A Legall and Historicall Vindication of the Fundamentall, Rights, and Laws of England.
CHAP. III.
I Have in the two precedent Chapters fully proved, That the Kingdome, and Freemen of England have some antient hereditary just Rights, Liberties, Franchises, Laws and Customes properly called Fundamentall, together with a Fundamentall Government, no wayes to bealtered, undermined, subverted directly or indirectly to the publick prejudice, underpain of high Treason in those who shall attempt it, especially by fraud, force or armed power; and given you likewise the heads of the chiefest of them in X brief Propositions. I shall now in the third place proceed, in a Chronologicall way, to present you with a large Historicall Catalogue of the severall Nationall, Parliamentall, Legall, Martiall publick and private contests, great Charters, Lawes, Statutes, Votes, Declarations, Remonstrances, Claimes, Records, Evidences, Writs, Oathes, Vowes, Protestations, Covenants, Excommunications, Confirmations, Judgments, Resolutions, and principall Authorities in all ages, both under the antient Britons, Saxons, Danes, Normans and English Kings, till our present times; plentifully, undeniably evidencing, declaring, vindicating, asserting, establishing, perpetuating these Fundamentall, Hereditary Rights, Liberties, Priviledges, Franchises, Customes, Lawes: and abundantly manifesting the extraordinary zeal, courage, wisdome, and vigilancie of our Ancestors, to defend, preserve and perpetuate them to posterity, without the least violation or dimin [...]tion.
[Page 2] I shall begin with the highest Antiquities extant in our Histories, pertinent to my Theame, and so descend to those of punier times, relating all of them for the most part (except here and there where the identity of the subject matter and desire of brevity occasion me to vary somewhat from this intended method) according to their Antiquity and Chronologicall series of time, referring such particulars of them as relate to each of the forementioned X. Propositions in the second Chapter, only with figures in the margin, designing the severall Propositions unto which they have more immediate reference; without reducing these Historicall Collections to distinct heads under every Proposition in order, as I have proposed them; which course would have interrupted my Chronologicall Method, and caused a frequent repetition of sundry passages, Charters, Acts, Oathes, Records, relating to severall of these Propositions for the most part, not to one of them alone, which I shall now avoid by affixing the number of single Proposition whereunto they refer in the margin, eachwherewith the Reader may easily compare them, with more delight, and as much satisfaction, as if I had marshalled them all in rank and file under those distinct Propositions whereunto they have relation. As for those Historicall passages which contain the severall publick Parliamentall or Martiall contests of our Ancestors, with their Kings and other invading Nations, for their Liberties, Rights, Laws, Customes, and great Charters in the generall, I have annexed no figures unto them, every of them for the most part, referring to all or most of these Propositions in grosse, though not particularly specified in these contestations for them.
And because I intend for the better confirmation of our antient Fundamentall Liberties, Priviledges, Freedomes, Rights, Lawes, Government, and greater benefit of Posterity, briefly to passe through the severall successive Reigns and Dominions of the Britons, Romans, Saxons, Danes, Normans, as well as of our English Kings since the [Page 3] Conquest (as we usually style it) whereon I shall principally insist, as of greatest, nearest concernment to us of this generation, I shall for order sake, divide this Chapter into distinct Sections: the rather, because the largenesse of it may occasion the Stationer to publish it (as he did the two first Chapters) in severall parts, as they shall be Printed, the compleating of the whole requiring longer time (in respect of my remotenesse from the Presse, and the largenesse thereof) then the present usefulnesse of each part, and the longing desires of some Readers after it, would willingly allow for its publication in one whole volume, which every mans purse who desires it, cannot so easily purchase in these necessitous times, as it may do in parcels.
SECTION I.
Concerning the Ancient Britons contests for their Liberties and Lawes, against Tyrants, and Invaders of their Fundamentall Government Rights, and of their great Councels till the Romans Couquest.
IT is agreed by all our Historians, that the Britons were the originall known Inhabitants of this Iland, from whom it was stiled Britain; but from what forrain Nations the Britons descended, our Antiquaries differ in opinion: our later writers herein dissenting from those of former ages, with whom I must begin.
Most of ourHeur. Huntindon hist. l. 1. p. 1. Galfr. Monum. hist. l. 1. Math. Westm. Flores Hist. Aetas 3. p. 23, 24. Ponticus Virunnius hist. l. 1. Polychronicon, Fabian, and sundry others. antient Historians, and the whole famous Parliament held at Lincolne, Anno 28 E. 1. (in the learnedWalsingh. Hist. Angl. p. 49, &c. Letter therein compiled and agreed to be sent by the King to Pope Boniface, to prove the subjection and homage of the Kingdome and Kings of Scotland from time to time to the Kings of England Iure Dominii, as Supreme [Page 4] Lords thereof, by Historicall precedents in former ages, collected out of all Histories and Records then extant) unanimously record, That the Britons originally descended from the Trojans; that they arrived here in Britain about the dayes of Ely the Priest, under Brute their first King, who divided it at his death into three distinct parts and Kingdomes between his three Sons; leaving that part thereof now called England (then Loegria) to Loerinus his eldest Son and his Heirs, as an hereditary, not elective Kingdome, according to the custome of the Trojans; Tho. Walsingham. Hist. Angl. [...]. 1232. p. 50. Petebal enim Troana consuetudo, ut dignitas Hereditatis primogenito perbeni [...]et, as our Historians; and that whole Parliament of 28 E. 1. resolve. So that an Hereditary Kingdome and Monarchicall Government by Kings, was the originall Fundamentall Government setled in this Iland by Brute; and that as well in those parts thereof since called Scotland and Wales, as England, which all ourGalfr. Monum. hist. l. 1. c. 11. Math. West. Floreshist. p. 16, 17. Ponticus Virunn. hist. l. 1. Historians, asserting this originall of the Britons unanimously attest, with that answer which Diana gave unto Brute before his arrivall in Britain, when she directed him to come and seat himself therein, further evidenceth, if we may give any credit hereunto.
With this concurreth the more authentick testimony ofSee Camd. Brit. p. 29, 30. Cornelius Tacitus; The Britons heretofore were governed by Kings; now they are divided by petty Princes into Parties and Factions: with that of Pomponius Mela, Britain bringeth forth Nations, and Kings of Nations.
[Page 5] The very first act that made their first King Brute most famous before his arrivall in Britain,Galfr. Monum. hist. l. 1. c. 4, to 12. and Math. West. p. 14, 15, 17, 18. was his delivering of 7000 Trojans, his native Countrymen (with their wives and children) from their Servitude and Bondage under King Pandrasus and the Graecians, whom he vanquished and took Prisoner in Battle, and thereby restored them to their lost Liberty. Proposit. 5, 6, 9. 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,Proposit. 5. 10. 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, [Page 6] 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 Galfr. Monum. Hist. Reg. Brit. l. 2. c. 11. Ponticus Virunnius hist. Brit. l. 2. Mat. Westm. p. 27, 28. 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 Gildas hist. c. 19. Galfr. Monum. l. 2. c. 17. Math. West. p. 51. 52. Tho. R [...]dburni Chron. Dr. Ʋsher De Brit. Eccles. Primordiis. p. 127, 128. Fox. Acts and Monuments Vol. 1. p. 211. 212. Ponticus Virunmus Brit. hist. l. 2. Dunwallo Molmutius succeeding his Father Clotho King of Cornwall [Page 7] 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,Proposition 2. 4. 5. 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,(h) Galfr. Monum. hist. l. 3. Ponticus Virunnius. Brit. Hist. l. 3. Math. Westm. Aetas 5. p. 53. 54. 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, Proposit 5. 9. who proffered to submit himself with his Kingdome of Denmarke to him, to pay him an annuall [Page 8] Tribute, and to ratifie this agreement by his Oath, and sureties for his inlargement and ransome▪ Proposit 5. 6 9▪ 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, Proposit▪ 9. 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 and Peace, and Lawes concluded and ratified in and by a Parliament of Nobles in this age.
KingGalfr. Monum. & Ponticus Virunn. hist. Brit. l. 3. Math. West. Aetas. 5. p. 5. 6. Fox Acts and Mon. vol. 1. p. 211, 212. Guithelin, to whom the Crown lineally descended from Belinus, married Martia a Noble woman, learned in all arts, who invented the Law which the Britons called Martiana; which King Alfred approving, translated into the Saxon tongue and called it Marchen Leage. King Edward the Confessor making use of it in the collection and compiling of his Lawes, hereafter mentioned. Though this Queen first invented this Law, no doubt it was ratified by publick consent of the King her Husband, and the Nobles in their generall Councell in that age, else it could not have the force of a Law, by her bare penning of it.Proposit. 5. Gorbonius grandchild to Guithelin and [Page 9] Martia coming to the Crown by descent, governed his people most justly according to these forecited Lawes, it being his continuall custome, to give due honour to the Gods in the first place, and then to administer right justice to the people. He encouraged Husbandmen in their tillage, and defended them from the injuries of their Lords; and he inriched his Souldiers with gold and silver, so as none of them had need to do any injury or violence to any other.
Galfr. Monum. hist. Brit. l. 3. c. 16, 17. Math. West. p. 56, 57, &c. Ponticus Virunnius l. 3. Fabian, Holinshed, Grafton, Speed in their lives. Archigallo his Brother succeeding, degenerated from him in all his actions; for he endevoured every where, Nobiles quosque deprimere, to depresse all that were Noble, and to advance ignoble persons, to take away rich mens goods and mony by violence, thereby heaping up infinite treasures: which the Nobles of the Realm refusing to endure any longer, rose up against and deposed him from his royall Throne, creating his brother Elidurus King in his stead. He, after five years reign, meeting his deposed brother in a wood as he was hunting, ran to him, imbraced, kissed and brought him to his own royall Bedchamber privately, and then summoned Proceres omnes et principes, all the Nobles and Princes of the Realm to come speedily to his City of Alclud; who repairing thither, he saigning himselfe to be very sick, commanded every of them one by one, to come into his Bedchamber to visite him: which they thus doing, he threatned presently to cut off all their heads as they entred singly, unlesse they would consent to submit themselves again to Archigallo as their Soveraign; which they, through fear of death assenting to, he made an agreement between them, and then carrying him to Yorke, took the Crown from his own head, and set it on his brothers Archigallo. For which memorable self-denying pious act to his brother, he was styled Elidurus pius. Archigallo upon his restitution corrected his former errors, deposed all ignoble persons, advanced the Nobility, permitted every man to enjoy what was his own,(l) Galfr. M [...] num. hist l. 3. c. 19. Ponticus Virunnius l. 3. Math. West p 67 and administred right justice to his people.
Ennianus his Son (King after him) treating his Subjects ill, was deposed by them from the Throne of [Page 10] the Kingdome, because he contrarying justice, preferred Tyranny; Edwallo being made King in his place: who instructed by his Predecessors oversights, Jus atque rectitudinem colebat, followed Law and rectitude, as did others of his successors.
OurGalfr. M [...] num & Ponticus Virunnius hist. Brit. l. 4. Math. West. p. 66, 67. Fabian, Holinshed, Grafton in the life of Cassibelan. Histories record, that about 54. years before our Saviours birth, Julius Caesar having conquered France, espying Britain from thence, having learned the name of the Ile and Nation, sent messengers thence to Cassibelan King of Britain, exacting with threats an annuall Tribute from him and the Britons to be paid to the Roman Senate, as well as from other Naiions, else he should be enforced to transport his Army and shed their bloud. Whereupon Cassibelan returned this answer to him in writing.
