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A91269 The second part of A seasonable legal and historical vindication, and chronological collection of the good old fundamental liberties, franchises, rights, lawes, government of all English freemen; their best inheritance and onely security against all arbitrary tyranny and Ægyptian taxes. Wherein the extraordinary zeal, courage, care, vigilancy, civill, military and Parliamentary consultations, contests, to preserve, establish, perpetuate them to posterity, against all tyrants, usurpers, enemies, invaders, both under the ancient pagan and Christian Britons, Romans, Saxons. The laws and Parliamentall great councils of the Britons, Saxons. With some generall presidents, concerning the limited powers and prerogatives of our British and first Saxon kings; ... are chronologically epitomized, ... By William Prynne of Swainswick, Esquire.; Seasonable, legall, and historicall vindication and chronologicall collection of the good, old, fundamentall, liberties, franchises, rights, laws of all English freemen. Part 2 Prynne, William, 1600-1669. 1655 (1655) Wing P4072; Thomason E820_11; ESTC R203292 115,608 151

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against such detestable treasonable violences for the future destructive to all Parliaments if permitted or silently pretermitted without question censure righting of the imprisoned members or any provision to redresse it for the future Our prudent Ancestors were so carefull to prevent all violence force arms and armed men in or near any places where Parliaments were held to terrifie over Qaw or disturb their proceedings or members That in the Parliament of 7 E. 1. as you may read in Rastals Abridgement Armour 1. Provision was made by the King by common consent of the Prelates Earls and Barons by a geciall act That in all Parliaments Treaties and other Assemblies which should be made in the Realm of England FOR EVER every man shall come without Force and withour Armour well and Peaceably to the honour of the King and of the peace of him and of his Realm and they together with the Commonalty of the Realm upon solemne advise declared That it belonged to the King and his part it is by his Royal Signiory strictly to defend wearing of Armour and all other Force against his peace at all time when it shall please him especially at such times and in places where such Parliaments Treaties and Assemblies are held and to punish them which shall do contrary according to the Laws and usage of the Realm And hereunto they are bound to old the King as their Soveraign Lord at all seasons when need shall be Hereupon our Kings ever since this statute by virtue thereof and by the Law and Custome of the PARLIAMENT as Sr. Edward Cook in his 4 Institutes c. 1. p. 14. informs us did at the beginning of every Parliament make a speciall Proclamation prohibiting the bearing of arms or weapons in or neere the places where the Parliament sat under pain of forfeiting all they had Of which there are sundry presidents cited by St. Edward Cook in his Margin whereof I shall transcribe but one which he omits and that is 6. E. 3. Rot. Parliament n. 2. 3. Because that before these dayes at the Parliaments and Councels of our Lord the King Debates Riots and commotions have risen been moved for that people have come to the places where Parliaments have been summoned and Assembled Armed with privy cotes of plate spears swords long knives or daggers and other sort of arms by which the businesses of our Lord the King and his Realm have been impeached and the great men which have come thither by his Command have been affrighted Our Lord the King willing to provide remedy against such mischiefs defendeth that no man of what estate or condition soever he be upon pain of Forfeiting all that he may forfeit to the King shall be seen armed with a Coat of Male nor yet of plate nor with an Halberd nor with a speare nor sword nor long knife nor any other suspicious arms within the City of LONDON nor within the Suburbs thereof nor any place neer the said City nor yet within the Palace of WESTMINSTER or any place neere the said Palace by Land or Water under the foresaid pain except onely such of the kings men as he shall depute or by his command shall be deputed to keep the peace within the said places and also except the Kings servants according to the Sta●ute of Northampton And it is not the intention of our Lord the King that any Earle or Baron may not have his Lance brought to him in any place but onely in the Kings Presence and in the place of Councell The like Proclamations were made in the beginning of the Parliaments of 9. 13 17 18 20 25. Ed 3. and sundry others more necessary to be revived in all succeeding English Parliaments now then ever heretofore since the unpresidented forces upon the late Members of both Houses and the Parliament it self by the Army-Officers and souldiers raised to defend them from violence The Treasonablenesse and Transcendency whereof being at large related in my Epistle to the Reader before my Speech in Parliament 4 December 1648. I shall not here criminally presse or insist on but referre them thereunto However for the future security and freedome of our Parliaments from violence I must crave liberty to imform these Army Parliament-drivers forcers dissolves habituated to this trade That if the late Kings march to the House of Commons accompanied onely with some of his Pensioners and others armed with Pistols and Swords meerly to demand but five Members thereof to be delivered up to Justice particularly impeached by him of High-Treason some dayes before to wit That they had traterously endeavoured to Subvert the Fundamentall Laws and Government of this Kingdome To deprive the King of his Royall power To place over the subjects an Arbitrary and Tyrannicall power To Subvert the very Rights and being of Parliaments and by force and terrour to compell the Parliament to joyn with them in their designs for which end they had actually raised and countenanced Tumults against the King and Parliament Or if the Kings bare tampering with some Officers of his own Northern Army to draw a Petition from them to the Houses or march towards London from their quarters not to seise upon force or dissolve the Parliament or its Members but only to overaw them and impeach the freedome of their debates Votes touching Episcopacy Church-Government and the Kings Revenews were such high transcendent violations of the Priviledges and Freedome of Parliament and unsufferable injuries as both Houses of Parliament seperatly and joyntly proclaimed them to all the world in severall Declarations during his life Or such capitall crimes as those who condemned and executed him for a Traytor and Tyrant have published in the Declaration of 17. March 1648. touching the grounds of their proceedings against him and setling the Government in the way of a Free State without King or House of Lords since his beheading in these very words But above all the English Army was laboured by the King to be engaged against the English Parliament a thing of that strange impiety and unnaturalnesse for the King of England that nothing can answer it but his being a Forraigner neither could it have easily purchased belief but by his succeeding visible actions in full pursuance of the same as the Kings comming in Person to the House of Commons to seise the five Members whether he was followed with some hundreds of unworthy debauched persons armed with swords and pistols and other arms and they attending him at the door of the House ready to execute what the Leader should command them This they charged against the King as the highest of his unparralleld Offences for which they appeal to all the world of indifferent men to judge whether they had not sufficient cause to bring him to Justice Though neither he nor his followers then seised secured secluded injured any one Member when they thus went to the Commons House Yea presently retracted and offered all satisfaction that should
suspecting the Kings minde towards his Nephew answered Se●e suam curiam habere et in illa diffiniri debere quicquid aliquis in homines suos clamaret Si ergo rectitudinem Evelino decrevisset appetere ipsum in urbe Troinovanto ex veterum traditione recepisset That he had his own Court and that in it what ever any one complained of against his men ought to be determined therefore if he decreed to desire justice against Evelin he might receive it in the City Troinovant according to the custome of the Ancients Upon this answer they departing discontented one from another Cassibelan threatned to invade and waste Androgeus his Country withfire and sword unlesse he delivered up his Nephew to justice which he peremptorily refusing Cassibelan wasted his Country accordingly notwithstanding all his entreaties by his kindred and friends to divert him from it Hereupon Androgeus sent messengers to Caesar complaining of this ingrate and injurious violence and craving assistance from him against Cassibelan who endeavoured to disinherit him of his Country by whose meanes he had inherited his own and gotten the victory over the Romans promised to joyne his forces with him and so make him Lord of all Britain if he would by his power restore him to his former dignity and possessions for which he giving Hostages to Caesar he thereupon returning into Britain routed Cassibelan and his whole Army by Androgeus his means and besieged him in a steep mountain to which he fled where he was very likely to be taken prisoner in a few dayes by famine Cassibelan thus destressed sent to Androgeus to remit the former injuries he had done him and to make his peace with Caesar Upon which he returning to himself taking pity on his own nation and Soveraign though he had done him so much injury repaired and used these memorable words to Caesar Behold thou hast sufficienily revenged thy self upon Cassibelan and subjected Britain to thee by my assistance Noluerunt dii omnipotentes nostri ut Dominum meum morte turpissima condemnnari aut vinculis patiar irretiri Habeto igitur misericordiam de eo Quia me vivente ipse periolitari non poterit cui auxilium meum reddere non erubescam nisi consilio meo parueris For our omnipotent Gods will not that I should suffer my Lord and King to be condemned to a most shamefull death or to be bound in Chaines Have mercy therefore