next year the King by the counsels of some wicked men is wrought upon to infringe again this Charter hoping for a gift to obtain an absolution from his Oath In the next year a Parliament is called which yeilds nothing but grievous Complaints for breach of M. Charta Page 608. and Promises of supply provided it may be again confirmed and the electing the Justiciar the Chancellor and Treasurer put into their hands to which the King would not yield But though the King would not observe it M. Paris saith It was cryed in all Countries Diebus autem istis acclamatum est in comitatibus annunciatum est in Synodis in Ecclesiis ubicunque locorum homines convenerant ut M. Charta inviolabiliter teneretur quam R. Johannes concesserat iste Rex praesens multoties concessit lata est sententia solenniter in omnes ejusdem violatores Ibid. p. 609. and denounced in all Synods Churches and publick resort that M. Charta should be inviolably observed and the sentence of Excommunication is denounced against all the violaters of it In the Year 1256. Provision is again made sub paena horribilis Anathematis Page 619. under the penalty of an horrible Anathema that the M. Charta of King John should be observed In the Year 1257. The King requests an Aid for his Son Edmund for the acquiring the Kingdom of Sicily and after many excuses upon condition that the King would observe M. Charta so often promised and bought they tender 52000. Marks with which the King was not satisfied Ee tamen conditione additâ ut M. Chartam toties promissam emptam redemptam ex tunc inviolabiliter observaret c. p. 637. In the Year 1258. was held the Parliament at Oxford where the Nobles enter into an unchangeable League to require that the King should faithfully observe the Charter of King John Parliamento incipiente solidabatur Magnatum propositum consilium immutabile exigendo constantissimè ut Dominus Rex Chartam Libertatum Angliae quam Johannes Rex Anglis concessit fideliter teneat conservet exigebant insuper sibi fieri Justiciarum c. Quod Rex recognoscens graviter juravit consiliis eorum obsecundare Edvardus filius ejus eodem est juramento adstrictus p. 653. Rex coactus est corporale praestare Sacramentum cum omnibus ferè post jurantibus illud idem Hyp. Neustr p. 467. which he had so often swore to perform they require also the chief Justiciar Chancellor and Treasurer to be ordained by publick choice and the twenty four Conservators of the Kingdom to be confirmed twelve by the Election of the Lords and twelve by the King who swears to the confirmation of these things and causes the Prince to take the same Oath Walsingham adds that all after him did swear almost the same thing But notwithstanding this the King gets an absolution from his Oath of the Pope Rogabant humiliter ut communiter praestitum juramentum inviolabiliter observare vellet Contin M. par p. 567. Of this the Barons hearing humbly beseech him to perform the Oath publickly sworn but the King answering them with threats the business is deferred till the coming of Prince Edward who coming sides with the Barons according to his Oath and a League is made betwixt them to apprehend the King 's Evil Counsellors Ibid. and their Abettors and to endeavour to remove them from the King In the Year 1263. The contest betwixt the King and the Barons is referred to the mediation of the French King who annuls the provisions of Oxford but with this exception That the Ancient Charter of King John Hoc excepto quod Antiquae Chartae R. Johannis Angliae Universitati concessae per illam sententiam in nullo intendebat penitùs derogare p. 668. granted to the Community should in nothing be thereby impaired Then began the Barons Wars under Simon of Monfort who succeeded so far in them as to take the King and his Son Prisoners But afterwards the Prince escaping out of Prison fights with Simon and overthrows him at Evesham where he was slain And here it is to be observed that none of the Historians of those times will permit this Simon to be called a Rebel or a Traitor but they still represent him as a most devout servant of God and the Church Sciendum quod nemo sani capitis debet censere neque appellare Simonem nomine Proditoris non enim fuit Proditor sed Dei Ecclesiae in Anglia devotissimus Cultor fidelissimus Protector Regni Anglorum Scutum Defensor Chron. de Mailr p. 228. and a most faithfull Protector Shield and Defender of the Kingdom of England and even a Martyr for the Liberties of Church and State After the end of these Wars in the Year 1269. M. Par. Cont. p. 677. the King calls a Parliament to be hèld at Marlborough where the Statutes called the Statutes of Marlborough were Enacted Magna Charta in singulis suis Articulis teneatur tam in his quae ad Regem pertinent quà m quae ad alios Similiter Charta de Foresta in the Fifth Chapter of which it is decreed That the Great Charter and the Charter de Foresta shall be observed in all their Articles both concerning the the King and his Subjects And here Inst l. 2. p. 102. saith the Lord Coke it is to be observed that after this Parliament neither M. Charta nor Charta de Foresta was ever attempted to be impugned or questioned whereupon Peace and Tranquillity have ever since ensued Edward the First in the twenty fifth year of his Reign confirms the said Charters of the Liberties of England and of the Forest and declares they are to he holden for Common Law Confirm Chart. c. 1. requires that they should be held in every point that they should be sent under the Great Seal to all his Justices as well of the Forest as others proclaimed by the Sheriff of the County and that all Justices Sheriffs Mayors and other Ministers which under the King had the Laws to guide them should allow the said Charters in all their points which in any Plea shall come before them in Judgment and that the said Charters should be sent to all the Cathedrals within the Realm and should be read twice a year before the People Chap. 3. and that the Arch Bishops and Bishops Chap. 4. should denounce the Sentence of Excommunication against all them who in Word or Deed did act against the said Charters and these Sentences shall be pronounced and published twice in the year by the said Prelates And because in the sixth Chapter of the said Act there was added this clause Saves les auncient aides prises dues accustomes which gave some colour for the King's Officers to make an Evasion the Lords of Parliament met in the twenty eighth year of his Reign do importune the King again to