Cassibelanus King of the Britons to Cajus Julius Caesar, Marvellous, O Caesar, is the covetuousnes of the Roman people, who thirsting after gold and silver in all places, cannot suffer us placed beyond the World, within the perils of the Ocean, to be quiet, but presume to affect our Tribute and Revenues, which we have hitherto peaceably possessed. Neither verily will this suffice, unlesse renouncing our Libertie we shall make subjection to him; and thereby undergoe perpetuall servitude; therefore Caesar thou hast demanded A shamefull thing; seeing the vein of common Nobility flowes from Aeneas, both to the Britons, and Romans, and one and the same bond of kindred, lives still in both, whereby they ought to be knit together in firme amity. This therefore should have been required of us, not servitude, because we have learned, rather to give this then to bear the yoake of Servitude. For we have been so much accustomed to inioy Liberty, that we are altogether ignorant what it is to obey Servitude. Which Liberty if the Gods themselves should endeavour to take from us, verily we would strive with all our might to resist them, that we might retain it. Be it known therefore to thee Caesar, That we are prepared and resolved to fight for it, and for our Realm, if, as thou hast threatned, thou shall begin to come upon the Isle of Britain.
[Page 11] Hereupon C [...]sar preparing his Navy and Forces, arrived with his army at the mouth of Thames: the Britons though at civill warres among themselves before, upon this necessity, united themselves together to oppose the Romans, and communi consilio, (asComment. l. 5. John Stow his Survay of London p. 2. Speeds Hist. of Great Britain p. 48. Caesar himself and others write) by common advice and assent, (in a Parliament of that age) elected Cassibelan for their Generall, and committed the managing of the Warres to him: who gathering the whole strength of the Britons together consilium querens a Principibue Regni, as some, and a proceribus suis, Proposit. 5. 9. as others record; taking councell with the Princes of the Realme and his Nobles, how to re [...]e the enemies, they resolved to resist their Landing, and to assault them in their tents, before they had fortified themselves, or taken any Towne, and so to repell them. Which advice they pursuing, opposed their landing, and forced the Romans that were landed to their ships, and compelled Caesar to returne into France, as our British Historians assert, though Caesar in his Commentaries, to cover his dishonour, relates the contrary. The year following Caesar recruiting his Army landed again in Cornwall, and was repulsed by Cassibelan the second time with great losse. Whereupon Cassibelan joyfull of his victory, returning to Troinovant, Edictum fecit, ut omnes proceres Britannie Convenirent, made an Edict, that all the Nobles of Britain should assemble together at Troinovant, to offer publick prayses and Sacrifices to his Gods, who had made him to triumph over so great an Emperor as Caesar: At this assembly, Evelin Nephew to Androgeus Duke of Trionovant, playing with Herelgas Nephew to Cassibelan, upon a sudain quarrell between them, cut of Herelgas head; at which the King being very angry, commanded Evelin to be brought before his presence, and to be ready, sententiam quam proceres Dictarent, Proposit. [...]. or talem sententiam quam proceres Regni judicarent subire, to undergoe such a sentence and judgment as the Nobles and Peers of the Realme should pronounce, that Herelgas [Page 12] might net remain unrevenged, in case he were unjustly slain. Androgeus suspecting the Kings minde towards his Nephew, answered, Se [...]e suam curiam habere et in illa diffiniri debere, Or, si quis adversus aliquem suorum querimoniam haberet, as others render it, 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 [Page 13] 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 bySee Camd. Brit. p. 15, 29, 30, 32, 35, 41, 43, 44, 48, to 53. Speed Hist. p. 47, to 51. Dr. Ʋsher de Brit. Eccles. Primordiis c. 4. 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, [Page 14] Properties, Goods, Lives against all violence and arbitrary Tyranny, Rapines, Taxes.
3. That theSee Ca [...]nd. Brit. p. 15, 30. 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 KingsGalfr. Mon. hist. l. 4. c. 11. Ponticus Virun. l. 4. & Mat. West. 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 theGalfr. Mon. l. 4. c. 13. to 17▪ Ponticus Virun. l. 4. Mat. West. ann. 22, 44, 57, 22 year of our Saviours Nativity Guiderius succeeding his Father Kymbelinus, Anno Dom▪ 22, 44, 52. 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 [Page 16] 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 whichJohn Trivianth, Malmesb. and others, cited by Bishop Ʋsher de Brit. Eccles. Primordiis c. 4. Mat. Pa [...]. Anti. Brit. p. 3, 4▪ 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, Mat West. ann. 73. 78. Galfr. Mon. l. 4. c. 17, 1 [...]. Pontiens Virnun. l. 4. (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, [Page 17] 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 [Page 18] taxing the Romans Usurpation, Ambition, Covetousnesse, Rapines and Tyranny in these words; Tacitus in vita Agricolae. Camd. Brit. p. 58 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 Is not this our condition now? 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; [Page 19] 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. An. Dom. 50. Tacitus Annal. l. 14. Speeds Hist. of great Brit. [...]. 66, to 70. Camd. Brit. p. 49 50 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,Proposit. 1. 4. 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 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,Is not this Englands condition now? 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 [Page 20] 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 [Page 21] 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.An. Dom. 185. (or rather 185.)Mat. West. An. 185. 187. Galfr. Mon. l. 4. c 19, 20. l. 5. c. 1. Ponticus Virun. l. 4, & 5. Lambards Archai [...]n. Bish [...]p Jewel reply against Harding Artic. 3. div [...]s. 24. p. 141, 142. Antiq. Eccles. Brit. p. 5, 6. Fox Acts and M [...]n. vol. 1. Spelm. Concil. p. 32, 34, 35 Haris [...]ns Desc [...]ip. of Brit▪ l. 1. c. 9. Godwin Conversion of Brit. Dr. Ʋsher de Eccles. Brit. Primordiis c 3, 4▪ 5. Holinshed, Speed, Grafton▪ Stow in the life of Lucius. 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,Proposit. 5. t [...] reduce to concord and peace, and to the faith and Law of Christ, and to the holy Church; to foster, maintain, protect, governe [Page 22] 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,Proposit. 5. 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.Antiq. Eccles. Brit. p. 6. 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, Proposit. 5. 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 Mat. West. anno 201. Lucius dying without heir (Anno Dom. 201) thereupon discord arose amongst the Britons,An. Dom. 201. which gave great advantage to the Romans; who thought at first they Tacitus in vita Agricolae. Camd. Brit. p. 43 suffered the British Kings to reign under them, making them the instruments of their own and their peoples slavery, by their compliance [Page 23] with the Romans; yet at last perceiving, that divers of th [...]se British Kings,Math. W [...]st. anno 201. Balaeus Cent. 1. Scrip. Brit. c. 30. Boetius l. 5 hist. Scotorum. Fo [...] don. Scotichronicon. l. 2. c. 31. Dr. Ʋsher de Eccles. Brit. Primordiis. c. 3. p. 43, 44. Spelm. Concil. p. 35. Camd. Brit. p. 47, 49, 62, 63, 67, Tacit. Annal. l. 14. 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 severallIs not this in a great part our present condition? 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.An. Dom. [...]6. Carausius a Briton, having gotten a Commission from Rome, Mat. West. ann. 292, &c. Galfr. Monum. l. 5. c. 3, 4, 5, 6. Ponticus Virun, l. 5. Holinshed, Fabian, Grasion, Stow, Speed. 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 [Page 24] 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 EmperorPomponius Laetus, and Speeds History. Constantius Chlorus, An. Dom. 302. 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, Proposit. 1. 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,Anno 313. 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 See Beda Eccles. hist. l. 1. c. 6. Math. West. ann. 313. p. 131. Gildas. de Excid. Britan. Zonaras, Paulus, Dia [...]conius and others in his life 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 [Page 25] 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 See Euseb. Eccles. hist. l. 3. c. 15. 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.Proposit. 2. 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.An. Dom. 379. Math. West. anno 376, 379. 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;Proposit. 5. 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; Hist. Regum Brit. l. 5. c. 9, 10, 11, 12. Geoffry of Monmouth and his Epitomizer Hist. Brit. l. 5. See Fabian, Holinshed, Grafton. Ponticus Virunnius thus relate the story. That King Octavius being old and having one only Daughter, quesivit a consiliariis suis, demanded of [Page 26] his Counsellors, whom they desired to advance to be King after his decease? Proposit. 5. 10. 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; Proposit. 3. 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 [Page 27] 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.Mat. West. ann. 39 [...], 391, 392, 420, 4 [...]1, 434, 435. Galfr. Monum. & Ponticus Virun. l. 5, & 6. Fabian, Holinshed, Speed, Grafton, Gildas de Excidic Brit. Malmesbur. de Gestis Regum Angl. l. 1. c. 1. Camd. Brit. Maximus the Tyrant King of Britain, Anno 390, &c. 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, [Page 28] 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.Anno 434. 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, Proposit. 5. 9. 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; Anno 455. 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 expelling the Barbarians, to dispose of it at his pleasure, and restore his Country to it pristine estate, which had formerly subdued to it Kingdomes far remote. To which the King answered, I formerly would have accepted of this offer of the Kingdome of Britain, but in respect of its present misfortunes, it is made more contemptible to me, and odious to my Princes. But above all other evils, the Roman power hath so much prejudiced it, that no man can enjoy a stable dignity within it, but be must lose his liberty, and be burdened with a yoake of servitude; and who would not possesse lesse elsewhere, with liberty, then enjoy the wealth of Britain under a yoak of bondage? Notwithstanding because my Grandfather and great Grandfather have enjoyed that Island, I will deliver to you my Brother Constantine with 2000. Souldiers, which by Gods permission will free the Country from enemies, and being there crowned King, shall possesse the Kingdome with glory and honour. Whereupon Constantine undertaking the expedition, the Archbishop used these words to him; Christ hath conqueted, Christ reigneth, Christ commandeth, let the grace of Christ be therefore present with our King [Page 29] of Britain, who is our defence, our hope, our joy, that he may restore the miserable Island to its pristine liberty. Constantine taking shipping arrived at Totnes with 2000. Souldiers, to whom the dispersed Britons creeping forth of their holes and dens where they hid themselves, repaired from all parts; and fighting with their enemies, obtained a great victory over them by the diligence and valour of their new King.Proposit. 5. After which facta in Cicestria concione, calling an assembly at Chichester, they made Constantine King, and gave him a wife extracted out of the linage of the noble Romans educated by Guithelin.
