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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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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
dissolved late Parliament too proceeded not from the Principles of our reformed Protestant Religion as this Monsieur in his printed pamphlet would make his Reader the young King to whom he dedicates it and all the world believe but from the Popes and Jesuites forecited Treasonable Opinions seconded with their clandestine Sollicitations and Practices and that they with some French Cardinals Jesuites as well as Spanish English then present in England were the chief original Contrivers Promoters of them whoever were the immediate visible Instruments as I have elsewhere more fully demonstrated for the wiping off this scandal from our reformed Religion and the sincere Professors of it who both abominated and protested against it in print 3. That the Jesuites ever since the Establishment of their Military Order under Ignatius their Martial General have been the principal Firebrands Bellows Instruments of kindling fomenting raising continuing all the publick commotions wars seditions and bloody fewdes that have hapened in or between any Kings Kindoms States Princes Soveraigns or Subjects throughout the Christian world and more particularly of all the Civil commotions wars in France Germany Transylvania Bohemia Hungary Russia Poland England Scotland and Ireland to the effusion of whole Oceans of Christian blood which one poetically thus expresseth Quicquid in Orbe mali passim PECCANTE GRADIVO EST Quicquid turbarum tempora nostra vident Cuncta Sodalitio mentito nomine JESU Accepta Historiâ teste referre licet Ite modò vestrae celebrate Encaenia Sectae MILITIS INVENTUM LOIOLANA COHORS Yea it is well worthy observation that Jacobus Crucius a Jesuite Rector of the Jesuites Novices at Landsberge presumed to publish in his Explication of the Rules of the Jesuites Anno 1584. in these words The Father of our Society OUGHT TO BE A SOULDIER because as it is the part of a SOULDIER to rush upon the Enemy with all his Forces and not to desist till he become a Conquerour so it is our duty to run violently upon all who resist the Pope of Rome AND TO DESTROY AND ABOLISH THEM not onely with COUNCELS WRITINGS AND WORDS Sed invocato etiam brachio seculari IGNE ET FERRO TOLLERE ET ABOLERE sicut PONTIFEX ET NOSTRA VOTA contra Lutheranos suscepta VOLUNT ET MANDANT But likewise by calling in to our assistance the secular Arm of an Army to take away and destroy them with FIRE AND SWORD as the POPE AND OUR OATHES taken against the Protestants WILL AND COMMAND And may we not then safely conclude they have been the Original Contrivers Fomentors Continuers of all our late intestine and forraign wars by Land and Sea with our Christian Protestant Brethren and Allyes as sundry Parliamentary Declarations of both Houses aver and attest 4. That they have endeavoured attempted the convulsion concussion subversion not onely of the Empires Realms and ancient setled Governments and States of Germany Russia Bohemia Hungaria France Poland but likewise of England Scotland and Ireland and to new model them into other Forms of Government What mould of Government they intended to cast England into is thus long since described by William Watson a Secular Priest in his Quodlibets Anno 1502. p. 309 310 330 331. England is the main chance of Christendome at this present by seditions factions tampering and aspiring Heads the onely But Mark White the Jesuites aim at as well in intention as execution of their pretended expedition exploit and action I am of opinion that no man on earth can tell what Government it is they intend to establish ratifie and confirm when they come to their preconceited Monarchy no not any of their Plot-casters No question it is but their Government sall be as uncertain as their New-conceited Monarchy their Monarchy as mutable as their Reign and their Reign as variable as the winde or Proteus in his Complements But no question is to be made of it but that the Government they do directly intend at this present is A MOST ABSOLUTE SOVERAIGNTY DOMINION AND STATE CLEARLY EXEMPTED from any Subordination TO ANY LAW or Legifer divine or humane and therefore it is rightly called DESPOTICON in the highest degree of exemplary immunity IMPERIALITY AND ABSOLUTE REIGN RULE AND AUTHORITY as convaining in it three sorts of Government Scil. Monarchical Aristocratical Democratical in matters of Counsel and managing of Commonwealths causes not in point OF REGALITY HONOUR AND INHERITANCE For there shall be neither Title nor Name nor Honour given taken or done to any Prince Duke Marquess Earl Viscount Lord Baron or the like all the Jesuitical Governours being Puritan-like Seniors Elders Provincials c. neither shall there be any succession by Birth or Blood TO ANY HONOUR OFFICE OR MAGISTRACY from the Monarch Pater General to the Minor Pater Minister but ALL SHALL GO BY ELECTION OR CHOICE Whether our late and present variable floating New-Moulded Governments have not been cast by this long since predicted Jesuitical Mould let wise men with all our late and present Governours now sadly consider and determine 5. That as the whole House of Commons in their Remonstrance of 15 December 1641. charge the Jesuites and late Jesuited Court-Counsellors with a Malignant and pernicious designe of SUBVERTING THE FUNDAMENTAL LAWES and Principles of Government upon which the Religion and Justice of the Kingdom are firmly established So William Watson a Secular Priest chargeth Father Parsons the English Jesuite and his Jesuited Companions in their Memorial for Reformation of England when it should be reduced under the power of the Jesuites as Parsons was confident it would be though he should not live to see it written at Sevil in Spain Anno Dom. 1590. that they intended to have Magna Charta with our Common Fundamental Laws and Liberties abrogated and suppressed thus expressed by William Watson in his Quodlibets p. 92 94 95. Father Parsons and the Jesuites in their deep Jesuitical Court of Parliament begun at Styx in Phlegeton have compiled their Acts in a compleat Volume intituled THE HIGH COURT OF REFORMATION FOR ENGLAND And to give you a taste of their intent by that base Court OF A TRIBE OF TRAYTORS sawcily like to Cade Jack Straw and Tom Tiler USURPING THE AUTHORITY OF BOTH STATES ECCLESIASTICAL AND TEMPORAL IN ALL THEIR REBELLIOUS ENTERPRISES these were principal points discussed set down and so decreed by them c. He first mentions three of them relating to Church-men Scholars and Church and Colledge-Lands which were to be put into Feoffees hands and they all to be reduced into arbitrary Pensions c. And then proceeds thus to the fourth The Fouth Statute was there made concerning THE COMMON LAWS OF THIS LAND and that consisted of this one principal point That ALL THE GREAT CHARTERS OF ENGLAND MUST BE BURNT the maner of holding Lands in Fee-simple Fee-tail Kings Service Soccage or Villanage brought into villany scoggery and popularity and in few THE