in Normandy to expell him out of his kingdom reputing it a great dishonour that an illegitimate Bastard should rule over them for which purpose they raised forces and confederated themselves with the Danes and Welshmen But being resisted by the Kings party and routed thereupon the King posting into England imprisoned Roger Earl of Hereford and Earl Waltheof though he revealed the whole conspiracy to Archbishop Lanfranke and submitted himself to the King before it brake out by which means it was timely suppresed The King the next Nativity of our Saviour following CURIAM SUAM TENUIT held his Court of Parliament at Westminster wherein Ex eis qui contra eum cervicem suam erexerant de Anglia quosdam exlegavit quosdam eruâ—is oculis vel manibus truncatis deturbavit Comites vero Waltâ—eolfum Rogerum JUDICI ALI SENTENTIA DAMNATOS arctiori custodiae mancipavit and the next year 1075. Comes Waltheofus juâ—su Regis Willielmi extra Civitatem Wintoniae ductus est indigne et crudeliter securi decapitatur et in eodem loco terra obruitur et in bivio sepelitur Sir Edward Cook in his 2. Institutes p. 50. affirms that this Roger Earl of Hereford was tried BY HIS PEERS and found guilty of this Treason PER JUDICIUM PARIUM SUORVM who was thereupon imprisoned all the days of his life If then this Court thus held was a Parliament and those Earls there tried and found guilty of Treason in it by their Peers even under the Conqueror himself it is a most pregnant Authority to prove that Peers are triable only by their Peers in Parliament that they are the only Judges in Parliament in cases of Treason and did then give sentence of banishment and pulling out the eyes and cutting off the hands of Traytors of inferiour condition as well as sentence of death decapitation and perpetual imprisonment against those two Earls Anno 1070. There was a GREAT COUNCIL held at Winchester jubente praesente Rege Gulielmo wherein Siâ—ganâ— Archbishop of Canterbury his Brother Bishop Agelmar and lundry Abbots were degraded for many pretended rather than
kingdom being ad omne scelus paratus Anno Dom. 1102. There was a GENERAL Council held in the Church of St. Peters in Westminster on the Westside of London Communi assensu Episcoporum et Abbatum et Principum totius regni huic conventui affuerunt Anselmo Archiepiscopo petente a Rege PRIMATES REGNI quatenus quicquid ejusdem Concilii auctoritate dâ—cerneretur VTRIUSQUE ORDINIS concordi cura sollicitudine tatum servaretur sic enim necesse erat Iâ— this Council the Sin of Symony was first of all condemned by the authority of the holy Fathers and Wido Abbot of Pescore Wimundus of Tavestock and Baldwin of Ramsy Godric of Burgh Haymo of Cernel Egelric of Midleton being therein convicted of Simony were removed and deposed for it by this Council and Richard Abbot of Ely Robert of St Edmonds and the Abbot of Miscelen deposed for other particular crimes and offenceâ— Aâ—oâ— which the King being much incensed against Anselm and other Bishops for refusing to consecrate those Bishops whom the King invested with a staff and ring the King and Anselm having a hot contest about it at Canterbury Ne ipse perdendo suorum jura Anâ—ecessorum ipsis vilior esset Anselm requested the King â— deferr â—he business till Easter ut audâ—to Episcoporum Regniâ—ue Primatum Concilio qui modo non assunt respondeâ—m hiâ— which the â—ing consenting to at Easter communis Concilit vocem unam accepit that he should goe to Rome to the Pope to procure a repeal of the Canon made against investiâ—ures and that as the Kings Embassador Regis preces Regnique negotia Apostolicis auribus expositurus Anselm undertaking the journey to Rome like an Arch-Traytor so incensed the Pope against investitures and the King That William Warenast the kings Embassador telling him Hâ— knâ—w the King would rather lose his Crown than this Privilege of Investitures The Pope thereto replyed Yea let him lose his head also if he will whilst I live he shall never appoint any Bishop in his Realm but I will resist hâ—m what I may The King hereupon by the advise of his Nobles prohibited Anselm to return into England and seised all his Temporalties and â—oods moveable and unmoveable into his hands keeping him in exile for 9 years space after which he was conditionally restored at the mediation of the Kings Sister Adela Anno 1106. Robert Duke of Normandy was first adjudged to a shamefull cruel death and after that to have his eyes pulled out and he kept perpetual Prisoner and Earl Morton with others adjudged to perpetual prison BY THE PEERS for taking up arms against King Henry the 1. King Stephen having against his own the Bishops and Nobles Oaths to King Henry and Maude usurped the Crown Anno 1199. There were divers rumours spread abroad that Robert Earl of Normandy and Mawde would invade England and that Roger Bishop of Salisbury and Alexander his Nephew Bishop of Lincoln who were very powerfull wealthy and had built fortified and furnished divers strong and stately Castles would upon the Empress landing surrender them to her and revolt from Stephen to her party Paternorum scilicet beneficiorum memoria inducti being both advanced and inriched by her father Whereupon the Nobles oft times wished Stephen to compell them speedily to resign their Castles to him least he repented too late for not doing it when they were in the Enemies power Thereupon the King on the 8 of July apud Oxenford FACTO CONVENTU MAGNATUM summoned both these Bishops to this Parliamentary Assembly to which Bishop Roger was very unwilling to come having a great reluctancy in his mind against it whereupon he excused his coming by reason of his age and infirmity but that would not be admitted come he must and did When these Bishops came to Oxford there fell out a sudden quarrel between the servants of the Bishops and the servants of Alan Earl of Britain as they sate together at the Table the Bishops men quarrelling with the Earls and falling first a fighting with one another with their fists and at last with their swords a sore fray was made divers being wounded on either side and one slain the Earls servants being put to slight by the Bishops The K. taking this occasion Conveniri jussit Episcopis ut Curiae suae satisfacerent de hoc quod homines eorum pacem ipsius exturbassent Modus fatisfactionis foret ut claves castellorum suorum quasi fidei vadis traderent The Bishops said they were ready to give the King satisfaction but delaying the surrendring of their Castles he commanded them to be more strictly watched lest they should depart and the king carrying the Bishop of Salisbury with him besieged his Castles till they were surrendred to him by composition This act of the king was variously interpreted and very iâ—l resented by all the Bishops who thereupon revolted from him first in their affections and then by their actions to Mande when she arived and elected declared her right heir to the Crown Henry Bishop of Winchester the Popes Legat though King Stephens own Brother publikely to the Kings face as well as privately affirmed Si Episâ—opi tramitem Justitiae in aliquo transgrederentur non esse Regis sed Canonum judicium sine publico et Ecclesiastico Concilio illos nulla possessione privare debuisse Regem id non ex rectitudinis zelo sed commodi sui compendio fecisse qui Castella non Ecclesiis ex quarum sumptibus et in quarum terris constructa erat reddiderâ—t sed Laicis eisdemque parum religiosis contradiderit c. Quapropter vigorem Canonum experiendum ratus CONCILIIO quod quarto Calend Septembris celebraturus erat Wintoniae fratrem Stephanum incunctanter adesse praecepit Dicto die omnes fere Episcopi Angliae cum Theobaldo ARCHIEPISCOPO Cantuariensis venerunt Wintoniam In which Councâ—l the Bp. of Winchester first reading his Legats Commission in England granted him by the Pope and then relating the great indignity done by King Stephen to those Bishops by imprisoning their persons and seising their Castles against the Canons demanded the Archbishops and Bishops advice what to do therein concluding Se ad executionem Concilii nec pro Regis amicitia qui sibi frater erat nec pro damno possessionum nec etiam pro capitis periculo defuturum Rex causae suae non diffâ—sus Comites in Concilium misit quaerens cur vocatus esset Responsum est à Legato in compendio Non debere illum qui se Christi fidei subjectum meminisset indignari si à ministris Christi ad satisfactioneÌ„ vocatus esset tanti reatus conscius quantum nostra secula nunquam vidissent c. Consulte vero in praesentiarum Rex faceret si rationem facti sui redderet vel Canonicum judicium subiret Ex debito etiam oportere ut Ecclesiae faveret cujus sinu exceptus non manu militum in regnum promotus fuisset
