the Nation which shâ—ws how far the publick Good was thought to be the Measure of the Obligation of these Oaths Gâ—â— Newburgeâ—sis saith L. 1. c. 30. the Bâ—num publicum was the Foundation of this Agreement A. 1153. And M. Westminster that the King and Lords did all swear to it and a solemn Charter was made of it and kâ—pt in a most secure place HISTORY M. W stm A. D. 1153 f. 246. n. 10 Diligentia Theobaldi Archiepiscopi Cantuartensi Episcoporum râ—gni Rex Anglorum Stephanus D x Nâ—â—mannorum Hâ—nricus apud Waâ—ingford talem concordiam inierunt c. By the D ligence of Theobald Archbishop of Canterbury and the Bishops of the Kingdom the following Agreement was made between King Stephen and Henry Duke of Normandy at Walingford King Stephen not having an Heir except only Duke Henry did acknowledge in an Assembly of the Bishops and other chief Men of the Kingdom that Duke Henry had the hereditary Right to the Kingdom of England and the Duke kindly granted that King Stephen should during his Life peaceably enjoy his Kingdom The Agreement was so co firmed that the King him elf and the Bishops then present with the rest of the best Men of the Kingdom sware that Duke Henry after the Death of the King if he should outlive him should enjoy the Kingdom without all Contradiction Oâ— which Agreement there was a Charter made which was kept in a most secure place Ibid. n. 20. This is what the Historian hath in both places cited by the Author The whole Charter is in Brompton Brompton col 1037. n. 60. and begins thus Stephanus Râ—x Angliae Archiepiscopis Episcopis Abbatibus Comitibus Justitiariis Vicecomitibus Bâ—ronibus omnibus fidelibus suis salutem Sciatis quod Ego Rex Stephanus Henricum Ducem Normanâ—â—ae post me Successorem regni Angliae hae edem meum jâ—re haereditario constitus sic e haeredibus suis regnum Ang iae donavi consiâ—mavi Dâ—x vero propter hunc honorem Donationem Confirmationem sibi a me factam Homagio michi Sacramento securitatem fecit scilicet qâ—od fidelis mâ—chi erit vitam honâ—rem meum pro suo posse custodiet per Convâ—ntiones inter nos praelocâ—tas quae in hac Charta continentur Stephen K ng of England c Know ye that I have appointed Henry Duke of Normandy Successor of the Kingdom of England after me and my Heir by hereditary Righâ— and so have given and confirmed the Kingdom of England to him and his Heirs For which Honour Donation and Confiâ—mation made by me to him he gave me Security by Homage and Oath that he would be faithful to me and preserve my Life and Honour to the utmost of his power according to the Agreements made by us which are contained in this Charter Neubrigensis speaking of this Treaty says L. 1. c 30. p. 104. In Paris Ed. 1610. Pâ—acuâ—t inter eos that is the King and Duke solemne salubre colleqâ—ium celebrari ubi amicis mediantibus circa bonum publicum pia prudenti provisione satagentibus pâ—x inter eos caute formata solide firmata est Tâ—ey agreed to have a solemn and wholsome Treaty where by the Mediation of Friends having a pious and prudent respect to the common Good a Peace was warily made and solidly confirmed Ibidem p. 105. Quibus Deo propitio salâ—briter actis Rex Angliam Anglia pacem recepit annis enim jamplurimis fere nudo regis nomine insignis tunc recipere visus est hujus rem nominis quasi tunc primo regnare coepit quia tunc primo purgata Invasionis Tyrannica macula legitimi principis justitiam induit Which things being done by God's Assistance the King received England and England received Peace for having had the bare name of King for many Years now he enjoyed the thing it self and began then first to reign because then the Blot of Tyrannical Invasion being first wiped out he exercised the Justice of a lawful King The Author 's further Words about this Accord p. 22. And thus the Oaths of Allegiance were continued to one that had no Right for his Life and made to one who predended to no R ght but after his Mother who was set aside in this Agreement for we never read that she was present at the Agreement or resigned her Right to the Crown So that here were three Oaths of Allegiance at once that to Maud the Empress that to King Stephen and to Henry II. and yet the general Good of the Nation must give an equitable Sense of these Oaths or there must be Perjury on all sides The Answer to what the Author says about this Agreement and the Exclusion of Maud c. By this Accord it was owned by King Stephen Bishops and Barons which were then the Parliament or Colloquium as the Author confesseth that thâ— hereditary Right was in Duke Henry and he granted that King Stephen during his Life should peaceably enjoy his Kingdom And if the Right was in Henry might he not recede from it if he pleased And the Agreement says he did during Stephen's Life This Retrocession made the Bishops and Barons Oaths to the Agreement lawful and if he had not some testimony of a Cession or Resignation by and from his Mother though not mentioned in the Agreement this Convention could not upon Stephen's Acknowledgment only have own'd his hereditary Right upon Oath And that by Cession or some other way she did quit and leave her Right to govern to her Son 't is most probable from what follows Mâ—nd the Empress Malmâ—b f. 104. a.n. 10. upon the death of her Father and the Invasion of Stephen on the 30â—h of September in the Year 1139 came into England with her Brother Robert and managed the War against him in her own Person her Son being but a Child He was born A.D. 1133. and her Husband engaged in the Defence of Normandy Anjon c. against the King of France Her three great Supports were her half Brother Robert Earl of Gloucester Ranulph Earl of Chester and Milo Earl of Hereford the last Chaon Gervas Col. 1359. n. 10 Col. 1361. n. 10. Col. 1362. n. 10. lin 1. to her very great Grief died in the Year 1143. the second made his Peace with King Stephen 1145. and the first Robert Earl of Gloucester died in the beginning of November in the Year 1146. of an high Fever after he had sent Henry then being about thirteen Years of Age over to his Father into Normandy After the loss of these Friends and Supports the Empress Ibidem Col. 1363. lin 1. wearied out with these Commotions and Wars in England before Lent in the Year 1147. passed over into Normandy chusing rather to live there with her Husband in Peace than undergo so many Troubles In the Year 1149. Ibidem Col. 1366.