atque Ecclesiae Sanctae in die Coronationis suae concesserat Matth. Paris p. 51. promiseth a Melioration of their Laws according to their minds Our Historians tell us That on the day of his Coronation he made a Compact with his Church and People which afterwards at Oxford he swore to observe And one of the terms of this Compact was That he would observe good Laws and ancient and just Customs in Hundreds and Pleas and other Causes Henry the Second follows him at the beginning of his Reign establishing Peace in his Kingdom and commanding the Laws of Henry the First Ipse pacem stabilivit in Regno leges Henr. Avi sui praecepit per totum Regnum suum inviolabiliter teneri Hoved. par 2. F. 281. B. his Grand-father to be inviolably observed throughout his Kingdom Richard the first succeeds him and promiseth upon Oath at his Coronation these three things viz. 1. That he would give Peace Honour Juravit quod ipse omnibus diebus vitae suae pacem honorem Reverentiam Deo Sanctae Ecclesiae ejus ordinatis portaret 2o. Quod rectam justitiam aequitatem exerceret in populo sibi commisso 3o. Quod malas leges consuetudines perversas si quae in Regno suo inductae sunt deleret bonas leges conderet sine fraude malo ingenio eas custodiret Hoveden F. 374. A. M. Paris p. 108. Rad. de Diceto Imag. Hist p. 647. Chron. Joh. Brompt p. 1157. and Reverence to God and the Church and her Clergy all the days of his life 2ly That he would exercise true Justice and Equity to the People committed to his Government 3ly That he would put away all evil Laws and perverse Customs which were introduced into his Kingdom and would make good Laws and maintain them without fraud and evil inclination Conjuratus est ab Archiepiscopo ex parte Dei prohibitus ne hunc honorem acciperet nisi in mente habeat Sacramenta tenere quae fecit ipse respondit se per auxilium Dei bona fide observaturum omnia supra dicta Ibid. Then the Archbishop of Canterbury conjures him by God not to take upon him this Honour unless he uprightly intended to perform what he had sworn and when he answered That by the help of God he intended so to do the Archbishop puts the Crown upon his Head King John at his entrance on the Government took the same Oaths for substance which his predecessor Richard had done swearing to preserve the Church and her Dignities from harm to abolish unjust Laws and to establish Good and to exercise right Justice and he was also by the Archbishop conjured not to take upon him the Kingly Honour In coronatione suâ R. Johannes triplici involutus est Sacramento viz. quod Sanctam Ecclesiam ejus ordinatos diligeret quod perversis legibus destructis bonas constituerer rectam justitiam in Regno Angliae exerceret deinde adjuratus est ab Archiepiscopo ex parte Dei districtè prohibitus ne honorem hunc accipere praesumeret nisi in mente habuit opere quod juraverat adimplere Chron. Burton p. 256. R. Hoveden F. 450. M. Paris p. 138. Audistis quomodo ipse apud Wintoniam Regem absolvi ipsum jurare compulerim quod leges iniquas destrueret leges bonas viz. leges Edvardi revocaret in Regno faceret ab omnibus observari M. Paris p. 166 167. unless he really intended to perform his Oath When he was absolved from his Excommunication by the Archbishop at Winchester he was by him compelled to swear That he would destroy all unjust Laws and would restore good Laws viz. The Laws of King Edward and cause them to be observed of all throughout his Kingdom King Henry the Third was but nine years old when he succeeded King John Annales Mon. Burton p. 271 276. and in the ninth year of his Reign he granted to all his Clergy his Nobles and his People his Magna Charta and his Charter of the Liberties of the Forest and by these Charters he confirms to them libertates liberas consuetudines quas prius habuerant the Liberties and free Customs which they had before M. Paris saith Pag. 274. That he exacted the fifteenth part of the Moveables both of the Clergy and of the Laity and that they promised to grant them si illi diu petitas Libertates concedere voluisset Pag. 223. provided he would give them the Liberties they had so long desired And that accordingly he gave them these two Charters which were the same that had been granted by King John A. D. 1223. Speed p. 581. The Barons requiring a confirmation of these Liberties from the King William Briwere one of the King's Council answered That the Liberties which they demanded were not to be observed because they were violently extorted the King replied All of us have sworn to these Liberties and that which we have sworn all of us are bound to observe and the truth is at the conclusion of the Peace with Lewis the King Speed p. 578. the Legate and Earl Marshal sware that the King should restore to the Barons and others all their Rights and Inheritances with all the Liberties formerly demanded of his Father Speed p. 583 And in the year 1225. the King again drawn with the desire of Mony grants those his Charters under his Seal and Oaths were taken by Royal commandment to tye all Men to the observation of the said grants Edward the first was declared King and Successor of his Father when absent in Palestine and returning into England is Crowned in the Second year of his Reign and in the Third calls a Parliament at Westminster where he hears the complaints of the ill Government of the Realm and the Church and makes that wholsome Statute to relieve them which is called the first Statute of Westminster At the Coronation of Edward the Second the Earls and Barons of the Kingdom of England treated of the State of the Kingdom requesting the Banishment of Peter of Gaveston from the Kingdom and that Baronum suorum vellet consiliis tractare Regni negotia Hypadygm Neustr p. 500. he would transact the business of the Kingdom by the Councils of his Barons which the King denying to grant Rex noluit consentire idcirco proposuerunt comites Coronationem Regiam impedire quod Rex intelligens promisit bona fide se facturum illis in proximo Parliamento quicquid peterent tantum ne Coronatio differatur Walfingh Hist Angl. p. 96. the Nobles endeavoured to hinder his Coronation which the King understanding promised faithfully in the next Parliament to do that which they desired At the Coronation of Richard the Second one of the Bishops makes an Oration to the People concerning the Constitution of the King and Kingdom Tunc Episcopus Sermonem fecit de materiâ Regis Regni ad
populum qualiter Rex se haberet in populo in quibus populus sibi debuit obedire quo completo juravit Rex coram Archiepiscopo proceribus quod Ecclesiam suis permitteret gaudere libertatibus eam Ministros ejus honoratret 2o. Ut leges terrae bonas ubique observari faceret praecipuè leges Sancti Edvardi 3o. Ut non esset personarum acceptor c. quibus expletis Archiepiscopus convertit se ad omnes plagas Ecclesiae indicans populo Regium juramentum quaerens si se tali principi Rectori subjicere ejus jussionibus obtemperare vellent responsum est à plebe quod libenter sibi parere vellent Wals Hist Angl. p. 195. how the King should behave himself to them and in what things they were to obey him this being done the King swears before the Archbishop and Nobles that he would permit the Church to enjoy her Liberties and would honour her and her Ministers 2dly That he would cause the good Laws of the Land to be observed every where especially those of St. Edward 3dly That he would be no acceptor of Persons but would exercise right Judgment between man and man and especially would shew Mercy This being done the Archbishop the Marshal being present turns himself to all the quarters of the Church declaring to the People the Kings Oath and asking them if they could subject themselves to such a Prince and Governour and would obey his commands to which they all answered That they would willingly do it Here then you see that William Rufus Henry the First and Steven get the consent of the People by virtue of this promise to grant them their usual Laws and ancient Customs that Henry the First Richard the First and King