committed to the Tower of London The 7 day of February the Commons by William Trussel their Speaker brought up and presented to the King and Lords in the Lords House a Bill against the said Duke containing an impeachment of several High Treasons committed by him against the King requiring of the Lords all their Articles therein to be enacted with prosecution therein The 9. of March they exhibited new articles of complaint against the Duke comprising sundry misdemeanors against the king and other persons which they require might be enrolled and that the Duke might answer to them The 9. of March the Duke was brought by the kings writ from the Tower into the Parliament Chamber before the King and Lords where the Articles were rehearsed to him who desired Copies of them which was granted And he for more ready answer was committed to certain Esquires to be kept in the Tower within the kings palace The 14 of March the Duke appeared before the K. Lords where on his knees he denied as untrue the 8 Articles of Treason and the same offered to prove as the King shall appoint The Chief Justice thereupon by the kings command asked this Question of the Lords what advise they would give the King what is to do further in this matter which advise was deferred till Monday then next following whereon nothing was done in that matter On Tuesday the 17 of March the king sent for all the Lords Spiritual and Temporal then being in Town being 24 in all into his Inner Chamber within his Palace of Westminster where when they were all assembled he then sent for the Duke thither who coming into the Kings presence kneeled down and continued kneeling till the Chancellor of England had delivered the kings command to him and demanded of him what he said to the Commons Articles not having put himself upon his Peerage Whereupon the Duke denied all the Articles touching the kings Person and state of the Realm as false and scandalous And so not departing from his said Answers submitted himself to the kings Rule and Governance without putting himself upon his Peerage Where thus the Chancellor told him That as touching the great and horrible crimes contained in the first Bill the king holdeth him neither declared nor charged And as touching the second Bill containing misprisions which are not criminal the king by force of his submission by his own advice and not reporting him to the advice of the Lords nor by way of judgement for he is not in place of judgement putteth you to his Rule and Governance that before the first of May next coming he should absent himself out of the kingdom of England and all other his Dominions in France or elsewhere and that he nor no man for him should shew or wait any malice nor hate to any person of what degree soever of the Commons in the Parliament in no manner of wise for any thing done to him in this Parliament or elsewhere And forthwith Viscount Beaumont in behalf of the said LORDS both spiritual and Temporal and by their advice assent and desire said and declared to the Kings Highness That this that so was decreed and done by his Excellency concerning the person of the said Duke proceeded not by their advice and Counsels but was done by the Kings own demeanoir and rule Wherefore they besought the King that this their saying might be enacted in the Parliament Roll for their more declaration hereafter with this protestation that it should not be nor turn in prejudice nor derogation of them their heirs ne of their successors in time coming but that they may have and enjoy their liberty as they or any of their Ancestors and Predecessors had and enjoyed before this time This is the sum of this large Record which makes nothing to the purpose for which Sir Edward Cook cites it in his 4 Institutes p. 25. That it is ERROR when both Houses joyn not in the Judgement For first here is nothing but an impeachment only by the Commons of a Peer who ought to be tryed judged only by his Peers not by Commoners Secondly there was no judgement given in Parliament in this case but only a private Award made by the King out of the Parliament House in his own Chamber in presence of the Lords Thirdly the Lords entred a special protestation against it as not made by their advice or consent Fourthly they enter a special claim in the Parliament Roll for the preservation of their Right and Freedom of Peerage for hereafter both of being tried and judged only by their Peers in Parliament and so an express resolution that the Peers in Parliament are and ought to be Judges especially of Peers not the Commons These Records of these cited at large lest Sir Edward Cooks brief quotation and mis-recital of them should deceive the credulous or ignorant Readers In the Parliament of 31 H. 6. rot Parl. n. 28. Thomas Earl of Devonshire was accused of Treason tried for and acquitted thereof by his Peers before Humfrey Duke of Buckingham Steward of England for the time being And for that the Duke of York thought the loyalty of the said Earl to be touched thereupon the said Earl protesting his Loyalty referred himself to further Trial as a Knight should doe upon which declaration THE LORDS in Parliament acquitted him as a loyal Subject Edward Duke of York with the Earls of March Warwick Salisbury Rutland John Lord Clinton and others were impeached and attainted by Judgement of the Lords in Parliament of High Treason for raising forces and levying war against King Henry the 6. and afterwards attainted by Bill in the Parliament of 38 H. 6. n. 7. to 26. In the Paâ—liamenr of 1 E. 4. n. 17. to 71. The Duke of Exeter Viscount Beamont the Earls of Pembroke Wilts and Devonshire the Lords Nevil Roos Gray Dacre Hungerford and others were first attainted and condemned of High Treason by THE LORDS and after by Bill for levying warr against King Edward the fourth The Duke of Somerset and others in the Parliament of 4 E. 4. n. 28. to 39. and John Vere Earl of Oxford with others in the Parliament of 14 E. 4. n. 34. to 41. were in the same manner for the same offence attainted of High Treason and their Lands forfeited To pretermit all other Attainders of this Nature in cases of High Treason in the reigns of Henry the 8. Edward the 6. Queen Mary Queen Elizabeth and King James both in our English and Irish Parliaments formerly touched p. 196 197 198 199. In the Parliaments of 18 21 Jacobi Sir Francis Bacon Viscount St. Alban Lord Chancellor of England and the Earl of Middlesex Lord Treasurer of England were impeached accused convicted of Bribery Corruption and other misdemeanors removed from their places fined Middlesex 50000 l. imprisoned made uncapable of any Office and thus censured by Iudgement of the Lords house as the Journals of those Parliaments
trenches and those within prepared to defend their walls and Bulwarks Then the Archbishop and all the Bishops with burning Papers smote Falcatius himself and all within the Castle with the sword of Excommunication The King commanded all warlike engines to be brought and gave many assaults to the Castle to win it by force since they refused to render it many were slain and wounded on both sides At last after many weeks siege the Kings soldiers entring the Castle by force those within it being unable to hold out any longer rendred themselves to the Kings mercy who putting them in close custody and chains commanded 24 of the Knights and Souldiers who stouted it most against him even when the siege was ended QVI OMNES SVSPENDIO ADJUDICATI SVNT to be hanged that day Matthew Westminster writes there were near one hundred of them hanged up Henry Braibroc being then restored to the King safe and sound rendred him many thanks In the mean time the King sent an armed Troop to seek out and apprehend Falcatius and bring him prisoner to him who having notice thereof fled into Wales for shelter The K. thereupon swore that if he took the Castle by force he would hang up all who were within it And withall seised upon all Falcatius his Manors Lands Corn goods and chattels throughout England as confiscated At last Falcatius hearing that the Castle was taken and his Brother and souldiers hanged came to the King to Bedford under the conâ—uct of Alexander Bishop of Coventry and there casting himself at the Kings feet humbly implored his mercy in respect of the many great and costly services he had done in his father and himself in time of warr Tum Rex per Consilium of his Nobles and Barons tradidit illum Casteliis Terris et rebus omnibus spoliatum sub custodia Euâ—châ— Londoni 〈◊〉 Eâ—iscopi donec quid de illo ageret esset sententialiter deâ—nitum Et sic quasi in momento idim Falcatius de duissimo pauperimus effectus multis et maxime nocentibus poterit fieri in exemplum Regi autem pro maximis laboribus et expensis in the siege of this Castle tam à Clericis quam à â—nicis concessum est per totam Angliam Carucagium de qualibet caruca duo solidi argenti MAGNATIBUS item concessit Rex scutagium scilicet de scuto quolibet duas marcas sterlingorum et sic omnes ad propria recesserunt Castellum quoque illud fecit Rex complanari et redigi in acervos A most memorable example of regal and Parliamentary Justice upon insolent contemners of Law Justice and Justices the whole Parliament turning Souldiers and continuing together at the Siege of this Castle above two Months space till they had taken the Castle and Malefactors by force and done execution on both And an eminent president of the Ks. Lords Jurisdiction in causes both of Commoners and Souldiers as well as Peers and Nobles Henry de Bathonia a learned Knight most skilfull in the Laws of the Realm one of the Kings Justices and special Counsellors in the year 1251 the 35 of Henry the 3. was most grievously defamed and accused of bribery and corruption in the Office of his Justiceship wherein he feared not treacherously to empty other mens purses to fill his own growing thereby in a short time extraordinary rich in Rents Monies Gold and Silver being instigated thereunto by his wife whereby adeo turpibus per fas et nefas emolumentis inhiabat ut in una sola itinaratione Justiciaria dicebatur plusquam ducentas libratas terrae sibi appropriare Whereupon appellatus est de infidelitate et proditione by Philip