n. 30. Col. 1367. n 30. Chr. Norm f. 984 B.C. A. D 1150 M Wâ—stin eod An. Henry came into England with an Army in the Month of May and returned into Noâ—mandy in the beginning of January next following without Success In the Year 1150. Henry took possession of his Mother's Inheritance haereditatem matris the Dukedom of Normandy and did Homage to Lewâ—s King of France for it his Father Geofrey being present both when he took Possession and did Homage and they returned together from Paris rejoicing and no doubt if they two were so well pleased with what had been done the Mother could not be dissatisfied nor could it be done without her Consent Ibidem D. A. D. 1150 On the 7th of September his Father Geofrey died and gave to Henry Dâ—ke of Normandy his eldest Son the Earldom of Anjou Henrico Duci Normanniae primogenito suo concessit Comitatam Andegavensem Chr. Gerv. Col. 1372. n. 30. The old Historians began the Yâ—ar at Christmas In the Year 1153. Duke Henry all things being quiet beyond Sea came with some Forces into England on the 1st of January His Câ—ming was no sooner known but the Earls and great Men flocked to him and upon the 8th of the same Month the Year following the Agreement was made between King S ephen and Duke Henry Matth. Westminster says it was made A. D. 1153. Chr. Norm f 1101. D A. D. 1166 From the time Maud the Empress left England in the Year 1147 she is not so much as mentioned by any Historian until the time of her death which was on the 4th of the Ides or 10th of September 1166. From these Particulars 't is most probable if not certain that she was satisfied with and consented to this Agreement either at the time it was made or by Cession from the Kingdom and Government by relinquishing it and leaving the whoâ—e Management to her Son who was now Duke of Normandy Earl of Anjou Ibid. f. 985. C. and in Right of his Wife Alienor Duke of Aquitain and being now above twenty Years of Age fit for Action When he came for England she was in her declining Age her Years being then about fifty and fixing her Mind upon Works of Charity she spent the rest of her Days in performing of them Ib. f. 1101. D. for she built three Monasteries in Normandy one of Cistersians in the Country of Caux another of Canons near Cherburgh and a third of Canons in the Forest of Goser and for the building of the Stone Bâ—idge of Rhoven over the River Seyn which had been begun by her she gave a great Summ of Money She was a Woman of a very brisk and high Spirit as appears by her Actions in England and after she left it she lived nineteen Years and twelve or thirteen after her Son was King So as if she had not relinquished her Right to England as she had done about three Years before this Agreement to Normandy the Historians could not have been so silent concerning her So that from hence 't is evident that such as had taken the three Oaths were safe for upon Maâ—d's Cession or relinquishing her Right the Obligation of the Oath made to her ceased Then the Oath made to Stephen seeing it was done by the Consent of Henry who had the Right became lawful And thirdly Theâ—e can be no Scruple about the Legality of the Oath made to H nry who upon the Cession of his Mother had the hereditary Right and this is suggested and owned in the Agreement But the Author says The general Good of the Nation must give an equitable Sense of these Oaths or there must be Perjury on all sides What could this general Good then be It could not be the Publick of the Nation in a true sense for the Buâ—k and Body of the People were English Saxons for though the Normans had taken away their Estates and made them Slaves as appears by Dooms-day-Book and the black Book in the Exchequer yet we read not that they massacred or murthered them And what general Good did they receive by or what equitable Sense did or could what was general Good to them give to the Normans Oaths For all the Bishops and Noblemen that took these Oaths were Normans All the Bishops Earls and Barons that were Witnesses to the Instrument of Agreement and sware to it in number thirty seven were Normans except Geofrey of Monmuth a Welshman or Britain then Bishop of St. Asaph That England was an Habitation of Strangers meaning the Normans and governed by Foreigners Malms f. 52. a. n. 40. Malmâ—bury wrote at this time and says when he wrote there was no natural Englishman a Duke that is a great or leading Man a Bishop or an Abbot all sorts of Outlandish-men devoured the Riches and Bowels of England nor was there any hopes this Misery would have an end Anglia facta est exterorum habitatio alieniginarum dominatio nullus hodie Anglus vel Dux vel Pontifex vel Abbas Advenae quique divitias viscera corrodunt Angliae nec ulla spes finiendae miseriae And in another place speaking of the Battle of Hastings he says Ibid. f 57. a. n. 30. That was the fatal Day to the English the lamentable Destruction of his sweet Country by its receiving new Lords and Masters Illa fuit dies fatalis Anglis funestum excidium dulcis patriae pro novorum Dominorum commutatione Let the Author tell the World how the general Good of a Nation that were miserable People and Slaves could give an equitable Sense of their Conquerors and cruel domineering Masters Oaths Let him shew how the general Good of any Nation can give an equitable Sense to the Oaths of such Men who were educated in Perjury Rapine Murther and and all sorts of Barbarities and Wickedness whose Gain and Advantage was the Measure of all their Actions In the Year 1104 or 1105 notwithstanding all the great Normans had swore Fealty to their true and lawful Duke Robert yet when Henry came from England with good store of Money they ran after him and delivered to him Castles and fortified Towns Eadmer f. 80. lin 1. A D. 1104. Hoved. f. 289 b. n. 30 A. D. 1105 Anno millesimo centesimo quinto Rex Anglorum Henricus transiit mare omnes autem pene majores-Normannorum ad ejus adventum spreto comite Domino suo cui fidelitatem juraverant in aurum argentum regis quod ipse de Anglia portaverat cucurrerunt eique castra munitasque civitatis tradiderunt It was the way in Normandy and from thence brought hither when any Earl or great Man found himself grieved by another injured or highly affronted they frequently got together all their Men at Arms their other Tenants and poor Dependants and as much Assistance from their Friends and Confederates as they could and burnt one anothers Castles or Houses destroyed their Lands and small Territories and
carried away the Inhabitants Prisoners The Norman Histories abound with these Stories Ordericus Vitalis in the Lives of Rufus Henry I. and this King Stephen especially hath many Relations of such inhumane Ravages And even at this very time the Norman Commanders and Soldiers and other Foreigners as well of Maud's as Stephen's Party practised the same Barbarities in this Nation The Country or Husbandmen such as ploughed and sowed such as cultivated Towns and Villages and the Inhabitants thereof were given to the Soldiers as their Wages and were sold with their Goods and Substance Contin ad Flor. Wig. f. 672. Militibus in stipendium dantur venunduntur vicorum villarum cultores habitatores cum rebus suis universis ac substantiis Cambden Brit f. 199 200. In this King's Reign there were in England so many Tyrants as there were Lords of Castles and many Flemings and Britains flocked to him from beyond Sea who were accustomed to live by plundering that came into England in expectation of geat Booty Malmsb. fol. 105. a. n. 20. Sub Stephano plures ex Flandria Britannia rapto vivere assueti spe magnarum praedarum Angliam involabant England was then made a Prey to all Invaders and Villains But the Author tells us that the general Good of these inhumane People did give an equitable Sense to the Oaths then taken If it were not as he says there must be Perjury on all sides for those who had first sworn to Maud could not transfer their Allegiance on any other Account that is of the general Good c. either to Stephen or Henry II. during her Life What was thought of the Perjury of those Times and especially of the Perjury of his three Bishops who were all Nâ—rmans which the Author calls transferring of Allegiance will be evident from the following Testimonies f. 221. a. n. 5. Henry Archdeacon of Hâ—ntington who lived and wâ—ote at this time and continued his H stâ—ry only unto the Year 1154 tells his Readers That in Succession of the most flâ—gitious time in which the Rage of the Norman Fury appeared whatsoever Henry hâ—d dâ—ne tyrannically or royally in comparison of worse things seemed to have been the best for immediately upon his death Stephen Vir magnae strenuitatis audacâ—â—e a Man of great Confidence and Boldness though he had sworn Fealty to the Daughter of King H nry fretus tamen vigore imp dentia furnished with Râ— olution and Impudence regna dâ—â—â—â—ma Dâ—um tentaâ—s