Historical Vindication Part 2

SECTION I.

Concerning the Ancient Britons contests for their Liberties and Laws, against Tyrants, and Invaders of their Fundamental Government Rights, and of their great Councils till the Romans Couquest.

IT is agreed by all our Historians, that the Britons were the original known Inhabitants of this Island, from whom it was styled Britain; but from what foreign 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 our ancient Historians, and the whole famous Parliament held at Lincoln, Anno 28 E. 1. (in the learned Letter therein compiled and agreed to be sent by the King to Pope Boniface, to prove the subjection and homage of the Kingdom and Kings of Scotland from time to time to the Kings of England Iure Dominii, as Supreme Lord's thereof, by Historical 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 days of Eli the Priest, under Brute their first King, who divided it at his death into three distinct parts and Kingdoms 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 Kingdom, according to the custom of the Trojans; 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 Kingdom and Monarchical Government by Kings, was the original Fundamental Government settled in this Island by Brute; and that as well in those parts thereof since called Scotland and Wales, as England, which all our Historians, asserting this original of the Britons unanimously attest, with that answer which Diana gave unto Brute before his arrival 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 authentic testimony of 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.

The very first act that made their first King Brute most famous before his arrival in Britain, was his delivering of 7000 Trojans, his native Countrymen (with their wives and children) from their Servitude and Bondage under King Pandrasus and the Grecians, whom he vanquished and took Prisoner in Battle, and thereby restored them to their lost Liberty. After which Victory, Brute major •• na • u convocavit, assembling the Elders of the People (in nature of a Parliament) demanded their advice, what he should do with Pandrasus, and what things and conditions he should for their benefit demand of him, which he would willingly grant being in their power. Whereupon some advised him to demand a part of his Kingdom for them freely to inhabit: others counseled, 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 Realm, in case he refused to grant their demands. At last Mempritius, a great Counselor 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, seems a wickedness unto me, seeing it is lawful 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 ourselves to some other Country, because we can never hope to live peaceablely there, seeing the Children and Nephews of those which we have newly slain in these Wars, would meditate revenge. To the which, Tota Multi • udo acquievit, all the Multitude assented; and Pandrasus to save his life and gain his enlargement, willingly condescended to, furnishing them with Ships and Provisions. With which Brute and all his associates arriving at Totnes in Albion, seating themselves there, Brute from his name styled this Island Britain, and his Companions Britons, destroying those few Giants 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 War to shake off Slavery, and recover public Liberty.

2. A kind of General Parliamentary Council summoned by Brute, of all the Elders of the Britons, to advise of Peace, War, and of their common safety and affairs.

3. A resolution against killing even a Tyrannicall oppressing King, taken in the field in Battle, out of Covetousness to enjoy his Crown and Dominions, as a most wicked act.

4. A settling of an hereditary Kingly Government in this Isle upon the very first plantation of the Britons in it.

5. Laws made and given to the people, whereby they might live peaceably without injury or oppression.

This Kingdom descended in lineal succession from Brute and his Posterity, to Leir Son of King Bladud, who reigning 60. years, and having only three Daughters, Consilio procerum Regni, by the Counsel of the Nobles of the Realm (assembled in Parliament) gave two of his Daughters in marriage to the Dukes of Cornwall and Albania, with one Moiety only of the Island 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 civil discord arising a long time, the Kingdom thereby was subjected to five several Kings, who infested one another with mutual slaughters, till Dunwallo Molmutius succeeding his Father Clotho King of Cornwall in the Crown, slaying the usurping Kings of Loegria, Wales and Albania, reigned alone over them (about the time of Nehemiah) After which he enacted certain Laws, called Molmutine Laws; which for many ages after were very famous and generally observed among the Britons; yea used, commended by the Saxons and English, and inserted into Edward the Confessors Laws, being famous till William the Conquerors time. What these Laws were in particular, in relation to the Liberty and Property of the Subject, appears not; but the issue proves, that they tended to public peace, and preservation of the Subjects persons and estates from violence. For in his Reign after these Laws published (for confirmation whereof he built the Temple of Concord in Troynovant, where he was afterwards buried) Latronum mucrones cessabant, Raptorum saevitiae obturabantur, nec l • erat usquam qui violentiam alicui ingereret; The swords of thieves ceased, the cruelties of Plunderers and violent takers of men's 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 God's, and Cities, and the ways leading to them, and the Ploughs of Husbandmen should enjoy the privileges 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. years before our Savior's Nativity) his two Sons Brennus and Belinus, by consent divided his Kingdom between them; till Brennus the younger Son, aspiring after the Monarchy of the whole Island, was vanquished and expelled by his Brother into France. In which War Gurthlac King of Denmark, aiding Brennus, was taken Prisoner by Belinus, Qui convocavit omnes Regni proceres, &c. who called together all the Nobles of the Realm to York, consilio eorum tractaturus, to debate by their Council (in nature of a Parliament) what he should do with Gurthlac, who proffered to submit himself with his Kingdom of Denmark to him, to pay him an annual Tribute, and to ratify this agreement by his Oath, and sureties for his enlargement and ransom▪ 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 Island, Confirmed his Father Molmutines Laws, commanding upright and stable Justice to be done throughout the Land, and the ways to the Temples to be marked out in all places with stones, that they might not be ambiguous, being privileged 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 Battle, their Mother mediated a Peace between them, whereupon they lovingly embraced each other: and going to Troinovant, inito concilio quid agerent; having there hold a Council 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 War and Peace, and Laws concluded and ratified in and by a Parliament of Nobles in this age.