de Arci Knight coram Rege et Curia Regis And attached for to answer it John Mansell the Kings Chief Justice profered to bayl him and to be his Manucaptor ut staret Justitiae but he could not be heard the King being so incensed that he answered he would take no Clergy-man for his bayl in such a case reputing it to be HIGH TREASON at last by the Bishop of Londons others mediation intercession he was bayled by 24 Knights and delivered to their custody pro ipso Hen. responsionem justificationem rite et judicialiter statuto termino facturum After which by gifts and large promises he earnestly sollicited his friends to intercede for him with the King â—nd procure his pardon or else if they could not effect it to stand constantly for him in the day of peril armis si necesse sicut et equis communiti which they by unanimous consent promised to doe The King being privily informed thereof majori iracundia accensus omnia munera et verba reconciliationis praecise refutabat jurans quod per medium judicii districti necessario fuerat transiturus Upon this he by intreaties and gifts procured Earl Richard to mediate to the King for him adjungens sub tremendi judicii attestatione quod si Dominus Rex mortem suam imo etiam exhaeredationem procuraret totum regnum in ipsum Regem insurgeret tota perturbaretur quod si fieret cum sub sint aliae causae maxime alienigenarum injustae dominationes Anglorum oppressiones non sedaretur schisma ventilatum The Earl hereupon most effectually interceded for him and the peace of the Realm but could not mitigate the Kings wrath and indignation In March there was a great Parliament held at London where Henry was appointed to appear and answer who came thither guarded with a great multitude of Souldiers of his Wives and his own kinred and friends Whereupon the King being highly incensed he was on every side grievously assaulted and accused by his adversaries and by the King more heavily than the rest imponens eidem inter caetera quod totum regnum perturbavit et Barnagium universum contra ipsum Regem exasperavit unde seditio generalis imminebat Fecit igitur acclamari voce praeconia Londini et in curia ut si quis aliquid habere actionis vel querelae adversus Henricam de Bathonia veniret ad curiam ante Regis praesentiam ubi plene exaudiretur Insurrexerunt igitur multi queruli contra eum ita quod unus etiam sociorum suorum scilicet Justitiarius palam protestaretur quod unum facinerosum convictum incarceratum abirâ— permisit impunitum sine judicio opimis respectus muneribus quod factum est in Regis praejudicium Justitiariorum comitum suorum periculum et discrimen Rex igitur magis inde provocatus ascendit superius exclamavitque dicens Si quis Henricum de Bathonia acciderit quietus sit a morte ejus quietum eum protestor sic propere recessit Rex Et fuerunt ibi multi qui in ipsum Henricum hostiliter irruissent nisi Domini Johannis Mansel prudentia eorum impetum temperans refranasset Dixit enim Domini mei et amici non est necesse quod in iuâ—a praprepere dicitur prosequamur Poenitebit forte
every temporal Lord being in full Parliament examined touching the answer of the said Sir William and the matters and evidences which they had examined said severally that the said William had done his message well and legally and that in the person of the said William there was no fault nor evil touching the said message nor any thing that he did to the person of the said Duke Whereupon Walter Clapton Chief Justice of the Kings Bench by command of the king adjudged and declared that the said William should be fully excused and acquitted for ever in time to come touching this matter 3ly The last day of this Parliament it was agreed by the King and Lords that all the remembrances called Raggemans or Blantâ—es Charters lately sealed in the City of London and divers Counties Cities and Burroughs of England should be sent to the City of London and from every County City and Burrough from whence they came and Writs sent to every of them rehearsing That the king held all the resiants and Inhabitants in them for his good and loyal Subjects and that no confession by them made comprised in the said remembrances are nor shall be in derogation of the estate of any such person and that the same remembrances shall be burnt and destroyed in the most open place of the said Counties Cities and Burroughs and if any thing remain of record in any Court or place the king wills that it shall be cancelled and totally adnulled revoked and repealed and held for no record and of no force nor value for time to come 4ly The 19th of November in the said Parliament Placita Coronae coram Domino Rege in Parliamento suo c. Anno regni Regis Henrici quarti post Conquestum primo n. 17. The Commons prayed she King that rhe pursute arrest and judgements made against Sir William le Scropâ— knight Henry Green knight and John Bassy knight might be affirmed and held good Whereupon Sir Richard Scroop humbly prayed the King that nothing which should be done in this Parliament might turn to his or his Childrens dis-inherison Of which Sir Richard it was demanded whether the said pursute arrest and judgements were good or not who answered that he feared not to say and must confesse that when they were made thâ—y were good and profitable for the King and Realm and that his Son was one of them for which he was very sorrowfull Whereupon the king rehearsed that he claimed the Realm and Crown of England with all their members and appurietenances as heir of the bloud by the right line of king Henry the 3d. and although through the right which God had sent him by the aid of his Parents and friends he recovered the said Realm which was at the point to be undone by default of government and defesance of the Laws and customs of the Realm yet it was not his will that any should think that by way of Conquest he would disinherit any man of his heritage franchise or other right which he ought to have nor out any man of that which he had or should have by the good Laws or Customs of the Realm except these who had been against the good purpose and common profit of the Realm of which only the King held the said Sir William Henry and John for such and guilty of all the evil which had come upon the Realm and therefore he would have and hold all the Lands and Tenements they had within the Realm of England or elsewhere by conquest Whereupon fuist demande de touts les Seigniors temporellez lour advys de les pursuite arreste juggem 〈◊〉 suiâ—diâ—z Les queux Seigniors touz de â—ne accorde disorent que mesmes les pursuite arreste juggement quinâ—que fuist fait come defuist dit uist bons et les affirmente Piur bons et profitables 5ly In the case of John Hall 1 H. 4. Placita Coronae n. 11 to 17. who being in custody of the Marshal of Englana was brought by him before the Lords in Parliament and there charged before them by Walter Clapton Lord Chief Justice by the King command with having a hand in the murther of the Duke of Glocester who was smothered to death with a Featherbed at Calues by king Richard the seconds command the whole transaction whereof he confessed at large and put in writing before James Billingford Clerk of the Crown which was read before the Lords upon reading thereof the King and all the temporal Lords in Parliament resolved that the said John Hall by his own confession deserved to have as hard a death as they could adjudge him to because the Duke of Glocester was so high a Person and thereupon toutes les Seigneiors temporelz per assent du Roy adjuggerent all the temporal Lords by assent of the King ADJVDGED that the said Jo. Hall should be drawn from Tower hill unto the Gallows at Tiburn and there bowelled and his bowels laid before him and after he should be hanged beheaded and quartered and his head sent to Calice where the murther was committed and his quarters sent to other places where the king should please and thereupon command was given to the Marshal of England to make execution accordingly and it was so done the same day Lo here the Lords in Parliament gave judgement against a Commoner in case of a murther done at Calice and so not â—riable in the Kings Bench but in Parliament and passe a Judgement of High Treason on him for murthering of a great Peer only In the Parliament of 2 H. 4. rot Parl. n. 23 24. The Commons shewed to the King that William Bagot had been impeached of many horrible deeds and misprisions the which if they had been true the Commons supposed the the King aad ths Lords would have had good notice thereof for that they had made many examinations thereof whiles the said William was in distress And therefore the said Commons prayed the King that the said Sir William being in Flanders and no offence found in his person upon the slanders in his impeachment aforesaid that he would be pleased to restore him to his lands To which prayer was answered in the Kings behalf that although the said Sir William upon the said impeachment made the last Parliament was put to his answer before the King and the Lords and there pleaded a general Charter of pardon against which Charter it seemed to all the Lords then present that the said Sir William ought not to be impeached nor put to answer by the King on his part for that the said Sir William was not attainted of any impeachment suggested against him and that the King had done him justice in this behalf therefore he would in the same manner doe him justice in the residue at the Commons request A most full proof of the Kings and Lords judicial power in Parliaments even in case of a Commoner The same Parliament 2. H. 4. num 29. William