invasit tempâ—ing God 〈◊〉 6. lin 1 c. invaded the Crown But alas Wil iam Archbishop of Canterbury who fiâ—st made Oath to the Daughter of Henry cr wned him for which Act God appointed the same Jâ—â—gment for him which he had done to the High Priest Jeremias â—hat is to say that he should not live a â—â—aâ— after Gul. Neub l. 1. c 4 p. 18 19. Cum ergo ut praedictum est â—ex ld â—ricus obâ—â—sset idem Stephanus Sacramentâ—â— q â—â— fiâ—â—ae ejus de conservanda fiâ—â—tate pâ—aesticerat p aevaricator regnâ—m arripuit Therefore as hath b en said when K ng Henry died Stephen bâ—â—ke his Oath of Fealty made to his Daught r and seized the Kingdoms the Bâ—shâ—ps and great Men that were bound by the same Oâ—th giving their Assi ance Archiepiscopus qâ—idem eâ—usdâ—m ut creditur perjuria merito ipso prâ—varicationas anno defecit And truly the Archbishop as it was believed for the same Câ—me of Peâ—jury left the World within a Year Ibid. p. 19. Stephanus ergo ut contra jus humanum pariter divinâ—m humanum scâ—â—icet quia legitimus heres non erat divinum id est violata jurisjurandi religione sublimaretur in regem pactus est quaecunque praesules proceres exigere voluerunt Stephen therefore because he was made King against both humane and divine Laws humane as not being the lawful Heir divine as having violated his Oath promised and agreed to do whatsoever the Bishops and Great Men exacted of him As to Roger Bishâ—p of Saâ—isbury if we may believe Malmsbury he sware to Maud what â—he never intended to perform The Testimony is from what the Hi â—orian heard him say Malmsb. f 99. b. n. 10. Ego Rogerium Saâ—esberiensem Episcopum saepâ—e audâ—vi dicentem solutum se a Sacramento quod Imperatrici fecerat c. I have often heard R ger Bishop of Salisbury say he was free from the Oâ—th he had made to the Empress becaâ—se he made it upon condition that the King should not marry his Daughter to a Stranger out of the Kingdom Nec vero haec ita dixerim quod credam vera fuisse verba hominus qui se unicuâ—que tempori pro volubilitate fortunae accommodare nosset Neither have I said these things that I b lieve the Mâ—n's Words to be true who knew how to comply with all Times and accommodate himself to every Turn of Fortune This Roger was an illiterate Pâ—iest Gul. Neub l. 1. c. 6. who got his Living by his saying M ss in the Suburbs of Caen in Normaâ—dy King Henry took him to be his Chaplain because he was ready at h s Office and a cunning crafty Man and promoted him to the Bishoprick of Saâ—â—bâ—â—y and not only so but committed to him the publick Administration of Secular Affairs Vt esset non tantum in Ecclesia magnus sed etiam in regno a rege secundus So as he was not only great in the Church but second or next to the King in the Kingdom Sed râ—ge defuncto Ibid. qui ei tantae in seculo claritatis author extiterat circa legitimos ejâ—s haeredes infidâ—s ut Stephanum sacramento illo aeque astrictum alliceret non est veritus incurrere perjurium verâ—m etiam aliis insigne pejâ—â—andi praestruxit exemplum But the King being dead who had made him so glorious in the World he proved unfaithful to his lawful Heirs that he might please Stephen who was bound by the same Oath did not only commit Perjury himself but became a famous Example to others to do the like As to the Third Henry Bishop of Wâ—nchester the Pope's Legat who was first mâ—de Abbot of Gâ—astenbury and then p omoted to that See by K ng Henry There needs no more to be said of him than that he first sware to be true to Maud and to maintain her Title after her Father's death yet used all the Endeavour that he could to set up his Brother Stephen by making the Clergy who then ruled all for him and then sware to be true to him When Stephen was beaten and made Prisoner by Maud he lefâ— him and sware again to Maud and when he was at liberty he left Maud and made Oath of Fealty to him again and continued Pope's Legat all the time The Conclusion of the Answer to this Instance shall be the Judgment and Opinion of Mr. Pryn in this very Case in
his Concordia Discors P. 33 34. first printed 1659 and reprinted 1683. The perfidious Vâ—olation of the Oath made to Maud in crowning Stephen after King Hâ—nrys death brought exemplary Judgments on the wilful Violators thereof and a bloody long lasting Civil War within the Bowels of the Realm between Maud her Son Henry and the Usurper Stephen to the great Oppression Devastation and Desolation of the Publick and People as our Hiâ— orians observe Hollinshed v. 3. f. 46. All the Good they hoped for by disinheriting Maud and crowning Stephen upon their own Terms against his own and their Oaths becoming void and null by his Perfidiousness through Divine Justice which will never permit any good things to spring out of such enormous Evils as Perjury and Treachery which produced sundry Judgments and Civil Wars never ceasing till Henry the right Heir was restored to the Crown by a friendly Agreement the only probable speedy way now to end our present Wars oppressions distractions Military Government and restore Peace and Prosperity in our Nations As to his Instance about Oaths taken during the Controversies between the Houses of York and Lancaster a true Transcript of the Parliament-Rolls will be the bâ—st and plainest Answer which here follows Memorand that the xvj day of Octobre Rot. Parl. 39 H. 6. n. 10. the ix day of this present Parlement The Counseill of the right high and mighty Prince Richard Duc of York brought into the Parlement chambre a Writeing conteigning the cleyme and title of the right that the seid Duc pretended unto the Coroâ—es of Englond and of France and Lordship of Ireland and the same Writeing delivered to the right reverent fadre in God George Bishop of Excâ—stre Chauncellour of Engâ—ond desiring him that â—he same writeing might be opeâ—ed to the Lordes Spirituelx and Temporelx assembled in this present Parlement Aâ—d that the seid Dâ—c myght have brief and exp dient answere thereof wheruppon the seid Chauncellour opened and shâ—wed the seid desire to the Lordes Spirituelx and Temporelx askyng the Ques ion of theym whether they wold the seid writeing shuld be openly radde before them or noo To the which Question it was answâ—red and agreed by all the seid Lordes Inasmuch as every persone high and lowe saying to this high Court of Parlement must be herd and his desire and peticion understand that the seid writeing shuld be radde and herde not to be answâ—red without the King's Commaundement for so much as the matter is so high and of so grete â—â—ght and poyse which writeing there than was radde The tenour whereof followeth in these words It is not to be forgotten n. 11. c. as in Numb 19. followeth And afterward the xvij day of Octobre n. 12. the x day of this present Parlement the seid Chauncellour shewed and declare to the seid Lords Spirituelx and Temporelx being in the same Parlement how that the Counseill of the seid Duc of York gretly desired to have answer of such writeing as upon the xvj day of Octobre last passed was put into this present Parlement on the behalf of the seid Duc and thereupon asked the seid Lordes what they thought was to be doon in that mâ—tier To the which Question it was answered and thought by all the said Lordes That the matter was so high and of such might that it was not to eny of the King 's Sâ—bgeâ—â—s to enter into communication thereof without his high commaundement agreement and assent had therto And feâ—thâ—rmore forasmuch as the seid Dâ—c dâ—sired and required brief and unâ—â—â—aied answere of the seid wryteing and in eschneing and avoyding of gâ—ete and manyfold inconveniences that weren lykly to ensue if hastly provision of good answere in that behalfe were not had it was thought and agreed by all the Lordes that they all shuld goe unto the King to declare and open the seid matier unto hâ—s Highness and to understand what his good Gâ—ace wold to be doon se ther therin And the uppon incontinent all the seid Lordes Spirituelx and Temporelx went unto the King 's high pâ—eâ—ence and therunto openâ—d and declaâ—ed the seid matâ—er by the mouth of his seid Chauncellour of England and the seid mateâ—r by the King's Highness herd and conceyved It pleased him to pray and câ—mmand all the seâ—d Lordes that they shuld sâ—che for to fynde in as mâ—ch as in them was all such things as mâ—ght be objecte and laide aâ—enst the cleyme aâ—â— title of the seid Duc. And the seid Lâ—rdes bâ—â—aught the King that he wold remember him yf he myght fynd eny resonable matier that myght be objected ayenst the seid cleym and title in so moche as his seid Highness had seen and understonden many divers Writeings and Chronicles wheruppon on the morne the xviij day of Octobre the xj day of this present Parlement the foreseid Lordes sent for the King's Justices into the Parlement-chambre to have their Avis and Counseill in this behalf and there delivered