upon him because whiles I live he shall not be in danger to whom I will not be ashamed to contribute my aide unlesse thou wilt obey my counsell O the memorable faith and Loyalty of this much oppressed injured Noble Pagan Briton to his Soveraign in his distresses notwithstanding all his former injuries and oppressions worthy all heroick Saints and true Christian Loyall English Subjects imitation and shaming some strange extravagant contrary practises of late times Upon which speech Caesar being pacified made this agreement with Cassibelan That he should promise to render to Caesar and the Romans three thousand pounds of silver every year by way of Tribute And so being made friends they bestowed mutuall gifts on each other After which Caesar wintering in the Island returned in the Spring with his Army into France and from thence marched towards Rome against Pompey From these few passages of the antient Britons before and till the Roman Conquest it is apparent 1. That the ancient Fundamentall Government of the Britons in this Island was only an Hereditary Kingship and Dominion And although about Caesars time they had many petty Kings and Kingdomes yet those Kings had the style honor power of Kings within their respective Kingdomes and were hereditary as Tacitus Dion and others cited by Mr. Camden attest as well as our British stories 2. That the British Kings were obliged to governe their subjects justly and righteously according to the established Lawes of those times which secured their Liberties Properties Goods Lives against all violence and arbitrary Tyranny Rapines Taxes 3. That the Britons had their nationall Councels or Parliaments consisting of their Kings Princes and Nobles wherein they consulted of all weighty affaires concluded of Warre and Peace and enacted and confirmed publick Lawes And the rarity of these Common-Councels by reason of their intestine discords was the greatest help and advantage the Romans had to conquer them as Tacitus observes in the life of Agricola 4. That they had Legall and proper Courts for trying all differences and malefactors according to their Lawes and ancient Customes and tryals by their Peers 5. That they were very zealous carefull and couragious to defend their Liberties Properties Laws against all Tyrannicall oppressing Kings Usurpatio●s and forain Invaders and to spend their lives in their defence not induring Slavery Bondage or Tributes 6. That their Nobles were persons of greatest power had in great respect and consulted with by their Kings upon all occasions as their Great Councell they doing nothing of moment but by their advice and consent 7. That though they were stout opposers of Tyrannicall oppressing Princes yet they were very Loyall and obedient to those who were just and never offered violence to any of their persons whom they deposed for misgovernment And so much concerning the ancient Britons before and till their begun Conquest by Julius Caesar before our Saviours Nativity 54. years SECTION II. Concerning the Britons Contests and Warres against Tyrants and forain Invaders for their Liberties Couutry Lawes and their Great Councels or Parliaments from Caesars Conquests during the Romans Dominion and untill the Saxons supplanted them and succeeded in their places AFter the death of Caesar and Cassibelan the Britons continuing for a time under the Government of their own hereditary Kings Tennancius the next succeeding King though he was warlike yet vigorem Justitiae colebat he executed Justice vigorously Kymbelinus his Son succeding him being educated by Augustus Caesar fell into so great friendship with the Romans ut cum possit Tributum eorum detinere gratis impendebat that he freely bestowed their Tribute on them when as he might have detained it being imposed on Cassibelan only by power of the invading sword of Caesar without right which bound neither him nor the Britons in Justice or conscience both Caesar and Cassibelan being dead In the 5. year of his Reign our Saviour Christ was borne In the 22 year of our Saviours Nativity Guiderius succeeding his Father Kymbelinus refused to render the accustomed tribute to the Romans which none of his Ancestors from the time of Julius Caesar durst to refuse Hereupon Anno Christi 44. the Emperor ●laudius with a great Army invaded the Island to conquer and reduce it under Tribute who was encountred and routed by Guiderius at the first but he being afterwards slain by the policy of Laelius Hamo the Britons being likely to lose the field Arviragus the slain Kings brother putting on his Armes encouraged the Britons so that they forced the
Romans to forsake the field Claudius afterwards besieging Arviragus who succeded his brother in Winchester they fell to a treaty Claudius proffered Arviragus that he should marry his daughter and hold the Kingdome of Britain peaceably from the Romans under the ancient Tribute upon which suaserunt majores natu Arbiago promissionibus Claudii acquiescere The elders assembled no doubt in councell about it perswaded Arviragus to consent to Claudius his promises for they said it was no disgrace to him to be subject to the Romans seeing they enjoyed the Empire of the whole world Paruit Arviragus consilio suorum Cesari subjectionem fecit Arviragus obeyed and by the advice of his councell did homage to Caesar Anno Christi 52. Arviragus refused to be any longer subject to the Roman power or to pay them Tribute Whereupon Claudius sent Vespasian to reduce him to obedience who after one battaile fought with great losse on both sides came to an agreement After which Anno 63. Joseph of Arimathea with XI more of Phillips Disciples arrived in Britain and preached the Gospell boldly to whose Preaching Arviragus cum proceribus suis with his Nobles and People hearing such new and unaccustomed things utterly refused to consent to their Doctrine neither would they change the traditions of their Fathers yet because they came from far and their lives held forth modesty and meeknesse the King at their Petition granted them the Isle of Glastonbury then horrid and untilled surrounded with woods bushes and lakes to inhabit Which grant his two next successors Marius and Coillus who exercised Justice and Law reverenced the Nobles of the Realme and paid the Tribute to the Romans because all the world was subject to them by his example confirmed giving to each of them one hide of Land a piece to this day called the 12. hides of Glastonbury confirmed to the Abby of Glastonbury afterwards by the Charters of many of our Christian Saxon Kings ratified in their great Councels and Parliaments By these passages it is clear That Taxes and Tributes not granted and assented to in Parliament though imposed by a Conquering Invader binde not the Nation or succeeding Kings That matters of Peace and Warre were determined in Common-Councels and Parliaments in that age That no publick change in Religion or Customes could be made without the Kings and Nobles consents and that the grant of the King of any Crowne Lands without common consent in Parliament bound not his successors unlesse they specially confirmed them by their new Charters How many bloudy Battails with various successe the ancient Britons under the conduct of their Kings and Queens fought against the Roman Emperors Claudius Vespasian and their Generals Officers and Forces after Julius Caesars time for defence of their Native Liberties Rights Lawes Government Country and to exempt themselves from all Tributes Taxes Purveyances imposed on or exocted from them by the Romans How impatient they were of bearing any Taxes or Imposts they never knowing what Servitude was being borne only for themselves and alwayes free unto themselves free from all contagion of Tyranny How oft they revolted from and rebelled against the Romans from time to time for their Oppressions Taxes turning them out of their ancient inheritances by force and using them rather like Slaves then Freemen You may read at large in Cornelius Tacitus Annal. l. 14. and in the life of Agricola in Mr. Camdens Britannia p. 24 to 48. Speed Holinshed and others and more especially in the notable speeches of Caractacus and Galgacus encouraging the Britons manfully to fight for their Country Liberty Lawes c. recorded in these Authors the later of them thus justly taxing the Romans Usurpation Ambition Covetousnesse Rapines and Tyranny in these words Robbers they be of the world who having left no more land to spoile now search also the Sea If their enemies be rich they covet their wealth if poor they seek to gain glory to take away by main force to kill and spoyle they falsely terme Empire and Government when they lay all wasie as a Wildernesse that they call Peace That every man should hold his own children and bloud most dear nature hath ordained and even those are pressed for Souldiers and caried away to serve as Slaves elsewhere our substance they draw from us for Tribute our Corne for provision our very Bodies and Lands they wear out and consume in paving of Bogs and ridding of Woods with a thousand stripes and reproachfull indignities besides Slaves yet which be born to bondage are bought and sold once for al and afterwards fed and found at their own expences But Britain dayly buyeth dayly feedeth and is at dayly charge with her own Bondage And as in a private retin●e of household Servants the fresh man and last comer is laughed and scoffed at by his other-fellowes even so in this old servitude of the whole World our destruction only is sought as being the latest and vilest in accompt of all other c. We as yet were never touched never foiled never subdued as men therefore that mean to maintain their Freedome not for the Present but for ever let us shew straightwayes in the first joyning what manner of men Caledonia reserved in store for her self c. It is not by their own vertue but by our jarrings and discords that yet the Romans are grown into fame to our shame be it spoken many of our own Nation now lend their lives to establish a forain Vsurper not out of any loyall affection but out of fear and terrour weak linkes and bonds of love Remove but them once those who shall cease to fear will soon begin to hate The free Cities are discontent and in factions while those who are under them obey with ill will and they that do govern rule against right Here is the Generall and here is the Army there are the Tributes here be the metall mines and other miseries inseparably following them that live under the subjection of others which either to continue or endure for ever it lyeth this day in this field Wherefore as you are going to Battle bear in your minds both the Freedome of your Ancestors and the Bondage of your Posterity Upon which Speech they manfully sought with the Romans preferring their Liberties before their lives About the year of Christ 50. the Romans extraordinarily oppressed the Britons under Claudius the Emperor Laetus Decianus their Procurator renewed the confiscation of their goods which Claudius had pardoned The Roman Colony at Camolodunum thrust out the ancient Inhabitants seating themselves in their possessions without any other recompence but reproachfull termes calling them their drudges slaves and vassals and the Temple there erected in honour of Claudius was now become an eye-sore to them as an Altar of their perpetuall subjection whiles the Augusta●l Priests there attending wasted all their wealth under pretext of Religion And that which was their greatest grievance Prasutagus King of the