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
Judg. 17.2 3 4. Exod. 22.1 to 16. Levit. 6.4 5. ch 24.17 to 22. ch 25.27 28. Judg. 11.12 13. 1 Sam. 12.3 4. 2 Sam. 9.7 ch 12.5 6. ch 19.9 to 43. 1 Sam. 7.13 14. 2 King 14.22 Ezra 1.7 8 9 10 11. ch 6.5 which warrant the judgement and restitution they then awarded together with this memorable Act of resumption of the Crown Lands Rents and Revenewes alienated and given away by King Stephen to many Lords and Soldiers to maintain his usurped Title to be just King Henry the 2d Anno 1155. Praecepit eacum omni integritate infra tempus certum a quibuscunque deteâ—toribus resignari in jus statumque pristinum revocari Quidam vero indies carâ—as quas a Rege Stephano vel extorserant vel obsequiis emerant quâ—bus tuti forent protulerunt pleading them in barre against the Kings resumption Quâ—bus fuit a Rege responsum and let those who have purchased or gotten any of the Crown Lands Rents Revenewes by gift or otherwise now remember it Quod carâ—ae Inbasoris praejudicium legitimo Principi minime facere deberent Primo ergo indignati deinde territi consternati aegre quidem sed integre Usurpata vel diu tanquam solido â—ure detenta omnia resignarunt their Charters being all adjudged voyd eisdemque instrumentis minime tuti esse potuerunt as Nubrigensis and Brompton inform us The great and long suit between William de Stutevill and William de Moubray which had continued many years in the Kings Courts concerning the Barony of Moubray was ended in a Parliamentary Council by a final award there made between them that William de Stutevil should release all his right and claim to the Barrony to William de Moubray hee giving him nine Knights fees and twelve pounds Annual Rent for this release cumque super hoc diu certatum esset tandem Anno 1200. the 2d of King Johns Reign concilio Regni et voluntate Regis pax finalis concordia facta est inter praedictos as Roger de Houeden relates who records the agreement at large King Henry the 3d. Anno 1236. in a Parliamentary Council held at York Consilio sultus Magnatum Regni ended the controversie between himself and Alexander King of Scots touching the Lands King John had granted him by his Charter in Northumberland ratified by the subscriptions and assents of his Nobles Earles and Barons Anno 1237. Rex scripsit omnibus Magnatibus suis to appear before him and the Popes Legat at York de arduis negociis regnum contingentibus tractaturis where the difference between King Henry the 3d. and the King of Scots summoned to be present at this Parliament touching his Lands in England were finally determined and a firme peace made between them the King of Scots being to receive three hundred pound lands a year in England sine castri constructione homagiumque Regi Angliae faceret faedus inter eos amicitiae sanciretur hoc se fideliter facturum Regi Angliae conservaturum juraret After this Anno 1244. King Henry summoning all the Bishops Abbots and lay Barons to present all their military Services to him marched with a great army to New-Castle against the Scots who had fortified two Castles harboured rebels against the King and made a peace with France against their former Covenant and League VVhere to avoid the effusion of Christian blood which will cry to God for vengeance congregata Vniversitate Angliae Nobilium apud memoratum castrum tractatum est diligenter super tam arduo negotio Concilio habito circa Assumptionem beatae Maria dligentissimâ— Wherein the NOBLES made an agreement between the Kings of England and Scotland Alexander King of Scots by his special Charter recorded in Matthew Paris promising and swearing for him and his Heirs to King Henry and his Heirs quod in perpetuum bonam fidem eis servabimus pariter amorem c. Most of the Prelates Earles and Barons of Scotland sealing the charter with their Seals and swearing to observe it inviolably as well as their King In the Parliaments of 18 20 21 31 33. Ed. 1. There were many Pleas and Actions for Lands Rents and civil things as well as criminal held before the King in Parliament and adjudged resolved in these Parliaments by assent of the King and advice of the Lords the Kings Judges and Council learned in the Laws there being a large Parchment Volume of them in the Tower of London where all may peruse them some of them being also entred on the dorse of the Clause Rolls of these years Pasche 21. E. 1. Banco Regis Northumberland Rot. 34. John le Machon a Merchant lent a great summe of mony to Alexander King of Scots who dying his Son and Successour refused upon petition to pay it Whereupon hee appealed to the King of England for right propter suum supremum Dominium Scotiae Thereupon the Sheriffs of Northumberland by the Kings command accompanied with four men of that County went into Scotland to the Scots King and there personally summoned him to appear in England before the King of England to answerr this Debt After which all parties making default at the day the Merchant was amerced The King of Scots afterward appeared before the King but at the first time refused to answer at last hee desired respite to bee given him that he might advise about it with his Council of Scotland promising to appear at the next Parliament and then to give his answer And in Placit coram Rege Trin. 21. E. 1. Scotia there is an Appeal to the King of England between subjects of Scotland in a civil cause tanquam superiori regni Scotiae Domino And Clauso 29. E. 1. dorso 10. there is a letter of all the Nobles in Parliament to the Pope de Jure Regis in regne Scotia forecited p. 127 128. and Claus 10. E. 3. dorso 9. The King of Scots is stiled Vassallus Domini Regis Anglia It appears by Claus 5. E. 2. M. 30. that in a Parliament held at Stanford 3. E. 2. a business touching Merchandize and a Robbery on the Sea was heard and decided before the King and Lords in Parliament between the Earle of Holland who sent over a Proctor about it and others Claus 8. E. 2. m. 15. The Petition of David Earle of Ascelos in Scotland by the Kings command was read in full Parliament before the Prelates Earles and Barones that hee might be restored to his inheritance in Scotland to which it was answered by all their Assents that his inheritance was forfeited by his Ancestors for offences by them committed c. but yet the King would give him some other Lands for it In Claus 12. E. 2. it appears that the Popes Legate came into the Parliament and petitioned the King and Lords for a Legacy given by the Bishop of Durham Patriark of Jerusalem lately dead for which the King by assent of the
the Prior of Coventry the King granteth by Assent of the Bishops and Lords that no man do break the head of their Conduit nor cast any filth into their water called Sherbouâ—n on pain of ten pound and treble dammages to the Prior. In the Parliament of 9. H. 5. n. 12. Upon long debates of the Lords and Iustices it was resolved by them that the Abbot of Ramsy should have no prohibition against Walter Cook parson of Somersham who sued for Tithes of a Meadow called Crowland Mead in the hands of the Abbots Tenants In the great case of Precedency between the Earl Marshall and Earle of Warwick in the Parliament of 3. H. 6. n. 10 11. c. The Lords being to bee Iudges of the same suspended both of them from sitting in the house till their case was fully heard and they all voluntarily swore on the Gospel that they would uprightly judge the case leaving all affection In the Parliament of 11. H. 6. n. 32 33 34 35. Upon a Petition the King and Lords in Parliament adjudged the Dignity Seigniory Earledome of Arundel and the Castle and Lands thereunto belonging to John Earle of Arundel who proved his Title thereto by a deed of Entayle against the Title of John Duke of Norfolck who layed claim thereunto And in the Parliament of 39 H. 6. n. 10. to 33. The claime of the Duke of York and his Title to the Crown of England against the Title of King Henry the 6 th was exhibited to the Lords in full Parliament the Lords upon consultation willed it to be read amongst them but not to bee answered without the King The Lords upon long consultation declared this Title to the King who willed them to call his Justices Sergeants and Attorney to answer the same Who being called accordingly utterly refused to answer the same Order thereupon was taken That every Lord might therein freely utter his conceit without any impeachment to him In the end there were five objections made against the Dukes Title who put in an answer to every of them which done the Lords upon debate made this order and agreement between the King and Duke That the King should injoy the Crown of England during his life and the Duke and his heirs to succeed after him That the Duke and his two sons should bee sworne by no means to shorten the dayes or impaire the preheminence of the King during his life That the said Duke from thenceforth shall be reputed and stiled to bee the very Heir apparent to the Crown and shall injoy the same after the death or resignation of the said King That the said Duke shall have hereditaments allotted to him and his sons of the annual value of ten thousand marks That the compassing of the death of the said Duke shall bee Treason That all the Bishops and Lords in full Parliament shall swear to the Duke and to