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
Books lately printed for Awnsham Churchil THe late Lord Russel's Case written by the Right Honourable Henry Lord de la Mere. fol. An Historical Account of making the Penal Laws by the Papists against the Protestants and by the Protestants against the Papists By Sa. Blackerby Esq Obedience due to the Present King notwithstanding our Oaths to the Former Written by a Divine of the Church of England 4 to A modest Enquiry Whether St. Peter was ever at Rome and Rishop of that Church 4o. The Spirit of France and the Politick Maxims of Lewis XIV laid open to the World 4o. Memorials of the Manner of Proceedings in Parliament in Passing Bills 8o. Dr. Burnet's Travels Several Tracts in two Volumes 12o. A Collection of Texts of Scripture with short Notes upon them And some other Observations against the Principal Popish Errors 12o Dr. Daniel Whithy's Treatise of Worship of Images Of Communion in one kind His Treatise of Tradition in two parts His Consideration for taking the Oaths to King William and Queen Mary Dr. Worthington of the Resurtection 8o. Mr. Masters of Submission to Divine Providence 8o. Foxes and Firebrands 8o. 1st 2d and 3d. Parts Mr. Bold's Sermon on occasion of the Brief for Irish Protestants An Answer to Bishop Lake's late of Chester Declaration of his dying in belief of the Doctrine of Passive Obedience c. Sir William Temple's Observations on Holland 8o Miscellania 8o Dr. Carswel's Assize-Sermon at Abingdon August 6. 1689. Mr. Selden's Table-Talk 4to A List of the present Parliament Lords and Commons Present Case stated about Allegiance to King William and Queen Mary Debates of the late Oxon and Westminster Parliaments 8o Monsieur Jurieu's Accomplishment of Scripture-Prophecies compleat 8o New System of the Revelations 12o Voyage to Siam 8o A Letter concerning Toleration humbly submitted 4o stitcht Agreement between the present and former Government 4o 153 Chymical Apborisms By a Country Hermite 12o Reflections in Vindication of one Archdeacon from the scurrilous and groundless Invectives against him A Letter to the Author of 200 Queries concerning the Revolution of human Souls Abridgment of all the Tryals in the two late Reigns 8o Two Treatises of Government In the former the false Principles of Sir R. Filmer and his party are detected and overthrown The latter is a Essay concerning the true Original Extract and End of Civil Government A Letter to a Member of Parliament occasioned by a Letter to a Member of the House of Commons concerning the Bishops lately in the Tower and now under Suspension An Historical ACCOUNT OF SOME THINGS Relating to the Nature of the English Government AND THE CONCEPTIONS Which our Fore-fathers had of it With some Inferences thence made for the satisfaction of those who scruple the Oath of Allegiance to KING WILLIAM and QUEEN MARY LICENS'D Decemb. 19. 1689. J. FRASER LONDON Printed for Awnsham Churchill at the Black Swan in Ave-Mary Lane MDCXC THE PREFACE I Would not have the Reader think that I approve of every thing related in this Historical Account That which I think my self concerned to make good is this 1. That what I do relate as History is Historically true or that it is delivered without fraud or wilful perversion of the Authors cited 2. That what I lay as the Foundation of my Inferences is sufficiently confirmed by what I have delivered in this History That may perhaps be useful for many other ends relating to our Late happy Change but they are obvious in themselves and were not chiefly designed by me and therefore are not mentioned here Farewell THE CONTETNS SECTION I. THAT from the Norman Conquest to this present time there was an Original Compact or Establishment of Laws by which the Kings of England were to Govern and the People to be governed Page 1 Sect. II. That they thought it absolutely necessary that whosoever would be their King should make this Compact with them and be as much obliged by Oath to grant these Priviledges to them as they were to swear Allegiance to him p. 6 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 p. 14 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 strenghen their Title to the Crown or at the least to satisfie their People p. 35 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 Blood Heir Apparent to the Crown p. 40 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 p. 43 AN HISTORICAL ACCOUNT OF THE ENGLISH GOVERNMENT SECTION I. That from the Norman Conquest to this present time there was an Original Compact or Establishment of Laws by which the Kings of England were to Govern and the People to be governed I Am apt to think it may be want of due consideration of the History and Constitution of our Government which makes some worthy Persons of the Clergy so stiff in their refusal of the Oath of Allegiance to King William and Queen Mary Now the great mischief which this unhappy Division may bring upon the Protestant Religion both at home and abroad and the vile Imputations which are cast on that great Body of the Clergy which hath taken this Oath will justifie our Endeavours to set this matter before them in the clearest light and to let others know what hath been done by our Fore-fathers to secure their Laws and Liberties what Compacts they made with their Kings how uneasie they were under the Violation of them and what Conceptions they had touching the Nature and Constitution of the English Government and touching the Allegiance due to their Prince Now in order to these things let it be observed First Ubi Aldredus Archiepiscopus Wulfunus Wigorniensis Episcopus Clito Eadgerus Comites Eadwinus Morcarus de Lundoniâ quique Nobiliores cum multis aliis ad eum venerant datis obsidibus illi deditionem fecerunt fidelitatemque juraverunt cum quibus ipse foedus pepigit Dunelm p. 195. Flor. Wig p. 635. R. Hov. F. 258. That Florence of Worcester Simeon of Durham and R. Hoveden expresly say That William called the Conqueror made a League or Compact
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
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
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