to them the writeing of the cleyme of the seid Duc and in the King's name gave them straitely in commaundement sadly to take avisament therin And to serche and find all such objections as myght be leyde ayenst the same in fortefying of the King 's right Whereunto the same Justices the Monday the xx day of Octobre then next ensuing for their aunswere upon the seid writeing to them delivered seiden that they were the King's Justices and have to determine such matiers as come before them in the Law between partie and partie they mey not be of Counseill Anâ— sith this matier was betweene the King and the seid Duc of York as two paâ—ties and also it hath not be accustumed to calle the Justices to Counseill in such matiers and in especiall the matier was so high and touched the King's high Estate and Regalie which is above the law and passed their lerning wherefore they durst not enter into eny communication thereof for it perteyned to the Lordes of the King's blode and thapparage of this his lond to have communication and medle in such matiers And therefore they humble by sought all the Lordes to have them utterly excused of any avyce or counseill by them to be yeven in that matier And then the seid Lordes considering the aunswere of the seid Juges and entending to have the avice and good counseill of all the K ng's Counseâ—llours sent for all the King's Sergeauâ—ts and Attournay and gave theym straight commaundement in the King's name that they sadly and avisely shuld serche and seke all such things as might be best and strengest to be allegged for the King's availe in objection and deferyng of the seid title and cleyme of the seid Duc. Whereunto the seid Sergeaunts and Attourney the Wensday then next ensuring answered and seiden that the seid matier was put unto the King's Justices and how the Monday last passed the same Justices seiden and declared to the seid Loâ—des that the seid matier
Edward III. and younger brother of Leonell temerously ayâ—nst rightwiseness and justice by force and armes ayenst his feâ—th and ligeance rered-werre at Flynt in Wâ—les ayenst the seid King Richard him toke and impâ—esoned in the Towre of London of grete violence And the samâ— King Richard so being in prison and lyvying usurped and intruded upon the Roiall Power Estate Dignity Preeminence possessions and Lordships aforeseid taking upon him usurpously the Corone and name of King and Lord of the same Reaume and Lordship and not therwith satisfied or content but more grevous thyng attempting wykidly of an unnatural unmanly and cruel Tyranny the same King Richard King enoynted coroned and consecrate and his Liege and most high Lord in the Eâ—th ayenst God's Law Manne's Ligeance and Oâ—ch of Fidelite with uttermost puâ—icion attormenting murdered with most vyle heynous and lamentable death Ibid. n. 10. And that the same Henry unrightwisely ayenst Lawe Conscience and Custume of the seid Reaume of Englond usurped upon the seid Corone and Lordship And that he and also Henry late called King Henry V. his sonâ—e and the seid Henry late called King Henry VI. the sonne of the seid Henry late called King Henry V. occupied the seid Reaume of Englond and Lordship of Irelond and exercised the governaunce therof by unrightwise intrusion and usurpation and in noon otherwise 'T is true the Distinction of a King de facto and de jure was first heard of in this very Parliament which declared the hereditary Right of the House of York in in the First of Edward IV. cap. 1. in print which agrees with the Record in the Parliament-Roll n. 41. and not before but not started then by the Lawyers to fiâ—d a sufficient Salvo for the Kings of the House of Lancaster but an Expression intended by Parliament before they used it to denote and make known an unlawful pretended or pretensed Kâ—ng that had not obtained the Crown by just Title or to signifie an Usurper by way of Antithesis or Contradistinction to a K ng de jure or in Right For this very Parliament that had declared Henry IV. V. VI. Usurpers calls them all in this Act or Statute Kings de facto or in Deed and not in Right and their Reigns pretensed Reigns and very often affiâ—ms them to be but pretensed Kings such as did not reign lawfully nor possess the Crown by just Title And that this was the intention of the Parliament in the use of this Expression the Statute it self will inform the Author or any indifferent Reader that will peruse it The Lawyers did not comment or descant upon these Words or declare what power a King de facto had before Easter-Term in the Ninth of Edward IV. and then they acknowledge Henry VI. King de facto in the Instance to have been an Usurper and that he was not King forsque per usurpacion but by Usurpation This Ninth of Edward IV. was a troublesome Year and Make-king Warwick in all probability with many others of the Nobility were at this very time contriving against him and to re-inthrone King Henry for in July following he was in opeâ— Rebellion against King Edward and about the end of that Month or beginning of August madâ— him Prisoner who soon made his Escape left the Nation and went into Holland c and on the sixth of October in that Year Henry VI. was restored The Earl of Warwick was popular almost beyond Imagination and probably the Lawyers during the Contrivance when thâ—y saw the People move that way might start such Notions about the Power of a King de facto as might encourage the Undertaking of Wâ—â—wick and his Friends for Henry VI. against Edward IV. 'T is observable that the Judges did not argue or give any Opinion in this Case but only the Serjeants and Apprentices of the Law as appears in the Câ—se it self Third Institut fol. 7. Sir Edward Coke hath out-done the Year-Book 9. Ed. IV. Term. Pasch concerning whole Opinion the Author may read Mr. Pryn Pag. 482 c. in his Plea for the Hoâ—se of Lords This is a brief Account of a King de facto and the Origin of the Expression by which it is most manifest that by the Parliament-Roll the Statute and Case of the Ninth of Edward IV. he is no other than a pretensed unlawful King and an Usurper though set up as the three Henries were and therefore the pretended Distinction is idle as may also further appear by the following Statute which because not common is here recited at large Statutes at large 17. Ed. IV. c. 7. Item Whereas in the most dolorous Absence of ouâ— Soveraign Lord the King out of this his Realm being in the parties of Holland and before his victorious Regress into the same Realm Rot. Parl. 17. Ed. IV. n. 34 This Writ of Summons to the Parliament is dated 15. Octobr. Rot. Cl. 49. Hen. VI. M. 6. Dors in a pretensed Parliament unlawfully and by usurped Power summoned by the Rebel and Enemy to our Sovereign Lord the King Henry VI. late in Deed and not of Right King of England holden in the Palace of Westminster the 26th Day of November in the Ninth Year of our Sovereign Lord the King that now is under the coloured Title of the said Henry the Forty ninth Year of the Incoation of his pretensed Reign and the First Year of the Readeption of his usurped Power and Estate divers and many Matters were treated communed wrought to the destruction and disherison of our Sovereign Lord the King and his Blood Royal by the Labouâ— and Exhortation of Persons not fearing God nor willing to be under the Rule of any earthly Prince but inclined of sensual Appetite to have the whole Governance and Rule of this Realm under their Power and Domination Which Communications Treaties and Workings do remain in Writing and some exemplified whereby many Inconveniences may ensue to our said Sovereign Lord the King and his Blood Royal which God defend and all Noblemen at this time attending about the King and all his other Liege People and Subjects unless due Remedy be provided in this behalf Our said Sovereign Lord the King by the Assent of the Lords Spiritual and Temporal and at the Request of the Commons in the said Parliament assembled and by the Authority of the same For the Surety of his noble Person his noble Issue and the inheritable Succession of the same and for the Surety of all the Lords Noblemen and other his Servants and Subjects hath ordained and stablished that the said pretensed Parliament with all the Continuances and Circumstances depending upon the same be void and of none effect and that all Acts Statutes Ordinances Treats Communications Conventions and Workiâ—gs in the same pretensed Parliament treated communed accorded wrought had or by Authority of the same Parliament enacted and ordained and all Exemplifications made upon the same or any part of them and every of