and thereby restored them to their lost Liberty After which Victory Brute major●● na●u convocavit assembling the Elders of the People in nature of a Parliament demanded their advice what he should do with Pandrasus and what things and conditions he should for their benefit demand of him which he would willingly grant being in their power Whereupon some advised him to demand a part of his Kingdome for them freely to inhabit others counselled rather to demand of him free liberty for them all to depart thence with accommodations for their voyage to seek another habitation elsewhere others advised to bring Pandrasus forth a●d to put him to death and seise upon his Realme in case he refused to grant their demands At last Mempritius a great Counsellor standing up said Regem interficere cupiditate Dominandi nefas mihi videtur cum omnibus licitum sit pro patria pugnade To slay a King out of a desire of reigning in his stead seemes a wickednesse unto me seeing it is lawfull to all men to fight for their Country this was the Divinity and Morality of the very Pagan Britons in that age Whereupon I rather advise that we should demand his eldest daughter from him as a Wife for our Captain Brute and a good sum of Gold and Silver with her for her dowry with Ships and all other necessaries for our jouruey and free license to transport our selves to some other Country because we can never hope to live peaceablely there seeing the Children and Nephewes of those which we have newly slain in these Warres would meditate revenge To the which Tota Multi●udo acquievit all the Multitude assented and Pandrasus to save his life and gain his inlargement willingly condescended to furnishing them with Ships and Provisions With which Brute and all his associates arriving at Totnes in Albion seating themselves there Brute from his name styled this Iland Britain and his Companions Britons destroying those few Gyants which formerly possessed it and then building a City which he styled Troy-Novant now London dedicavit eam civibus jure victuris deditque legem qua pacifice tractarentur In this History of our first British King Brute we have these 5. remarkable particulars 1. A Warre to shake off Slavery and recover publick Liberty 2. A kinde of Generall Parliamentary Councell summoned by Brute of all the Elders of the Britons to advise of Peace Warre and of their common safety and affaires 3. A resolution against killing even a Tyrannicall oppressing King taken in the field in Battle out of Covetousnesse to enjoy his Crown and Dominions as a most wicked act 4. A setling of an hereditary Kingly Government in this Isle upon the very first plantation of the Britons in it 5. Lawes made and given to the people whereby they might live peaceably without injury or oppression This Kingdome descended in lineall succession from Brute and his Posterity to Leir Son of King Bladud who reigning 60. years and having only three Daughters Consilio procerum Regni by the Counsell of the Nobles of the Realme assembled in Parliament gave two of his Daughters in marriage to the Dukes of Cornwall and Albania with one Moiety only of the Iland whiles he lived and the whole Monarchy of Britain after his death After this Porrex slaying his elder Brother Ferrex to get the Crown was slain by his own Mother and her maids for his Treason and Fratricide whereupon civill discord arising a long time the Kingdome thereby was subjected to five severall Kings who infested one another with mutuall slaughters till Dunwallo Molmutius succeeding his Father Clotho King of Cornwall in the Crown slaying the usurping Kings of Loegria Wales and Albania reigned alone over them about the time of Nehemiah After which he enacted certain Laws called Molmutine Laws which for many ages after were very famous and generally observed among the Britons yea used commended by the Saxons and English and inserted into Edward the Confessors Lawes being famous till William the Conquerours time What these Lawes were in particular in relation to the Liberty and Property of the Subject appeares not but the issue proves that they tended to publick peace and preservation of the Subjects persons and estates from violence For in his Reign after these Lawes published for confirmation whereof he built the Temple of Concord in Troynovant where he was afterwards buried Latronum mucrones cessabant Raptorum saevitiae obturabantur nec l●erat usquam qui violentiam alicui ingereret The swords of theeves ceased the cruelties of Plunderers and violent takers of mens Goods and possessions were prevented neither was there any to be found in any place who would offer violence to any man Moreover he ordained That the Temples of the Gods and Cities and the wayes leading to them and the Ploughs of Husbandmen should enjoy the priviledges of Sanctuaries so as every person who fled unto them through guilt or otherwise might depart quietly with leave and without arrest before his enemy After his death about 400. yeares before our Saviours Nativity his two Sons Brennus and Belinus by consent divided his Kingdome between them till Brennus the younger Son aspiring after the Monarchy of the whole Iland was vanquished and expelled by his Brother into France In which Warre Gurthlac King of Denmarke ayding Brennus was taken Prisoner by Belinus Qui convocavit omnes Regni proceres c. who called together all the Nobles of the Realme to Yorke consilio eorum tractaturus to debate by their Councell in nature of a Parliament what he should do with Gurthlac who proffered to submit himself with his Kingdome of Denmarke to him to pay him an annuall Tribute and to ratifie this agreement by his Oath and sureties for his inlargement and ransome Whereupon the Nobles Resolved that he should be enlarged upon this condition which was done accordingly Convocatis proceribus cum id judicatum fuisset assensum prebuerunt cuncti that he should be enlarged upon these conditions as the Marginall Authors record After which King Belinus obtaining the Government of the whole Iland Confirmed his Father Molmutines Laws commanding upright and stable Justice to be done throughout the Land and the wayes to the Temples to be marked out in all places with stones that they might not be ambiguous being priviledged from arrests and violence This King addicting himself constantly to Justice the people thereby became more wealthy in few years then ever they had been in former times After this Brennus arriving with an Army out of France to recover his right Belinus being ready to encounter him in a set Battaile their Mother mediated a Peace between them whereupon they lovingly embraced each other and going to Troinovant inito concilio quid agerent having there hold a Councell what they should do they Resolved to send a common Army to conquer France and other Forain parts which they put in execution Here we have matters of Warre
Iceni famous for his riches which he had been a long time gathering by his will made Claudius and his own two daughters his heir thinking by his flattery to make his Kingdom and house sufficiently secure from Injurie which fell out quite contrary for his Kingdome by the Roman Centurions and his house by Slaves was seised on and spoyled as lawfull booty his wife Boadicia whipped his Daughters deflowred the chiefest persons of that Province dispossessed of their lawfull Inheritance and the Kings kindred reputed and used as slaves Hereupon the Icenians began seriously to discourse of their present bondage and miseries made subject to a Lieutenant which sucked their bloud and to a Procurator that sought their substance whiles with a servile fear they yealded to please the meanest Souldier as though the Heavens had framed them only for servitude and the earth appointed to bear their injuries unrevenged and meeting together in secret consultations they ripped up their wrongs and oppressions and aggravated them to the highest saying that no other good was to be looked for by their sufferance but that more grievous burdens should be imposed upon them still as men ready to bear all willingly c. That the Roman Souldiers from whose unsatiable avarice and unbridled lust nothing was free were but a handfull in respect of the Britons that if they would but endevour to follow the prowess and valour of their Ancestors and not be dismayed with the doubtfull successe of one skirmish or two they would soon enforce them to recede out of the Island c. In fine they resolved That Liberty was to be preferred though bought with their lives and Bondage to be avoided if not otherwise then by their deaths Whereupon chusing Boadicea for their Leader they suriously fell upon the insulting oppressing Romans slew no lesse then seventy thousand of them and their confederates sacked and plundered their free Town Verolamium resolving to extirpate and drive them out of the Island Upon this Suetonius the Roman Governor collecting all the Forces he could raise against her She made a most gallant encouraging Oration to her Britons thus aggravating their oppressions What abuse can be so vile that we have not suffered or indignity so contemptible that we have not borne my stripes yet felt and seen against their own Laws do witnesse well what Government they intend Your wealth is consumed by their wastfull wantonnesse