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A54686 Investigatio jurium antiquorum et rationalium Regni, sive, Monarchiae Angliae in magnis suis conciliis seu Parliamentis. The first tome et regiminis cum lisden in suis principiis optimi, or, a vindication of the government of the kingdom of England under our kings and monarchs, appointed by God, from the opinion and claim of those that without any warrant or ground of law or right reason, the laws of God and man, nature and nations, the records, annals and histories of the kingdom, would have it to be originally derived from the people, or the King to be co-ordinate with his Houses of Peers and Commons in Parliament / per Fabianum Philipps. Philipps, Fabian, 1601-1690. 1686 (1686) Wing P2007; ESTC R26209 602,058 710

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his Castles of Killingworth Northampton Nottingham and Scarborough and the Castellanies or Governours sworn to obey them and after a general pardon granted to them and all their adhaerents mutual Oaths should be taken on both sides in solemn manner for the inviolable observing the Articles and the King's Letters Patents sent to all the Sheriffs of the Kingdom to cause all men of what degree soever within their several Shires to swear to observe those Laws and Liberties granted by his Charter and was compell'd so far to suffer those Conservators to proceed in their Conservatorships as in the same yearthey took their Oaths to perform those their new Offices the Earls of Arundel Gloucester and Warren with Hubert de Burgh and many Barons and great men took their Oaths also to obey and assist them But in the mean time Gloucester and Spencer being the chief of the Twenty-four Conservators did draw the entire managing of the Kingdom into their own hands compel the King to summon a great Councel at London where the authority of the Twenty-four Conservators was deliver'd over unto themselves and it was ordained that Three of them at the least should attend at the Court to dispose of the custody of the Castles and other business of the Kingdom with those of the Chancellor Justiciar and Treasurer and of all Offices great and small and bound the King to loose and renounce to them their legal Obedience whensoever he should infringe his Charters which might as unto a great part of them be certainly believed to have been the very spawn and breed of those long-after-reviv'd high and mighty Nineteen Propositions which were endeavour'd to have been enforced upon the late Blessed Martyr King CHARLES and of the late design'd Association in the Reign of His Son King CHARLES II. But that hoped pacification being made saith the Historian Jealousies and Discontents did again kindle and break out on both sides the one part to keep what they had undutifully gained and the other to get loose of what for fear he had too much yielded unto the King wanting none to enflame the perturbations and anguish of his mind to tell him that he was now a King without a Kingdom a Lord without Dominion and a Subject of his Subjects the Discords like a Wound or Sore ill-cur'd fester'd again and broke out SECT III. Of the succeeding Jealousies Animosities Troubles and Contests betwixt King John and his over-jealous Barons after the granting of his Charters and his other Transactions and Agreements with them at their tumultuous meeting at Running-Mead with the ill usages which he had before received of them during all the time of his Reign HE retir'd into the Isle of Wight whence by Agents sent to Rome he procured a definitive Sentence to condemn and nullifie what was done and the Pope's Excommunication of the Barons who kept about the City of London and under colour of Tournments and other Martial exercises invited as many other as they could to their assistance but did not seek to surprize his Person or intercept his Agents although they had strength to do it but only to enjoy those Liberties which they had spoiled and discredited by gaining them by violence wherein the fear of the power of an enraged Prince made them the more desperately careful to defend themselves and finish their designs whilst the King tarried three months in the Isle of Wight whence the Bishop of Worcester Chancellor of England Bishop of Norwich with others were sent with his Seal to procure Foreign Forces and to bring them to Dover whither after some small prizes taken by him and he returning his Agents abroad brought him an Army of Foreigners from Gascony Lovaine Poicteau and Brabant many of them being his French Subjects with whose help notwithstanding the loss of 40000 Men Women and Children who were drowned at Sea as they were bringing unto him by Hubert de Burgh from Calice He besieged and took Rochester Castle marched over most part of the Kingdom and within half a year got in all the Barons Castles even to the borders of Scotland and was Master of all England except the City of London which he would not adventure upon in regard of the Barons united Forces which lay near unto it marched to St. Albans where he proclaimed the Pope's Excommunication of the Barons who seeing Themselves and their Wives and Children like to be ruined and depriv'd of their Estates which were given away to strangers desperately fell into another extreme solicited Lewis the French King's Son to take upon him the Crown of England wherein they promised by a free Election to invest him and to send Pledges for the performance which Message being well received a Parliament was called at Lyons by Philip the Father of Lewis and the