his heirs in forme aforesaid That the said Duke and his two sons shall swear to defend the Lords for this agreement The King by Assent of the Lords without the Commons agreeth to all the Ordinances and accords aforesaid and by the Assent of the Lords utterly repealeth the statute of intayle of the Crown made in 1. H. 4. so alwaies as hereafter there be no better Title proved for the defeating of their Title and this agreement by the King After all which the said Duke and the two Earles his sonnes came into the Parliament Chamber before the King and LORDS and sware to performe the award aforesaid with protestation if the King for his part duly observed the same the which the King promised to do All which was inrolled in the Parliament Rolls Lo here the Lords alone without the Commons judge and make an award between King Henry the 6th and the Duke of York in the highest point of right and title that could come in question before them even the right and title to the Crown of England then controverted and decided the King and Duke both submitting and assenting to their award and promising swearing mutually to perform it which award when made was confirmed by an Act passed that Parliament to which the Commons assented as they did to other Acts and Bills And here I cannot but take special notice of Gods admirable Providence and retaliating Justice in the translation of the Crown of England from one head family of the royal blood to another by blood force war treason and countenance of the Authority of the temporal and spiritual LORDS and COMMONS in Parliament in the two most signal presidents of King Edward and King Richard the 2 d. which some insist on to prove the Commons Copartnership with the Lords in the power of Judicature in our Parliaments the Histories of whose Resignations of their Regal Authority and subsequent depositions by Parliament I shall truly relate Anno 1326. the 19. of Ed. 2d Queen Isabel returning with her Son Prince Edward and some armed forces from beyond the Seas into England most of the Earles and Barons out of hatred to the Spencers and Kingâ— repaired to them and made up a very great army The King thereupon proclaimed that every man should resist oppose kill them except the Queen Prince and Earle of Kent which they should take prisoners if they could and neither hold any correspondency with them nor administer victuals nor any other assistance to them under pain of forfeiting their bodies estates But they prevailing and the King being deserted by most hee fled into Wales for shelter Whereupon Proclamation was made in the Queens army every day that the King should return and receive his Kingdome again if hee would conforme himself to his Leiges Quo non comparente Magnasâ—es Regni Hereâ—ordiae Concilium injeâ—unt in quo filius Regis Edwardus factus est Cusâ—os Angliae communi Decreto cui cuncti tanquam Regni custodi fidelitatem fecerunt per fidei sacramentum Deinde Episcopum Norwicensem fecerunt Cancellarium Episcopum vero Wintoniensem regni Thesaururium statuerunt Soon after the King himself with most of his evil Counsellors were taken prisoners being betrayed by the Welch in whom they most confided Hagh Spencer Simon Reding Baldoik and others of the Kings party being executed at Hereford Anno 1327. the King came to London about the feast of Epiphany where they were received with great joy and presents Then they held a Parliament wherein they all agreed the King was unworthy of the Crown and fit to be deposed for which end there were certain Articles drawn up against him which Adam de Orleton Bishop of Winchester thus relates in his Apology i Ea autem quae de Consilio et assensu omnium Praelatorum Comitum et Baronum et totius Communitatis dicti Regni concordata ordinata fuerunt contra dictum regem ad amotionem suam a regimine regni contenta sunt in instrumentis publicis Reverendo patre domino J. Dei
Crown nor unkinged himself as unworthy to reign any longer 12ly King Edward the 2. after this his deposition was reputed a King de jure still and therefore stiled by the whole Parliament all the Lords and King Edward the 3d. himself in 4 E. 3. n. 1 2 3 4 5 6 10. their King and Leige-Lord and Mortimer with his complices were condemned and executed as TRAYTORS for murdering him after his Deposing contrary to Sir Edward Cooks false Doctrine 3 Institutes f. 7. And in the Parliament of 21 R. 2. n. 64 65. the revocation of the Act for the 2. Spencers restitution in the Parl. of 1 E. 3. was repealed because made at such time by King Edward the 3. as Edw. 2. his Father BEING VERY KING was living and imprisoned so that he could not resist the same An express resolution by these two Parliaments that his deposition was both void in Law and illegal 13ly Neither of these 2. Kings though their articles were more heinous and Government more unkingly arbitrary than the late Kings were condemned or adjudged to loâ—e their heads or lives for their misdemeanors but meerly deprived of their royal Authority with a promise to preserve their lives and treat them nobly and that upon this account that they were Kings yea anointed Kings when they transgressed therefore exempted from all capital censures penalties of Laws by any humane Tribunals as David resolves Psal 51.4 Against thee thee only have I sinned whence S. Chrysostom S. Ambrose Arnobius with others in their Expositions on that Psalm S. Hierom Epist 22 47. Peter Martyr on the 2 Sam. 2.13 learned Grotius and others conclude in these words Liberi sunt Reges à vinculis delictorum neque enim ad paenam ullis vocantur legibus tuti Imperii potestate Hence Otto Frisingensis Episcopus writes thus to the Emperor Fredericke Praeterea cum nulla inveniatur persona mundialis qui mundi legibus non subjaceat subjaciendo coerceatur SOLI REGES utpote constituti super leges in respect of corporal penalties DIVINO EXAMINI RESERVATI seculi lègibus non cohibentur unde est illud tam Regis quam Prophetae testimonium Tibi soli peccavi These 2. presidents therefore no wayes justifie the proceedings against the late beheaded King as I before hand manifested in my Speech in Parliament Decem. 4. and in my Memento in Jan. 1648. which gave ample satisfaction herein not only to out 3. kingdoms at home but to the learnedst Protestant Divines Churches abroad both in France Germany as Samuel Bochartus an eminent French Divine in his Latine Epistle to Dr. Morley printed Parisiis 1650. attests Sect 3. De Jure potestate Regum p. 145. Where after a large and solid proof out of Scripture Fathers and other Authors of the unlawfullnesse of our late Kings trial judgement and Execution and that the Presbyterian English Ministers and Membees did then professedly oppugn and write against it he thus proceeds Ex hoc numero PRYNNIUS vir multis nominibus insignis Parlamenti Delegatorum unus è carcere in quo cum pluribus aliis detenebatur Libellum composuit Parliamento oblatum in quo decem rationibus iisque validissimis contendit eos rem illicitam attentare in proceeding Criminally and Capitally against the King Then reciting the Heads of my reasons against it he concludes thus Haec ille multo plura SCRIPTOR MIRE NERVOSUS cujus verba sunt stimuli et elavi in altum defixi After which he there prooves by several instances how much the Protestant Ministers Churches of France and Geneva condemned these proceedings as repugnant to Scripture and the Principles of the Protestant Religion And Dr. Wolfgangus Mayerus a famous Writer and Professor of Divinity at Basil in Germany in his Epistle Dedicatory before his printed Latine Translation of my Sword of Christian Magistracy supported Basil 1649. Viro Nobilissimo ac consulâ—issimo omnium Doctrinarum Virtutumque Ornamentis excultissimo verae pietatis zelo flagrantissimo Orthodoxae Religionis libertatisque Patriae defensori Acerrimo GVLIELMO PRYNNE J. V. Doctori celeberrimo Domino atque Amico suo plurimum honorando Authori Interpres S. P. D. hath published to my self in particular and the world in general That the beheading of the K. as it was contrary to the Parls primitive intention so it was cum magna gentis Anglicanae ignominia qui jam discincti laudatissimique corporis compage miserrime rupta atque dissipata ferre coguntur quod evitari amplius non potest At sane non exiguam laudem APUD OMNES REFORMAT AS ECCLESIAS consecuti sunt illi Angliae Pastores qui naevos et Errores Regiae administrationis quos magnos fuisse agnoverunt precibus potius a Deo deprecandos quam capitali poena vindicandos esse censuerunt suasque Ecclesias ab omnibus sanguinariis consiliis magno zelo animo plane intrepido dehortati omnemque criminis istius suspicionem ab ipsis hoc pacto prudentissime amoliti sunt Sed hanc causam aliis disceptandam relinquo Which learned Salmasius soon after professedly undertook in the Netherlands Vincentius Heraldus and Bochartus 3 most eminent Protestant Ministers in France in printed Treatises published against the Kings Trial c. as repugnant to the Principles of the Christian Protestant Religion Which another famous Frenchman in his French Translation of 47 London Ministers Petition against it thus brands Post Christum crucifixum nullum atrocius crimen uspiam esse admissum universam terram eo concuti bonos omnes ad luctum provocari USQUE AD FINEM SECULI Which Mr. Bradshaw may do well to ruminate upon now in cold blood and all others ingaged with him in this unparalled Judgment execution being no way warranted by the depositions of King Edward or Richard the 2. 14ly When the News of K. Richards deposing was reported into France King Charls and all his Court wondered detested and abhorred such an injury to be done to an anointed King to a crowned Prince and the head of the Realm But in especial Waleram Earl of St. Paul which had maried King Richards half Sister moved with high disdain against King Henry ceased not to stir and provoke the French King and his Counsel to make sharp war in England to revenge the injury and dishonour committed and done to his Son-in-law King Richard and he himself sent Letters of defiance to England Which thing was soon agreed to and an Army royal appointed with all speed to invade England But the French King so stomached this high displeasure and so inwardly conceived this unfortunate chance in his mind that he fell into his old disease of the Frensy that he had need according to the old proverb to sail to the Isle of Anticyra to purge his melancholy humour but by the means of his Physicians he was somewhat relieved and brought to knowledge of himself This Army was come down into