your painfull travels upholding their idlenesse do seal the issues of our succeeding miseries if not timely prevented by one joynt endevour You that have known the Freedome of life will with me confesse I am sure that Liberty though in a poor estate is better then fetters of gold and yet this comparison hath no correspondency in us for we now enjoy no estate at all nothing being ours but what they will leave us and nothing left us that they can take away having not so much as our very heads tole free Other subdued Nations by death are quit from Bondage but we after death must live servile and pay tribute even in our graves Have the heavens made us the ends of the world and have not assigned us the ends of our wrongs Or hath nature among all her free works created us only Britons for bondage Why what are the Romans are they more then men or immortall Their slain carcasses sacrificed by us tell us they are no Gods But you will say they are our Conquerors Indeed overcome we are but by our selves our own factions still giving way to their invasions Our dissersions have been their only rising and our designes been weakned by homebred Conspiracies We have as much to keep as birthright can give us that is our Island possessed by our Ancestors from all antiquity ours by inheritance theirs by intrusion claimes so different in the scale of Justice that the Gods themselves must needs redresse Whereupon the Britons fighting valiantly lost eighty thousand of their lives to redeem their Liberties and Boadicea seeing her Army routed chose rather out of a noble spirit to end her life and miseries together by poyson then to live under the Roman bondage and see her Country languish under their intolerable oppressions About the year of our Lord 179. or rather 185. Lucius King of Britain who succeeded his Father Coillus by descent being converted to the Christian faith with most of his Nobles and Subjects the first Christian King and Kingdom in the world petitioned Pope Eleutherius as the marginall Authors testifie Ad Petitionem Regis et procerum Regni Britannie assembled no doubt in a general Councell when they made and sent this Petition to send a copy of the Imperial Roman Laws to govern the people by who returned the King this answer in writing You have requested from us that the Laws of Rome and Caesar might be sent over which you desire to use in the Realm of Britain The Roman and Caesars Laws we may alwayes reject but the Law of God in no wise You have received of late through Gods mercy in the Realm of Britain the law and faith of Christ y●u have with you in the Realm both Testaments out of them by Gods grace per consilium Regni vestri sume ●egem by the Councell of your Realm take a Law and by it through the patience of God govern your Realm of Britain For you are Gods Vicar in the Realm c. The Kings children are the Christian Nations who live and consist in the Realm under your protection and peace according to that in the Gospell As the hen gathereth the chickens under her wings the Nations and people of the Realm are yours which being divided you ought to congregrate into one t● reduce to concord and peace and to the faith and Law of Christ and to the holy Church to foster maintain protect governe and always to defend from injurious and malicious persons and from enemies Woe to the Realm whose King is a childe and whose Princes eat in the morning I call not a King a child from his Nonage but for his fol●y iniquity and madnesse according to the royall Prophet Bloudy and deceitfull men shall not live out half their dayes c. A King is denominated from ruling not from a Kingdome Thou shalt be a King while thou rulest well which unlesse thou shalt do the name of a King shall not appear in thee and thou shalt lose the name of a King which God forbid Almighty God grant you so to rule the Realm of Britain that you may reign for ever with him whose Vicar you are in the Realm aforesaid This Epistle shewes that the power of making Laws was vested only at that time in this Popes judgment in the King and his great Councel of the Realm and that Kings only ought to rule and govern their people righteously according to the Laws of God and the Realm as Gods Vicars upon earth and to protect them from all violence wrong and enemies
Matthew Parker Archbishop of Canterbury thus comments on this Epistle That in condendis legibus in making Laws the King needed not the Popes authority or assistance having the books of the old and new Testament out of which adhibito procerum consilio by the Counsell of his Nobles he might take holy Laws without any error being sufficiently supported with his own not a forain authority he being Gods Vicar in his own Realm and representing his power to his people After which this King by advice and consent of his Princes and Nobles built and endowed many Churches with Glebes and Lands abundantly confirming them with Charters and Muniments and likewise ordained that Churches and Churchyards should be so free that no Malefactor or other persons flying to them should be arrested or suffer any violence in them King Lucius dying without heir Anno Dom. 201 thereupon discord arose amongst the Britons which gave great advantage to the Romans who thought at first they suffered the British Kings to reign under them making them the instruments of their own and their peoples slavery by their compliance with the Romans yet at last perceiving that divers of th●se British Kings to regain their own and their peoples Liberties did oft times rebell and raise up warres and seditions against them Thereupon after King Lucius his death to keep the Island in greater quietnesse and subjection under them they made a decree That none of the British bloud or race should from thence forth be invested with royall dignity in the Isle as the principall means to keep them in perpetuall slavery and insteed of one King they placed over the Britons in every Province First a Lieutenant with severall Garrisons of horse and fo●t who disarmed all the Natives they suspected sucked the peoples bloud and vexed them with Souldiers and Contributions Next a Procurator and Publicans who like greedy●Cormorants and horse-leeches confiscated their goods preyed upon their estates and vexed them with perpetuall exactions extortions and reproachfull abuses Also a Pretor and Proconsul with absolute power and commission to govern them after the Roman Laws not permitting them to use the ancient Laws of their Country and to minister Justice in all capitall matters with great pompe and severity So that the Roman Lawes were now only in use and force amongst the Britons which a learned Poet thus expresseth Cernitis ignotos Latia sub lege Britannos And withall they endevoured constantly to nourish discord and division amongst the Britons themselves and by these wily Policies kept them in subjection under them who yet upon all occasions and advantages endevoured to shake off the Roman yoak and restore their native Liberties Laws Government with the hazard of their lives as our Historians largely relate About the year of Christ 286. Carausius a Briton having gotten a Commission from Rome to defend the Sea coasts of Britain from the incursions of barbarous Nations raysing great forces under that pretext promised the Brit●ns That if they would chuse him for their King he would expell the Romans and free the whole Island from the Barbarians Whereupon they all consented and made him King upon which he denied to pay the Romans their accustomed Tribute The Senate being informed hereof sent Alectus into Britain to reduce it who joyning battail with Carausius slew him and made a great slaughter of the Britons because they revolted from the Roman republick and subjected themselves to Carausius who preferred their liberties before their lives Alectus taking upon him the royall Diadem was soon after slain with most of his Roman Souldiers by Asclipiodorus Duke of Cornwall and the Britons fighting to regain their Liberties who crowned Ascl●piodorus King by common consent He ruled them for X. years with right justice restraining the cruelty of Plunderers and swords of Robbers and freed them from the Roman tribute Coel Duke of Colchester slaying him and making himself King the Romans having lost their tribute for above ten years space sent Constantius into Britain to reduce it under obedience who no sooner landed but Coel hearing of his great fame and victories in other parts sent Ambassadors to him craving peace and promising subjection which he accepted of exacting nothing but the usual tribute Coel deceasing shortly after leaving one only daughter Helena to inherit the Kingdom Constantius maried and begot upon her that famous Constantine the Great This Emperor Constantius Chlorus coming into Britain to govern it about the year of Christ 302. finding the ill effects of others tyranny and rapine shewed himself very loving gentle affable and kind to the people little regarding his private profit but altogether reigning to enrich his subjects and to that end would often say I would our late and present Tax-imposing Governours would remember it That it was more behoovefull for the publick that the wealth of the Land should be dispersed into the Commons hands then to lie locked up in Princes coffers or in such a Common Treasury as our new Projectors have provided for it by the 28 29. Articles of their Ill-sounding instrument after which they would have us henceforth dance The Emperor Constantine the Great his Son borne and crowned both King and Emperor in Britain amongst other good Laws made these two memorable ones for the relief of poor Christians injuriously banished and deprived of their Lands and Goods by Diocletian Maximinian Licinius and other persecuting Pagan Roman Emperors about the year 313. wherein he restored the banished Christians to their native Countries Lands and former dignities as the Marginall Authors witnesse Which Lawes are recorded in Eusebius de vita Constantini l. 2. c. 30 31. The first of them is intituled A Law for fre●ing or relieving banished men to this effect Therefore all those who being brought under the cruell sentences of Iudges at what time soever it befell them have been compelled to change their Country by exile because they neglected not what made for the honour of God and Religion to whom they had consecrated themselvos with the whole powers of their souls All these I say being restored both to their hereditary Possessions and their accustomed tranquillity may give thanks to God the setter free of all men And those who having been deprived of their Goods oppressed with the losse of their Estates have hitherto lived a most contemptible life these being likewise restored to their former houses families and goods may chearfully prayse the beneficencie of God who is best and mightiest The second inscribed A Law reducing those who were banished into Islands in these words Moreover we command that those who are now detained in Islands against their wils shall enjoy the benefit of this our provision and care to wit that whereas hitherto they have been shut up on every side in the narrow cliffs of mountains and invironed with the raging waves of the Sea being now freed from that bitter