Anno 445. King Constantine being slain by a Pict, An. Dom. 445, to [...]98. (suborned by Vortigerne) as he was hunting,Mat. West. ann. 445. to 498. Will. Malmesb. de Gestis Regum l. 1. c. 1. Galfr. Monum. & Ponticus Virun. hist. Reg. Brit. l. 6, 7, 8 H [...]my Huntind hist. l. 2. Ethelwerdi hist. l. 2. Antiq. Eccles. Brit. p. 9, 10. Fabian, Holinshed, Speed. Grafton, Stow, in the lives of Vertigerne & Aurelius Ambrosius. there arose a dissension among the Nobles, which of them should be made King; for Aurelius Ambrosius and Ʋther, the Kings Sons, were sent over into little Britain to be educated, and if they had been present, they could not reign by reason of their childhood. Whereupon Vortigerne Consull of the Gewis [...]i, who aspired after the Crown with all his endevour, going to Winchester, and taking Constans a Monk (Son of Constantine) out of his Cloister, brought him to London, and there made him King, the people scarce consenting to it, because he was a Mo [...]k: and acting the part of a Bishop (Guithelin being dead) he set the Crown on the Kings head with his own hands. The King thus crowned referred the managing of all affaires to Vortigerne aloneHave not others of late times done the like? who craftily committed all the Castles and Forts of the Realm to his own Souldiers, and having gotten all the Forts and Power of the Realm into his own hands, he cunningly devised, how he might destroy the King and get the Crown for himself. Whereupon, he seised upon the Kings treasures, augmented the number of his Soldiers and servants, and perswaded the King to intertain a Guard of one hundred Picts (who were at his own command, and ready to execute any Treason and treachery he should prescribe them) to guard his person day and night from enemies. The King at his perswasion entertaining these Picts, Vortigerne so inriched them with stipends, and feasted them with most delicate meats, that they did in a manner adore him, and aryed openly through the streets, that he was worthy to Reign. When he had thus [Page 30] highly ingratiated himself in the favour of them all, he made them all drunk on a certain day, and then told them with tears, that he would depart out of Britain, seeing he had not enough of his own to maintain 50. Souldiers. After which, departing as it were sorrowfull to his lodging, he left them drinking in the hall; which the Picts hearing of, murmured one to another, saying, Why do not we slay the Monke, that Vortigerne may enjoy the throne of the Kingdome? Rising up therefore, being drunke, they made an assault upon the King, and slew him, and brought the Kings head to Vortigerne. Which when Vortigerne understood, he feigning himself to be very sorrowfull, brake forth into a weeping, that he might palliate the treason committed under the vaile of tears. Then calling the Citizens of London together, he acquainted them what had hapned, and commanded those Picts to be slain and beheaded, that he might render his own fraud exeused from this wicked act. At last when he saw no man equall to himself, he set the Crown of Britain on his own head and overwent al the Princes. He being thus advanced, the contagion of all wickednesse began to increase: scurrilous wickednesse, hatred of truth, contempt of God, wrangling, contention, riot, villany grew outragious; so as Vortigerne alone might seem to be a vessell of all wickednesse, and that which is most contrary to royall honesty, Nobiles Deprimens, depressing the Nobles, and advancing ignoble persons both for manners and bloud, he became odious to God and Men. Anno 447. When the iniquity and levity of minde of King Vortigerne was divulged to all Nations round about,Anno 447. the Scots and the Picts (one hundred of whose fellow Citizens Vortigerne had slain for that Treason which he suborned them to act that he might get the Crown) rose up against him, and most grievously infested him and impunged the Realm of Britain: for consuming all things with the sword, fire, preyes and rapines, they ground to powder the sinfull Nation, because it favored this Vsurpers royall estate; and thus the common people contaminated together with the King, communi percellitur ultione, is pierced through with a common revenge. And as the sword devoured many on the one hand, so the Pestilence did more on the other, [Page 31] so as the living were not sufficient to bury the dead. The King therefore with the desolated people, tyred out with warlike incursions, not knowing what he might do against the irruptions of their enemies, inclined to desolation; for Vortigerne hereupon awaked with the cryes of the people, assembled a Councell (or Parliament) to consult what they should do in this publick distresse, requiring the advice of his Nobles therein. Proposit. 5. 9. Which our Historians thus relate, Super statu publico in medium consulit sententias magnatum suorum explorans. So William of Malmesbury. Britanni injerunt consiium quid agendum; so Henry Huntington; and Ethelwerdus, placuit omnibus cum rege suo Vortigermo; or as Ethelwardus records it, Concessit tota Nobilitas, &c. At last they all agreed, and all the Nobility together with King Vortigerne granted and resolved, that they should call in the Saxons and English out of Germany to their aid, being valiant in armes, and then fixed in no setled place; by which they conceived they should reape a double benefit: for being invincible in armes, they would easily repulse their enemies; and being unsetled, they would reckon it for a very great benefit if they might receive some barren squalid soile and cliffs to inhabit; and that they would never attempt any thing against them, or their Country, because the memory of benefits would mollifie the genuine fiercenesse of their manners. Which advice appeares to be ordered by divine providence (write Mathew Westminster and others) that evill might come upon these evill Britons and their bloudy Ʋsurper. This Counsell being approved by all, they sent eminent men Embassadors into Germany, who might worthily represent the person of their Country. The Germans hearing the businesse, which they of their own accords desired, requested from them with a thousand intreaties, presently sent over Hengist and Horsa with three Ships fraighted with Souldiers and Armes; Explentes petitionem Regis Senatusque. The King upon their arrivall meets them, bestowes rewards and the people large favours on them: then giving them their faith, they received the Isle of Tanoth to inhabit. This agreement likewise was made between [Page 32] them, That the English and Saxons with invincible labours should defend the Country against their enemies, and that the Britons should pay them their military stipends, for whose safety they pretended to watch. And thus they received pay and Lands from the Britons, Quasi pro patria pugnaturi, re autem vera expugnaturi susceperunt, (as some of their profession and progeny have done of latter years) These English and Saxons (who arrived Ann. 449.) soon vanquished and drove the Scots and Picts out of the Realme,Anno 449. and then taking notice of the Kings and Britons idlenesse, leudnesse, and the riches of the Isle, Hengist acquainting the rest of his Countrymen therewith, sent over for more forces by degrees, and for his daughter Rowena (a very beautifull maide but a Pagan) whom he maried to Vortigerne, whereby he incurred the enmity of his Nobles and Sons, and thereupon favoured the Saxons (who promised to establish him in his Throne against his enemies) more then the Britons, bestowing all Kent and Northumberland on the English and Saxons. Upon this the Britons growing jealous lest their new Gardians and Protectors should utterly supplant, extirpate and disinherit them of their native Country by degrees (as they did in the conclusion) they all petitioned Vortigerne, to banish them out of the Realme, being Pagans, who ought not to communicate with Christians; but he contemning suorum consiliis acquiescere, to follow the advise of his Nobles and native Subjects, Anno 454. thereupon Magnates Britannie, the Nobles of Britaine, Anno 454. deserting, and then depriving Vortigerne of his Royall Power, Proposit. 5. made his Sonne Vortimer King. Qui consiliis suorum in omnibus acquiescens, who following their Counsels in all things, began to expell the Saxons, and to restore the Britons to their possessions, which the Saxons had invaded, repairing likewise the Churches and Christian Religion, which they had almost quite ruined, till at last he was poysoned by Rowena his Mother in Law,Anno 460. Anno 460. cum quo simul spes & victoria Brtionum est extincta, & retro fluxerint. Such an incomparable losse [Page 33] is a good King to a Nation. Vortimer being thus poysoned, Vortigerne reassuming the Crown, sends privately to Hen [...]ist into Germany, to come over to him with a small train, lest coming otherwise the Britons should resist him with their united forces. Hengist An. 461. lands with 4000 armed men, which being related to Vortigerne and THE NOBLES OF T [...]E REA [...]M, they were very angry at it, resolving to give him battle; of which Hengist being informed by Ro [...]ena, excused the matter, that he came with so great a force for fear of Vorti [...]er, whom he thought to be alive, but being now [...] of his death, he would commit himself and his p [...]ople to the Kings disposall, to return or send away to [...] then as he should direct, desiring him to appoint [...] and place, Proposit. 9. UT HAEC [...] CONSENSU, that these [...] by common consent: Whereupon the [...] appointed a meeting at [...], for the [...] and Saxons to treat: Hengist [...] all the Saxons that went to the Treaty, to [...] under their Garments, and upon a Signall given [...], that every one of them should kill the Bri [...]on that [...] next him: Whiles they were treating, Hengist took hold of Var [...]iger [...]es cloke (which was the signall) upon which the Saxons drawing out their Knives, suddainly sl [...]w about 460 of the [...] NOBLES, BARONS, andWhom we usually now call Earls CONSU [...]S, being unarmed, and suspecting no such thing; but Consul El [...] ▪ beholding the Treachery, took up a Stak [...], which he there found by chance, and with it slew 70. Saxons, till his Stak [...] was quite spent, and then saved himself by flight. The King they took Prisoner, enforcing him to grant them Kent, Sussex▪ Suffolke, and Norfolke, which he confirmed to them with an Oath, and then they rele [...]sed him: After which they wast [...]d most of the Ki [...]gdom with fire and sword, pulled down Churches, slew the Pr [...]sts, burned up the Bookes of the holy Sc [...]ipture, leaving nothing undone, that Tyranny could effect; and forced Vortigerne, with m [...]st of the Britons, to retire into Wales for shelter in the M [...]taines. The Britons thus distressed by the Saxons under this bloudy [Page 34] Usurper (who first called them in, and under hand encouraged them against the Natives) Anno 464. sent Messengers into Little Brittain to Aurelius Ambrosius and Ʋt [...]r Pendragon (then of full age, and right heires to the Crown) to come speedily over to them, with what forces they could raise, to expell the Saxons, and the Ʋsurper Vortigerne, and receive the Crown and Kingdome of Brittain, of right belonging to them: Who thereupon arriving with great forces, Anno 466: the Britons repair'd from all parts to Aurelius Ambrosius (the elder Brother) and assembling the Clergy, forthwith crowned him for their King. Which done, the Britons exhorting him, in the first place, to assault the Saxons; the King mindfull of the Treason done to his Father and Brother by Vortigerne, refused to doe it, till he had first destroyed this bloudy Traytor: Whereupon marching with his Army to Gen [...]rium a Castle in Wales, wherein Vortigerne was, he spake thus to his Captaines. Consider most noble Captaines, if these walls of this Tower can pr [...]tect Vortigerne, who hath wasted a fertile Country, destroyed holy Churches, almost deleted Christianity from Sea to Sea, and that which I think is more to be lamented, HATH BETRAYED MY FATHER and BROTHER. Now most Noble Countrymen play the Men, and in the first place revenge your selves on him, by whom all these things have come to passe, and after that turn your armes upon your Saxon Enemies. Presently upon these words, they endeavoured to throw down the Walls with divers Engines. At last when other things failed, they put fire to the wooden Walls, which taking hold on them, burnt both the Tower and Vortigerne to ashes, as some record: whereas others write, it was done with fire and lightning then sent from heaven by God upon him. The bloudy Usurper being thus destroyed, this King and the Britons valiantly encountred the Saxons, slew many thousands of them in sundry battles against Hengist and Ella, whom they routed and chased throughout the Realm. This King in his march, finding the Churches every where destroyed to the ground by the Saxons, Anno 468. sent for Work-men, and caused them to be new built, [Page 35] 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, Proposition 3. 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.Proposition 9. 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 CONSƲLES ET PRINCIPES REGNI EBORACƲM, 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 [Page 36] 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,Proposition 5, 6 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 REGNƲM DISPOSƲIT, LEGESQƲE 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 [...]TONƲM 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 [Page 37] 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 isSee Heylins Microcosme, p. 756, 757 718 394, 412, 5 [...]7 177, 178, 642 672, 709. 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.
[Page 38] Aurelius Ambrosius dying by poson, without Issue,Anno Dom. 498. Anno 497. Galfr. Monum. l. 8 c. 17, 18, &c. Math. Westm. An. 497 &c. Authors. Ʋther 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 ƲTHER CONSƲLES SƲOS AT QUE PRINCIPES AD SEVOCARI, ƲT CONSILIO SƲORƲM TRACT ARET, QƲALITER IN HOSTES IRRƲPTIONEM FACERENT: Proposit. 5, 9. Ʋther 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 PROCERIBƲS 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 Ʋther 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 OMNIBƲS REGNI [Page 39] SƲI MAGNATIBƲS, Proposit. 5. 9. 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.Anno 516. Galfr. Monum; Hist. Reg. Brit. l. 9. c. 10 to 20. & l. 10. c. 1. to 14 Math. Westm. An 525, 537. Walsingham Hist Angliae, p. 50. Speeds History p, 273. 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 MAGNATIBƲS, associting the Bishops and Nobles to him, magnificently advanced his Son Arthur (a youth but sixteen yeares old) to be King; to which Solemnity, CONVENERƲNT 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 POPƲLO STATƲM REGNI PACE ET LEGE CONFIRMAVIT. Whence returning into Britain in triumph, about the year 536 Pentecost aproaching, Propos. 5, 6, 9. 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 [Page 40] 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,Propos. 5, 6, 9. 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 [Page 41] 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 INIƲSTE RECEPERƲNT, 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, Nota. 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, [Page 42] 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, Proposition 7. 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. Ʋnderstand 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 [Page 43] 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, Proposit. 8. 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, Anno 542. neglecting all Lawes and Justice, warring against each other, and degenerating into Tyrants, Usurpers, Murderers, Perjurious Persons, Oppressors, and [Page 44] 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 See Holinshed, and Dr. Ʋsher, de Britannicarum Ecclesiarum Primordiis p. 535 to 547. Speeds History p. 275, 276, 277, 278. others out of him. Who thus describes the Tyrannies and vices of those times. Ʋngebantur 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 [Page 45] 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: Psal. 54. 24. 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,Isay 33. 1 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 De Gestis Regum Angl. l 1 c. 3. p, 26. Malmesbury. The Lord grant they may not bring our Kingdomes and Nations to like ruine and desolation now.
