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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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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
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