them shall be reversed cancelled void undone revoked repealed and of no foâ—ce nor effect Henry VI. was a King de facto according to the Author's Description as well before at and after this Parliament in the Ninth of Edward IV. and Forty ninth of Henry VI. and is said to be in this Statute yet in all these Times he is declared an Vsurper at this time a Rebel and his Reign a pretensed Reign and this Parliament is also declared a pretensed Parliament Statutes at large 1. Hâ—n VII cap. 6. Richard III. was acknowledged to be a King by a Parliament of his own calling and was according to the Author's description a King de facto yet in the First of Henry VII he is declared an Vsurper of the Realm and not so much as allowed the name of King or pretensed King in that Statute After the King de facto and Vsurper Enquiry is to be made what Right and Title a King de jure may pretend to the Crown accordiâ—g to the Constitution Law and Statutes of thâ— Kingdom and it appears by the following plain Proofs that it is onâ—y by Descent and not oâ—herwise This is an hereditary successive Moâ—archy and immediately upon the Death oâ— Cession of th Predecessor the Crown is vested in the lawful Successor by Inheritance and Proximity of Blood Which appears 1. By the Record before cited of the Compromâ—se and Agreement between Râ—chard Duke of Yo k and Henry VI. in the Thiâ—ty â—inth Yâ—ar of his Râ—ign wherein he makes his Claâ—m only by lineal Dâ—scent He exhibited only a bare Title by Descent and Proximity of Bâ— od which could not be denied and upon such shewing of his Right the Lâ—rds concluded it could not be defeatâ—d Rot. Parl. 1. Edw. IV. n. 10. This was pâ— t of the Petâ—tion and Declaration of the Commons before mentioned and pâ—ssed into an Act. n. 15. notwithstanding what King Henry's Council could say againâ—â— it 2. By the Râ—cord of the First of Edward IV. Thâ— Commyns being in this present Parlement having sufficient and evident knâ—wlege of the seid unrightw se Vsurpation and Intrusion by the sâ—id Henry late Erle of Derby upon the s â—â— Câ—rone of Englond knowing also certaiâ—ly without doubte or ambiguite thâ— Right and Title of our seid Soverayne Lord therunto true and that by God's Law Manne's Law and Law of Nature he anâ— none other is and owe to be their true rightwise and natural Liege and Soveraign Lord and that he was in Right from the deth of the seid noble and famous Pâ—iâ—ce his Fader very just King of the seid Reaume of England And yet his Father was never possâ—ssed of the Crown 3. Ibid. n. 10. And that the Takeing of Possession and Entree into the Exercise of the Roiall Estate Dignite Reign and Governaunce of the seid Reaume of Englond and Lordship of Irelond of our seid Soverayne Liege Lord King Edward IV. the seid 4th Day of March That Day he took Possession of the Crown and Government Ibid. n. 11. and the Amocion of the seid Henry late called King Henry VI. from the Exercise Occupaâ—ion Usurpation Intrusion Reigne and Gâ—vernaunce of the seid Reaume and Lordship doon by our seid Soverayne and L ege Lord King Edward IV. the seid 4th Day of March was and is rightwiâ—e lawfull and according to the Lawes and Cu â—umes of the seid Reaume and soe owe to be taken holden reputed and accep ed. And over that that our seid Sovâ—rayne and Liege Lord King Eâ—ward IV. the seid 4 h Day of March was lawfully seaâ—ed and possessed of the seid Corone of Englond in his seid Right and Title and from thenceforâ—h hâ—ve to hym and his Heires K ngs of Eâ—glond all such Manners Castells Lordships Honoures Londs Tenements Rentes Services Fees Fee-farm Rentes Knights Fâ—es Avousons Gyftes of Offices to yere at his pleasure Feires Markets Iss es Fynes and Amerciamentes Libertees Franchises Prerogatifs Eâ—chetes Custumes Reversions Remeyâ—ders and all other Hereditamentes with her Appurtenaunces whatsoever they bâ— in Englond Wales and Irelond and in â—aleys and the Marches therof as the seid King Richard had in the Feâ—â— of S. Matthew the Apostle about three Weeks before he was deposed the Twenty third Yere of his Reigne in the Right and Tâ—tle of the Corone of Englond and Lordship of Iâ—elond and shâ—ld afâ—er his Decesse have descended to the sâ—id Edmund Mortymer Erle of Marche Sonne of the seid Roger Mortymer Erle of Marche as to the next Heire of Blode of the same King Richard after his deth yf the seid Usurpation had not been committed or after the seid Edmund to his next Heire of Blode by the Lawe and Custume of the seid Reaume of Englond 4. The general Opinion of the Nâ—tion in these Times that the Right and Title to the Crown was by Inheritance only and Proximity of Blood caused Henry IV. â—o claim it Rot. Parâ— 1. Hen. IV. n. 53. Rot. Parl. 1 Râ—c III. in Exact Abridgment fol. 712 713 714. al 's descendit be ryght Lyne of the Blâ—de comeynge fro the gude Lord Henry Therde And for the same Reason Richard III. was by the three Estates that is to say the Lords Spi itual and Temporal and Commons in Parliament assembled declared to be undoubted Heir of Richard Duke of York Father to Edward IV. very Inheriter of the Crown of England and Dignity Royal and as in Right King oâ— England by way of Inheritance Tâ— ssel's Câ—ntâ—n fol. 231. All this was insinuated by himself in his Answer to Buckingham's Speech when he took upon him Kingship Likewise Henry VII upon the same Account prefers his Title by Conquest and Succession before that by Act of Parliament which Pope Innocent VIII In Cotton's Library Cleopatra E. 3. in his Bull of Confirmation of his Title says belonged to him non modo jure belli ac notorio indubitato proximo successionis titulo verum etiam omnium Praelatorum Procerum Magnatum Nobilium totiusque ejusdem regni plebis Electione noch decreto statuto ordinatione ipsius Angliae regni trium Statuum in ipsorum Conventu Parlamento nuncupato Bacon's History of Henry VII f. 1. 3. Not only by Right of War being saluted King by the Army in Bosworth-Field and had there King Richard's ornamental Crown put on by Sir William Stanley and the notorious and indubitable next Title of Succession but also by the Election of all the Prelates and Great Men of the who e Commonalty of the Kingdom of England and by a known and decreed Statute and Ordinance of the three Estates of the same Kingdom of England in their Meeting called a Parliament But that he thought himself most safe in the Pope's Confirmation is clear for that in the Thirteenth Year of his Reign he procured the Bull to be renewed and the Act of Parliament confirmed by Pope Alexander VI. Cotton Lib. ut supra under pain of Excommunication and Curse to such as should upon any pretence whatsoever disturb the Peace of the Nation and create Troubles against the Title of Henry VII Henry VIII in all his extravagant Acts concerning his Queens and the Succession founded them in pretended legal Proximity of Blood according to the due course of Inheritance the pretended want of which was the Ground and Suggestion still for passing those Acts. See 25 Hen. VIII cap. 22. 28. Hen. VIII cap. 7. And 35. Hen. VIII cap. 1. 5. Statut. 1. Mar. Sess 2. cap. 4. Where it hath pleased Almighty God the 6th Day of July last past to call out of this transitory Life unto his Mercy our late Sovereign Lord King Edward VI. by and immediately after whose decease the Imperial Crown of this Realm with all Dignities Dominion Hâ—nours Pre-eminencies Prerogatives Stiles Authorities and Jurisdictions to the same united annexed or belonging did not only descend remain and come unto our most dread Sovereign Lady the Queen's Majesty but also the same was then immediately and lawfully invâ—sted deemed and adjâ—dged in Her Highness's most Royal Person by the due Course of Inheritance and by the Laws and Statutes of this Râ—alm 6. Stat. 1. Jac. cap. 1. The Act of Recognition in the First of King James doth not take notice of Henry VII his Title but of his Daughter Margaret's as descended from Elizabeth her Mother Daughter and Heir to Edward IV. and declare that he was lineally rightfully and lawfully descended or the Body of the most excellent Lady Margaret eldest Daughter of the most renowned King Henry VII and the high and noble Princess Queen Elizabeth his Wife eldest Daugâ—ter of King Edward IV. In consideration whereof the Parliament doth acknowledge King James their onâ—y rightful Liege Lord and Sovereign and further say as being bound thereunto both by the Laws of God and Man they do recognize and acknowledge that immediately upon the Dâ—ssolution and Decease of Elizabeth late Queen of England the Imperial Crown of the Realm of England and all the Kingdoms Dominions and Rights belongâ—ng to the same did bâ—â—â—erent Birth-right and lawful and undoubted Succession desâ—â—nd and come to His most Excellent Majesty as being lineaâ—ly justly and â—lawfully next and sole Heir of the Blood Royal of this Realm as it is aforesaid In the First of the same King there was a Conspiracy formed against him by Persons of divers Persuasions Term. Miâ— 1. Jac. kept at Winchester Watson and Clerk two Priests pleaded it could not be Treason because he was not crowned All the Judges resolved That King James being right Heir to the Crown by Descent was immediately upon the death of Queen Elizabeth actually pâ—ssâ—ssed of the Crown and lawful Kâ—ng of Eâ—gland before any Proclamation or Coronation of him which were but Ceremonies For their Treason they were condemned and executed at Winchester the 29th of November These are impregnable Proofs from thâ— Constitution Laws and Statutes of this Nation what the Right and Title to the Crown is and to whom the Succession is due FINIS