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
Writs to divers Officers Governours and Ministers of divers other Citees and to many Shires and Burroughs of the seid Realm to make fals untrue and injust proclamations against our seid Soveraign and Liege Lord K. Ed. the 4th by the name of Ed. late E. of March to provoke and excite his destruction And also by his Letters signed with his hand directed unto the seid Dukes of Excester and Somerset and other Lords refused and denied to keep and observe the seid accord convention and agreement and by the same writing falsifying his promise departed from the same Convention and accord afore either the same our Soveraign Lord or the seid noble Prince his Fader any thing did or attempted to the contrary of the same convention and concord for their partie Be it declared and juged by the seid advis assent and authorite the premises considered that the seid Usurper Henry late called Henry the sixth agenst good faith troth conscience and his honour brake the seid Convention and concord and departed therefrom of wilfull malice long afore the seid fourth day of March as by the matters afore declared it appeareth sufficiently And that the breche thereof on his partie discharged our seid Soveraign Lord of all things that should or might charge him to the keeping thereof in any Article or point after the seid breche And that he was then at his freedom and liberty to use his said right and title of the seid Crownes and to enter into the exercise thereof and of the Royal power dignite and preheminence longing thereunto as he lawfully did in manere and fourm above specified the seid convention and concord and the Acte thereupon made or any thing therein conteined notwithstanding And over this it be declared and juged by the seid advis assent and authorite that the seid agreement concord and Act in all things which been in any wise repugnant or contrary to the seid right title entree state seasen and possession of our Soveraign Lord King Edward the fourth in and to the Crown Royal estate dignite and Lordship above said be void and of no force ne effect And that it be Ordeyned and stablished by the seid assent advis and authorite that every person having any parcel of the seid Castles Manors Lands Honours tenements rents services possessions or hereditaments aboveseid the which were given in exchange or in recompence of or for any other Manors Castles lands tenements rents advowsons fee-farms reversions or any other possessions or enheritaments given to the seid Henry late Earl of Derby to the seid Henry his son late called King Henry the fifth or to the seid Henry his son late called King Henry the sixth or to any other person or persones to or for their or any of their use at their or any of their desire or to perform execute their or any of their wille mowe entre And that they and their heirs and successors entre into the same Manors Castles Lands tenements rents services possessions advowsons or hereditaments so given And them have hold keep joy occupy and inherit of like estate as the giver or givers thereof had them at the time of the gift thereof made though it be so that in any of the Letters Patents or gifts made of any of the premises no mention be made of any recompence or eschange Qua quidem petitione in Parliamento praedicto lecta audita plenius intellecta de avisamento assensu Dominorum Spiritualium Temporalium in eodem Parliam existen ad requisitionem Communitatis praedictae respondebatur eidem modo forma hic Inferius annotatis The King by the advice and assent of the Lords Spiritual and Temporal in this present Parliament assembled at the request of the Commyns being in the same agreeth and assenteth to this Petition and it accepteth with certain moderations provisions and exceptions by his Highness thereupon made and in schedules written and in the same Parliament delivered the tenours of which hereunder follow c. Convenit cum Recordo This Judgement censure repeal in full Parliament of the deposition and proceeding against King Richard the 2. upon the Commons own Petition by this Act never yet reversed as most wicked treasonable unrighteous against Gods Laws and Mans crying for vengeance in Gods hearing in heaven and exemplarily punished upon the whole kingdom Nation and Henry the 4. his posterity on earth with the sad intestine warres miseries that attended it are sufficient arguments of its unlawfulness detestableness against all those who deem it just or allege it for a president to justifie their extravagances of a more execrable and transcendent Nature 16ly It is very observable that Roger Mortimer Earl of March who had the chief hand in deposing murthering King Edward the 2. after he was deposed was in the Parliament of 4 E. 3. condemned and executed for it as a Traytor without any legal trial all his lands confiscated and Queen Isabel her self who concurred with him like to be questioned for her life and abridged in her maintenance Moreover King Richard the 2. Granchild and next heir to King Edward the 3. who imprisoned deposed and invaded his Fathers throne though somewhat against his will was imprisoned deposed proceeded against in the self same manner as Edw. the 2. was by his very president and soon after murdered like as Edw. the 2. was by King Henry the 4. After which king Henry the 4. his Granchild Henry the 6. was also in the self same manner imprisoned deposed attainted of high Treason with his Queen and Adherents in the Parliament of 1 Edw. 4. n. 8. to 33. and at last murdered by Edw. the 4. his procurement to secure the Crown to himself and his Posterity Yet no sooner was King Edw. the 4. dead but his own Brother Richard Duke of Gloucester who by his instigation murdered King Henry the 6. with his own hands procuring himselâ— to be Protector of his son King Edw. the 5. then young getting his Brother and him into his custody by treachery perjury and hypocrisie caused them both to be barbarously murdered to set the Crown on his own head which he most ambitiously aspired after yet seemed unwilling to embrace till enforced to accept it by a Petition and Declaration drawn up by his own Instruments presented to him in the name of the Lords Spiritual and Temporal and Commons of the Realm of England wherein he branded his Brother king Edw. the fourth his marriage as illegal and his issue as illegitimate aspersed his Life and Government as one by whom the Laws of God of Gods Church of the Land and of nature and also the laudable Customs and Liberties of England wherein every English man is inheritor were broken subverted contemned against all reason and justice So that the Land was ruled by self-will and pleasure fear and dread all manner of Equity and Law laid apart and despised so that no man was sure of
A Plea for the LORDS AND HOUSE of PEERS OR A full necessary seasonable enlarged Vindication of the just antient hereditary Right of the Earls Lords Peers and Barons of this Realm to sit vote judge in all the PARLIAMENTS of ENGLAND Wherein their Right of Session and Sole Power of Judicature without the Commons House in Criminal Civil Ecclesiastical causes as well of Commons as Peers Yea in cases of Elections Breach of Privilege misdemeanors of the Commons themselves are irrefragably evidenced by solid reasons punctual Authorities memorable Presidents out of Histories and Records in all ages most of them not extant in any Writers of our Parliaments Whose Errors are here rectified the Seditious Anti-Parliamentary Pamphlets Libels of Lilbourn Overton and other Levellers against the Lords House and Right of judging Commoners fully refuted and larger Discoveries made of the Proceedings Iudgements of the Lords in Parliament in Criminal Civil causes Elections Breaches of Privilege of their Gallantry in gaining maintaining preserving the Great Charters Laws Liberties Properties of the Nation and oppugning all Regal Papal Vsurpations Exactions Oppressions illegal Ayds Taxes required or imposed and of the Commons first summons to and just Power in Parliaments than in any former Publications whatsoever By William Prynne Esquire a Bencher of Lincolnes Inne Prov. 22.28 Remove not the antient Land-mark which thy Fathers have set LONDON Printed for Henry Brome at the sign of the Gun in Ivie Lane and Edward Thomas at the Adam and Eve in Little