[Page 46] 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, wasGalfr. Morum. Hist. l. 12 c 1. [...], 5. Speeh Concil. p. 112. 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 IƲS VETERƲMQƲE TRADITIONEM ESSE, Insulam unius CORONAE DƲ OBƲS CORONATIS SƲBMITTI 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, See Math. Westm. Anno 74 [...]. 811. 853 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.
[Page 47] 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 IMPERIƲM, QƲOD CONTRA SACRAMENTƲM MILITIAE PER TYRANNIDEM OCCƲPAVERANT, IƲSTIS DOMINIS AC POSSESSORIBƲS RESTITƲERENT. 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,Anno Dom. 586. 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 SaxonsMath. Westm. Anno 586. p. 208. Fabian, Grafton, Holinshed and others. 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 [Page 49] the Island should not be called Britain from Brute, but England. Andrew Hor [...]es Mirrour of Justice, c. 1. Sect. 2. p. 7, 8, 9, Malmes bury, Huntingdon, Beda, Ethelwerdus, Holinshed, Speed, and others. 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. Prep. 1, 2, 3, [...]. 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 HAVE COMPANIONS FOR TO HEAR AND DETERMINE IN PARLIAMENT ALL THE WRITS AND PLAINTS OF THE WRONGS OF THE KING, OF THE QUEEN, AND OF THEIR CHILDREN, and especially of those, OF WHOSE WRONGS ONE COULD NOT HAVE RIGHT OTHER WHERE. And these Companions are now called Counts, after the Latine word Comites; every o [...]e of which had at first a Country delivered to him, to guard and defend it from the Enemies; which Country is now called a County, and in Latine Comitatus: and these Counties, together with the Realm, were turned into an Inheritance. So Horne in his Mirrour of Justice▪ in the reign of King Edward the first.
These English Saxons from the first Settlement of their K [...]gdomes and Monarchies, had no Soveraign Power at all t [...] make, alter, or repeal Lawes, impose Taxes, or alien their Crown Lands, but onely by common consent in General Parliamentary Councils, much lesse to imprison, con [...]emn, exile, out-law any m [...]ns person, or to deprive him of his Life, Lands, Goods▪ Franchises, against the Law, without any Legall triall, as these Subsequent Historicall Collections will at large demonstrate.
[Page 50] That they had no Power nor Authority to make,Proposition 5. alter or repeal any Lawes, but onely by common advice and consent of their Nobles and Wise-men, in their Great Parliamentary Councils of the Realm, is evident by this passage of our VenerableEccles. Hist. Gentis Anglorum l. 2. [...]. 5. Huntingd. Hist. l. 3. p. 226 Malmesbury De Gestis Regum Ang l. 1 c. 1. Chron: Johann: Brompton col; 738: Beda, concerning Ethelbert King of Kent, Anno 605. the first Christian Saxon King and Law-maker: He, about the year of Christ 605. Inter caetera bona quae genti suae consulendo conferebat, etiam Decreta illi, juxta exempla Romanorum, CƲM CONSILIO SAPIENTƲM CONSTITƲIT. Quae conscripta Anglorum sermone, hactenus habentur, & observantur ab ea. In quibus primitus posuit, qualiter id emendare deberet, qui aliquid rerum vel Episcopi, vel reliquorum ordinum furto aufernt, volens scilicet tuitionem eis, quos, & quorum doctrinam susceperat praesiare. Malmesbury and Huntingdon write of him. Quin etiam curam extendens in posteros LEGES PATRIO SERMONE, TƲLIT, quibus bonis praemia decerneret, improbis per remedia meliora occurreret, NIHIL SƲPER ALIQƲO NEGOCIO INFƲTƲRƲM RELINQƲENS AMBIGƲ ƲM. The first Law this Christian King ever made BY THE COUNCIL OF HIS WISE-MEN, was for God, his Church and Ministers, to protect them and theirs from violence (a Jove principium:) and the next for to Protect Great Councils and their Members from Injury: thus recorded byConcil. Tom. 1. p. 127. Proposition 3. Sir Henry Spelmau, out of a famous ancient Manuscript called Textus Roffensis.
1. Quicunque Res Dei vel Ecclesiae abstulerit, duodecima componat solutione; Episcopires, undecima solutione; Sacerdotis res, nona solutione; Diaconires, sexta solutione; Clerici res, trina solutione: Pax Ecclesiae violata duplici emendetur solutione: Pax (Monachi) duplici etiam solutione.
2. Si Rex populum suum convocaverit,Proposition 5. 6 & hos ILLIC. quispiam injuria afficerit; duplex esto emendatio, & praeterea 50. Solidos Regi pendito. Let the forcers of Parliaments consider it.
To these I might subjoyn, all the Ecclesiasticall and Civil Lawes, Canons, Constitutions of all our other Saxon Kings, before the Normans reign, recorded in Mr. Lambards [Page 51] Archaion, and scatteringly mentioned in Beda, Ingulfus, William of Malmesbury, Huntindon, Mathew Westminster, Florentius Wigorniensis, Brompt. Antiquitates Eccl. Britannicae, Mr. Seldens Titles of Honour, Mr. Fox Acts and Monuments, with other Antiquaries and Historians, all made, altered, amended, repealed from time to time by common advice and consent in their Great Parliamentary Councils: which, because I have particularly insisted on in my Antiquity Triumphing over Novelty, and Historicall Collection of the ancient Great Councils and Parliaments of England, I shall forbear here to repeat at large, being never yet denied by any, and a truth beyond contradiction.
That our Saxon Kings from their original institution, Anno 605. could not alienate or transferre to any other uses (no not to endow Churches, Proposition 10. support Gods Worship or Ministers) any of their Crown Lands, Demesnes or Revenues, without common consent of their Nobles and Prelates in their Great Parliamentary Councils, is apparent by the three first Charters we read of granted by Chronica W: Thorne col: 1761, 1762 2123: Spelm: Concilia, p 118, 119, 120, 126 127. Ethelbert, the first Christian Saxon King, to the Church of Peter and Paul in Canterbnry, Anno Dom. 605. Wherein the King, CƲM CONSENSƲ venerabilis Augustini Archiepiscopi AC PRINCIPƲM MEORƲM; by the consent of Archbishop Augustine and his Princes, first gave and granted a parcell of Land,Proposition 7. of his Right, in the East part of the City of Canterbury, to build a Church and Monastery to the honour of St. Peter; and after that by a second Charter of the same date, confirmed by his own, the Arch-bishops and Nobles subscriptions thereto, with the Sign of the Crosse, he gave and granted other Lands in Langeport to God and his Church; and after that by a third Charter, Anno 610. he granted other Lands and Priviledges to it, as a testimony of his gratitnde to God, for his conversion from the Errour of false Gods to the worship of the onely true God; adjuring and commanding in the name of the Lord God Almighty, who is the just Judge of all things, that the said Lands given to this Church by the said subscribed Charters, should be perpetually confirmed; so that it should not be lawfull for himself, nor for any of his Successors, [Page 52] Kings or Princes, or for any Secular or Ecclesiasticall Dignity, to defraud the Church of any part thereof. And if any shall attempt to diminish or make void any thing of this Donation, let him be at present separated from the holy Communion of the body and bloud of Christ, and in the day of Judgement let him be separated from the fellowship of all the Saints.
The two first of his Charters and Donations to this Church, were approved and confirmed in a Common Councill assembled by this King at Canterbury, 5. January Anno 605. Omnium & singulorum approbatione & consensu, BY THE APPROBATION AND CONSENT OF ALL AND EVERY OF THEM, as you may read at large in Sir Henry Spelman, and William Thorne.
This truth is further abundantly confirmed by theSpelmani Concil. p. 198, 227, 228, 334 407, 427, 428 435, 441. Ingulphi Hist. p. 851. 853, 864, &c. Malmesbury De Gestis Regum Angl. l, 1. c: 2. l: 2. c: 6. Math. Westm. Anno 794, 797, 945 Charter of Immunities of Withraed King of Kent, granted to the Churches under him, Anno 700. The Charter of Ethelbald King of Mercia to the Church of Croyland, An. 716. The Charter of King Ive, of Lands and Priviledges to the Church of Glastonbury, Anno 725. The Charter of King Offa of Lands and Priviledges to the Courch of St. Albanes, Anno 794. The Charter of King Egfred to the same Church, Anno 797. The Charter of Bertulph King of Mercia to the Abbot of Croyland, made in the Parliamental Great Council of Biningdon, Anno 850. and of Kingsbury, Anno 851. (a memorable president recorded at large by Abbot Ingulphus, Hist p. 858. to 863.) the Charter of King Aethelstan to the Abby of Malmesbury, An. 930. The Charter of King Edmond to the Abbot of Glastonbury, Anno 944. and of the same Edmund to the Abby of Hyde, Anno 966. and to the Abby of Croyland the same year; and to the Abby of Malmesbury, Anno 974. with many other Charters of our Saxon Kings, to Abbies, Bishops and Churches, recorded in Ingulphus, Malmesbury, Spelman andChronicon I [...]han: Brompt: Chronica W: Thorne, Evidentiae Ecclesiae Christi Cantur & Chronologia August: Cant. others; all which were made and confirmed by these Kings, with the consent and approbation of their Bishops, Abbots and Nobles, assembled in their Great Parliamentary Councils, and ratified, confirmed by them, being else void in Law, and repea [...]lable, as appeares by the Generall [Page 53] Spelmanii Concil: p. 340. Evidentiae Ecclesiae Christi Cant: col: 2018 Council of Kingston, Anno 838. Wherein the Manor of Mallings in Kent, which King Baldred had formerly given to Christs Church in Canterbury, being afterwards Sed quia ille Rex cunctis Principibus non placuit, nolu [...]runt donum [...]jus permanere ra [...]tum, &c. revoked and substracted from it, because the Nobles offended with the King, would not ratifie that donation, nor suffer it to remain firm, was resetled and confirmed to this Church in and by this Council (specially summoned for that purpose) by King Egbert and his Son Athelwelfe, CONSENTI ENTIBƲS DEMƲM MAGNATIBƲS: the Nobles now at last consenting to it in this Council, Proposit. 10. which they refused formerly to doe. A clear Evidence of the Noble-mens Negative and Affirmative Voyces to the Saxon Kings grants of their Lands and Charters to pious uses, and of their invalidity without their concurrent assents thereto. In most of these forecited Charters of our Kings to these Churches and Monasteries, it is observable, that they exempted them and their Lands, AB OMNIBƲS PƲBLICIS VECTIGALIBƲS, ONERIBƲS, REGIIS EXACTIONIBƲS, ET OPERIBƲS, nisi in structionibus Arcium, vel Pontium, quae nunquam ull [...]s possint Laxari. From which notwithstanding KingSee Ingulphi Hist. p: 853 864. Spelmanni Concilia p: 198, 227, 228. Ive exempted the Abby of Glastonbury; and King Aethulwulfe and Beorred the Abby of Croyland; & ab expeditione militari. And therefore, as they could not thus exempt them from publick Tributes, Burdens, Regal Exactions and Services without common consent in Parliamentary Councils, so they could not impose any publick Tributes, Burdens, Exactions or Services on them without common grant and consent in such Councils, (unless by special referrations) as I shall by ensuing Presidents most fully evidence.
How carefull the Saxon Nobles and Subjects were from the first erection of their Kings and Kingdomes in England, to preserve their Priviledges, Liberties, Properties, Lawes, from the usurpations, Invasions, and arbitrary power of Tyrannical Kings or Usurpers, and how un [...]nimous, magnanimous they shewed themselves in their just defence, will appear by these few Presidents of their Proceedings against their Tyrannicall Oppressing Kings, which [Page 54] I shall muster up together in their Chronologicall Order.