c. and under the name of Danes †Aelfred vit f. 10. c. 14. ever since the beginning of King Egbert having by continued Invasions and Piracies harassed and grievously wasted and molested England in the Reign of King Aelfred by pact and bargain between him and Guthran enjoy'd East Saxony or Essex and the County of the East Angles and as * Faedus Aelfr Guthr c. 1. Lamb. fol 36. some say a far greater part of the Nation In King Ethelred's Reign Swane King of Denmark with a great Army Invaded and made himself Master of the whole Nation forcing Ethelred and his Wife Emme Sister to Richard the Second Duke of Normandy with their two Sons Edward and Alfred into that Country The Danish Kings stayed not long here after Swane had conquer'd the Kingdom they all four Reigned not much above 25 years their only Title was the Sword notwithstanding they either brought hither the custom of the Predecessors naming or giving the Kingdom to his Successor as probably it might have been some times practis'd in their own Kingdoms or used it as they found it here practis'd in cases of Necessity and in their Childrens Minority by the Saxon Kings †Encomium Emmae pr. by du Chesn amongst the old French Histor fol. 164. B. Swane made his Son Cnute his Successor He married Emme the Widow of Ethelred by whom he had his Son Harde Cnute To him his half Brother Cnute gave all that had been any ways under his Government but he being then in Denmark * Ibid. C. Harold possessed himself of the Kingdom who was a Bastard Son of a Maid Servant brought into his Concubines Chamber and imposed upon him by her Fol. 174. A. B. and for this reason Elnoth Archbishop of Canterbury refused to Consecrate him King and to deliver him the Crown and Scepter After the death of Harold Harde Cnute called his half Brother Edward by his Mother Emme afterward called the Confessor out of Normandy and caused him to live with him and dying within less than two years after left him Heir of his whole Kingdom Gul. Gemeticens l. 6. c. 9. Totius regni reliquit haeredem And he not long before he died made William the Conqueror his Successor Anno eodem viz. 1065. Note the Reason Rex Edwardus senio gravatus cernens Clitonis Edwardi nuper defuncti filium Edgarum Regio folio minus idoneum tam corde quam corpore Godwinique Comitis multam malamque sobolem Quotidie super terram crescere ad Cognatum suum Wilhelmum Comitem Normanniae animum apposuit eum sibi succedere in regnum Angliae voce flabili sancivit In the same year King Edward growing infirm with Age perceiving Edgar Aetheling the Son of Prince Edward lately Deceased neither in Mind nor Body fit for the Government nor to bear up against the growing Power and Malice of Godwin's Sons thought upon his Cousin William Earl of Normandy Fol. 511. b. n. 30. and by a firm Declaration Decreed he should be his Successor in the Kingdom Ingulph that Reports this was at the very time Secretaty to this William Earl of Normandy and after he had given him a great Character for his Courage Conduct and constant success in War his Justice Religion and Devotion subjoyns that King Edward sent Robert Archbishop of Canterbury as Envoy to him to let him know he was designed his Successor in his Kingdom Which probably he would never have done if this and the like Donations had been question'd in those days Nay †Review of Tyrhs p. 482. Mr. Selden says This Donation was a lawful Title William Rufus had the same Right and Title of Succession by the Donation of his Father and as his Testamentary Heir * Fragmt de vitâ Gul. long f. 32. n. 20. 30. 40. Orde Vit. f. 39. C. D. Ralph de Diceto Dean of St. Paul's who lived in or very near the time says †Col. 505. n. 40. 50. That Hugh Bigod Steward of the King made speed out of Normandy where King Henry died into England and made Oath before the Archbishop of Canterbury That upon his Death bed upon some Differences that hapned between him and his Daughter the Empress did disinherit her and made Stephen Earl of Boloign his Heir Whereupon William Archbishop of Canterbury giving too much credit to the Words of the Steward consecrated Stephen Earl of Mortaign King at Westminster If this should be true he succeeded as Testamentary Heir to King Henry King John was Testamentary Heir to his Brother Richard who upon his Death-bed when he despaired of Life devised to his Brother John the Kingdom of England and all other his Lands and made all present swear Fealty to him and commanded that his Castles and Three parts of his Treasure should be delivered to him * f. 449. b. lin 37. Wals Hypodig Neustriae f. 457. n. 40. Roger Hoveden who was a Domestick in the Family of King Henry II. and wrote at this very time delivers this King John before he left the World made Henry his First-begotten Son his Heir Paris who * f. 288. lin 2. Mat. West f. 276. n. 40. writes this was Historian to this Henry After what hath been premised the Author's History comes to be considered upon his first Query which he maintains upon Instances in the Saxon Norman and subsequent times The Author's Words P. 13. As to the former I say the resolution of Conscience in this case doth not depend upon the Will and Pleasure of the Person to whom the former Oath was made but upon the ground on which it was made and from which it had its force to oblige and if those cease the obligation of the Oath ceases together with them And whether they do or not no particular Person is so fit to judge as the Three Estates of the Realm as I shall now prove from several remarkable Instances to this purpose in our Histories and Parliament Records whereby I shall make it appear that when a Dispute hath hapned about the Right of Succession and to whom the Oaths of Allegiance were to be made they have looked on it as their proper Right to limit the Succession and determine the Oaths The Author's Words and Application continued ibid. p. 13. V nder the British Government we find a considerable Instance to our purpose Vortigern A.G. 454. Magnates Brit. Regem Vortigernum penitus deserentes unanimiter filium suum in Regem sublimaverunt Mat. West p. 83. the British King had enter'd into a Secret League to bring over the Saxons upon which the Great Men of the Nation deserted him and chose Vortimer in his room he was his eldest Son Here it is plain they thought the introducing a Foreign Power a sufficient discharge of their Obligation to him it being so directly contrary to the publick Good of the Nation although Vortigern gave them no Discharge In the Desertion of Vortigern
were his Saxon and Danish Instances and whatever appears by those Instances to have been done was done by a Party as hath been shewn from undoubted History and not by Representatives of the Nation yet such Party or Parties he calls the States of the Realm as his Tutor Robert Parsons the Jesuit alias Doleman hath taught him especially in the 4th 7th 8th and 9th Chapters of the first part of his Conference about the Succession to the Crown of England where are to be found all the Author 's Saxon and Danish Instances urged and applied in the same manner and to the same purpose as they are in this Author and also his two Norman Instances that of Maud the Empress Hen. 2 and King Stephen the other of the two Houses of Tork and Lancaster in his Second Part of the Conference cap. 2. and 3. and likewise in Mr. Pryns first Part of the Sovereignty of Parliament and Kingdom p. 7 8 9. and the two Norman Instances p. 94 95. Mr. Pryn followed Doleman who says all Kings that take Coronation Oaths are Elected Conf. of Success part 1. cap. 5. and all Invaders or Intruders that set up themselves by the help of a Party only were Elected and set up by the States or Commonwealth Those Parties the Jesuit calls the State or Commonwealth Mr. Pryn calls Parliament or Kingdom in the very same Instances but this Author is best pleased with the Jesuits Expressions and useth them most frequently But if he had consider'd what Mr. Pryn hath written since the year 1648. and in that year against his own former Notions and Opinions about the Sovereignty of Parliament and Kingdom c. especially his Plea for the House of Lords his four Parts of a brief Register of Parliament Writs his Animadversions upon Coke's 4th Institute and many other Writings and the Epistles to them He would never have Publisht such Instances baffled by him and many others If the States as he calls them had had upon the Consideration