John and Richard the Second at their Coronation oblige themselves by Oath to grant them And upon these Obligations the People Nobles Bishops and Commons consent to own them as their King that the Archbishops conjure R. the First and K. John not to take upon them the Crown unless they uprightly intended to perform these Oaths that all of them at the beginning of their Reigns by Oaths or Promises oblige themselves to grant these Laws and Customs to the People and that if any scrupled so to do the Nobles thought it their concern to hinder his Coronation till he had either made or promised this engagement They therefore thought it absolutely necessary that whosoever would be their King should make this Compact with them and be as much engaged by Oath to grant these Priviledges to them as they were to swear Allegiance to him and commonly that this should be first done by their Kings before they would engage to be their Subjects And then it must be as necessary that he who doth continue to be their King should continue to perform his Oaths and grant these Priviledges to his People SECT III. That when the ancient Laws of their Country were wholly violated they constantly complain'd of the Injustice of the Action required the observation of them and when they could not prevail by fair means they sought to recover their Right by Arms. Where an account is given of the Barons Wars for the preserving of the Magna Charta and the Charta de Forestis FOR farther evidence of this matter let it be considered 3dly That when these Patriae Leges these Ancicient Laws of their Country were violated they constantly complained of the Injustice of the Action required the observation of them and when they could not prevail by fair means they revolted from their Subjection and sought to recover their Right by Arms. This they require of W. Rufus when he was sick And it was probably for neglect of these good Laws that most of the Nobility saith M. Paris Page 10. did una Rabie conspirare conspire against him with one fury For the same reason was it that when Robert came against King Henry the First a great part of the Navy went over to Robert for this they did saith M. Paris quia Rex jam Tyrannizaverat because the King was become a Tyrant Page 40. i. e. he governed not according to Law When Steven Archbishop of Canterbury in the year 1213 Per quam si volueritis libertates diu amissas poteritis ad statum pristinum revocare M. Paris p. 167. had found the Charter of Henry the First by which he granted to them the Law of King Edward with those emendations which his Father by the Counsel of the Barons did ratifie he told the Nobles this was the Charter by which if they pleased they might reduce their long lost Liberties into their former state The Charter being read they much rejoyced A rchiepiscopus vero promisit eis fidelissimum auxilium suum pro posse suo sic confoederatione facta inter eos colloquium solutum est M. Paris ibid. and swore in the presence of the Archbishop that when they could spy out a fit time for those Liberties if need required they would spend their blood the Archbishop on the other side promised to help them to the uttermost of his power and so having made a League among themselves they dissolved the Assembly When King John still neglected to observe these Laws the Nobles come unto him requiring him to confirm the Liberties and Laws of King Edward and other Liberties granted to him the Kingdom Petierunt quasdam libertates leges R. Edvardi cum aliis libertatibus sibi Regno Angliae Ecclesiae Anglicanae concessis confirmari M. Paris p. 176. Capitula libertatum legum quae ibi magnates confirmari quaerebant partim in Charta R. Henrici superius scripta sunt partimque ex legibus R. Edvardi antiquitus excerpta affirmantes quod nisi Rex illas incontinenti concederet sigilli munimine confirmaret ipsi per captionem castrorum suorum terrarum possessionum ipsum Regem compellerent donec super praemissis satisfaceret competenter M. Paris p. 176. and the Church of England they being leges Antiquae Regni consuetudines the Ancient Laws and Customs of the Kingdom contained partly in the Charter of Henry the First and partly gathered out of the old Laws of King Edward threatning that if he would not instantly grant them and confirm them under his Seal they would compel him so to do by seizing on his Castles Lands and Possessions till he gave them competent satisfaction in that matter Then the Archbishop shewed the King the Contents of that Charter Quod nunquam tales libertates concederet unde ipse efficeretur servus quare cum istis iniquis exactionibus Barones non postulant Regnum ibid. and upon the Kings answer that he would never grant such Liberties by which he himself was made a servant and that the Barons might as well ask the Kingdom they betake themselves to War and the Barons having got the City of London on their
in these matters A. D. 1233. the King invites over the Poictovins and other Strangers who with the Bishop of Winton oppress the Nobles with all their power and cause great discord and complaints For judgments were committed saith M. Paris Judicia committuntur injustis leges exlegibus pax discordantibus justitia injuriosis p. 263. to the unjust the Laws to them who were Outlaw'd Peace to those who were given to Discord and Justice to the Injurious These things so exasperate the Nobility that they Combine for Defence of the publick and by Richard his Brother and the Earl Marshal humbly request of the King that he would speedily correct these excesses which tended to the subversion of his Crown and Kingdom Regem humiliter rogabat ut tales excessus corrigere festinet per quos Coronae suae Regni subversio imminebat affirmabat insuper quod si hoc emendare diffugeret ipse caeteri de Regno Magnates tamdiu se ab ipsius consilio subtraherent quamdiu alienigenarum consortio frueretur M. Paris p. 264. to the oppression of his natural People and of their Laws and Liberties and that if he would not reform them they would withdraw themselves from his Counsel Whereunto the Bishop of Winchester replys That it was lawful for the King to call what strangers he listed about him for Defence of his Crown and Kingdom thereby to compel his proud and rebellious Subjects to their Obedience with which Answer they were so incensed that they promised each other in this cause Firmiter promiserunt ad invicem quod pro hac causa quae omnes tangebat usque ad divisionem corporis animae viriliter decertarent Matth. Paris ibid. which concerned them all they would spend their lives Then the King Summons them to a Parliament at Oxford to which they would not come and after this to another at Westminster they sending him this Message That he should suddenly remove Peter Bishop of Winton and his Poictovins and that if he would not do this they all by the Common Counsel of the whole Kingdom would expel him with his evil Counsellors out of the Kingdom Sin autem nollet ipsi omnes de communi consilio totius Regni ipsum cum iniquis consiliariis suis à Regno depellerent de novo Rege creando contrectarent M. Paris p. 265. and consult about the creation of a new King A. D. 1234. A Parliament is Assembled at Westminster in which indeed the Bishop of Chester Excommunicates all them who were