Anno Dom. 756.Math. Westm. Anno 756: p: 274. Will. Malmesb: De Gestis Reg. Angl: l: 1: c, 2: p. 15. Henry H [...]ntindon Hist: l, 4, p 341, 342. Chron: Iohann: Brompton col: 770, 796: Speeds Hist. p, 2 [...]9. Holinshed, Grafton, Fabian, and others in his Life. Prop: 1, 2, 3, 4 Sigebert King of the West-Saxons,Anno 756. growing insolent and proud by the Successes of his Predecessors in their Warres, became intolerable to his People, treating them very ill by all kind of meanes, LEGESQƲE ANTECESSORƲM SƲORƲM PROPTER COMMODƲM SƲ ƲM VEL DEPRAVARET, VEL MƲTARET; endeavouring to d [...]prave or change the Laws of his Ancestors, for his own private luchre, and using EXACTIONS, & CRUELTIES UPON HIS SUBJECTS, setting asid [...] ALL LAWES. Whereupon his most Noble and Faithful Counseller Earle Cumbra, lovingly intimating to him, the complaints of all the people, perswaded the King to govern the people committed to his Charge more mildly, and to lay aside his inhumanity, that so he might become amiable to God and man; he thereupon soon after commanded him to be wickedly slain, and becoming afterwards more cruell to the people, augmented his Tyranny. Ʋpon which the rest of the P [...]ers, seeing their State and Lives were every day in danger, and the Common Subjects, WHOSE LAWES WERE THUS VIOLATED, being incensed into fury, all the Nobles and People of his Realm assembling together, rose up against him, and upon provident mature deliberation, AND UNANIMOUS CONSENT OF ALL, they (before he had reigned full two yeares) expelled him out of the Kingdom, and elected and made Kenulphus (sprung from the bloud royall) King in his stead. Whereupon flying into the Woods like a forlorn person for shelter, he was there slain by Cumbra his Swineherd, in revenge of his Masters death. Ita cr [...]delitas Regis omnem pene Nobilitatem pervagata, in homine ultimae sortis stetit, writes Malmesbury. To which Henry Huntindon addes this memorable observation: Ecce manifestum Domini Judicium, ecce quomodo Domini justitia nonsolum in futuro seculo, verum etiam in isto digna meritis recompensat. Eligens namque Reges improbos ad contritionem promeritam subjectorum, alium diu insanire permittit, ut & populus pravus diu vexetur, & Rex pravior in aeternum [Page 55] acrius crucietur, veluti Ed [...]lboldum regem Merce praesatum: alium vero cita disterminatione praeoccupat, ne populus suus nimia Tyrannide oppressus non respiret, & immoderata Principis requitia, citissimas ultionis aeternae debito paenas incurrat, veluti Sigebertum hunc de quo tractamus. Qui quanto nequior extitit, tanto vilius a Subulco interf [...]ctus, a d [...]lore in dolorem transiit. Ʋnde Domini justitiae aeternae laus & gloria nunc & semper.
In theMath: Westm: Anno 758▪ p, 275: Huntindo [...] Hist: l, 4. Speeds History p, 254, 367. See Fabian, Holinshed, Grafton. Propos. 1. 2, 3. year of our Lord 758. the people of the Kingdome of Mercia rising up against their King Beornred, Anno 758. pro eo quod populum non EQƲIS LEGIBƲS, sed PER TYRANNIDEM GƲBERNARET, because he governed his people not by their JUST LAWES, but by arbitrary Tyranny, they all of them, as well NOBLES as IGNOBLE, assembled together in one, and Offa a most valiant young man being their Generall, they expelled him out of the Realm: which being accomplished, BY THE UNANIMOUS CONSENT OF ALL, as well Clergy as People, they crowned the said Offa, King. This Beornred treacherously murdered King Ethelbald his Soveraign, whose Captain he was, and then usurped his Crown, but was himself deprived of it, and slain soon after by Offa (who succeeded him) by divine retaliation.
So Math: Westm: Anno 957: p, 370. Will: Malmesbury De Gestis Regum l, 2: c, 7 p, 55. See Huntindon Speed, Holinsh: Grafton, in his Life, and Fabian. Chron: Johann: Brompton col: 863▪ Hen, de Knighton: de [...]itibus Angl: l, 1: c, 1: Edwin King of Mercia in the year 857. for his Misgovernment,Anno 957. his despising the Wise-men and Nobles of the Realm, who hated his vicious and oppressive courses, affecting and fostering ignorant and unrighteous persons, his forcible expelling the Monkes and others out of their possessions by armed men, his banishing Dunstan into France for reprehending his vices, and other injurious and Tyrannicall Actions against Law and Right, was utterly forsaken and rejected by all his Subjects, and by the unanimous consent of all, dejected, deposed from his royall Dignity, and his Brother Edgar Elected King in his place, Deo dictante, & annuente populo, by the dictate of God himself and the peoples consent, AB OMNI POPƲLO ELECTƲS. as our Historians write.
By these Presidents, pretermitting others, it is apparent, that the ancient Saxons held their Kings Supremacy [Page 56] to be bounded within the rules of Law and Justice; and that they esteemed their Kings to lose both the name and office of Kings, when they ceased to Govern them according to Law and Justice, or exalted themselves above their Lawes and Liberties; which was not onely the ancient Divinity of those former times, as appeares by Pope Eleutherius his forecited Letter to King Lucius, but the received Law amongst the Saxons, as is evident by the Lawes of KingSpelmanni Concil: p, 622. Edward the Confessor, Lex 15. hereafter cited. The Law was the sole Umpire between these Kings and their people; See Lambards Archaion Brompton col: 761 which Law, as no Great man, nor any other in the whole Kingdome might violate or abolish, as Ive the great Saxon King confesseth in his Lawes: So the Kings themselves were to submit thereto in all things, as well as their Subjects; WhenceSpelmanni Concil: p, 396, 387; Chron: Iohann: Brompton col: 841. Aethelstan the Saxon King, in his Prologue to his Lawes, made at the Great Councill of Grat [...]ley, Anno Dom. 928. by the advice of the Arch Bishops, Bishops, Nobles and Wise men of the Realm, used this memorable expression, as the Law of that age, between King and people; Ea mihi vos tantum modo comparatis velim, QƲAE JƲSTE AC LIGITIME PARARE POSSITIS. Neque enim mihi ad vitae usum QƲICQƲAM INJƲSTE ACQƲIRI CƲPIVERIM. Etenim cum ea ego vobis, LEGE VESTRA omnia benigne largitus sum, ut MEA MIHI VOS ITIDEM CONCEDATIS, prospicitote sedulo ne quis vestrum, neve [...]rum aliquis qui vobis paruerit, offensi [...]n [...]m aut divinam, aut nostram concit [...]tis.
Indeed some of the Saxons, being too much addicted to Faction, Treason, Sedition and Rebellion against their Kings, abused their just Liberties and Priviledges to the unjust murther and dest [...]ction of their Kings, especially those of the Kingdome of Northumberland; to prevent which excess [...]s, in the famous Council ofSpelmanni Concil: p, 291, &c: 29 [...], [...]96, 298, 300: Calchuth Anno 787. held [...] of Northumberland, his Bishops and Nobles, Anno 787. and Of [...]. King of Mercians, and his Bishops and N [...]lles, there [...] memorable Lawes and [...], both for the Security, Immunity of King and [Page 57] people, which they with all their Subjects assented to; and with all devotion of mind, to the uttermost possibility of their power, vowed through Gods assistance to observe in every point.
Cap. XI. Of the Duty and Office of Kings: Ʋndecimus Sermo fuit ad Reges & Principes, ut Regimen suum cum magna cautela & disciplina peragant, & cum Justitia judicent, ut scriptum est:Psal. 2: 11. Apprehendite disciplinam, ne quando irascatur Dominus & pereatis, &c. Habentque Reges Consiliarios prudentes, Dominum timentes, moribus hon [...]stos, ut populos bonis exemplis Regum & Principum eruditus & confirmatus, proficient in laudem & gloriam omnipotentis Dei.
Cap. XII. De Ordinatione & Honore Regum (who were then See Math. Westm: Anno 886: p, 339, 340, 341. Proposition generally Hereditary not Elective) We decree, that in the Ordination of Kings, none may permit the assent of evill men to prevail; but KINGS SHALL BE LAWFULLY ELECTED BY THE PRIESTS and ELDERS OF THE PEOPLE; and those not begotten of Adultery or Incest: for as in our times by the Lawes, a Bastard cannot be admitted to the Priesthood, so neither can he be able to be the Lords annointed: and he who shall be born out of lawfull Wedlock shall not be King of the whole Realm, and Heire of his Country: the Prophet saying; Dan: 4: 17▪ Know yee that the Lord ruleth in the Kingdom of men, and the Kingdome is his, and he will give it to whomsoever he will,Prop. 7, 8. Therefore we admonish all in generall, that they would, with a unanimous voice and heart, intreat the Lord, that he who electeth him to the Kingdome, would himself give unto him the regiment of his holy discipline to govern his people. Likewise honour is to be rendred to them by all men; the Apostle saying; 1 Pet: 2: 17, 13: Honour the King: and in another place, Whether it be to the King as Supream, or to Governours, as to those who are sent by him, for the punishment of Malefactors, but to the praise of them that doe well. Likewise the Apostle, Rom. 12. 1 Let every Soul be subject to the higher Powers, for there is no power given but of God: And the powers that are are ordained of God. Therefore who ever resisteth the power, [Page 58] resisteth the Ordinance of God, and those, who resist, acquire damnation to themselves. Let no man detract from the King: for Solomon saith: Eccles. 10: 20. Thou shalt not detract from the King in thy mouth, neither shalt thou curse the Prince in thy heart, because the birds of the air shall carry the voyce, and that which hath wings shall tell the word. LET NO MAN DARE TO COMMUNICATE IN (or conspire) THE KINGS DEATH, BECAUSE HE IS THE LORDS ANOINTED: and if any shall have adhered to such a Wickednesse (or Treason) if he be a Bishop, or any of the Priestly Order, let him be thrust out of it, and cast out of the holy inheritance, as Judas was ejected from his Apostolicall degree: and every one, whosoever he be, who shall assent to such a Sacriledge, shall perish in the eternall bond of an Anathema, and being associated to JƲDAS THE TRAITOR shall be burnt in sempiternal burnings, as it is written: Rom. 1. Not onely those who doe such things, but those also who consent to such who doe them, shall not escape the Judgement of God. For the Esth. 2: 21 22, 23. two Eunuches consenting to slay Ahasuerus, were hanged on a Gallowes. Consider what 1 Sam. 24. 4, 5: c, 26, 7, 8, 9: 2 Sam: 1: 4, to 17. David said to the Captaines, when the Lord had said unto him, I will deliver Saul into thy hands; when he found him sleeping, and was exhorted by the Souldiers to slay him; Let this sin be farre from me, that I should stretch forth my hand against the Lords anointed. Yea, he cut off the head of that Souldier, who after his death came unto him, protesting that he had slain Saul; and it was reputed unto him for righteousnesse, and to his seed after him: And it is often proved among you by examples, that WHOEVER HAVE HAD A HAND IN See Dr: Beards T [...]eatre of God Judgements. Math. Westm: An: 786, [...]02, 821, 838, 854 934, 946. 979 1001, 10 [...]6, 1017, 1054, Prop, 1, 2, 3 [...]. THE MURDER OF THEIR KINGS, HAVE ENDED THEIR LIFE IN A SHORT SPACE, & utroque Jure caruerunt, (it should be corruerunt) and have perished by both Lawes (civill and sacred.)