business resolved upon whilst Lewis besides the hop'd-for the title of Election by those trusty Conservators of the Peoples Liberties for their own particular Interest more than the Peoples supposed that he had another title from his Wife Blanch Daughter of the Sister of the prosecuted King In whose behalf the Pope wrote to the King of France not to invade the King of England but rather to defend him in regard he was a Vassal of the Roman Church and the Kingdom by reason of Dominion appertaining unto it whereunto the King of France answered probably by the advice of the contending English Baronage That the Kingdom of England never was nor is nor ever shall be the Patrimony of St. Peter That King John was never lawfull King thereof and if he were he had forfeited it by the Murder of his Nephew Arthur for which he was condemned in his Court and could not give it away without the consent of the Barons who were bound in an Oath to defend the same and if the Pope should maintain this errour it would be a pernicious example Wherewith the Pope's Agents departing unsatisfied Lewis sent his Commissioners to Rome to declare his Rights and justifie his undertaking sets forth from Callis with 600 Ships and 80 other Vessels and landed with his Army at Sandwich King Iohn being then at Dover who upon notice of his great power and distrusting his Mercenaries committed the keeping of Dover Castle to Hubert de Burgh forsook the Field and with it himself and retired first to Worcester and after to Gloucester whereby Lewis having subdued the whole County of Kent Dover excepted came to London where he was joyfully received of the Barons and upon his Oath taken to restore their Laws and recover their Rights had Homage and Fealty done unto him Guallo the Pope's Agent follow'd the King to Gloucester shews him the Pope's care of him pronounced Excommunication against Lewis and all that took part with him Notwithstanding which small comforts in so many and great extremeties pressing hard upon him most of his Mercenaries left him and either returned into their own Countreys with such spoils as they had gotten or betook
Canterbury in the behalf of the State of his Oath made and taken by others for him upon the Peace made with Lewis for confirmation of the Liberties of the Kingdom for which the War was begun with his Father without which the whole State would again fall assunder and they would have him to know it betimes to avoid those miserable inconveniencies which might happen William Brewere a Councellor urging it to have been acted by constraint and therefore not to be performed Notwithstanding which it was at that time being the 7th year of his Reign promised by the King to be ratified and a Commission was granted by Writs unto Twelve Knights in every Shire to examine What were the Laws and Liberties which the Kingdom enjoyed under his Grandfather and return the same by a certain day which saith the learned and judicious Sir Henry Spelman were never returned or could not be found In the mean time the Earls of Albemarl Chester and divers of the Nobility assemble together at Leicester with intent to remove from the King Hubert de Burgh Chief-Justiciar and other Officers that hindred their motion but the Archbishop of Canterbury by his Spiritual Power and the rest of the Nobility being careful to preserve the Peace of the Kingdom stood to the King and would not suffer them to proceed therein so as they were constrained to come in and submit themselves And the King in Parliament resumed such alienations as had been made of the Lands appertaining to the Crown by any of his Ancestors to the end he might live of his own and not be chargable to the People The next year after being the 8th year of his Reign another Parliament was holden at Westminster where the King required the Fiftieth part of all the movables both of the Clergy and Laity but Mat. Paris more probably saith the Fifteenth for the recovering of those parts in France which had been held from the Crown being one and the same which is said in Magna Charta to have been granted as a grateful acknowledgment for the grant of their Liberties which though it concerned the Estates of most of the Nobility that had Lands therein would not be yielded unto but upon confirmation of their Liberties atque his in hunc diem prosecutis Archiepiscopus concilio tota Episcoporum Comitum Priorum habita deliberatione Regi dedere responsum quod Regis petitionibus gratunter ad quiescerent si illas diu petitas libertates concedere voluisset annuit itaque Rex cupiditate ductus quod petebant Magnates Chartisque protinus conscriptis Regis sigillo munitis in the next year after for the Charters themselves bear date in the 9th year of his Reign And the several Charters or Copies thereof were sent to the Sheriffs of every County and Twelve Knights were out of every County chosen to divide the Old Forests from the New and lay open all such as had been afforested since the first Coronation of King Henry II. Although at the same time or a little before or after it some of the Nobility who had formerly crowned Lewis of France King and had been the cause of King John's death for which they were banished the Realm endeavouring to return into England and to set up again the French King's Interest and domineer over the King and his faithful Councellors by circumventing Pope Honorius Hubert de Burgh Chief-Justice of England the Earl of Chester and seven other of the King's Councellors sent an Epistle to the Pope desiring him to assist the King and them and prevent those