designing alium Regem creare to create another King M. Paris p. 271. yet doth the Archbishop Elect and his Suffragans roundly declare against the cruel and dangerous Practices of Peter Bishop of Winton and Peter de Rivalis First Because they suggested Vocantes eos proditores facientes omnes sic vocari qui melior est homo terrae vestrae p. 271. that the English were Traytors and alienated the Kings heart from the Marshal who was the best Man in the Land So that in their judgment they that fought and were then in Arms for their Laws and Liberties were so far from being Traytors that they were the best Men of the Nation Secondly That there was cause to fear the Ruine both of King and Kingdom since they had got such an Ascendent over him Timendum est tam de vobis quam de Regno cum videamini magis esse in eorum potestate quam ipsi in vestra Ibid. that he seemed rather to be under their power than they under his Which also seems to have been the case betwixt King James and his Jesuites Thirdly That they confounded and perverted the Law of the Land sworn to and confirmed and strenghned by Excommunication and with that all Justice by reason of which and many other grievances they humbly besought him to govern his People according to the example of other Nations by the sworn Natives of his Kingdom declaring that if he did not correct these miscarriages in a little time Item legem terrae juratam confirmatam atque per excommunicationem roboratam pariter justiâ—iam confundunt pervertunt Ibid. Nisi infra breve tempus ista correxeritis in vos in omnes alios contradictores per censuram Ecclesiasticam procedemus p. 272. they would proceed by Ecclesiastical Censure both against his Counsellors and himself Edmund Archbishop Elect of Canterbury being soon after consecrated comes to the King with his Bishops and Prelates relates again the same grievances declaring to him That if he would not correct and pacifically compose these things with his Liege People he with his Prelates would denounce the Sentence of Excommunication against him and all the Enemies of this Concord Upon which the King is at last prevailed with to remand the Bishop of Winton to his Cure Denuntiavit etiam ipsi expresse quod nisi Clericus errorem demitteret cum fidelibus Regni sui pacificè componeret ipse cum omnibus Praelatis qui aderant in ipsum Regem sententiam ferret excommunicationis in omnes alios hujus pacis contradictores Ibid. to banish Peter de Rivalis from the Court and the Poictovins from the Kingdom One thing more is observable in this matter that as the War of the Marshal was generally thought just so the Marshal justifies himself to have been no Traytor as being always ready to stand to the judgment of his Peers and being exiled and deprived of his Offices and Lands against Law for which cause saith he I ceased to be the Kings Liege Man Unde homo suus non fui sed ab ipsius Homagio non per me sed per seipsum licenter absolvebar p. 273. and was absolved from my Homage not by my self but by the King A. D. 1237. A Parliament is held at London in which the King requests in regard of the great expence for his Sisters Marriage the thirtieth part of all Moveables both of the Clergy and the Laity After great opposition made to this demand and the recital of many supposed miscarriages the King disavowing and protesting against his former Revocation and freely granting the inviolable observation of the Liberties under pain of Excommunication hath yielded to him the thirtieth part of all moveables Spontanea promisit voluntate libertates M. Chartae suis fidelibus Regni sui ex tunc inviolabiliter observare c. Matth. Paris p. 298. In the year 1240. the Archbishops Bishops and many of the Nobles assembled at London grievously complain of divers Injuries Oppressions and Desolations which befell the Church by the evil Counsel of the King violating his Charters and his Oaths after he had so often sworn that he would preserve the Ecclesiastical Rights inviolated Reponentes querimoniam gravissimam coram Rege in curia sua super variis injuriis oppressionibus quotidianis desolationibus illatis Ecclesiae per iniquum Regis consilium
contra Chartas suas juramenta temere veniendo cum ipse Rex toties juraverat se jura Ecclesiastica illibata conservare ipsomet audiente Candelam tenonte quod omnes Episcopi in violatores libertatum Ecclesiasticarum simul sententiam fulminabant in cujus sententiae consummatione Rex ut alii suam Candelam extinxit inclinando M. Paris p. 354. and himself held a Candle when the Bishops in his hearing pronounced the Sentence of Excommunication against all the Violaters of the Ecclesiastical Libertie he then extinguishing his Candle with the rest In the year 1242. the King requests farther Supplies of his Parliament held at Westminster for his intended expedition into France Et praeterea concessit eis tunc quod omnes libertates contentae in M. Charta ex tunc in antea plenius tenerentur per totum Regnum suum inde fecit eis quandam parvam Chartam quam adhuc habent in quâ eaedem continentur quia dominus Rex nunquam post tricesimam datam Chartam suam de libertatibus tenuit Ibid. p. 394. But they resolutely deny to give him any for that in order to the obtaining former grants of Money he had promised and granted to them that all the Liberties contained in Magna Charta should from thence be fully observed through the Kingdom and had given them a little Charter in which they were contained and yet after all he never was true to his word but oppressed them still more In the year 1244. he desires new Supplies which for a time they refuse pleading that the Charter of Liberties which the King had granted Et quia Charta libertatum quas dominus Rex olim concesserat pro cujus conservatione Archiepiscopus Cant Edmundus juraverat fide-jusicrat certissime pro Rege promiserat nondum existit observata Matth. Paris p. 432. and the Archbishop had upan Oath in the King's name promised to them was not observed Though at last upon the King 's faithful Promise to keep and observe the Liberties unto which he had sworn at his Coronation and whereof he had granted his Charter and upon the appointment of four Noble Men to be of the King's Council who should be conservatores libertatum Keepers of their Liberties they grant him new Supplies the King then promising himself to observe them and requesting that for the defence of their Liberties all the Bishops in their Diocesses should pronounce Sentence against him and all who violated the said Liberties in any Article of them Rex tam in propria persona tum per internuntios solennes promisit se libertates quas juraverat in Coronatione sua super quibus Chartam fecerat integerrime servaturum ad quarum etiam tuitionem rogavit ut singuli Episcopi in Dicecesibus suis sententiam ferrent in ipsum omnes qui contra memoratas libertates venirent in aliquo Articulo M. Paris p. 435. And thus they agreed to grant him a Supply In the year 1252. he holds a Parliament at London and requires more Money and they after some consultation answer that though the King had much oppressed both Church and Kingdom they would doe their utmost to satisfie his desires provided that as he had often promised he would now at last inviolably observe the Charter of their Liberties so often