Cap. 13. De Judiciis Justis ferendis. Let Great and Rich men execute just Judgements, neither let them accept the Person of the Rich, nor contemn the Poor, nor swerve from [Page 59] the rectitude of Judgement, or Law, nor receive gifts against the innocent, but judge in righteousnesse and truth; the Prophet saying, Judge justly yee sons of men: Also elsewhere, Lev: 1915. Thou shalt not doe that which is unjust, nor judge unjustly: thou shalt not stand against the bloud of thy neighbour. Likewise IsaiahIsay 1, 17: c, 58: 6, 7, 8▪ Seek Judgement, releive the Oppressed, judge the Fatherlesse, defend the Widow: then come and let us reason together, saith the Lord. Also elsewhere, Ʋndoe every bond of iniquity, undoe the heavy burdens, let those who are oppressed goe free, and break every yoak. Then shall thy light break forth as the morning, and thy health shall spring forth speedily. The Lord saith in the Gospel, Math: 7: 2: For with whatsoever judgement yee judge, you shall be judged, and whatsoever measure you meet, it shall be measured to you again. Neither shall you take BY FORCE FROM ANY ONE THAT WHICH IS HIS OWN; as it is said, Exod: 20: 17: Thou shalt not covet the thing which is thy Neighbours. Thou shalt not covet thy Neighbours wife, nor his house, nor his oxe, nor his sheep, nor his field, nor any thing that is his. For the Prophet threatneth, saying, Isay 5: 8, 9 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; Psal: 82: 4 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; Math. 25, 34: Come yee blessed, inherit the Kingdome prepared for you from the foundation of the world.
Cap. XIV. De cohibendis Fraude, RAPINIS ET TRIBƲTIS ecclesiae INJƲSTE IMPOSITIS. Let Fra [...]d, Prop. 1, 2, 3. 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 [Page 60] 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.John 13: 35. 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. De Gestis▪ Regum Angl. l, 1: c, 3: p, 26. William Malmesbury and Historia: l, 4▪ p, 342, 343, 344. Speeds History p, 244, 245, 246. See Fabian, Holinshed, Grafton, Math. Westm. Anno 789, 798, 808 8 [...]4, 848, 871 872. 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. [Page 61] 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 Malmesb: De Gestis Reg: l, 1. c, 3: p, 26, 27. Speeds History p, 248. Alchuvini Opera p, 1667; 1668. 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 SANGƲINE DOMINORƲM ET PRINCIPƲM 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 [Page 62] 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.
De Gestis Reg▪ l, 1 [...], 3. 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 Histor: l, 4: p. 343, 344, l, 5: p, 312. Watb: Westm. An: 873, 875, 876, 886. 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 destroyed those of Northumberland and Lindesfa [...]ne, horribly destroying the Churches of Christ, with the Inhabitants; at which time Duke Sigga, who unworthily betrayed and slew his Soveraign King Alfwold of Northumberland, [Page 63] worthily perished; the whole Nation being first almost quite consumed with civill Warres, and by these Pagan invaders, whose Plague was farre more outragious and cruell than that of the Romans, Picts, Scots, or Saxons Invasions and Depredations in former ages; they most frequently invading and assailing the land on every side, desiring not so much to obtain and rule over it, as to spoile and destroy it, with all things therein; burning their houses, carrying away their goods, tossing their little children, and murthering them on the top of their pikes, ravishing their wives and daughters, then carrying them away captives, and putting all the men to the Sword: which sad and frequent rumours from all parts, struck such terrour into the hearts of King and people, that their very hearts and hands failed, and languished, so that when they obtained any victory, they had no joy nor hope of safety by it, being presently encountred by new and greater swarmes of these Pagan Destroyers. The cause of which sore Plague and Judgement he together with Flores Hist▪ Anno 83 [...]: p, 301, 302. Mathew Westminster, thus expresse. In the Primitive Church of England Religion most brightly shined; but in processe of time all vertue so withered and decayed in them, ƲT GENTEM NƲLLAM PRODITIONE ET NEQƲITIA PAREM ESSE PERMITTERENT, that they permitted no Nation to be equall to them IN TREASON AND WICKEDNESSE; which most of all appeares in the History of the (forecited) Kings of Northumberland▪ For men of every Order and Office, DOLO ET PRODITIONE INSISTEBANT, addicted themselves TO FRAUD AND TREASON, in such sort as their impiety is formerly described in the Acts of their Kings. Neither was any thing held disgraceful, but Truth and Justice, Nec honor nisi, BELLA PLƲS. QƲAM CIVILIA, ET SANGƲINIS INNOCENCIƲM EFFƲSIO & causa dignissima caedis Innocentia. Nor any thing reputed honourable, but more than civill Warres, and effusion of the bloud of Innocents, and Innocency, reputed a cause most worthy of death. THEREFORE the Lord Almighty sent a most cruell Nation like swarmes of Bees, who spared neither age [Page 64] nor sex; to wit, the Danes, with the Gothes, the Norwegians, and the Sweeds, the Vandals, with the Prisons, who from the beginning of King Edelwolfe, to the coming of the Normans under King William, wasted and made the fruitfull Land desolate for 230. yeares, destroying it from Sea to Sea, and from man to beast. Which sore and dreadful long continued Judgement of God upon the Land, for those crying sinnes now abounding amongst us, as much almost as amongst the Northumberlanders and other Saxons then, may cause us justly to fear the self same punishments, or the like, as they then incurred, and the Britons before that under the bloudy Usurper Vortigenne, unlesse we seriously repent and speedily reform them. From these unparalleld prodigious Treasons, Insurrections, Regicides, Rebellions of these Northumberlanders, I conceive that infamous Proverb (used by Maximilian the Emperor, and frequent in Tractatus Joannis Aven [...]ini de Rebus Turcicis p, 117. Heylins Microcosmus in Germany. Forraigne and other Writers) first arose touching the English: That the King of England was, REX DIABOLORƲM, a King of Devils (not of men or Saints) SƲBDICOS ENIM REGES EJICERE TRƲ CIDARE because the English (especially the Northumberlanders) so oft rebelled against, expelled, deposed and murdered their Kings, beyond the Spaniards, French and other Nations. Which Proverb the late extravagant Proceedings of some Jesuitized pretended English Saints, have now again revived out of the ashes of oblivion.
But I hope these sad recited old domestick Presidents will hereafter instruct both Kings, Magistrates, Parliaments and people, to keep within those due bounds of Justice, Righteousnesse, Law, Equity, Loyalty, Piety, Conscience, Prudence and Christian Moderation, which the Lawes of God and the Land prescribe to both, and the Council of Calchuth, forecited long since prefixed them.
That the ancient English Saxon Kings at and from their primitive Establishment in this Realm,Proposition 1. had no power nor prerogative in them to impose any publike Taxes, Imposts, Tributes, or Payments whatsoever on their people without [Page 65] their Common Consents and Grants in their Great Councils of the Realm, for any spiritual or temporal use, I shall evidence by the four first General publick Taxes that I meet with in the Histories of their times, which I shall recite in Order according to their Antiquity, though I shall therein somewhat swarve from my former Chronological Method, in reciting some subsequent Lawes and confirmations relating to every of them, for brevity sake, out of their due order of time, and coupling them with the original Lawes for, and Grants of these general Charges and Taxes, to which they have relation, and then pursue my former method.
Henry Huntindon, in the Prologue to his fifth Book of Histories p. 347. writes thus of those Saxons, who first seised upon Britain by the Sword. Saxones autem pro viribus paulatim terram (Britanniae) bello capiscentes, captam obtinebant; obtentam, adificabant, adificatam LEGIBƲS REGEBANT: not by arbitrary Regal power without or against all Law.
The first Taxes and Impositions ever laid under the Saxon Kings Government, after they turned Christians, upon the people of England, were for the maintenance of Religion, Learning, Ministers, Schollers, (long before we read of any Taxes imposed on them for the publick Defence of the Nation by Land or Sea) all and every of which were granted, imposed onely by common consent in their Great Councils (before the Name of Parliament was used in this Island, which being a French word came in after the Normans, about Henry the third his reign) without which Councils grant they could neither be justly charged, nor levied on all or any Free-men of this Island, by any civill or legall Right, by those to whom they were granted, and thereupon grew due by Law.
1. The first General Tax or Imposition laid on and paid by the Saxon Subjects of this Land appearing in our Histories, was that of Caericsceatae (id est CENSƲS ECCLESIAE) in plain English, Churchets, or Church-Fees; in nature of First-Fruits and Tythes.
[Page 66] The first Law whereby these Churchets, Anno Dom. 692. Church-Fees, or First-Fruits were imposed on the people,Proposition 1. and setled as an annuall duty on the Ministers (paid onely before that time as voluntary Free-will Offrings to the Ministers of the Gospel by devout and liberal Christians) was enacted bySpelmanni Concil: Tom: 1: p, 183, 184, 185, 187: Chron: Johann: Brompton col: 761, 762, 766 Ive, King of the west Saxons, in a Great Councill held under him Anno Dom. 692. Wherein, by the exhortation, advice and assent of Cenred, his Father, Heddes and Erkenwold, his Bishops, AND OF ALL THE ALDERMEN, ELDERS AND WISE-MEN OF HIS REALM, and a great Congregation of the Servants of God, he established this Law (among sundry others) which none might abolish. Cap. 4. De Censu Ecclesiae: Cericsccata (i.e. Vectigal, or Census Ecclesiae) reddita sint in Festo Sancti Ma [...]tini: Si quis hoc non compleat, reus sit IX. sol: & du [...] decuplareddat ipsum Cericsceatum. So one Coppy renders it out of the Saxon: another thus, Cyricsceata: (idest PRIMITIAE SEMINƲM) ad celebre divi Matini Festum redduntor: qui tum non solverit, qua raginta Solidis mulctator, & ipsas praeterea Primitias duodecies persolvito. After which there is this second Law subjoyned, Cap 62 De Cyricsceatis. Primitias Seminum quisque ex eo dato domicilio, in quo ipse natali die Domini c [...]mmoratur. These Duties were afterwards enjoyned to be paid by theLambard: Archaion: Chron. Johann. Brompton col: 341, [...]58. Spelm: Concil: p, 402, 419, 420, 444. Lawes of King Adelstan Anno 928. c. 2. Volo ut Cyricsc [...]atha reddantur ad illum locum cuirecte pertinent, &c. By the Lawes of King Edmund made Anno 944. in a Great Synod at London, AS WELL OF ECCLESIASTICAL AS SECULAR PERSONS summoned thither by the King, c. 2. Decimas praecepimus omni Christiano super Christianitatem suam dare & emendent Cyricsceattam, id est Ecclesiae censum. Si quis hoc dare noluerit, excommunicatus: sit. By the Lawes of King Edgar Anno 965. c. 2, 3.Spelmanni Concil: p, 530, 531. and the Lawes of King Aethelred; made by him and his Wise-men apud Habam, about the year of Christ 1012. Cap. 4. DE CONSƲETƲDINIBƲS sanctae Dei Ecclesiae reddendis. Praecipimus, ut OMNIS HOMO super dilectionem Dei & omnium sanctorum DET CYRISCEATTAM, ET [Page 67] RECTAM DECIMAM SƲAM, sicut in DIEBƲS ANTECESSORƲM NOSTRORƲM FECIT, quando melius fecit: hoc est, sicut aratrum peragrabit DECIMAM ACRAM: & omnis consuetudo reddatur super amicitiam Dei, ad Matrem Ecclesiam cui adjacet, ET NEMO AƲFERAT DEO QƲOD AD DEƲM PERTINET, ET PRAEDECESSORES CONCESSERƲNT. See Gulielmi Sonmeri Glossarium Title: Cyricsceattam. By which Laws it seemes, that these Cyricsceata, or Church-Fees, were of the same nature with Tythes, (if not Tythes in truth) and the tenth acre, or tenth part of all their Corn and arable Lands increase (Tithes both in theIrae [...]eus, l, 4: c, 34: Origen Homil: 11 in Num. Hicron: in Malach: c, 3. Augustin: de Tempore Serm: 219. Cassian (que) c, 25, 33. Isiodor Pelusio ta: l, 1. Ep. 317 Antiochus Homil. 120: Concil: Arelatense 4: Can: 3. Fathers, Councils, Writers of this and some former ages, being usually stiled, First-Fruits) though most esteem them duties different from Tythes. Which duty the people being backwards (as it seems) to pay, King Kn [...]te by the advise and consent of his Wise-men in a Great Council Anno 1032. quickned the payment of them by this additionall Law, increasing the first penalty by a superadded fine to the King.Spelm▪ Concil: p, 563 Chron: Iohann: Brompton col: 920. Cyricsceata (which the Latine Translation renders, Seminum primiciae) ad festum Divi Matini penduntor: Si quis dare distulerit, eas Episcopo undecies praestato, ac Regi ducenos & viginti Solidos persolvito. Et dat omnis Cyricsceot ad matrem Ecclestam per omnes Liberas domus. I find by the Surveyes and Records of our late Bishops Revenues; That these Churchets of later times were certain small portions of Corn, Hens, Eggs, and other Provisions paid by each House or Tenement (according to the several values of them) for the Maintenance and Provisions of the Ministers; which were constantly rendred to our Bishops by their Tenants under the name of Cyricsceata or Churchets, See Spelm: Glossarium & Guli: Sonmeri Glossaerium Title: Cyricscea [...]am. in divers Mannors, till they were lately voted down. This was the first kind of publick Tax imposed on the people for the Maintenance of the Ministry: and that onely by common grant and consent in Common Councils of that age; as were theirSpelmanni Concil: p. 375, 563, 564, 571 annuall Tributes for Lights, Parish Almes, and their Soul-shot or Mortuaries at every mans decease, first granted by common Consent in Parliamentary Councils, which I shall but name.