Britain 1659. To all the truly Honourable Heroick Lords and Peers of the Realm of England who are real Patriots of Religion their Countries Fundamental Liberties Properties Great Charters Laws against all arbitrary Tyranny Encroachments illegal unnecessary Taxes and Oppressions Right Honourable THough true Nobility alwayes founded in vertue and real piety needs no other tutelar Deity or Apologie but it self amongst those ingenious Spirits who are able to discern or estimate its worth yet the iniquity of our degenerated Age and the frenzie of the intoxicated ignorant vulgar is such that it now requires the assistance of the ablest Advocates to plead its cause and vindicate the just Rights Privileges of the House of Peers against the licentious Quills Tongues of lawlesse sordid Sectaries and Mechanick Levellers who having got the Sword and reines into their hands plant all their batteries and force against them crying out like those Babylonian Levellers of old against the House of Lords Rase it Rase it even to the foundation thereof and lay it for ever â—ver with the very dust beholding all true Honor worth and Nobleness shining forth in your Honors heroick Spirits with a malignant aspect because they despair of ever enjoying the least spark therof in themselves and prosecuting you with a deadly hatred because better greater than ever they have hopes to be unless they can through Treachery and violence make themselves the onely Grandees by debasing your highest Dignity to the lowest Peasantry and making the meanest Commoners your Compears This dangerous seditious Design hath ingaged me the unablest of many out of my great affection to Royalty and real Nobility and a deep sence of the present kid tottering condition of our Kingdom Parliament the very pillars and foundations whereof are now not only shaken but almost quite subverted voluntarily without any Fee at all to become your Honors Advocate to plead your Cause and vindicate your undoubted hereditary right of sitting voting judging in our Parliaments of which they strenuously endeavour to plunder both your Lordships and your posterities and to publish these subitane Collections to the world now enlarged with many pertinent Additions to still the madness of the seduced vulgar whom Ignoramus Lilburn Overton Walwin and their Confederates have laboured to mutinie against your Parliamentary Jurisdiction treading upon Princes as upon mortar and as the Potter treadeth the clay in their illiterate seditious Pamphlets whose Arguments Pretences Presidents Objections Allegations I have here refuted by Scripture Histories Antiquities and Parliament-Rolls the ignorance whereof joyned with their malice is the principal occasion of their error in this kind And truly were all our Parliament Rolls Pleas Iournals faithfully transcribed and published in print to the eyes of the world as most of our Statutes are by authority of both Houses of Parliament a work as worthy their undertaking and as beneficial for the publike as any I can recommend unto their care it would not only preserve them from imbezelling and the hazards of fire and warr to which they are now subject but likewise eternally silence refute the Sectaries Levellers ignorant false Allegations against your Honors Parliamentary Jurisdiction and Judicatur resolve clear all or most doubts that can arise concerning the tower jurisdiction privileges of both or either Houses keep both of them within their due bounds the exceeding whereof is dangerous grievous to the people except in cases of absolute real present urgent not pretended necessity for the saving of a Kingdom whiles that necessity continues and no longer chalk oâ—â— the â—miâ—ent regular way of proceeding in all kinds of Parliamentary affairs whatsoever whether of warr or peace Trade or Government Privileges or Taxes and in all civil or criminal causes and all matters whatsoever concerning King or Subject Natives or Foreiners over-rule reconcile most of the present differences between the King and Parliament House and House Members and Members clear many doubts rectifie some gross mistakes in our printed Statutes Law-Books and ordinary Historians add much light lustre ornament to our English Annals the Common Statute Laws and make all Lawyers all Members of both Houses far more able than now they are to manage and carry on all businesses in Parliament when they shall upon every occasion almost have former presidents ready at hand to direct them there being now very few Members in either House Lords Lawyers or others well read or versed in antient Parliament Rollâ— Pleas Iournals or Histories relating to them the ignorance whereof is a great Remora to their proceedings yea oft times a cause of dangerous incroachments of new Iurisdictions over the Subjects persons estates not usual in former Parliaments of some great mistakes and deviations from the antient methodical Rules and Tracts of parliament now almost quite forgotten and laid aside by new unexperienced ignorant Parliament Members who think they may do what they please to the publike prejudice injury of posterity and subversion of our Fundamental Laws Rights Liberties in the highest degree by new erected arbitrary Committees exercising an absolute tyrannical power over the Persons Liberties Estates Freeholds both of Lords themselves and all English Freemen Your Lordships helping hand to the speedy furthering of such a necessary publike work and your industrious magnanimous unanimous imitation of the memorable heroick presidents of your Noble progenitors in gaining regaining enlarging confirming perpetuating to posterity the successive Grand Charters of our Liberties when
admittere dominus Eboracensis licet contra personam praesentatam nihil inveniret quod obsisteret sed solam inhibitionem vestram praetenderet Verum cum in incendio vicinae domus nostrarum immineat periculum vobis tanquam patri supplicamus quatenus tam praedictum Robertum quam nos omnes singulos praedicta libertate praesentandi Clericos nostros ad ecclesias nostras vacantes libere uti permittatis injungentes praedicto Archiepiscopo quod I. Clericum ad praedictam ecclesiam ab eodem praesentatum pro quo etiam preces effundimus devotas praesertim cum sit negotiis Regis regno nostro necessarius nisi aliquod canonicum obstiterit non obstante priori mandato vestro admittat Ut ex hoc nos ad propensiorem famulatum ecclesiae provocetis Ne cum sit jus advocationis praedictorum feudorum pro quibus Domino nostro militamus cogamur illius invocare subsidium qui jura libertates laicorum protegere â—enetur confovere Valete Anno 1140. In octavis vero Epiphaniae congregati sunt Londini Archiepiscopi et Episcopi cum multis aliis Magnatibus praesente etiam Legato reponentes querimoniam coram Rege in curia sua super variis injuriis oppressionibus quotidianis desolationibus illatis ecclesiae per iniquum Regis consilium contra suas chartas juramenta temere veniendo nec patitur suis pastoribus viduatas ecclesias respirare sed ut ab eisdem ecclesiastica bona variis argumentis extorqueat annis plurimis eas in manu sua detinet nec patitur electiones canonicas celebrari Super quibus injuriis illatis diatim multiplicatis omnes se asserunt vehemâ—ntâ—r admirari cum ipse Rex toties juraverit se jura ecclesiastica illibata conservare ipsomet audiente candelam tenente quod omnes Episcopi in violatores libertatum ecclesiasticarum simul sententiam fulminabant in cujus sententiae consummatione Rex ut alii candelam extinxit inclinandâ— Et erant contra Regem in querimonium Episcoporum capitula circiter 30. Et eotenus processum est quod lata sit iterum sententia terribiliter nimis in omnes Regis consiliaâ—ios qui ejus animum ad praedicta enormia conabantur inclinare In the Parliamentary Council held at Merton An. 1229. Anno 20 H. 3. cap. 9. All the Bishops to set up the Popes and their own Canons above the Common Law of England earnestly intreated the Lords that they would consent that those who were born before matrimony might be legitimare as well as those born after mariage as to hereditary succession because the Church held such for legitimate et omnes Comites et Barones una voce responderunt nolumus leges Angliae mutare quae hucusque usitatae sunt approbatae Upon which Sir Edw Cook observes That the Nobility of England have ever had the Laws sf England in great estimation and reverence as their best birthright Anno 1244. the 28 of Henry the third Pope Innocent sent one Martin his Legate into England with letters demanding a large contribution from the Prelates Abbats and Clergy to be speedily collected as he should direct which coming to the knowledge of all the Lords and Great men omnes ad Praelatos accesserunt ut uno per omnia consilio uterentur quia hoc negotium generalem statum Regni contingebat Whereupon all the Prelates by the Lords advice and encouragement denied to grant the Pope any aid at all sic soluto Concilio recesserunt Moreover this same year Romana Ecclesia rubore deposito tempore novi Papae Innocentii 4. non cessabat provisiones cotidianas redditus impudenter extorquere a via antecessorum suorum non exorbitando imo manum super omnes aggravando Exiit igitur murmur licet sero in cordibus Anglorum diu conceptum et retentum in manifestam querimoniam et quasi parturientes loqui non poterant amplius se continere Patientia enim eorum desidiosa erat humilitas infructuosa est imo potius damnosa et ipsa abutebatur Romana