covenanted and sworn to Other things they demanded then which the King would by no means agree to swearing horribly that whilst he lived * quantumcunque Ecclesiam Anglicanam Regnum suum Angliae oppreserit afflixerit quod postulat à nobis adhuc impendemus desiderio suo pro posse obsecundabimur si quodmultoties promisit vellt Chartam toties pactam totiesque debitam Libertatum nobis juratarum inviolabiliter posthac observare p. 568. Nunquam in talem mergeretur Servitutem Ibid. p. 570. he never would be reduced into such slavery And so the Assembly breaks up producing nothing but the King 's Wrath. In the Year 1253. was assembled a very great Parliament in which the Arch-Bishop and some Bishops are sent to induce the King to permit H. Church to enjoy her Liberties as he had oft promised upon Oath and declaring that if he would correct this and other of his miscarriages according to the Tenor of M. Charta they would incline to his Petition Quod si hunc alios errores secundùm M. Chartae de Libertatibus confectae tenorem emendaret ipsi usque ad gravamen magnum Petitionibus suis inclinarent c. p. 579. how burthensome soever it might be to them This the King promiseth to doe and desires them to assist him in it so the Clergy grant him à Tenth and the Knights Scutage viz three Marks of every Knights Fee for that year Rex bonà fide sine aliqua cavilatione promisit se Chartam Magnam omnes ejus Articulos fideliter observaturum quam Rex Johannes tenere juravit similiter qui praesens est in susceptione Coronae poste◠multoties Ibid. and the King promiseth faithfully and without cavil to ratifie Magna Charta and faithfully to observe all the Articles of it which King John and he at his Coronation and often since had sworn to observe And this is done in the most solemn and ceremonial manner that could be devised for the King with all the great Nobility of England all the Bishops and chief Prelates in their Ornaments with burning Candles in their hands assemble to hear the terrible sentence of Excommunication upon all the Infringers of the same and at the lighting of those Candles the King having one in his hand gives it to one of the Prelates saying It becomes not me Nondecet meCandelam talem tenere sum non enim Sacerdos Cor autemmajus perhibet Testimonium ex tunc tenuit manum expansam ad Pectus donec tota sententia finiretur p. 580. who am no Priest to hold this Candle my Heart shall be a greater testimony and withall laid his hand on his Breast the whole time the sentence was read which was thus pronounced In the name of the Omnipotent God c. Which done he caused the Charter of King John his Father to be read In the end having thrown away their Candles they cried out So let them who incurr this sentence be extinct and stink in Hell And the King with a loud voice said * Dixit ipse Rex Sic me Deus adjuvet haec ommia illibata observabo fideliter sicut sum homo sicut sum Christianus sicut sum miles sicut sum Rex Coronatus Inunctus c. M. Paris p. 580. Idem Rex consiliis malignorum praeventus easdem infringendo contra venire non formidavit credens pro-munere absolvi à trangressione p. 597. As God help me I will as a Man a Christian a Knight a King Crowned and Annointed inviolably observe all these things But notwithstanding all this in the very
confirm the said Charters which he promised to doe but when it came to be set down in form of an Act the King would have added A saving of the Right of his Crown which the Lords did mainly inveigh against and pressed the King with his promise to confirm them as absolutely as his Father Henry 3. had done which in the end he yeilded to as appears by the Act called Articuli super Chartas Chap. 1. where these Charters are again confirmed and 't is provided that they shall be read four times every year before the People in every County after the Feast of St. Michael and after the Feast of the Nativity of our Saviour after Easter and after the Nativity of St. John the Baptist When the King had ended his Wars in Scotland he refused to stand to the confirmation which he had made to his Barons of such Laws and Liberties as he before had granted pretending that they had forced his consent Obtinuit Rex à Domino Papa absolutionem à juramento quod invitus praestiterat super observantia Libertatum alias à Comitibus Baronibus exactarum Walsingh p. 92. and he obtained of the Pope an absolution from the Oath which he unwillingly had taken to observe them But when great murmuring and discontent followed hereupon and for his levying Taxes without consent of Parliament in his thirty fourth year he makes the Statute de Tallagio non concedendo for the quieting of the Commons and for a perpetual Law for ever after declaring That no Aid or Taxes shall from thenceforth be levied without their consent and making a general restitution to the Subjects of all their Laws Liberties and free Customes as freely and wholly as at any time before in the better and fuller manner they used to have the fame and and so ended all the disputes touching these Charters Walsingham saith Page 71 72. that the Grievances which the Arch-Bishops Bishops Abbats Priors Earls and Barons with the whole Commonalty remonstrated to the King were these viz. First That they were not dealt with according to the Laws and Customs of the Land according to which their Ancestors used to be governed Secondly That the Articles of M. Charta were neglected to the great damage of the whole Community Thirdly That the Assize and Charter of the Forest was not observed and then he adds that the Nobles would consent to no other form of Peace with the King than that which he established in the Statute de Tallagio non concedendo and which I have now set down There is one thing more very observable in the Reign of that King that when the Pope had summoned him before him to answer touching his Right to the Kingdom of Scotland a Parliament then held at Lincoln Papa R. Edvardum primum in judicium vocante respondet Parliamentum Lincolniae habitum quod praefatus Dominus noster Rex super juribus Regni Scotiae aut aliis suis temporalibus nullatenus respondeat judicialiter coram vobis nec judicium subeat quoquomodo cùm praemissa caderent manifestè in exhaeredationem juris answer the Pope thus That their King should not answer judicially before the Pope nor undergo his Judgment for his Rights of the Kingdom of Scotland or any other Temporal Rights because this manifestly tended to the disinherison of the said Crown Coronae Regni Angliae R. Dignitatis ac subversionem Statûs ejusdem Regui notoriam necnon in praejudicium Libertatis Consuetudinum Legum paternarum ad quarum observationem defensionem ex debito praestiti juramenti adstringimur quae manu tenebimus toto posse totis viribus cum Dei auxilio defendemus nec etiam permittimus aut aliqualiter permittemus sicut nec possumus nec debemus praemissa tam insollta indebita praejudicialia alias inaudita praelibatum Dominum Nostrum Regem etiamsi vellet facere seu modo quolibet attemptare Walsingh Hist p. 85. Hypod. Neustr p. 496. Speed p. 731. and the R. Dignity and the subversion of the said Kingdom and of the Liberties Customs and Paternal Laws to the defence of which they were by their Oath obliged and with their whole power would defend and were the