[Page 68] 2. The second principle annuall Charge or Tribute imposed on and paid by the people under the Saxon Kings,Anno Dom. 787. was Tythes of the annuall increase of their Lands and Goods, Proposition 1. for the maintenance of Gods Worship, Ministers and Religion; which though due by Gods Law and a Divine Right to Ministers (as the first Law made for their due and true payment recites, and I have lately proved at large in my Gospel-Plea, &c.) yet they could not be legally imposed, nor exacted from the people by the Ministers in foro humano, without publick consent and grant. Whereupon in theCentur: Magd: 8▪ c, 9. Spelm: Concil: p, 292, 293, 298, 299, 300 301,. Mr. Seldens History of Tithes ch: 8, p, 188, 189. Generall Councill of Calchuth (held in the year of our Lord 787) Cap. 17. Ʋt Decimae solvantur; this Law was made. In paying tithes, as it is written in the Law (of God) Thou shalt bring the tenth part of all thy Corn and First Fruits into the House of the Lord thy God, &c. Wherefore likewise WE COMMAND with an obtestation, that all men be carefull to render Tithes of all things they possesse, BECAUSE IT IS THE PECULIAR PORTION OF THE LORD GOD, &c. Which Law being read in that publick Council by Gregory Bishop of Ostia, before King Alfwoldus, Arch-Bishop Eanbald, and all the Bishops, Abbots, Senators, Dukes and PEOPLE OF THE LAND: they all assented to it, and with all devotion of mind, Let our Tith-opposing Souldiers and others observe it. according to the uttermost of their power, bound themselves by vow, that by Gods supernall assistance they would observe it in all things; ratifying it with the Sign of the Crosse and Subscription of their Names thereto, according to the Custome of that age. After which it was read before King Offa in the Councill of the Mer [...]ians and his Senators, Jambertus Arch-Bishop of Canterbury, and the rest of the Bishops of the Realm, with a loud voyce, both in the Latine and Germane tongue, that all might understand it: who ALL WITH A UNANIMOUS VOYCE AND CHEARFUL MIND ASSENTED TO IT, & promised that they would (by Gods Grace assisting them) with A MOST READY WILL, to the best of their power, observe this (and the rest of the Statutes there made) in all things. And then ratified them with the sign of the Crosse and subscription of their [Page 69] Names thereto. It seemes very probable by this Clause in the Lawes of Spelmanni Concil. p, 621. Hen: de Knyghton De Eventibus Angliae l, 2, col, 2336. Edward the Confessor (confirmed by William the Conquerour) Cap. 9. Of Payment of Tithes of Cattel, Bees and other things; Ha [...]c enim beatus▪ Augustinus praedicavit, & docuit: Et haec CONCESSA SƲNT A REGE, ET BARONIBƲS, ET POPƲLO, That upon the preaching of Augustine, (first Arch-Bishop of Canterbury) Ethelbert King of Kent, with his Barons and People (assembled in a great Parliamentary Council) after their Conversion by him to the Christian Faith, granted Tithes of all things to him and their Ministers by a speciall Act or Law; (which if true) must be about the year of our Lord 603. at least one hundred and eighty years before the Council of Calchuth. But because I find no such speciall Law of his extant in any Author; and this passage may be intended of Augustine Bishop of Hippo (flourishing about the year of Christ 410.) who hath sever all Homiles concerning the Due payment of Tithes; as Hom. 48. inter Sermones, 59. Sermo De Tempore 219 ad Fratres in Eremo. Sermo 64. and in Psal. 146. and because this clause may be as well intended of King Alfwold, or King Offa, and his Barons and People in the Council of Calchuth, as of King Ethelbert and his Barons and People; I have therefore begun with their Law for Tithes, being extant, certain; whereas the other is but conjecturall: yet made by common grant and assent of the King, and his Barons, and People, if there were any such.
After this Councill of Calchuth, I find very many Lawes confirming, continuing, establishing in all successions of ages, till this day, this charge and payment of Tythes (all made by Common Consent in Generall Councils or Parliaments, both before and since the Conquest, which because they are all extant in John Bromptons Chronicle, printed at London, 1652. Mr. Lambards Archaion, Sir Henry Spelmans Councils, Rastals Abridgement of Statutes, and accurately collected in a Chronological order, by Mr. Selden in his History of Tythes ch. 8. where all may peruse them, I shall wholly pretermit them here, and referre the Reader to these [Page 70] Authors: All which Lawes are clear Evidences of the first Propositions verity.
The third General ancient Saxon Tax and Charge occurring in our Histories,Anno Dom. 727, 793. imposed on the People, was that ofSpelmanni Concil. p▪ 308, to 313, 290, 261. Radulsus de Diceto Abbreviationis Chronicorum col, 446, Chron. Iohann. Brompton col: 754, 776. Rome-scot, Proposition 1. or Peter Pence; to wit one penny out of every House each year, paid on the Feast of St. Peter ad vincula; for and towards the maintenance of the English School and Schollars at R [...]me: from the payment whereof all the Lands belonging to the Abby of St. Al [...]anes were exempted by King Offa, by whom this Tax or Almes was first granted, for the maintenance of the English Schollars at Rome, and that by the UNANIMOUS antecedent and subsequent CONSENT, of Arch-Bishop Humbert and his Suffragans, ET PRIMATIBƲIS SƲS ƲNIVERSIS, and of all his Nobles or chief Men, assembled in a PROVINCIAL COUNCIL at Verolam, in the year of our Lord 793. This School (as Malmesbury De Gestis Regum Angliae l. 2 c. 1. and Balaeus Cent. 1. c. 15. record) was first founded by King Offa before his going to Rome, which Sir Henry Spelman proves out of Brompton and others: But it appeares byMath. Westm. Anno 727, p, 265. Mathew Westminster, that this School was there first built and endowed with Peter-pence by King Ive 66. yeares before King Off [...]aes grant and endowment. For he writes; that King Ive going to Rome Anno 727. built a House in that City, by the consent and will of Pope Gregory, which he caused to be called, the School of the English: To which the Kings of England, and the royall Stock, with the Bishops, Elders and Clergy-men might come to be instructed in the Catholick doctrine and faith, and so, being stedfastly confirmed in the faith, might return home again. For the Doctrine and Schooles of the English, from the time of St. Augustine, were interdicted by the Roman Bishops, by reason of the daily Herisies which had sprung up by the coming of the English into Britain, whiles the Pagans intermixed with the Christians, corrupted both the grace of holy conversation, and the Christian Faith. He likewise built a Church, dedicated to the Honour of the Virgin Mary, near to this School, where the English coming to Rome, might celebrate [Page 71] divine Mysteries, and be likewise buried if they died there. Then he addes,Propo. 1. ET HAEC OMNIA ƲT PERPETƲAE FIRMITATIS ROBƲR OBTINERENT, STATƲTƲM EST GENERALI DECRETO (made in General Council of the Realm) PER TOTƲM REGNƲM OCCIDENTALI ƲM SAXONUM, in quo praedictus Ina regnabat, ut singulis annis de singulis familiis denarius unus qui anglice, ROME-SCOT appellatur, beato Petro, & Ecclesiae Romanae mitteretur, ƲT ANGLI IBIDEM COMMORANTES VITALE SƲBSIDIƲM INDE HABERENT. Which grant, Offa King of Mercians first inlarged and granted in his Kingdome (distinct from that of Ive) 66. yeares after this, as aforesaid. This Annuall Contribution towards this Schooles maintenance, was afterwards confirmed, and the due payment thereof prescribed, under penalties by theSpelmanni Concil. p. 445, 446, 517, 530▪ 544, 621, 625 633. Mr. Lambards Archa [...]n. Johannis Brompt Chron. col. 871. 902, 920. Henr. de Knighton de Eventibus Angliae l, 2▪ col, 235 [...]. successive Lawes of King Edgar, King Ethelred, Canutus, Edward the Confessor, and William the Conquerour, made in successive GREAT COUNCILS held in their times, BY AND WITH THE ADVICE AND ASSENT OF THEIR ARCH-BISHOPS, BISHOPS, WISEMEN, NOBLES AND SENATORS. in the years of our Lord 967, 1009, 1012, 1032, 1060. (or thereabouts) and 1070. By vertue of which Lawes this Tax was duly paid every year in all succeeding ages, till it was finally abolished and taken away by name, by the Statute of 25. H. 8. c. 21. being perverted from its primitive intended use, and made a constant Revenue by and for the Popes themselves, against the Donors mindes, and their Successors, who so long continued it for the foresaid uses, of the English schoolings.
These three most ancient Taxes and Charges, originally granted, imposed, and afterwards continued onely by Common grant and Consent of the King, Nobles, People in Generall Councils and Parliaments, are a most pregnant proof of the first Proposition, and of the Peoples most ancient Originall Fundamentall Right of Property in their Goods and Estates, exempt from all Impositions and Tallages whatsoever, but onely [Page 72] by their free Grants and Consents in Parliament. For if our ancientest Christian Saxon Kings and greatest Monarchs could not by their Prerogatives or absolute Power alone, but onely with and by the free and common consent and grant of their Nobles, Wise-men, Prelates and People in the Great Parliamentary Councils of their Realmes, impose the Payment of First Fruits and Tithes upon their Subjects, See my Gospel Pl [...]a, for Tithes, &c. 1653. though due by the very Law of God, towards the Maintenance of Gods Worship and Ministers, for the publick good, instruction, salvation of all their Soules: nor yet the Payment of Peter-pence, for the Maintenance of Learning and Schollars, to supply the Ministry, and furnish the Realm with able learned Men, for the common benefit both of Church and State, being things of greatest Concernment for the Peoples, Kingdomes Happinesse, Government and Prosperity: much lesse then could they lay on them any other Tax, Tribute, Aid or Assessement whatsoever, of lesse necessity and concernment, for any inferior uses, or for Defence of the Realm by Land or Sea against Enemies or Rovers, by their own absolute Authority, but onely by and with their voluntary Grants and Consents in Generall Parliamentary Councils of the Realm, Anno Dom. 871, 873, 983, 984, &c. as every rationall man must acknowledge.