of Publick Good the Power he speaks of and that it was known and legal or if the Crown had according to the Constitution been at their Disposal supposing the Saxon Estates had freely chosen Canutus as he vainly Asserts what could prompt him to cause Edwin Flor. Wig. A. D. 1016. Edmond Ironside's Brother to be murder'd and to send his two Sons Edward and Edmond to the King of Sweves that they also might be murder'd And if the Succession had not been notoriously wholly and completely Hereditary what need he to have feared the Title and Succession of the Sons and Brother of Edmond if it had been true what the Author insinuates that he was legally Elected and upon account of the Publick Good Besides imposing Parties small Numbers and Factions upon his Readers and calling them the States he hath another pretty knack of imposing upon them by telling them Oaths made to foreign Kings such as the Danes were and forced upon the Nation by Foreign Armies was transferring of Allegiance as if the People then were wonderfully pleased and satisfied with their new Masters From these Instances and Topicks he might as well have proved that because this Nation hath been overrun and possest by Saxons and Danes with their miscellaneous Assistants therefore it may be expedient it should be so again They seem to be Arguments to encourage such another undertaking rather than any thing else After the Saxon Constitution he comes to the Norman and there makes only two Instances The words of the Author p. 20. The first Instance I shall bring is in the Case of the Oath taken to Maud the Daughter of Hen. 1. in the Thirty first year of his Reign and there is no question but he designed signed her to succeed him Malmsb. Hist novest l. 1. p. 100. 105. 2. legitima perenni successione as Malmsbury's words are but Stephen who had before sworn Allegiance to her watched his opportunity and by the help of a Party made by his Brother the Bishop of Winchester he was Crowned King and although at first Malmsbury saith but three Bishops and very few Noblemen joyned with him yet he soon after saith that most of them went into him and even Robert of Gloucester King Henry the first 's natutural Son took an Oath to him but with the Condition of his preserving his Honour and Covenants There are several things worth our observation in this affair with respect to the Oaths of Allegiance HISTORY Malmsb. f. 99. a. n. 30. Anno 27. Regni sui Rex Henricus Angliam venit mense Septembri adducens secum filiiam suam c. In the 27th year of his Reign King Henry came to England in the Month of September and brought with him his Daughter He called together at Christmas a great number of the Clergy and chief Men of the Kingdom at London and being much grieved he was like to have no Children by his Second Wife the â—uke of Lorrain's Daughter he was very thoughtful about a Successor and having a long time before deliberated about that matter Tunc in eodem Concilio omnes totius Angliae Optimates Episcopos etiam Abbateâ— sacramento adegit obstrinxit ut si ipsi sine haerede masculo decederet Matildam filiam suam quondam Imperatricem incunctanter sine ulla retractatione Dominam reciperent Then in the same Council he bound all the chief men of England the Bishops also and Abbats by Oath that if he should die without Heir Male they should forthwith without retraction or revoking their Oath receive his Daughter Maud late Empress for their Queen Having before told them what a great loss the Nation sustein'd by the death of his Son William to whom by right the Kingdom belonged and now that his Daughter survived to whom only the lawful Succession was due from her Grandfather Uncle and Father that were Kings and from the Stock of her Mother many Ages Ibid. n. 40. cui soli legitima debeatur successio ab avo avunculo patre regibus a materno genere multis retro seculis siquidem ab Egbirtho West-Saxonum rege c. For from Egbert King of the West-Saxons who first subdued the other Saxon Kings in the year 800 during the Reign of * The Historian doth not reckon the Danish Kings amongst them there were 14 Saxon Kings beside them Ibid. n. 50. b. lin 1. c. Ibid. f. 100. a. n. 40. Fourteen Kings unto the year 1043. when Edward the Confessor was Crowned King the Line of the Royal Blood never failed nor was there one wrong step or halt made in the Succession nec unquam ejusdem regalis sanguinis linea defecit nec in Successione regni claudicavit All Persons of any moment in this Council did take the Oath first William Archbishop of Canterbury then the other Bishops and Abbats The first of the Lay-men that took it was David King of Scors the next Stephen Earl of Mortaign and Bologn
afterward King Stephen and then Robert Duke of Gloucester King Henry's natural Son Anno. 31. Regni sui Rex Henricus rediit in Angliam c. In the thirtyfirst year of his Reign King Henry returned into England and the Empress also and in a great Assembly of the Nobility or Great Men at Northampton those which had sworn before renewed their Oath and those that had not did then swear or give their Faith unto her King Henry died in the Thirty fifth year of his Reign Ibid. b. n. 30. and in his Sickness being asked by Robert Earl of Gloucester and the Nobleman that were then with him about a Successor a quibus de successore interrogatus filiae omnem terram suam citra ultra mare legitima perenni Successione adjudicavit he gave all his Lands every where to his Daughter as to his Lawful Successor After the death of King Henry Ibid. f. 101. a. lin 5. which happen'd upon the first of December that year the Empress Robert Earl of Gloucester with most of the Noblemen delay'd their return for England whereas Stephen made all the haste he could and by the readiest Passage being come the Londoners and People of Winchester own him a King Ibid. n. 10. And he drew unto him Roger Bishop of Salisbury and William de Pont Larch Keeper of the King's Treasure But all his Endeavars had come to nothing Ibid. n. 20. if his Brother Henry Bishop of Winchester and at that time the Pope's Legat had not been his best Assistant William Archbishop of Canterbury required of him an Oath That he would restore and preserve the Liberties of the Church and the Bishop of Winchester became his Suretyâ— for the doing of it He was very sweet in his Promises but they wanted performance He was Crowned the 22 of December there being present only three Bishops the Archbishop the Bishops of Winchester and Salisbury no Abbats and but few Noble or Great Men. Ibidem Coronatus est ergo in regem Angliae Stephanus undeciâ—o Calendâ—â— Januarii 1135. tribus Episcopis prasentibus Archiepiscopo Wintoniensi Saresberiensi nullâ— Abbatibâ—s pancissimus Optimatibus Ibid. n. 40. Having made the Treasurers of his Party he immediately became Master of the Treasure which was near 100000 l. in ready Money besides Gold and Silver Vessels of great weight and inestimable value Having so great Treasure he could not want Assistants Ibidem hanc copiâ—m Gazarum habenti auxiliatores dâ—esse non poterant especially being very profuse in his Gifts All sorts of Soldiers stock'd to him out of Flanders and Britany most notorious Plunderers Ibid. n. 50. and cruel People who robbed Churches and pulled Men of Religious Orders from their Horses and imprisoned them without regard Erat genus hominum rapacissimum violentissimum qui nil pensi haberent vel caemeteria frangere vel Ecclesias expilare Religiosi quinetiam ordinis viros non solùm equis proturbare sed etiam indigenae militer c. Ibidem Neither were Strangers only but home-bred Soldiers or Knights who hated Times of Peace toward the end of King Henry's Reign because then they lived meanly easily brought to his Party raising thereby their Fortunes from the Loss and Ruin of the People Ibid. b. lin 2. Ibid. lin 3 4. Provineialium dispendio suas fortunas urgentes Further Stephen when he was Earl by his easie and jocular Conversation and his Familiarity with ther meanest Persons had wonderfully gain'd the Affections of the People Ibid. lin 5. so that all the Noblemen of England came readily in to him In the mean time the wise Earl of Gloucester was folic ous how he might shew them their Faults and by Discourse bring them back to a better Opinion for there was nothing to be attempted by Force Ibid. lin 7. for the Causes before mentioned nor was it free for him to come into England unless for a time he could dissemble and appear as if he were a Party in the Defection quasi defectionis eorum particeps wherefore he did Homage to the King upon Condition Ibid. n. 10. that is to say so long as he kept his Dignity entire and performed his Agreement and Covenants scilicet quamdiu ille dignitatem suam integre custodiret sibi pacta servaret For long before he knew the Temper of the King and foresaw the Instability of his Faith spectato enim jamdudum regis ingenio instabilitatem fidei praevidebat In the same Year Ibidem not much after the coming of the Earl the Bishops sware Fealty to the King so long as he should preserve the Liberty and strict Discipline of the Church Ibid. n. 20. 