King never so willing they as they ought not so they would not permit the King to attempt the Premises When King Richard the Second asked of Sir Robert Trisilian and his other Lawyers whether he might not Disannul the Decrees of the last Parliament and they had answered that he might BECAVSE HE WAS ABOVE THE LAWS as one of them confessed he deserved death for that Answer so all them that could be caught soon after found it Farthermore Let it be observed that the Nobility of England as the Lord Coke observes have ever had the Laws of England in great Estimation and Reverence Instit l. 2. p. 97. and would never suffer them to be changed This made King Henry the First saith he to write to Pope Paschal thus Let your Holiness know that by the help of God whilst I live Notum habeat Sanctitas vestra quod me vivente auxiliante Deo Dignitates Usus Regni nostri Angliae non imminuentur si ego quod absit in tanta dejectione me ponerem Optimates mei totus Angliae populus id nullo modo pateretur Charta Henr. primi the Dignities and Customs of our Kingdom of England shall not be diminished and if I which God forbid should so far deject my self my Nobles and all the people of England would never suffer them to be altered When the Bishops in the twentieth year of Henry the Third would have those Children who were born before Matrimony Legitimate as to Hereditary Succession as well as those who were born after Matrimony all the Earls and Barons answer with one voice Et omnes Comites Barones unâ voce responderunt quod nolunt Leges Angliae mutare quae hucsque usitatae approbatae sunt Stat. Mert. c. 9. Bracton l. 5. c. 19. F. 417. We will not have the Laws of England which have hitherto been used and approved to be changed In the Letters which all the Nobility of England by Ascent of the whole Commonalty assembled in Parliament at Lincoln wrote to Pope Boniface we find these words Ad Observationem Defensionem Libertatum Consuetudinum Legum paternarum ex debito praestiti Sacramenti adstringimur quae manu tenebimus toto posse totisque viribus cum Dei auxilio defendemus nec etiam permittimus nec aliquatenus permittemus sicut nec possumus nec debemus praemissa tam insolita indebita praejudicialia aliàs inaudita Dominum nostrum Regem etiamsi vellet facere seu quomodolibet attemptare Ret. Parl. 28. Ed. 1. apud Lincoln By virtue of our Oath we are bound to the Observation and Defence of the Liberties Customs and Paternal Laws which by the help of God we will defend
with our whole Power non do we nor will we permit our Lord the King though he were willing to attempt things so unusual undue and prejudicial to the Royal Dignity and this was Sealed by 104 Earls and Barons in the name of all the Commonalty of England What they affirm touching their Oaths to defend their Laws is an unquestionable truth for besides what hath been noted of this kind allready in the twenty fifth year of this King it was established by Act of Parliament 25. Ed. 1. c. 3. 42. Ed. 3. c. 1. that if any Statute were made contrary to Magna Charta or Charta de Forestis it should be holden for none and the Nobles and the great Officers were sworn to the Observation of them Yea Speed p. 583. by the Royal Command of Henry the Third Oaths were taken to tye all men to the strict Observation of them SECT IV. That we find throughout the History of our Kings that their Election or else their Compact with the People hath generally been conceived a thing proper to strengthen their Title to the Crown or at the least to satisfie their People 4ly IT may be farther worthy of our consideration that we find throughout the History of our Kings that their Election or else their Compact with the people hath generally been looked on as a thing proper to strengthen their Title to the Crown or at the least to satisfie the People For instance First Dunelm p. 195. Hoved. E. 258. Ab omnibus tam Normannorum quam Anglorum Proceribus Rex est electus Gemit de Ducibus Norm l. 6. c. 37. Walsing Hypod. Neust p. 436. Of the Conqueror S. Dunelmensis and Hoveden inform us that Foedus pepigit he made a Covenant with the people Gulielmus Gemiticensis and Walsingham say that he was chosen King by all the Nobles of England and Normandy Secondly Daniel p. 52. Polyd. Virg. Hist l. 10. p. 164. William the Second held the possession of the Crown of England by the Will of the Kingdom the Succession in Right of Primogeniture being none of his Volentibus omnium provincialium animis in Regem acceptus M. Par. p. 10. Chron. Joh. Brompt p. 983 984. The Historians say that the Nobles met in Council at Westminster and after long Consultation made him King that by the willing minds of all he was accepted for their King and the King himself declares quod ipsum in Regem creaverant that they had created him King Thirdly Henry the First was invested in the Crown by the Act of the Kingdom The Historians tell us that a Council of the whole Community rejected Robert Unanimi ascensu suo ipsum refutavêrunt pro Rege omninò recusavêrunt Henricum fratrem in Regem ere êrunt Knyght de Event Angl. p. 2374. In Regem electus est frater ejus Henricus consecratus est Rex Angl. M. Westm Hist. p. 235. In Regem electus est aliquantis tamen controversiis inter Procéres excitatis Sopitis W. Malmsb. l. 5. F. 88. J. Brompt Chron. p. 997. Walsing Hypod. Neust p. 446. Rich. Hagulst p. 310. the eldest Son of the Conqueror and would not have him for their King but with unanimous consent they advanced his Brother Henry to the Kingdom who was by all Elected and Consecrated King at Westminster after the death of William Rufus as being the first born of the Conqueror after he was King of England William of Malmsbury saith he was Consecrated within four days after his Brother's death lest the Rumour of Robert's coming to England should move the Nobles to repent of their Election Sciatis me Dei misericordia communi consilio Baronum Regni Angliae ejusdem Regni Regem esse coronatum M. Paris pag. 38. And in his Charters the King himself writes thus Know you that I was Crowned King of England by the Common Council of the Barons of the Kingdom And 't is observable that his Elder Brother Robert being absent at the Holy Wars they chose Henry King because they were affraid to be long without Government Fourthly Florence of Worcester William of Malmsbury R. Hoveden and R. Hagulstadensis do expressly say that Stephen was chosen King by the Primates of the Kingdom A Primoribus Regni cum favore Cleri Populi electus R. Hagulst p. 312. Flor. Wigorn. p. 665. Hoved. F. 215. Malm sb F. 101. B. with the favour of the Clergy and Laity and that he took upon him the Kingdom with their General consent A scensu Populi Cleri in Regem electus Malmsb Hist Nov. l. 1. F. 101. B. R. Hagulst p. 314. and his own Charters say the same thing as they had reason to do he having no Title at all but as one of the Bloud by mere Election advanced to the Crown Daniel p. 69. Fifthly Radulphus de Diceto Ab omnibus electus p. 529. Saith of Henry the Second That he was Elected by all and annointed by Theobald Arch-Bishop of Canterbury Sixthly And of Richard the First he saith Post tum Cleri Populi Solennem debitam Electionem p. 647. That being to be promoted to be King by right of Succession after the solemn and due Election