dangerous Plots and Designs And the King having sent also his Proctors to Rome upon the like occasion they returned him an account of a new Confederacy betwixt his discontented Barons and the French King to invade England and dispossess him of the Crown thereof adding thereunto quod Gallici praedicabant omnibus quod majores Angliae obsides offerebant de reddendo si●i terram ●um primo venire curaret ad illam adjicientes Si a●iquid in curia Romana contra voluntatem Regis Franciae attemptaretur incontmenter Rex transfretaret in Angliam Nor could any such authority accrue to them in or by those Charters called Magna Charta and Charta Forestae granted by King Henry III. his Son which were in very many things but the exmeplaria or patterns of that of King John in the like method and tenour containing very many Liberties and great Priviledges which were by King Henry III. as those Charters do declare of his own free accord granted and confirmed in the 9th year of his Reign to his Subjects and People of England Liberis hominibus Free-men or Free-holders for otherwise it would have comprehended those multitudes of Villains Bondmen and Bond-women which the Nation did then and long after employ and make use of and those very many men accounted by the Laws of England to be as dead men viz. Monks Fryers Priors and Abbots to be holden to Them and their Heirs of Him and his Heirs for ever But in those Charters or his confirmation of them in the 21st and 28th year of his Reign could not procure to be inserted or recorded those clauses which they had by their terrours gained from his Father in these words viz. Nullum scutagium vel auxilium ponam in Regno nostro nisi per commune consilium Regni nostri ad corpis nostrum redimendum ad primogenitum filium nostrum militem faciendum ad primogenitam filiam nostram semel maritandam ad hoc non fiet nisi rationabile auxilium simili modo fiat de auxiliis de Civitate Londinensi quod omnes aliae Civitates Burgi Villae Barones de quinque portubus omnes portus habeant omnes libertates omnes liberas consuetudines suas Et ad habendum commune concilium Regni de auxiliis assidendis aliter quam in tribus casibus praedictis scutagiis assidendis submoneri faciemus Archiepiscopos Episcopos Abbates Comites majores Barones Regni singillatim per literas nostras Et praetereà faciemus submoneri in generali per Vicecomites Ballivos nostros omnes alios qui in capite tenent de nobis ad certum diem scilicet ad terminum quadraginta dierum ad minus ad certum locum in omnibus literis submonitionis illius causam submonitionis illius exponemus sic facta submonitione negotium procedat ad diem assignatum secundum consilium eorum qui praesentes fuerint quamvis non omnes submoniti Nos non concedimus de caetero alicui quod capiat auxilium de liberis hominibus suis nisi ad corpus suum redimendum ad faciendum primogenitum filium suum militem ad primogenitam filiam suam semel maritandam ad hoc non fiat nisi rationabile auxilium but were constrained to omit altogether and forgo those clauses and provisions which
themselves they with a parcel of conscience not of God did treat with the particular Lenders of the Money to King James and for ten l. or a very little in every hundred comed and took up their Privy Seals but were unwilling to trouble the King with the thought●s thereof to the damage of him and disherision of the Crown of England and being taken notice of and complained of a Commission was granted unto the Lord ottington Sir Henry Vane and Sir Charles Harbord the Kings Surveyor to enquire thereof and certify the King thereof wherein they were so kind hearted and the matters so managed as no●hing more was heard thereof but the City of London continueth in possession of the said Manors and Lands or have spent the same in assisting the late horrid Rebellion against him and together with it the CityOrphans Mony for which it hath been reported they are willing to pay them by composition after the rate of 6d per. ponnd caused a Bill to be exhibited by his Attorney General in his Court of Starr Chamber against John Earl of Clare and Mr. Selden for having only in their Custody two Books or Manuscripts directed unto him by Sir Robert Dudley an Englishman living in Florence and stiling himself a Titular Duke of that Countrey endeavouring to instruct him in the method of raising Money by a Tax upon all the Paper and Parchment to be used in England caused Sir Giles Allington to be fined in the High Commission Court for Incest and the Lord Audley Earl of Castlehaven to be arraigned in the Court of Kings Bench for Sodomy whereupon after Tryal by his Peers he was Condemned and Beheaded suffered a great Arcanum Imperii in his Praerogative in taxing or requiring an Aid of Ship Money or for setting out a Navy of Ships when the Kingdom was in danger to be disputed in the Exchecquer Chamber by Lawyers and Judges which King Henry the fourth of France by a constant Rule in State Policy would never yeild to have done imitated by Queen Elizabeth who in some of her Charters or Letters Patents as unto Martin Forbisher a great Sea-Captain declared de qua disputari nolumus upon the case or question of 10 s. charged upon Mr. Hamdens Estate in Buckinghamshire of 4000 l. p. Annum wherein all that could be raked out of or by the Records of this Kingdom was put together by Mr. Oliver St. John and Mr. Robert Holborn theformer being after made Cheif Justice of the Court of Common Pleas by Hambden and the Rebel party and the later taking Arms for the King faithfully adhered unto him whereupon that cause