solitarinesse utterly repugnant to the nature of men they may return again to their most beloved friends And whereas they have lived a long time in a filthy sordid and odious condition having obtained a returne as a sudain and unexpected booty and being freed from cares and troubles they may hereafter live a life void of fear under our Empire In the year of grace 376. Octavius King of the Britons dying without issue male leaving one only daughter there fell out a difference among the Britons to whom they should marry her with the Kingdome at last in the year 379. Magnates Britannie the Nobles of Britain that they might obtain a firme Peace concluded no doubt in a generall Councell to send Embassadors to Rome to tender the Lady with the Crown to Maximian a Roman Senator Son of Leolin a●Briton Unkle to Constantine the Great Geoffry of Monmouth and his Epitomizer Ponticus Virunnius thus relate the story That King Octavius being old and having one only Daughter quesivit a consiliariis suis demanded of his Counsellors whom they desired to advance to be King after his decease Whereupon some of them advised that he should bestow his daughter together with the Realm on some of the Noble Romans to procure a firme peace Others advised that Conon his Nephew should be installed in the royall Throne of the Realm and his Daughter with gold and silver married to some forain Prince Whiles these things were debating Caradoc Duke of Cornwall came in and gave his advice that they should invite Maximinian the Senator descended of British and Roman as well as royall bloud to come into Britain to marry the Kings Daughter and with her the Realm whereby they should enjoy perpetuall Peace Which Conan for his own interest opposed but major pars Laudabat the major part of the Nobles approved it and consented thereunto Whereupon Caradoc sent his Son Maurice to Maximinian who related to him that Octavius being aged and sick desired nothing more then to finde out such a person of honour on whom he might bestow his Kingdome with his daughter consiliumque a proccribus suis quesivit and that he had demanded counsell from his Nobles to whom he might marry his only daughter with the Crown That the Nobles in obedience to his command Decreverunt ut tibi Regnum et puella concederetur had decreed that the Kingdom with the Damsel should be granted to him that they had decreed he should come and give him notice thereof Whereupon Maximinian imbracing the offer came into Britain and landed at Hampton with a great train of Souldiers the King suppofing them to be an Army of Enemies commanded all the forces of the Kingdome to be assembled and march against them under Conan which Maximinian admiring at and unable to resist them sent Embassadors to Conan with olive branches telling him they were sent from Rome to the King and required peace till they knew his pleasure And when Conan doubted whether to give them Peace or Battaile Caradoc Duke of Cornwall and the rest of the Nobles disswaded Conan from fighting with them and advised him to grant them Peace which he did who being brought to London to the King he communi consensu by common consent of his Nobles gave his Daughter with the Kingdome to Maximinian By which it is apparent that the King without consent of his Nobles in Parliament could not dispose of his Daughter nd ●heir to the Crown nor of his Kingdome to another That the Nobles in that age were the Kings great Councell and Parliament of the Nation and that the major part of them swayed all businesses in their Councels by the majority of voices the ends for which I relate it In the year 390. Maximus the Tyrant King of Britain invading Armoric● in France caried such a multitude of Souldiers with him out of Britain that he left almost all Britain empty of Souldiers and Forces to defend it carrying all the Souldiers and Warlike young men with him leaving none but unmanly and country people behinde him and having subdued all Armorica that year he styled it little Britain The next year he sent for one hundred thousand Britons more to people it and thirty thousand Souldiers out of Britain to garrison the Townes and the next year he sent for eleven thousand Virgins and sixtie thousand other persons to be transported into little Britain whereby old Britain was almost quite dispeopled and left destitute of all defence Hereupon the Huns and Picts invaded and infested the Britons very much slaying the Britons and wasting their Cities and Towns the Britons sending to Maximus for assistance he sent Gratianus a Senator with two Legions to aide them who slew many of the enemies and chased the rest into Islands Anno 392. Maximus being slain at Rome thereupon Gratianus taking upon him the Crown of Britain made himself King thereof after which he exercised so great Tyranny towards the Britons that the common geople gathering together slew him Whereupon the former expulsed enemies returning oppressed and afflicted the Britons very much for a long time Upon this the Britons Anno 420 and 421. sent to the Roman Emperors for aide to expell these invaders which they sent accordingly but in small proportion who chasing away the enemies for the present then encouraging and teaching the Britons how to defend themselves and make wals and Fortifications to resist their invasions returned back again by reason of other Warres Upon this their former enemies infested them more then formerly As last Anno 434. in the 8. year of Theodosius the younger the Romans by occasion of other Warres withdrew all their Souldiers out of Britain leaving the Britons destitute like so many sheep without a Shepherd exposed to the Wolvish cruelty aud depredations of the Picts Scots Norwegians Danes who forced them to flie from their Cities and Houses into Woods Mountains Caves Rockes and there to hide themselves from their bloudy fury In this distresse they sent Messengers to Rome with this short mournfull relation of their lamentable condition Agitio ter Consuli Gemitus Britonum salutem Nos mare ad Barbaros Barbari ad mare propellunt Inter haec autem duo funerum genera oriuntur aut enim submergimur aut jugulamur The Messengers returning without any aid from Rome which was denied them and relating to their Country-men their sad repulse the Britons taking counsell together how to redeem themselves in this forlorne estate withheld the payment of their ancient Tribute to the Romans which they had a long time paid them and sent Guithelin Archbishop of London to their Brethen in little Britain for aid where being honorably received by King Androenus he acquainted him with the cause of his coming and the great miseries and distresses of his Countrymen pressing him with many arguments to goe and receive the Kingdome of Britain which of right belonged to him and
where destroyed to the ground by the Saxons Anno 468. sent for Work-men and caused them to be new built placed Preshyters and Clerkes in them restored divine Service to its due state utterly destroyed the prophane Temples and Idols of the Saxons blotting out their memory from under heaven Moreover he studied and commanded to observe Justice and Peace to Churches and Church-men conferring many Gifts on them out of his Royall bounty with ample Rents commanding all to pray for the prosperity of the Realm and State of the Church The year following by his Letters directed to all the Coasts of Britain he commanded all who could bear Armes speedily to repair to him and to endeavour to exterminate the Pagans out of the confines of Britain Whereupon all of them being assembled together he marched with them against Hengist and the Saxons after a bloudy battel Hengist was taken Prisoner by Duke Eldol fore-mentioned and his whole Army routed The King upon this victory coming to Glocester calling his Captaines and Nobles together commanded them to resolve WHAT OUGHT TO BE DONE CONCERNING HENGIST upon which Eldad Bishop of Glocester brother to Duke Eldol commanding all to be silent grinding his teeth for anger said Although all would set this man free yet I will hew him into peices O effeminate men why doe yee demurre Did not Samuel the Prophet when he hewed the King of Amaleck taken in warre in peices say As thou hast made many Mothers childlesse so will I this day make thy Mother childlesse among women So doe yee likewise concerning this other Agag who hath bereaved many Mothers of their Children Upon which words Eldol drawing forth his sword led Hengist out of the City and cutting off his head sent him packing to hell After this CONVOCAVIT REX CONSVLES ET PRINCIPES REGNI EBORACVM The King called the Consuls and Nobles of the Realm together to York and commanded them to repair the Churches the Saxons had destroyed himself building the Cathedrall there Then marching to London Anno 490. Octa and the other Saxons unable to withstand his power submitted to him confessing his God to be stronger than their Gods with whom he made this agreement that they should leave Kent and those other places they possessed and seat themselves in a Country neer Scotland which he gave them Then going to Ambri he caused great stones there remaining to this day to be set up as a Monument for the Noble Britons there treacherously slain Where he holding A COUNCIL WITH HIS BISHOPS ABBOTS and OTHER NOBLES was Crowned again on Whitsunday and granted the Metropolitical Sea of York then void to Sampson and that of the City of London to Dubritius and likewise REGNVM DISPOSVIT LEGESQVE RENOVAT set the Kingdomes in order and renued the Lawes After this he and the Britans had