both of the Clergy and Laity he took a Threefold Oath Hoveden adds that he was Consecrated and Crowned King of England F. 374. consilio assensu by the Council and assent of the Arch-Bishops Bishops Counts and Barons Seventhly P. 127. Archiepiscopus dixit quod nullus praevia ratione alij succedere habet Regnum nisi ab universitate Regni unanimiter Spiritus Sancti invocata gratia electus secundùm morum eminentiam praeelectus omnes hoc acceptabant ipsumque Comitem in Regem eligentes assumentes exclamant dicentes Vivat Rex Matth. Paris p. 138. King John received the Crown by way of Election as being chosen by the States saith Daniel Matthew Paris saith That all consented to the Speech of the Arch-Bishop that none ought to Succeed another in the Kingdom unless he were elected by the Community and thereupon they elected the Count and took him for their King Eightly In Regem eligitur p. 474. The History of Croyland saith That after the death of King John Henry his first born was elected King Ninthly Non tam jure haereditario quam unanimi assensu Procerum Magnatum Edward Franc. An. 1602. p. 95. The Succession of Edward the Second saith Walsingam Was not so much by right of Inheritance as by the unanimous consent of the Peers and great Men. Tenthly Edward the Third was elected with the Vniversal consent of the People upon his Father's Resignation Walsing Hist Angl. p. 126. Hypod. Neust p. 508.509 H. de Knyghton p. 2550. The Parliament then met at London declared by common consent That Edward the Second was unworthy of the Crown and for many Causes to be deposed and that his first born Son Edward
should unanimously be chosen King then the Election is publickly declared in Westminster-hall some of both Houses are sent to Edward the Second qui nunciarent Electionem filij sui who should acquaint him with the Election of his Son and require him to resign the Crown Electioni consensit populus universus all the people consented to the Election so did all the Prelates and the Arch-Bishop who made an Oration on those words Vox populi vox Dei and exhorted all to pray for the King Elect. Eleventhly Richard the Second succeeded Edward by right of Succession H. de Knyght p. 2630. ac etiam voto communi singulorum and by the Common suffrage of all Twelfthly Henry the Fourth Fifth and Sixth were only Kings by Act of Parliament Thirteenthly Edward the Fourth at his entrance on the Government makes a solemn Declaration of his Right to the Crown of England challenging it to belong unto him by a double Right the first as Son and Heir to Richard Duke of York Trussel 179. the Rightfull Heir of the same the second as elected by the Authority of the Parliament upon King Henry's forfeit of it Fourteenthly The Parliament Roll published in Speed's Chronicle often saith p. 913 914. That they had chosen Richard the Third for their King and that the Crown belonged to him as well by Election as Succession Fifthteenthly And Henry the Seventh Bacon Hist of Hen. VII p. 12. to all his other Titles by Marriage Conquest and from the House of Lancaster adds that of the Authority of Parliament SECT V. That we find mention in History of divers Acts of Parliament or of the Nobles of the Kingdom continuing the Name and Honour of a King to him who by their own confession had not the immediate Title to the Kingdom and only Proclaiming him who had the Right by Proximity of Bloud Heir Apparent to the Crown 5ly MOreover we read of divers Acts of Parliament or of the Nobles of the Kingdom continuing the Name and Honour of a King to him who by their own Confession had not the just Title and only Proclaiming him who had the Right by proximity of Bloud Heir apparent to the Crown For instance The Contest betwixt Robert the Eldest Son of the Conquerour Ad haec etiam inter se constituerunt ut si comes absque filio legali in Matrimonio genito moreretur haeres ejus esset Rex modoque per omnia simili si Regi contigisset mori haeres illius fieret Comes hanc conventionem 12 ex parte Regis 12 ex parte Comitis Barones Juramento firmaverunt Flor Wigorn. p. 644. and William Rufus his younger Brother ended thus That f Robert dyed without a Lawfull Son King William should be his Heir and if King William dyed without issue Robert should be his Heir and this was Sworn to by twelve Barons of each side In the contest betwixt the same Robert and his younger Brother Henry Principes M. Paris p. 40. Hen. Hunting F. 216. B. Joh. Bromp p. 998. the Princes say some of our Historians the wise men of our Kingdom say others Sapientiores utriusque partis Dunelm p. 226. Flor. Wigorn. p. 650. R. Hoveden F. 268. B. Daniel p. 61. made a Mutual and general League of Concord by their Pious and Wise Council That Henry the First Amiciutriusque foedus inter eos statuerunt sic quod Rex propter manifestum jus quod habuit ad Regnum possidendum Roberto singulis Annis tria millia Marcarum Argenti daret ab Anglia quis eorum diutius viveret Haeres esset alterius si absque filio moreretur M. Westm p. 236. Henr. Huntingd. Hist l. 7. F. 216. B. M. Par. p. 40. being invested with the Crown by Act of the Kingdom should enjoy the same during life and that by reason of the manifest Right which Robert had to the Kingdom Henry should pay him 3000 Marks yearly and that the longest liver should be Heir to the other if he died without a Son by which Acts if William Rufus or Henry had Sons they were to Reign though the manifest Right was in Robert and his Heirs And here it is observable Maxima pars Nobiliorum Normannorum favebat Roberto cupiens hunc sibi asciscere in Regem fratremque aut fratri tradere vivum aut Regno privare peremptum hujus execrandae rei principes extitêre Odo c. hoc execrabile factum clam tractaverunt in quadragesima Florent p. 642. Dunelm A. D. 1088. Hoved. par 1. F. 264 Radulph de Diceto p. 489. Proditores vocat H. Huntingd. Hist l. 7. F. 213. Perfides W. Malmsb. Hist l. 4. F. 68. Conjurationis perfidiae Socios Florent p. 643. Perjurij Reos Matth. Paris p. 10. that though the greatest part of the Nobles did upon some dislike to Rufus to whom they had sworn Allegiance favour his Brother Robert desiring to advance him to the Kingdom and to destroy William or deliver him alive to his Brother yet do all our Historians declare that they who sided with William were faithfull to their Earthly Lord and the other party were Traiterous Perfidious and Perjured Persons and that the thing it self was an excrable fact And in like manner they who stood for Henry against the same Robert L. 5. de Henr. primo F. 88. who had manifest right are said by W. of Malmsbury justas partes fovere to be of the right side and they who fought against him to be fidei Regi juratoe transfugoe violaters of their Oath and yet this Henry was advanced to the Throne not because he had Right during the life of his Elder Brother but because Robert being gone to the Wars at Jerusalem Quia ignorabant quid actum esset de Roberto fratre primogenito timuerunt diu sine Regimine vacillare Matth. Paris p. 38. they knew not what was become of him and were affraid to be long without Government But to proceed to other instances of this Nature from History In the contest between King Stephen and Henry Duke of Normandy the Son of the Empress Maud and the Right Heir of the Crown Theobald Arch-bishop of Canterbury and Henry Bishop of Winton Rich. Hagulst p. 330. H. Huntind l. 8. F. 228. Joh. Brompt Chron. p. 1037. Gervas Chron. p. 1375. Chron. de Mailros p. 167. made peace betwixt them upon these conditions That King Stephen from that time should entirely enjoy the Kingdom as lawfull Prince with the Glory and Honour of it and Henry should succeed him in the Kingdom as lawfull Heir This peace was thus made by the Counsel of the Wise Men and the intervention of the Nobles and Friends of both parties and was declar'd to be honest and profitable R. Stephanus Ducem Hen. cognovit in conventu Episcoporum aliorum Regni Optimatum quod jus Hereditarium in Regnum Angliae habebat Dux benignè concessit ut R. Stephanus tota vita