protervitas insatiabilis Et in unum convenientes totius Regni Nobiles Regem efficacissime super hoc conâ—enâ—rum asserentes se malle mori quam amplius tales enormitates tollerare Non enim eorum neque antecessorum suorum intentio fuit quando contulerint bona viris religiosis et aliis locis pia consideratione constructis ut ipsa ad aâ—bitrium Papae viris Italicis ignotis et eis quos noverant Simoniis usuris pollutos viciis multimodis quibus non est cura praedicatio vel hospitalitas Christi fidelibus impendenda contribuerent Rex igitur non mediocriter ad iram provocatus sciens ac sentiens talibus queremoniis inesâ—e veritatem scripsit Domino Papae verbis humilibus efficacissimis ut talia studeret paterna solicitudine corrigere The next year Anno 1245. This Martin violently seising on the lands and profits of divers Churches and religious persons prorerva injuriosa authoritate wherein the King protected him against all men whereby the condition of the Realm became most miserable thereupon urgente igitur necessitate totius Regni Angliae maxime praeceptum est ab ipso tempore EX PARTE ALIQUORUM MAGNATUM pro multiformi et incessabile oppressionne et depraedatione Regni dolentium et miserantium diligenter die nocte custoditis omnibus partibus Angliae PAPALES LITERAE quae quotidie ad emungendam pecuniam portabantur caperentur Wherupon the Governour of Dover took one of the Popes Posts laden with such Bulls and Letters to exact monies by divers means as he arrived at Dover and took away all his Bulls and Letters as he was commanded by the Lords imprisoning the Post in Dover Castle whom the King upon Martins complaint released causing the Letters and Bulls to be restored to him in perniciem Regni et Honoris sui Hereupon the Barons and Lords assembled at Laiton and Dunstable at Torneyes and from thence sent one Fulco to Martin residing in the New Temple at London commanding him presently to depart the Realm or else he and all his should be hewn in pieces within 3 days who thereupon repairing to the King for protection and demanding whether this were done by his direction The King answered no Sed BARONES MEI vix se continent quin consurgant in me eo quod tuas in Regno meo eorundem quae â—us modum excedunt depredationes injurias hactenus tolleravi Quorum etiam furorem vix compescui quin et in te iâ—ruentes te membratim non dilacerarent Upon which Martin demanding that the Marshal might convoy him safe to the Seaside â—â—ed with great hast and fear out of England After which the king coming to himself and discerning his Error by the advice of all the Nobility of the Realm there was an elegant Epistle written wherein the
the most best Antiquaries and English Historians I have seen who Treat of our Parliaments except that Gross Impostor who composed that ridiculous Treatise stiled Modus tenendâ— Parliamentum when there was never any Parliament held in any age in England or Ireland in such manner as â—e there relates prescribes with Sir Edward Cook and some other injudicious Antiqâ—aries seduced by this pretended forged Antiquity have not presumed to derive the Antiquity of the Knights Citizens and Burgesses summons to and siâ—ting in our Parliaments higher than the Parliament held under Henry the 1. at Salisbury Anno Dom. 1116. the 16 year of his reign To which Polydor Virgil Hist Angl. An. 1116. Judge Dodridge and others in the Antiquity of the Parliamenâ—s of England p. 18 19 20 40 80 86 87. Holinshed in his Chronicle vol. 3. p. 38 39. John Speed in his History of Great Britain p. 438 439. referre their Original if not the beginning of Parliaments themselves But under these learned mens correction who produce no warrant from histories or records in that age for proof of what they affirme I dare confidently assert that there is nothing to be found in History or Record to warrant this their fancy but many direct evidences against it which I shall briefly clear being very pertinent to the present controversie and judicature of the Lords House 1. It is most clear that to this Parliamentary Council held at Salisbury Anno 16 H. 1. No Commons Knights Citizens elected by the people were called by this Kings Writs as some of these Authors with the Manuscript of Canterbury positively assert and others of them seem to incline unto but only the Lords spiritual and temporal of the Realm as Holinshed himself relates whom Speed stileth the Estates both Spiritual and Temporal This is evident by Eadmerus who then lived and thus records the proceedings of that convention under this King 13 Kal. Aprilis factus est Conventus Episcoporum Abbatum et Principum totius regni apud Serberiam cogente eos illuc sanctione Regis â—enrici Which Rog. de Hoved. thus seconds Comites et Barones totius Angliae apud Salisberiam convenerunt who as Mat. Paris and Mat. Westminster with them relate Jurarunt fidelitatem Willielmo filio suo Simeon Dunelmensis â—â—iles it Conventus Optimatum et Baronum totius Angliae wherein jussu Regis omnes Comites et Barones cum Clero totius Regni swore fealty to him and his Son as the Chronicle of Brompton also relates not any of our antient Historians making mention of any Commons Knights Burgesses but only of Bishops Abbots Earls Lords and Barons of the Realm there present at it In this Parliament after the Earls Barons and Great men had done homage to William the Kings Son and sworn allegiance to him the Cause and complaint between Ralph Archbishop of Canterbury and Thurstan elected Archbishop of York was there heard and debated which had been agitated between them a whole year before Thurstan being admonished by Ralph to make his subjection to the See of Canterbury and to receive his consecration from him after the ecclesiastical and usual manner Answered That he would willingly receive his consecration from him but he would by no means make that profession of subjection to the See of Canterbury which he exacted but only that which Pope Gregory and after him Pope Honorius the 6. had ordained who made this agreement between the two Archbishops of England Ut neuter alteri subjectionis professionem faceret nisi tantum ut qui prior ordinatus esset quamdiu viveret prior haberetur quod proprium est servorum Dei ut verahumilitate sibi invicem acclives sint nullus super alium primatus ambitionem exercere debet Sicut Dominus noster Verae humilitatis praedicator amator discipulos suos de hac re litigantes redarguens dixit eis Qui major est vestrum erit omnium minister Nullus siquidem post beatum Auguâ—â—inum â— qui non tam Archiepiscopus quam Apostolus Anglorum dicendus est Archiepiscoporum Cantuariensium primatum totius Angliae sibi vendicare praesumpsit usque ad Theodorum Archipraesulem cui propter singularem in Ecclesiastica Disciplina solertiam omnes Angliae Episcopi subjici consenserunt sicut Beda in Ecclesiastica Historia Angliae testatur Quamobrem Turstinus nullam aliam subjectionis professionem Cantuariensi Pontifici facere voluit nisi quam beatus Papa Gregorius instituiâ— Ralph on the other side pleaded the subjection of his predecessors made to his Predecessors Rex autem Henricus ubi advâ—rtit Turstinum in sua stare pervicatia aperte protestatus est illum aut morem antecessorum suorum tam in professione facienda quam in aliis dignitatis Ecclesiae Cantuariensis ex antiquo jure competentibus executurum aut Episcopatu Eboracensi cum benedictione funditus cariturum His auditis ille suo cordis consilio inpraemeditatus credens renunciavit Pontificatui spondens Regi Archiepiscopo se dum viveret illum non reclamaturum nec aliquam calumniam inde moturum qui cunque substitutus fuisset But Thurstan afterwards repenting of his rashness contrary to his agreement in Parliament going to the Pope against the Kings command to the Council at Rhemes was there consecrated Archbishop of York by Pope Calixtus himself contrary to his promise to the Kings agent and Canterburies who there publikely protested against his consecration without making any subjection to the See of Canterbury Whereupon the King prohibited Thurstan to return into England or any of his Dominions swearing that he should never return whiles he lived unless he would make his subjection to the See of Canterbury Which Oath he refused to violate at the Popes personal request to him though he then absolved him voluntarily from this Oath saying Quod dicit se quoniam Apostolicus est me à fide quam pollicitus sum absoluturum Si contra eandem fidem Thurstinum Eboraci recepero non videtur regiae honestati convenire hujusmodi absolutioni consentire Quis enim fidem suam cuivis polâ—câ—ntii amplius crederetur cum eam meo exemplo tam facile absolutione annihilari posse videret As in this famous Parliamentary Council of Salisbury so in all precedent and subsequent Great Councils and Conventions during the whole reign of king H. 1. the Prelates Earls Barons spiritual and temporal Lords were only summoned as Members not any Knights Citizens Burgesses or Commons elected by the people which I shall next make good In a Parliamentary Council in the 1. year of his reign Anno 1100. he was elected and crowned King of England abolished ill Laws confirmed King Edwards Laws and the Great Charter of Liberties under his Seal Communi Concilio Baronum regni Archiepiscoâ—is Episcopis Comitiâ—uâ— Proceribus Magnatibus et Optimatibus totius Regni Angliae there subscribing to his Charter then granted as witnesses See here p. 58
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