many battles with the Saxons to defend and recover their Country Liberties Lawes till at last he 〈◊〉 tr●yterously poysoned Anno 497. whose death the B●itons 〈◊〉 cum quo simul MILITIA ET 〈◊〉 B●●TONVM EXPIRAVIT as Mathew Westminster and others write From this memorable Story of Vortigerne Aurelius Ambrosius and the Britons and Saxons these particulars are observeable 1. That the British Kings in those times debated all their weighty affaires and concluded all matters touching Warre Peace and the publick defence of the Realm against invading Enemies in Grand Parliamentary Councils in which they likewise made Laws and Edicts 2. That the Princes Dukes and Nobles ●ere the onely or principle Members of the Great Councils of the Realm in those dayes by whose advice all things were managed 3. That Traytors to and Murderers of their lawfull Soveraignes usurping their Crownes bring commonly great fearful Judgements on the whole Kingdome and Nation in case they comply with them therein 4. That Vortegernes Treason in murdering his Soveraignes and usurping their Crown was the occasion of and punished with the long-lasting Warres with the Picts and Saxons yea the original cause of the great revolution of the Government Kingdome and Country of Britain from the Britons to the Saxons 5. That although a bloudy usurping Traytor may reign and deprive the right heir of the Crown of his right for many yeares yet his reign is usually full of warres vexations dangers troubles his end tragicall and the right heir called in and restored by the people themselves at last as her● Aurelius Ambrosius was after 21 yeares usurpation of his right and Joash in the seventh year of Athaliah's usurpation 2 Chron. 23. 6. That usurpers are apt to depresse the Nobility and oppresse the Natives of the Realm for fear they should oppose their T●ranny and dethrone them 7. That a●l Heresies vices contempt of God and Religion usually s●●ing up and overspread the Realm under Usurpers who give publick countenance to them to please all sides to suppo●● u●just authority over them 8. That it is very dangerous to call in forrain Forces upon any necessity into a Kingdome as assistants who commonly prove worse Enemies in conclusion than those they are called in to 〈◊〉 9. That all Mercenary Guards and Souldiers especially Forraigners are for the most part very Treacherous and Perfidious for●ibly suppressing supplanting destroying those Princes and Nations they are hired to guard and protect 10. That lawful hereditary Kings are the cheifest Patrons of Gods Ministers Churches Religion and the death of such then religious just valient the greatest losse and misery that can befall a Nation 11. That all Subjects are obliged to defend with their armes and lives their Native Country and lawful Kings against Invaders and Usurpers 12. That the worst of Kings and Usurpers in cases of extream danger are enforced to all Common Councils and to crave the advice and assistance of their Nobles as Vortigerne did here as well as the justest Kings Aurelius Ambrosius dying by poson without Issue Anno 497. Vther Pondragon his Brother and next heir posting to Winchester assembled the Clergy and People of the Realm thither and took upon him the Crown of the Realm which done PRAECEPIT VTHER CONSVLES SVOS AT QUE PRINCIPES AD SEVOCARI VT CONSILIO SVORVM TRACT ARET QVALITER IN HOSTES IRRVPTIONEM FACERENT Vther commanded his Consuls and Nobles to be called to him that by their advice he might debate in what manner they should assault the Enemies whereupon they all assembling in the Kings presence upon mature debates they all agreed to the advice there propounded by Gorlois and encountring the Saxons slew many of them routed the rest took some chief Commanders Prisoners and put them in Prison at London whether the King repaired The feast of Easter approaching REX PRAECEPIT PROCERIBVS REGNI IBI CONVENIRE The King commanded all the Nobles of the Realm to assemble TOGETHER AT LONDON that wearing his Crown he might celebrate the holy day with due honour ALL PRESENTLY OBEYED and the King celebrated the Festivity with joy Among other Nobles
Gorlois Duke of Cornwall was present The King not long after being taken with a great sicknesse Octae and Osa the Saxon Generals bribing their Keepers efcaped out of Prison and then collecting all their forces resolved to extirpate the Britons and Christian Religion out of the Island in pursuance whereof they wasted the Land from Sea to Sea sparing neither Bishops nor Churches overruning all places without resistance The Britons deserting their sick King fled into Woods and Caves refusing to follow the Counsel and Conduct of Consul Lotho a most valiant man whom the King had made Generall of his Forces Hereupon King Vther being much grieved for the Subversion of the Realm the Oppression of the Church the Desolation of the Nobles and Dispersion of the People Anno 512. CONVOCATIS OMNIBVS REGNI SVI MAGNATIBVS calling together all the Nobles of his Realm in a General Parliamentary Councel sharply reproved them both for their Pride and S●othfulnesse and casting out many bitter words with reproaches against them informed them that he himself would lead them against the Enemies that so he might reduce the minds of them all to their pristine state and audacity And commanding himself to be carried in his sick bed in a Litter into the Camp his infirmity not permitting him to be carried otherwise he marched therein with all the strength of the Kingdome against the Enemies who scorned to fight with him being sick in his Litter and at last forcing them to fight after many bloudy encounters utterly routed their forces and slew Octa and Osa their Generals Anno 516. The Saxons treacherously poysoning this Noble King the Bishops Clergy and People of the Realm assembling together buried him honourably at Ambri within the Quire of Giants The funeral being ended Dubricus the Arch-Bishop SOCIATIS SIBI EPISCOPIS ET MAGNATIBVS associting the Bishops and Nobles to him magnificently advanced his Son Arthur a youth but sixteen yeares old to be King to which Solemnity CONVENERVNT EX DIVERSIS PROVINCIIS PROCERES BRITTANNORUM the Nobles of the Britons assembled out of divers Provinces to Ca●rleon and there crowned King Arthur who having routed the Saxons in twelve severall Battles afterwards if we believe our British Fables as Malmesbury stiles them conquered all France and keeping his Court at Paris CONVOCATIS CLERO ET POPVLO STATVM REGNI PACE ET LEGE CONFIRMAVIT Whence returning into Britain in triumph about the year 536 Pentecost aproaching he resolved to keep that Solemnity at Caer-●eon and there to be new Crowned Whereupon he sent Messengers into all the Kingdomes and Countries subject to him inviting ALL THE KINGS DUKES and NOBLES SUBJECT TO HIM TO COME TOGETHER TO THAT SOLEMNITY that he might ren●e a most firm Peace between them Whereupon no lesse than thirteen Kings three Arch-Bishops with sundry PRINCES DUKES CONSULS EARLES and NOBLES there assembled whose names you may read at large in Geoffry Monmouth The King being solemnly crowned by D●bricius Arch-Bishop of 〈◊〉 in the midst of the Feasts Sports and 〈…〉 at this Coronation behold twelve men of mature age of reverend countenance bringing Olive branches in their right hands in token of their Embassy with grave paces came to the King and having saluted him presented him with 〈…〉 Luciu Tiberius Procurator of the Roman R●publi●k to this effect I exceedingly admire the frowardnesse of thy Tyranny a●d the Inj●ry thou hast done to Rome that going out of thy self thou refusest to acknowledge her neither dost thou consider what it is to offend the Senate by unjust actions to whom thou art not ignorant the whole 〈…〉 Service For thou hast presumed to detain THE TRIBUTE OF BRITAIN which THE SENATE COMMANDED THEE TO PAY because Caius Julius and other Romane Emperours have injoyed it for a long time neglecting the command of so great an Order Thou hast taken away from them the Province of the Switzers and all the Isles of the Ocean whose Kings whiles the Roman power p●evailed in those parts pai● Trib●te to our Ancestors Now because the Senate hath diverced to demand Justice concerning so great heapes of thy injuries I command thee to rep●ir to Rome to answer them on the midst of August the year following the time pr●fixed to thee that satisfying thy Lords thou maist submit to that sentence which their Justice shall pronounce But if thou refusest I my self will come in person into thy Quarters and will endeavour to restore by the Sword what ever thy frenzy hath taken away from the Republick This Letter being read in the presence of all the Kings and Nobles present King Arthur went apart with them to consult concerning this businesse where craving their unanimous advise and sense conce●ning these Mandates He said That he thought the inquietation of Lucius was not much to be feared since ex irrationabile causa from an unreasonable cause he exacted the Tribute which he desired to have out of Britain For he saith that it ought to be given to him because it was paid to Julius Caesar and the rest of his Successors who invited by the divisions of the old Britons arrived with an Army in Britain and BY FORCE and VIOLENCE SUBJECTED THE COUNTRY TO THEIR POWER SHAKEN WITH DOMESTICK COMMOTIONS Now because they obtained it is in this manner Vectigal ex ea INIVSTE RECEPERVNT They RECEIVED TRIBUTE CUT OF IT unjustly Nihil enimu od vi violentia acquiritur juste ab ullo prossidetur qui violentiam intulit Irrationabilem ergo causam pretendit qua nos jure sibi tributarios arbitratur c. FOR NOTHING WHICH IS ACQUIRED BY FORCE and VIOLENCE IS JUSTLY POSSESSED BY ANY MAN WHO HATH OFFERED THE VIOLENCE Therefore he pretends AN UNREASONABLE CAUSE whereby he supposeth us of right to he Tributaries to him Now because he presumes to exact from us id quod injustum est THAT WHICH IS UNJUST by the same reason let us demand Tribute of Rome from him and he which shall become strongest let him carry away that he desires to have For if because Julius Caesar and the rest of the Roman Emperours have in times past subdued Britain he determines that Tribute ought now to be rendred to him out of it in like manner I think that Rome ought now to render Tribute unto us because my Ancestors have in ancient times obtained it For Belinus that most noble King of the Britons using the assistance of his Brother Brennus Duke of the Allobroges having hanged up four and twenty of the most Noble Romans in the midst of the market place took the City and being taken possessed it a long time Moreover Constantine the sonne of Helen and Maximianus both of them my neer Kinsmen both of them Kings of Britain one after the other obtained the Throne of the Roman Empire Doe yee think therefore that Tribute is to be demanded by the Romans Concerning France or the Collaterall Islands of the Ocean I am not to answer to