sua si velle Regnum pacifice possideret M. Paris p. 61 M. Westm p. 246. and saith M. Paris it was concluded in a publick Convention of the Bishops and Nobles of the Kingdom Fourthly Thus was it also in the Case of Richard Duke of York and Henry the Sixth for though Richard was the Right Heir to the Kingdom Quod Dux filij sui Edvardus Comes Marchiae Edmundus Comes Rutlandiae qui ambo discretionis annos attigerant jurarent ipsi Regi fidelitatem quodque ipsum recognoscerent eorum Regem quamdiu ageret in humanis id enim Parliamentum ipsum decreverat addendo de ipsius Regis consensu quod quamprimum Rex ipse in fata decesserit licebit dicto Duci suisque Haeredibus coronam Angliae vendicare possidere Hist Coryl Ed. Oxon. p. 550. yet the Parliament held A. D. 1460. decreed that Henry the Sixth should reign and be King during his Life and that the remainder should rest in Richard Duke of York and the lawfull Heirs of his Body in general tail SECT VI. The Inferences from the Resolutions of the best Casuists to prove that the Oath of Allegiance and of the Coronation are reciprocal and consequently that the obligation of the Oath of Allegiance doth cease when the Original Compact is Fundamentally violated NOw the Inferences which naturally flow from this Historical Account of the Kings of England and their Government are these First That the Kings of England were Kings by virtue of an Original Compact made between them and the People this is apparent by the Contract made by the Conquerour with the Barons and the Nobility and Commonalty of England and the so frequent repetition of that or a like Contract by the following Princes of this Realm by the Oaths they took at their Coronation to preserve to the People their Ancient Rights and Liberties their Original Customs and Laws and by the continual claim the people made to the Laws of their Country the Laws of King Edward and the Magna Charta as their Right Accordingly the Lord Chancellour Fortescue Chap. 9.13 having declared that our Kings are Political Kings who received their Power from the People he adds That Chap. 14. p. 34. non alio pacto by no other Contract did ever any Nation willingly incorporate it self into a Kingdom but that they by that means might more safely than before enjoy Themselves and their Goods of which intent that Nation would be defrauded if having thus submitted to the Government of a King he might spoil them of their Goods which before it was not Lawfull for any man to do Secondly That this Compact was That the King should govern them according to the Tenor of such Ancient Laws and Original Customes as were received among them according to the Good Approved and Ancient Laws of the Kingdom saith M. Paris the Liberties in which the Nobles confided saith M. of Westminster the Laws of their Country saith W. of Malmsbury the Laws of King Edward say the forementioned Authours the Proper Laws and Ancient Customs in which their Fathers lived say Hoveden Stat. Merton c. 9.25 H. 8. c. 21. and the Chronicle of Lichfield the Laws of England the Ancient Laws of this Realm originally established say our Statutes the Laws of the Land the good Laws of the Land saith the Oath of Richard the Second the Charters of the Liberties of England the Common Liberty say the contenders for them with King John and Henry the Third the fundamental Laws of the Kingdom saith King James Let it be observed First Out of Fortescue That our Kings rule not by Royal only Ch. 9. p. 25 26. Ch. 13. p. 32. that is Absolute but by Political Power and that therefore a King of England cannot change the Laws of the Body nor invade their Properties but as they do consent Ch. 13. p. 32. c. 14. p. 34. that he is advanced to the Throne for the safety of the Law and his Subjects in their Goods and Bodies and derives even this Power from the People and therefore cannot Lawfully Rule over them otherwise Secondly That this is the difference betwixt a King Governing Absolutely and by Political Power that the first can change the Laws of his Kingdom F. 25. B. 26. A. impose Taxes and other burthens without consent of his Subjects whereas a King who Rules Politically over his People can neither change the Laws without consent of his Subjects nor charge them with strange impositions against their Wills That a King ruling only by Power Royal may easily become a Tyrant but whilst the Kingly Power is restrained by the Political Law F. 26. B. he cannot govern his People Tyrannically That the Contract made with a King governing Absolutely F. 35. A. is that his Will shall be the Law whereas a Political King cannot govern his People by any other Power than that of the Laws And from these Principles it clearly follows That a King Ruling Arbitrarily and Fundamentally overturning the Laws is no such King as our Constitution knows or ever did admit of That therefore no Obedience or Allegiance can be due to him by Law nor be intended in any Legal Oath unless we can suppose men at the same time intended to preserve their Constitution and yet designed to engage themselves and others to be assistant to subvert it Thirdly Let us consider the Rules laid down by the exactest Casuists touching the Cases in which the obligation of an Oath ceaseth and apply them to the present Case Thus then they say First That when the Matter of an Oath ceaseth the Obligation of it ceaseth also and that the Matter of it must then be judged to cease Tunc enim cessasse materiam censendum est cum rerum status inter tempus jurandi tempus adimplendi ita immutatus est ut si quo tempore jurabatur praevideri potuisset is qui postea insecutus est rerum status non omnino juratum fuisset San. de Juramento Prael 7. § 7. when the state of things betwixt the time of Swearing and of fulfilling the Oath is so changed that if it could have been foreseen by him who took the Oath at the time of his Swearing he would not have taken the Oath When the Root of the Obligation is taken away Quia Radice obligation is sublatâ tollitur unà pullulans inde obligatio fuit autem materia quae causam dedit jurationi Radix ejus obligationis quae ex illa juratione insecuta est Ibid. the Obligation thence arising must be taken away with it now that which gave the ground for taking the Oath is the Root of the Obligation which followed upon the Oath Among the conditions which are de jure communi to be understood in all Oaths though they be not expressed this saith the Reverend Bishop Sanderson Subingtelligendum quarto rebus scstantibus i. e. si res in eodem statu