coming to be heard all that could be argued for the not paying or paying of it of twelve Judges that carefully considered the Arguments and gave their opinions there were ten concurred in giving Judgment for the King and only two viz. Justice Hatton and Justice Crooke who having before under their hands concurred with all the other and suffered their subscriptions to be publickly inrolled in their several Courts at Westminster could find the way to be over-instrumental in setting our Troy Town all in Flames whilst that pious Prince being overburdened with his own more than common necessities did not omit any part of the Office of a Parens Patriae but taking more care for his People than for himself too many of whom proved basely and wickedly ingrateful called to accompt Lionel Cranfield whom he had made Earl of Middlesex and Lord Treasurer of England fined him in vast sums of money ordered him during his life never more to sit in the House of Peers in Parliament received a considerable part of his Fine and acquitted him of the residue And being desirous as his Father was to unite the Kingdom of Scotland in their Reformed Religion as the more happy Church of England was both as unto Episcopacy and its Liturgy that attempt so failed his expectation as a mutiny hapned in the Cathedral Church of Edenburgh and an old Wife sitting upon a Stool or Crock crying out that she smelt a Pape at her Arse threw it at the Ministers Head whereupon a great mutiny began and after that an Insurrection which to pacify the King raised a gallant Army of Gentry and Nobility with all manner of warlike provision and marched unto the Borders but found them so ill provided for defence as they appeared despicable yet the almost numberless Treacheries fatally encompassing that pious King persuading him not to beat or vanquish them when he might so easily have done it he returned home disbanding his Army and a close Favourite of Scotland was after sent to pacify them but left them far more unruly than before shortly after which Philip Nye a Factious Minister that should have been of the Church of England but was not with some other as wicked Persons were from England delegated to Scotland to make a Co●enant of Brotherly Rebellion against the King and accordingly the Scots being well assured that their Confederates in England would not hurt them marched into England with a ragged Army with Petitions to the King and Declarations of Brotherly Love unto too many of their Confederates seised by the cowardise or carelesness of the Inhabitants the Town of Newcastle upon Tine notwithstanding a small Army ill ordered was sent to defend it better than they did so as the Scotch Petitioning Army quartering there and in the Northern parts the King hastening thitherwards with Forces was persuaded to summon at Rippon a great Council of many of his Nobility whither too many of them that came being more affected to the Scotch Army that came like the Gibeonites with old Shoes and mouldy Bread were allowed to be free-quartered and a Parliament suddenly to be summoned at London whereby to raise money for the discharge of their Quarters Army charges in the mean time the Scotch their Commissioners with their Apostle Alexander Henderson have license to visit London where they are lamented feasted and visited and almost adored as much as St. Paul was amongst the Macedonians or the Brethren who cryed up their holy Covenant and Religion to be the best the Church of England with her Ceremonies Common Prayers and Potage not to be compared unto it the Parliament would help all and the Scots Commissioners were so popular and in request as they seemed for that time to govern both the City of London and Parliament and by their peace pride and plenty had generated Sedition and Faction and that combustible matter in England burst into a Fire which could not be quenched the Kings Privy Council could not please the five Members nor Kimboltons Ambition and Envy be satisfied without being made a great Officer of State but proved after to be a general of some associated Counties against the King God might be worshipped with a thriving Conscience and the people taken care for by plundering Sequestration Decimation Killing Slaying or Impoverishing the Common Wealth or Weal Publick Pym
and his Government to alienate the affection of his People and to make his Majesty odious unto them 3. That they have endeavoured to draw his Majesties late Army to disobedience to his Command and to side with them in their trayterous designs 4. That they have trayterously invited and incouraged a forreign Prince to invade his Majesties Kingdom of England 5. That they have trayterously endeavoured to subvert the very Rights and being of Parliaments 6. That for the compleating of their traiterous designs they have endeavoured as far as in them lay by Force and Arms to compel the Parliament to joyn with them in their traiterous designs and to that end have actually raised and countenanced Tumults against the King and Parliament 7. That they have traiterously conspired to leavy and actually have leavied War against the King Whereupon the House of Commonsin Parliament the 3d. of January 1641. did Order that if any person should seal up the Trunks or Doors of any Members of their House which in the case of the King for Treason was not certainly within the Virge of their Commission or purpose of their Election either by the King or their Countries or their Indentures or Wages allowed nor the Priviledge of Freedom from Arrest of their persons or goods whilst