The fourth Publick Tax or Imposition on the people in point of time,Proposition 1. is that of Danegeld (the first Civill Tax we everread of) whereof there was two sorts.See my Humble Remonstrance against the Illegal Tax of Ship-money p, 19, &c. The first, paid to the Danes themselves by way of Composition, as to a prevailing Conquering Enemies, to prevent their Plunders, Rapines, Incursions. The second, paid for the maintenance of valient Souldiers and Mariners, Mat. Westm. An. 871, 873 983, 991, 994 &c. Simeon Dunelmensis Hist. de Gestis Regum Angliae p, 162, 163, 164, 166 169. to defend the Sea Coasts and Seas against the Invasions, Piracies of the Danes and other Enemies. The first Payment I find of any monies to the Danes by way of Composition, was in the year of our Lord 871. When Bernredus King of Mercians compounding friendly with them, Pecuniis Inducias impetravit, obtained a Truce with them for money, as Mathew Westminster records: After this Anno 873. Merciarum Gentes, dato munere, appeased those Pagans with a Gift. What the sum of Money [Page 73] or Gift was, is not expressed, nor how it was raised: nor yet upon whom: but the words imply, that it was done by common consent of the Nobles in a Generall Council, for their Common Preservation from Plunder (not imposed or raised by the Kings Prerogative without their free consents in a General Council or Parliamentary Assembly, for so it was assessed and levied in succeeding times.Math. Westm. Anno 983, 991, 994 1002, 1007, 1012. Simeon Dunelmensis Hist. col. 162, 163, 164, 168, 166 Anno Dom. 983. The Danes infesting all the Parts of the Realm, and the people not knowing where or how to resist them; DECRETƲM EST A VIRIS PRƲDENTIBƲS▪ It was decreed by the Wise-men, (no doubt in a Generall Councill assembled for that end, not by the Kings absolute Authority) that they should be overcome with Money, who could not be vanquished with the Sword. Wherefore they satisfied the Covetousnesse of the Danes with the payment of ten thousand pounds. Anno 991. A Tribute of 10000 l. was given them BY THE ADVICE OF SIRICIƲS, DUKE ETHELWARD AND OTHER NOBLES OF THE REALM, that they should cease their frequent Rapines, Burnings and Slaughters of men which they used about the Sea Coasts. Anno 994. King Aethelred CONSILIO PROCERƲM SƲORƲM, by the Counsell of his Nobles (no doubt in a Parliamentary Assembly) gave them a pension of 16000 l. collected of all England, that they should cease from the Rapines and Slaughters of innocent men: And Anno 1002. the same King HABITO CONCILIO CƲM REGNI SƲI PRIMATIBƲS, utile duxit, a Danis dextras accipere, &c. And CONSILIO PRIMATƲM SƲORƲM, by the Counsell of his Nobles (or Chief men) gave them 24000 l. and Anno 1007. CONSILIO PRIMATƲM SƲORƲM, BY THE COUNSEL OF HIS NOBLES. he gave them 30000 l. gathered out of all England, that they should desist from Rapines, and hold a firm Peace with him. Anno 1012. Duke Edric and ALL THE NOBLES OF ENGLAND OF BOTH ORDERS (to wit, the Lords Spirituall and Temporall) were assembled together at London before Easter (no doubt [Page 74] in a Great Council) and continued there so long till the Tribute promised to the Danes should be paid, which was 48000 l. All which is recorded in these expresse termes by Mathew Westminster, Florentius Wigorniensis and Simeon Dunelmensis in their Chronicles and Histories of these respective years; and by Polychronicon, Fabian, Holinshed, Grafton, Speed and other late Historians out of them. So as this Tax or Tribute paid to the Danes, was undoubtedly imposed and levied by common Consent in the Parliamentary Councils of those times, not by the Kings own Power and Prerogative alone. True it is, King Suanus the Dane having conquered most of the Land, exacted it from the people, and levied it perforce against their wills, for the payment of his Souldiers: But the Inhabitants of St. Edmonds-bury refused to pay it: Whereupon he threatned by force to spoile and destroy the Town; but in the midst of his Jollity and Nobles, he suddainly cryed out, that he was struck through by St. Edmond with a Sword, or Speare, no man seeing the hand that smote him: and so with great horrour and torment died three dayes after at The [...]ford: as Hoveden Annal. pars prior: Simeon Dunelmensis de Gestis Regum Angliae. Anno 1014. col. 170. Math. Westminster Anno 1014 p. 394. Ranulsus de Diceto, Abbreviationes Chronicorum col. 465. Johann. Brompton Chron. col. 892. Fabian part 6. c. 200 Polychronicon l. 6. c 16. Speed in his History l. 7 p. 420. with others relate. A memorable Punishment for this his illegal Exaction and Oppression.
As for the Tax of Danegeld imposed on the People, (to wit) 12 d. as some,Chron. Johan. Brompton col. 957. or 2 s, as others, to be annually paid out of every Hyde or Plowland throughout the Realm, (except the Lands of the Church, and some others exempted from it by special Charters) it was imposed by Authority and Acts of Generall Councils onely, (not by royall Prerogative) for Defence of the Kingdome by Land and Sea against the Danes, and other Enemies and Pirates, as is evident by the Lawes of King Edward the Confessor cap. 12. The Black Book of the Eschequer l. 1. c. 11. Sir Henry Spelman and William Sonmer their respective Glossarium: Tit. Danegeld▪ [Page 75] p; 200, 201. Mr. [...]elden his Mar [...] Cla [...]sum l▪ 2 as I have irrefragably proved at large in My Humble Remonstrance against the Illegal Tax of Ship-mony p, 19. to 25, to which I refer you for fuller satisfaction.
Anno 1051:Anno Dom. 1051. this unsupportable Tax of Dane [...]el [...] was [...]leased for ever to the People of England by King Edward the Confessor, [...] towards his oppressed People,Proposition [...] to wit, in the 38. year from the time that Suanus King of the Danes commanded it to be yearly paid to his Army, in the reign of King Ethelbert, Father to this King Edward: Which Abbot Ingulph in his History p: 897. Iohn Brompton in his Chronicle col. 938, 9 [...]3. Simeon Dun [...]lmensis De Gest. Reg: Angl: col: 184. Ailredus Abbas Rievalus de Vita & miraculis Edwardi Confess col: 383. Radulfus de Diceto Abbrev. Chron: col: 475 Henry de Knyghton de Eventibus Angl l, 1 c. 9. col: 2331. Mr: Selden in his Marc Clausum l, 2 Sir Henry Spelman in his G [...]ossary, Title D [...]eg [...]ld, and others thus relate in Ingulphus words. TRIBUTUM GRAVISSIMUM quod DANEGELD dicebatur, OMNI ANGLIAE IN PERPETUUM RELAXAVIT; & DE TAM FERA EXACTIONE NE IOTA UNƲM VOLVIT RETINERE: re [...]oring to the People all the mony then collected and brought into his Bed-chamber by his Officers, and there laid in heaps; upon which this most holy King (as some of these record) saw a Devil dancing and triumphing with over much Ioy: and calling it, HIS MONY, QUIA INJUSTE ADQUISITA EST DE SUBSTANTIA PAUPERUM; because it wasSee Mich. Leckm. Ser 83 & Sueni Ros [...]l [...] Tit. Pedagium. unjustly gotten out of the substance of the poor Subjects. (though by coulour of former Grants by common consent in Parliamentary Councils) upon which occasion this good King forthwith rest [...] red all that was collected, and perpetually released for the future this great and heavy Tribute (which had continued near fourty years) to the English-men for ever, so that after that day it was no more gathered; as Roger Hovedon Annal: pars prior. p, 447. Hygden in his Polychron: l, 6. c, 24. Capgrave, Surius, Ribadenicra, Holinshed in the life of Edward the Confessor [...]Math▪ Westm: Simeon Dun [...]lm [...]nsis, and Florent. Wigorniensis An: 1051. Grafton in his Chronicle p. 180. Speed in his History of Great Britain l, 8. c, 6 Sect 7, p, 419. Fabian in his Chron: part 6. c, 210 p, 282, with the other forementioned Authors joyntly attest.
By these four first Generall Taxes and publick charges thus imposed on the ancient Saxons and English, onely by common grant and consent in the great Parliamentary generall Councils of the Realm, both for the maintetenance of Gods Worship, Ministers, Religion, Learning and defence of the Realm against forraign Enemies and Invasions, the truth of the first fundamentall Proposition in the precedent Chapter, is abundantly confirmed, during all our Saxons Kings Reignes; which I shall confirm in subsequent Sections, by Presidents in all succeeding ages to this present: who never granted any Subsidies, Aids, Taxes, but by full consent in Parliament, and that in smal proportions (oneSee Mathew Paris in Henry 3 & Cookes 4 Justitutes c, 1. Rastal Taxes. Subsidy, or Escuage, or Fifteen, or Tenth at most, and no more, not endlesse Monthly Taxes, much lesse Excises coupled with them, as now, and many times refused to grant any Aid or Tax at all, as I shall prove at large in Henry the third his raign) and then not before all their Greivances first redressed and the Great Charter, and their violated Liberties first confirmed by new Grants, Oathes, Acts, Charters, Excommunications, not so much as [Page 76] thought upon now, after such unparalleld violations and subversions of them, which all our late endl [...]ss [...] Aegyptian Tax-masters of several kinds, even out of Parliaments, by their own usurped authority, without the oppressed peoples grants or consents in any [...]e [...]ll English Parliaments, may doe well to consider; and withall to peruse that notable Discourse of Gulielmus Peraldus, Bishop of Lions, De Virtutibus & Vitiis. Tom. 2. De Avaritia cap. 3. DE INJƲSTIS TALLiIS f. 4 [...], 45 Where he largely demonstrates See Alexand. Fabrit. Destr. Vitionem pars 4 c, 5. who is fuller than he herein. the greatness and odiousness of the sin of laying and levying unjust illegal Taxes on the people; proving, that besides the sin of RAPINE, there is PECCATƲM PRODITIONIS the sin of TREAS [...]N in it; to other with the sin of INGRATITUDE, and CONTEMPT OF GOD and ANGELS. And withal resolves; That if Rul [...], Souldiers shall impose or levy any unjust Taxes upon the People, or exact more from [...]hem [...] just wages, contrary to the Gospel precept, Luc. 3. 14. [...] PRODITORES, they are TRAYTORS: Spoliant enim filios De. [...] fidei [...] commendatos; for they spoil the people of God committed to their good f [...] and tuition, and use them no otherwise than if they were Enemies: and who knowes not that it is the Crime of TREASON, cum amicis inimicitias exercere; to exercise acts of enmity towards their freinds? and like the Devi [...] himself to render affliction and punishments to those, instead of protection and [...]ibution, who serve and pay them best. Quibus▪ dici potest quod secundum [...] DOMINATIO EORƲM DIABOLICA EST: as he there d [...]ermines, to rectifie the mistakes of those, who now think this kind of new Tax imposing Government, not Diabolical, but Angelical or Saint-like.
I now return to my former Chr [...]nolog [...]cal method and Collections, during all the reignes of our Saxon and Danish Kings, which I shall prosecute in the nex [...] Section, till the English supplantation by the Normans; of which John Brompton Abbot of [...]rual gives this reason (by way of divine ret [...]i [...]tion) which I desire all Sword-men and othe [...]s, who [...]epute Conquest, and th [...] longest Sword, a just and Saint-like Title to other Men [...] Lands, Poss [...]ssions, and all temporiz [...]ng Divines (who like Augustine the fi [...]st A [...]ch bishop of Canterbury, who converted the English to Christianity QUI PRAETEXTƲ FIDEI GEN [...]EM ADVENAM IN ALIE [...] CONFIR [...]AVIT IMPERIO UT SƲAM ET ROMANA [...] JURISDICTIONEM DILATARET, instead [...]f preaching, of pressing the Doctrine of RESTITUTION to them, for which he is justly taxed by Laeland & Antiqu. Eccles. Brit. p, 12. Math. Parker, as being longe, dissimilis Pa [...]a [...]o tunc Scotorum Apostolo, qui Constantinum eorum Regem (test. Polydoto) multis precibus hortatus est, ne gentem Saxo [...]um IMPIAM contra BRITANNOS CHRISTIANOS IƲVARET) seriously to ruminate upon Chron. Iohan. Brompton col. 883. Hoc autem Dei nutu factum esse constaet, ut [...]lum contra IMPROBOS ANGLOS postea IUSTO DEI IUDICIO tempore disposito adveniret. Nam SICƲT ANGLI quos DEUS, sceleribus suis exigentibus, disterminare proposuerat, BRITONES peccatis suis exigentibus, humiliaverant, & A TERRA ANGLIAE MINUS IUSTE FƲGAVERANT; SIC I [...]I DUPLICI PERSECUTIONE, prim [...] DAC [...]RUM saevienti [...], postea NORMANNORƲM superuenientium fortitudine GENTIBƲS EXTRANEIS SUBDERENTƲR, quod in sequentibus appareb [...].