30. which he then swore to do according to his Charter that consists mostly of Privileges granted to the Clergy and is there repeated and is dated 1136 in the first Year of his Reign But the Historian says He disdain'd to put the Names of the Witnesses which were many because he changed all things so perversly as if he had only sworn that he might shew the whole Kingdom he had sworn to what he never intended to perform Ibid. n. 40. nomina Testium qui multi fuêrunt apponere fastidio quia pene omnia ita perperam mutârunt quasi ad hoc tantum jurâsset ut praevaricatorem sacramenti se regno toti ostenderet In this Grant he says he was chosen King by the Clergy and Laity crowned by William Archbishop of Canterbury and afterwards confirmed by Pope Innoeent the Bull of which Confirmation may be seen in the History of Richard Prior of Hagulstad col 313. n 30. The Witnesses to his Charter or Grant were most of the Bishops Earls and Noblemen and all Normans and may be found in the same History Col. 314. n 60. This is the true History how Stephen came to be King taken from William of Malmsbury who lived and wrote at the very time these things were done and wrote them at the Request of Robert Earl of Gloucester The Author's Words p. 20. The first Observation upon his own History of Maud's Title and Stephen's coming to the Crown before noted is That if it hold that an Oath was first taken to Maud by the Bishops and Nobility and afterwards to King Stephen an Oath of Allegiance may cease without Discharge from the Party to whom it was made and so the Archbishop of Canterbury and the Bishops of Winchester and Salisbury as well as the Nobility thought themselves at liberty to take a new Oath of Allegiance without a Release from the Party concerned in the former Oath What may be said to this 'T is not to be doubted but the Author knows what Religion was profest in this Nation at that time and only that and knows also those of that Persuasion did and do believe the Head of their Church had and hath Power to make an Oath cease without discharge from the Party to whom it
is made And so the three Bishops thought themselves at liberty to take a new Oath of Allegiance without a Release from the Party concern'd in the former Oath when they had his Authority and that they so had is manifest from the following brief Narrative Stephen was crowned on the Eleventh of the Kalends of January Ibid. f. 101. a. n. 20. Ibid. n. 40. Ibid. b. n. 10. or 22 of December and the Earl of Gloucester came into England after Easter next following and it was after his coming that the Bishops sware Fealty to Stephen Eodem anno non multùm post adventum Comitis juravêrunt Episcopi Fidelitatem regi c. at which time he also swore to preserve the Liberty and strict Discipline of the Church as they were drawn up in a Charter or Grant in which the Pope's Confirmation of his Title is mentioned the beginning whereof runs thus Ego Stephanus Dei gratiâ Ibidem assensu Cleri Populi in Regem Angliae electus a Domino Wilielmo Archiepiscopo Cantuariae Sanctae Ecclesim Romanae Legato consecratus ab Innocentio Sanctae sedis Romanae Pontifice postmodum confirmatus c. I Stephen by the Grace of God by the Assent of the Clergy and People chosen King of England crowned by William Archbishop of Canterbury and the Legat of the Roman See who was his Brother and confirmed by Pope Innocent c. And notwithstanding he was at first set up by the Fraud and Artifice of three or four Persons and the Bishops especially who then govern'd the Nation and that he immediately forced himself upon the then Norman Government by an Army of Foreigners plundring and cruel Flemmings and Britans and home-bred Norman Soldiers that knew not how to live as appears by the History before-recited yet the Archbishops and Bishops suggested to to the Pope Richard Prior of Hagustald or Hextiam Col. 313. n. 30 40 c. in the Body of the Bull. That after the Death of King Henry Religion in England was disturbed turbata est religio in regno Angliae nullum mandatum pacis seu justitia in adjutorio regali vigebat and there was no Royal Command for either Peace or Justice and that the greatest Wickednesses were committed with impunity atque atrocitatem tantorum scelerum comitabatur impunitas and that for the putting a stop to such Evils Stephen was chosen King communi voto unanimi assensu tam procerum quam etiam populi by the common Vote and unanimous Assent of the Great Men and People and crowned by the Bishops and all this was testified by the Letters or Instruments of the Archbishops and Bishops of the Countrey and the Lovers of the Holy Romane Church the glorious King of France and illustrious Earl †This was Theobald Earl of Blois Stephen's eldest Brother Theobald Qâ—emadmodum venerabilium fratrum nostrorum Archiepiscoporum earundem Regionum Amatorum Sanctae Romanae Ecclesiae gloriesi Francorum Regis illustrius Viri Comitis Theobaldi scripta testantur Then upon this recounting the Suggestions the Pope and Title-Maker says Nos cognoscentes Vota tantorum Virorum in personam tuâ—m praecunte divina Gratia convenisse c. We knowing the Votes of such great Men to have concurr'd in the Choice of thy Person by the Guidance of Divine Grace And for these things and his promise of Obedience and doing Honour to St. Peter he confirms whâ—t had been done and grants him the same Honour and Prerogative he had granted to his Predecessor Henry This Bull of Confirmation was directed to King Stephen Innocentius Episcopus c. carissimo in Christo filio Stephano illustri Anglorum regi salutem Apostolicam benedictionem From the precedent Narrative it is evident the Bishops sollicited this Bull of Confirmation and obtained it before they sware Fealty to King Stephen though upon false Suggestions However the Pope knew he was chosen by the Guidance of Divine Grace and the Bishops and Nobility believed him to be infallible or at least had such a D ference to his Confirmation of Stephen that they took themselves to be discharged and released fâ—om their Oaths made to Maud for if this Confirmation was valid her Title was made null and void Maâ—msb f. 108. a.n. 40 50. That such as favour'd Stephen own'd his Title from the Pope it is evident from his Brother the Legat's Speech who left Stephen and adhered to Maud and then revolted from her to him again when he called a Council at Westminster by his Legantine Power wherein chiding Letters from the Pope were read because he had not delivered his Brother Stephen then in Prison in which he was exhorted to do it either by Ecclesiastical or Secular Power After the reading whereof he made a Speech in excuse of his faithless Actions and commanded those present on bâ—hâ—lf of God and the Pope ex parte Dei Apostolici that they should aid the King with their utmost Power who was anointed by the Will of the People and Assent of the Apostolick See voluntate populi assensu Apâ—stolicae sedis inunctum and to excommunicate all Perturbers of the Peace that favoured the Dutchess of Anjou i. e. Maud. If the Author had understood this he would scarcely have ventured upon this Instance to have confirmed his Opinion about the Release and Discharging of Oaths The Words of the Author p. 23. Secondly That upon the Agreement between King Stephen and Henry II. Mâ—â—d her self was set aside and Stephen was to continue King for his Life and Henry II. to succeed him Now if Oaths of Allegiance must not be interperted by the publick Good here are insuperable Difficulties as to the Obligations of these Oaths for the Allegiance was transferred from the right Heir to an Vsurper as Stephen must be owned to have been by thâ—se who deny that Allegiance can be transferred from the right Heir And they must continue Allegiance to the Vsurper for his Life which is repugnant to the nature of our Constitution if it be founded in a Lineâ— and Legal Succession And again Maud to whom they had sworn is set aside and the Reversion of the Crown it entailed on her Son although she was living What may be replied to this The insuperable Difficulties have been overcome before in the Discourse about the Pope's Confirmation of King Sâ—ephen As to Maud's having been set aside it shall be considered in the last Paragraph of this Instance and also something more said of this Publick Good which brought on this Agreement and what it was but it must needs be so because done by the Common-Council of the Nation The Author's Words in the same Page A. 1153. Paris ibid. Matt. Westm and Paris say The Right of King Henry II. was declared by King Stephen in conventu Episcoporum aliorum de regno Optimatum which was the Dâ—scription of a Parliament at that time for as yet the Baronage represented