they are there in his important service they should require the Aid of the Constable who by his Oath of Allegiance was not to do it And in another Declaration of the 7th day of January 1641. Printed and Published which in this Kingdom or any other part of Christendom was never accustomed or allowed to be done were pleased untruly to affirm that the King having sent a Serjeant at Arms to their Speaker to demand the persons aforesaid accused and being denyed came the next day in his Royal Person to demand them with Halberts Swords and Pistols attending without at the Door who if they had been as dreadful as they would make it would have been but necessary lest he might have been Stabbed and Assassinated as Julius Caesar was unguarded in the Roman Senate Did declare that the Arresting of the said Accused Members or any other Members of Parliament by prretence or colour of any Warrant issuing from the King only as if they were assured of a Co-ordination with him is guilty of the Breach of the Liberty of the Subject and of the Priviledge of Parliament and a publick Enemy of the Common wealth and that the Arrestnig of any of the said Members or any other Member without a Legal proceeding against them is declared a publick Enemy of the Commonwealth notwithstanding they did declare that they would no● protect any Member that should be prosecuted by the King according to the Law of the Kingdom and the Rights and Priviledges of Parliament for Treason or any other Misdemeanor so as they which never were yet a Judicature or had ever any power to examine a Witness might be the Judges what was the Law or Treason and will be as willing that Justice be done against the Commons as to defend the just Rights and Liberties of the Subjects and Priviledges of the Parliament of England That the Priviledges of the Parliament and Liberties of the Subjects so violated and broken cannot be sufficiently vindicated a punctilio of Honour never before insisted upon by any of the Parliaments or Subjects of England to their Soveraign Kings or Princes without the delivering up unto them the names of those that advised or councelled him thereunto and the coming in his own Person the publishing of the said Articles and Printed Papers inform against the said Members to the end that such persons may receive condign punishment intending very likely to have it only left to their own lately self-erected Soveraignships The County of Buckingham Petitioned for Mr. Hambden and did adventure to say that in their Opinion his Majesties Accusation of him doth oppugne the Rights and Priviledges of Parliament which was according to the Protestation to defend the King and the Church and Commonwealth The House of Commons the 15th of January 1641. examined Sir Edward Herbert the Kings Attorney General upon several Articles concerning the Accusation for Treason against the Lord Kimbolton and the other Members and whether he would undertake or make good the said Articles or any of them if he shall be called before the Lords unto which he answered by my former expression you may discern what answer I cannot make or take to make one Title of them otherwise than as my Master hath informed me and enabled me for of my self I cannot nor will not do more than one that never heard of them Whereupon it was resolved by the House of Commons that the said Attorney General had broken the Priviledge of Parliament in praeferring the said Articles and that a Charge be sent up to the House of Lords in the name of the House of Commons against him to have satisfaction for the great scandal and injury which he hath done to the said Members unless by Thursday next he bring in and make good if he can the said Articles against the said Members or any of them The 4th of March 1641. the King from Royston in his Journey towards York being deterred from his Palace at Whitehall wrote to the Lord Chancellor commanding him to read unto the Lords the Copy of his Charge against the aforesaid Members and nominate a Committee to examine the Evidence thereof and also signified that what his Attorney General had done therein was by his command and according to his Duty But having declared that he found cause wholly to desist from prosecuting the said Members he had commanded him to proceed no further therein nor to produce or discover any proof concerning the same After many Messages and Petitions not to suffer the Queen to go with the Princess of Orange her Daughter into Holland nor to take the Prince into Yorkshire with him many Petitions and pretences to have the Militia put into their hands absolutely to secure them from their own coyned fears and jealousies and a denial of that but for a limited time they having also not failed in desiring strong Towns Castles Forts and Garrisons to be put into their Custody and voted Sir John Hotham one of their Members no Traytor after the King had Proclaimed him a Traytor for his denying him entrance when he Personally demanded it into his strong Fortified Town of Kingston upon Hull and a 2 or 3 Remonstrance over-boldly Printed and Published to Idolize themselves and inflame the silly people and made their Blockades Circumvallations Trenches and Mines about our Monarchy and too many of the deluded people ready to betray and deliver it up or gape at the spoil which might inlarge and better their formerly wicked conditions and appointed Deputy Lieuetnants and Commanders in every County and City took into their hands the Kings Navy with the profit of his Customs and all that they could by fear or fraud get into