them seeing they deserted their defence when we substracted them from their Power The whole Council of Kings and Nobles present assenting fully to this his opinion and resolution promised him their assistance in this cause against the Romans Whereupon he returned Answer to the Roman Emperours by the said Messengers THAT HE WOULD BY NO MEANES RENDER THEM TRIBUTE NEITHER WOULD HE SUBMIT HIMSELF TO THEIR JUDGEMENT CONCERNING IT NOR REPAIR TO ROME yea that he demanded from them that which they had decreed by that their judgement to demand from him And hereupon some say he writ this Letter unto the Senate of Rome in answer of theirs Vnderstand among you at Rome that I am King Arthur of Britain and FREELY IT HOLD and SHALL HOLD and at Rome hastily will I be not TO GIVE YOU TRUAGE Tribute but to have Truage of you For Constantine that was Helens Son and others of mine Ancestors CONQUERED ROME and thereof were Emperours and that they had and held I shall have and hold by Gods grace Whereupon Lucius Tiberius by command of the Senate raising great forces amongst the Eastern Kings to subdue Britain was encountred and slain by King Arthur with all his Roman forces in the valley of Soisie in France Anno Dom. 537. since which this Tribute was never demanded This History whether true or seigned as it declares by the Resolution of thirteen Kings and a great multitude of Princes Dukes Nobles Prelates Souldiers that Titles and Tributes gotten by Force Violence Conquest are both irrational unjust and illegal So it resolves That the Matters of Warre Peace and other great Affaires of the Realm were determined in Parliament That the Kings Princes and Nobles were the onely Parliaments and Parliament men of that age That the Realm and Kings of England are neither tributary nor subject nor responsible to any Forraign Powers Jurisdictions or Courts whatsoever and that no Tribute or Tax can justly be imposed on or exacted from the Inhabitants of this Island but by their own voluntary Grants and Consents even by the Lawes and Customes of the Realm in the Britons times and that whatever Tax or Possession was then gained by force conquest or armed power without just right and Title was both unjust and unreasonable And so ought to be reputed now Quod ab initio non valet tractu temporis non convalescit being a Principle in our Law I read in the Lawes of King Edward before the Conquest c. 35. in Mr. Lambards Archaion fol 135 136. and Sir Edward Cook his 7 Report Calvins Case fol. 6 7. That this most famous King Arthur first invented and inacted this Law That all the Princes Earles Nobles Knights and all Free-men of the Realm of Britain ought to make and swear fealty to their Lord the King in the full Folkemote or Leet in this form commonly used in Leets till within the six yeares last past You shall swear that from this day forward you shall be true and faithfull to our Soveraign King Arthur and HIS HEIRES and truth and faith you shall bear to him of life and member and terrene honour and you shall neither know nor hear of any ill or dammage intended to him that you shall not defend So help you God And that by Autherity of this Law King Arthur expelled the Saracens it should be Saxons for no Saracens ever invaded Britain and Enemies out of the Realm And by Authority of this Law King Etheldred in one and the same day slew all the Danes throughout the whole Realm Surely such Oathes of Fealty Loyalty and Homage are very ancient as our Histories manifest King Arthur being mortally wounded in the battell he fought with his Nephew Mordred who usurped the Crown in his absence Mordred being slain in the fight Arthur despairing of life gave the Crown of Britain to Constantine his Kinsman Anno Dom. 542. who together with the rest of the British Kings neglecting all Lawes and Justice warring against each other and degenerating into Tyrants Usurpers Murderers Perjurious Persons Oppressors and the like declined daily in their power the Saxons continually incroaching upon them in all parts and about the year of our Lord 586. they were quite driven out of their Kingdomes together with their British Subjects by the Saxons into Wales Cornwall and Little Britain in France and reduced to the extremity of all misery as you may read at large in Gildas de Excidio Conquestu britanniae and others out of him Who thus describes the Tyrannies and vices of those times Vngebantur Reges non per Deum sed qui caeteris crudeliores extarent paulo post ab unctoribus non pro veri examinatione TRUCIDABANTUR ALIIS ELECTIS TRUCIORIBUS Si quis vero eorum mitior veritate aliquatenus pronior videretur in hunc quasi Britanniae Subversorem omnium odia telaque sine respectu contorquebantur omnia quae displicuerint Deoque placuerint aequali saltem lance pendebantur si non graviora fuissent displicentia Sicque agebant cuncta quae saluti contraria fuerunt ac si nihil mundo medicina a vero omnium medico largiretur c. Ita cuncta veritatis Justitiae moderamina concussa ac subversa sunt ut corum non dicam fastigium sed ne monimentum quidem in supra dictis propemodum ordinibus apparent exceptis paucis valde paucis c. Reges habet Britannia sed TYRANNOS Judices habet sed impios saepe praedantes concutientes sed innocentes vindicantes patrocinantes sed reos latrones CREBRO JURANTES SED PERJURANTES VOVENTES CONTINUO PROPEMODUM mentientes belligerantes SED CIVILIA ET INJUSTA BELLA AGENTES per patriam quidem fures magnopere insectantes eos qui secum admensam sedent non solum amantes sed munerantes in sede arbitraturi sedentes sed raro recti judicii regulam quaerentes innexios humilesque despicientes sanguinarios superbos parricidas commanipulares qui cum ipso nomine certatim delendi sunt pro ut possunt efferentes vinctos plures in carceribus habentes quos dolo sui potius quam merito proterunt catenis onerantes inter Altaria jurando demorantes hoec eadem ac si lutulenta paulo post saxa despicientes Cujus tanti nefandi piaculi non ignarus est immundae Leaenae D●mnoniae tyrannicus Catulus Constantinus Hoc anno post horribile juramenti Sacramentum quo se devinxit nequaquam d●los civibus Deo primum j●requejurando Sanctorum demum choris Genetrice comitantibus frelis facturum in duarum venerandis matrum finibus Ecclesia earnalisque sub sancti Abbatis amphibalo Latera regiorum tenerrima pucrorum vel praecordia crudeliter duum totidemque nutritorum inter ipsa ut dixi sacrosancta Altaria nefando ense hastaque prodentibus laceravit c. Quid tu qu●que catule Leonine Aureli Canine agis Nonne pacem Pa●riae mortiferum ceu
serpentem odiens CIVILIAQUE BELLA CREBRAS INJUSTE PRAEDAS SITIENS animae tuae caelestes portas pacis ac refrigerii praecludis Quid tu etiam insularis Draco MULTORUM TYRANNORUM DEPULSOR TAM REGNO QUAM ETIAM VITA snpradictorum novissime in nostro stylo prime in malo major multis potentia simulque malitia Largior in dando profusior in peccato robuste armis sed animae forti●r excidiis Maglocune in tam vetusto scelerum a●ramento stolide volutaris Quare tantas peccaminum regiae cervici sponte ut ita dicam ineluctabiles celsorum seu Montium innectis moles Nonne in primis adolescentiae tuae annis avunculum Regem cum fortissimis propemodum militibus acerrime ense hasta igni oppressisti Parum cogitans propheticum dictum Viri inquiens sanguinum doli non dimidiabunt dies suos Quid pro hoc solo retributionis a justo judice sperares si non talia sequerentur quae secuta sunt itidem dicente per prophetam Vae tibi qui praedaris nonne ipse praedaberis qui occidis nonne ipse occideris cum d●siveris praedari tunc cades These sinnes brought the ancient British Kings with their Kingdomes and People to ruine Legitur in Libro Gildoe Sapientissimi Britonum Quod ijdem Britones propter Avaritiam rapinam Principum propter iniquitatem injuriam Judicum propter desidiam praedicationis Episcoporum propter luxuriam malos mores populi Patriam perdiderunt write Alcuinus and Malmesbury The Lord grant they may not bring our Kingdomes and Nations to like ruine and desolation now How many bloudy Warres and battles the Brotons after they were driven out of their Country into the Welsh Mountaines by the Sa●ons fought with them for the defence of their Country Rights Liberties under the conduct of valient Cad●in who after twenty four yeares civill Dissention amongst the Britons and so long an Inter-regnum was by the UNANIMOUS CONSENT OF ALL THE PRINCES and NOBLES OF THE BRITONS ASSEMBLED TOGETHER in a great Parliamentary Councill AT LEGECESTER ELECTED and MADE 〈◊〉 OF THE BRITONS Which Nobles and Counsellor would not permit him to give way that Edwin the Saxon by his permission should be crowned King of Northamberland Aiebant enim CONTRA IVS VETERVMQVE TRADITIONEM ESSE Insulam unius CORONAE DVOBVS CORONATIS SVBMITTI DEBERE And after his decease under Cadwallo his Son who succeeded him in the Crown and under famous Cadwallader succeeding Cadwallo his Father in the Kingly Government by lineall d●scent by whose death both the royall blond with the Government of the Britons and the very name of Britain it self expired you may read at large in Geoffry Monmouth B●da Gildas Maelmesbury Huntindon Mathew Westminster Fabian Holinshed Grafton Speed and others being over tedious to relate The divisions and discords amongst the British Nobility during Cadwalladers sicknesse seconded with eleven yeares sere p●stilence famine and all sorts of miseries whereby the land became desolate enforced them to forsake their native Country and to seek relief in forraign parts Whereupon the Saxons sending for more of their Countrymen into Britain replenished and planted the vacant Country dispossessing the Britons totally of their ancient rightfull Inheritance which they never since regained after they had possessed it from Brute to Cadwallader for two thousand seventy six yeares under one hundred and two Kings as John Brompton records in the beginning of his History col 725. And this shall suffice concerning the Britons Contests and Wars for their Liberties Laws Government Country Religion against the Romans Saxons and touching their Great Parliamentary Councils Proceedings in them from Julius Caesars to the Saxons Conquest and total supplantation of them by Treachery Violence and the Sword of which violent Intrusion Laeland our famous Antiquary and Archbishop Parker in his Antiquit●tes Ecclesiae Britannicae p. 12. give their Censure in point of Conscience who writing of Pope Gregories conversion of the Pagan Saxons who expelled the Britons to the Christian Faith conclude thus Debuerat Gregorius admonuisse Saxones GENTEM PERFIDAM ut si syncere Christia●issim●m admittere vellent BRITANNIAE IMPERIVM QVOD CONTRA SACRAMENTVM MILITIAE PER TYRANNIDEM OCCVPAVERANT IVSTIS DOMINIS AC POSSESSORIBVS RESTITVERENT That is Gregory ought to have admonished the Saxons a PERFIDIOUS NATION that if they would sincerely embrace Christianity they then ought to restore the Kingdome of Britain which they had seised upon by Tyranny against the Oath of their Militia to the just Lords and Possessors thereof a Doctrine fit to be pressed on others now by all our Ministers which because they neglected to doe you may read what a divine retaliation their Postetity received from the Pagan Danes in the insuing Sections CHAP. III. SECT III. Comprising some remarkable Generall Historicall Collections proving the limited Power and Prerogative of the first Saxons Kings of England disabled to make any Lawes Warre Peace alienate their Crown Lands impose any Taxes Tributes in any Necessity or kind whatsoever but in and by common consent in the Generall Parliamentary Councils of their Nobles and Wisemen which they were obliged to summon upon all occasions when there was need and to govern their people justy according to Law The Saxons proceedings against their Tyrannicall oppressing Kings and the severe Judgements of God upon some Saxon Subjects for their Perjury Treachery disloyalty Rebellion against expulsions murders of their lawfull Soveraignes and unrighteous violent disinheriting the Christian Britons by the sword of their Native Country THe British Kings and Britons being for their Tyranny Perjury Treachery Injustice and other sinnes related reprehended by Gildas driven out and dispossessed of their Royalty and Country by the Saxons they about the year of our Lord 576. divided it into seven Kingdomes and set up seven Kings in severall parts of the Island who soon after waged civill Warres and more than civill Warres one with another These Kings all agreed utterly to delete the name of Britain and the memory of the Britons Whereupon they by common consent ordained That the Island should not be called Britain from Brute but England These Kings were at first elected by the Saxon Nobles and People to reign over them to govern the people of God and TO MAINTAIN and DEFEND THEIR PERSONS and GOODS IN PEACE BY THE RULES OF RIGHT And at the beginning so soon as they turned Christians they made their Kings to swear that they should maintain the Christian faith with all their power and GOVERN THEIR PEOPLE BY RIGHT without respect to any person and should be SUBJECT TO SUFFER RIGHT AS WELL AS OTHERS OF THE PEOPLE And although the King ought not to have any Peer in his Land for as much if he did wrong or offended against any of his people he or any of his Commissioners should not be both Judge and party it behoved of RIGHT THAT THE KING SHOULD
nor his sheep nor his field nor any thing that is his For the Prophet threatneth saying Wo to you who joyn house to house and lay field to field till there be no place that you may be placed alone in the midst of the earth These things are in my eares saith the Lord of Hosts Again the Prophet crieth Deliver the poor and needy rid them out of the hand of the wicked Remember what he deserveth who shall offend one of these little ones but whosoever shall receive one of these receiveth Christ from whom he shall deserve to hear in the day of Judgement Come yee blessed inherit the Kingdome prepared for you from the foundation of the world Cap. XIV De cohibendis Fraude RAPINIS ET TRIBVTIS ecclesiae INJVSTE IMPOSITIS Let Fra●d VIOLENCE AND RAPINE BE FEARED AND NO UNJUST OR GREATER TRIBUTES IMPOSED ON THE CHURCHES OF GOD then by the Roman Law and THE ANCIENT CUSTOMES OF FORMER EMPEROURS AND PRINCES HATH BEEN USED He who desires to communicate with the holy Roman Church and St. Peter the chief of the Apostles let him study to keep himself free from this vice of VIOLENCE So concord and unanimity shall be every where between Kings and Bishops Ecclesiasticks and Laicks and all Christian people that there may be unity every where in the Churches of God and peace in one Church concurring in one faith hope and charity holding the Head which is Christ whose Members ought to help one another and to love one another with continuall Charity as he himself hath said By this shall all men know that ye are my Disciples if you shall love one another These old established Saxon Lawes and Canons backed with sacred Scriptures manifest the Duty of our old Saxon Kings and their Officers towards their Subjects whom they could not injure oppresse or tax in any kind against their ancient Lawes Customes Priviledges as likewise what Loyalty and Obedience the people owed to their Kings which bounds when their Kings exceeded in an exorbitant manner you have seen how they proceeded with them and when the people exceeded them on the other hand against their Loyalty and Duties they did not escape unpunished Take but one memorable general president in this kind in the Seditious factious rebellious Saxons of the Kingdom of Northumberland who were infamous for their Insurrections and Rebellions against and Expulsions and Murders of their Kings William Malmesbury and Huntindow give us this Abbreviation of their Rebellions Treasons Regecides Osulf son of Egbrick reigned one year and was betrayed and slain by his Subjects and made way for Mollo who reigning diligently for two yeares was compelled to lay down his Regality and slain by Alred who succeeding him reigned eight yeares and then was chased out of his Realm and deposed by his people from the Throne he had invaded Adelred Son of Mollo succeeding him reigned three yeares and then was driven out of his Kingdome and forced to fly from the face of his Rebellious Dukes and Captaines Then Celwold alias Alfwold being cried up King after ten yeares reign mourned under the Treachery of his Subjects being slain without fault by the Treason of Duke Sigga Osred his Nephew the next King reigned scarce one year and then was chased by his Subjects out of the Realm and afterwards slain Adelred Son of Mollo reigned again four yeares taking severe vengeance against those Rebellious Dukes and others who first expelled and deposed him and then was slain by his alwayes most wicked people being unable to avoid the fate of his Predecessors Ardulf his Successor reigned twelve yeares and then was chased out of his Realm by his rebellious Subjects And Oswold after him holding the Title of King onely for twenty eight dayes was forced to save his life by flight unto the King of Picts After which the Northumbrians preoccupated with the madnesse of their folly continued divers yeares without a King For many Natives and Nobles being offended with these Rebellions and Murders of their Kings fled out of their Country as fearing some heavy plague to befall it Alcuinus that Country-man then in France with Charles the great being ready to return to his Country with gifts to King Offa from Charles the Emperor thought best to continue where he was writing thus to Offa That he knew not what to doe amongst his Country men amongst whom no man could be secure or doe any good in giving wholesome Counsell to them their holy places being wasted by Pagans their Altars defiled with perjuries terra SANGVINE DOMINORVM ET PRINCIPVM FAEDATA and their very land it self polluted with the bloud of their Lords and Princes and the raining of bloud then at York in the Lent time where their Religion first took its beginning in that Nation presaged that bloud should come from the Northern parts upon that BLOUDY LAND and Realm of Northumberland almost brought to desolation for its intestine dissentions bloud-sheds and fallacious Oathes which they violated to their Soveraignes The Emperour Charles himself having prepared divers Presents and Letters to be sent by Alcuinus and others to King Offa and King Ethelred and the Bishops of their respective Realmes after his Presents and Letters delivered into the hands of the Messengers hearing of the murther of King Ethelred and the Treachery of this Nation to their Kings by Messengers returning through Scotland from King Offa recalled all his Presents and Gifts and was so farre incensed against that NATION which he called PERFIDIOUS AND PERVERSE AND MURDERERS OF THEIR KINGS ESTIMATING THEM WORSE THAN PAGANS that unlesse Alcuinus had interceded for them he had presently substracted all the good he could from them and have done them all the hurt that possibly he could devise Malmesbury records that after Ethelred no man durst ascend to the Kingdome whiles every one feared in particular lest the chance of these foregoing Kings should befall himself and would rather live safe in inglorious idlenesse then reign pendulus in doubtfull danger Seeing most of the Kings of Northumberland departed out of this life by the Treachery and destruction by their Subjects Whereupon they having no King for thirty three yeares THAT PROVINCE WAS EXPOSED TO THE DERISION AND PREY OF THEIR NEXT NEIGHBOURS and the Barbarous Danes speedily in great Numbers invaded spoiled and possessed it all that time slew most of their Nobility and people till at last they were enforced to subject themselves to the power and pleasure of the West-Saxon Kings to defend them from the Danes who infested invaded and miserably slew wasted destroyed these Seditious Treacherous King-deposing King-murdering Northumberlanders Henry Huntindon and Mathew Westminster record that the year before the Northumberlanders trayterously slew their King Ethelred there were fiery Dragons seen flying through the air after which followed a very great famine which destroyed many of them soon after the Pagan Nations from Norwey and Denmark invaded and miserably