King 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 Laws, hereafter mentioned. Though this Queen first invented this Law, no doubt it was ratified by public consent of the King her Husband, and the Nobles in their general Council in that age, else it could not have the force of a Law, by her bare penning of it. Gorbonius grandchild to Guithelin and Martia coming to the Crown by descent, governed his people most justly according to these forecited Laws, it being his continual custom, to give due honor to the God's 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 Lord's; and he enriched his Soldiers with gold and silver, so as none of them had need to do any injury or violence to any other.

Archigallo his Brother succeeding, degenerated from him in all his actions; for he endeavored every where, Nobiles quosque deprimere, to depress all that were Noble, and to advance ignoble persons, to take away rich men's goods and money 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 royal 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, embraced, kissed and brought him to his own royal 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 himself to be very sick, commanded every of them one by one, to come into his Bedchamber to visit him: which they thus doing, he threatened presently to cut off all their heads as they entered singly, unless they would consent to submit themselves again to Archigallo as their Sovereign; which they, through fear of death assenting to, he made an agreement between them, and then carrying him to York, 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, and administered right justice to his people.

Ennianus his Son (King after him) treating his Subjects ill, was deposed by them from the Throne of the Kingdom, 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.

Our Histories record, that about 54. years before our Savior's birth, Julius Caesar having conquered France, espying Britain from thence, having learned the name of the I will and Nation, sent messengers thence to Cassibelan King of Britain, exacting with threats an annual 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 blood. Whereupon Cassibelan returned this answer to him in writing.

Cassibelanus King of the Britons to Cajus Julius Caesar, Marvelous, 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, unless renouncing our Liberty we shall make subjection to him; and thereby undergo perpetual servitude; therefore Caesar thou hast demanded A shameful thing; seeing the vein of common Nobility flows 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 firm amity. This therefore should have been required of us, not servitude, because we have learned, rather to give this then to bear the yoke of Servitude. For we have been so much accustomed to enjoy Liberty, that we are altogether ignorant what it is to obey Servitude. Which Liberty if the God's themselves should endeavor 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 threatened, thou shall begin to come upon the Isle of Britain.

Hereupon C • sar preparing his Navy and Forces, arrived with his army at the mouth of Thames: the Britons though at civil wars among themselves before, upon this necessity, united themselves together to oppose the Romans, and communi consilio, (as Caesar himself and others write) by common advice and assent, (in a Parliament of that age) elected Cassibelan for their General, and committed the managing of the Wars to him: who gathering the whole strength of the Britons together consilium querens a Principibue Regni, as some, and a proceribus suis, as others record; taking council with the Princes of the Realm 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 Town, and so to repel them. Which advice they pursuing, opposed their landing, and forced the Romans that were landed to their ships, and compelled Caesar to return into France, as our British Historians assert, though Caesar in his Commentaries, to cover his dishonor, relates the contrary. The year following Caesar recruiting his Army landed again in Cornwall, and was repulsed by Cassibelan the second time with great loss. Whereupon Cassibelan joyful 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 public praises and Sacrifices to his God's, 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 quarrel 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, or talem sententiam quam proceres Regni judicarent subire, to undergo such a sentence and judgment as the Nobles and Peers of the Realm should pronounce, that Herelgas might net remain unrevenged, in case he were unjustly slain. Androgeus suspecting the Kings mind towards his Nephew, answered, Se • e suam curiam habere et in illa diffiniri debere, quicquid aliquis in homines suos clamaret: Si ergo rectitudinem Evelino decrevisset appetere, ipsum in urbe Troinovanto ex veterum tradition 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 custom of the Ancients. Upon this answer, they departing discontented one from another, Cassibelan threatened to invade and waste Androgeus his Country withfire and sword, unless 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 endeavored to disinherit him of his Country by whose means he had inherited his own, and gotten the victory over the Romans) promised to join 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 days 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 Sovereign, though he had done him so much injury, repaired and used these memorable words to Caesar.

Behold thou hast sufficienily revenged thyself upon Cassibelan, and subjected Britain to thee by my assistance; Noluerunt dii omnipotentes nostri, ut Dominum meum morte turpissima condemnnari, aut vinculis patiar irretiri. Habeto igitur misericordiam de eo; Quia me vivente ipse periolitari non poterit, cui auxilium meum reddere non erubescam, nisi consilio meo parueris. For our omnipotent God's will not that I should suffer my Lord and King to be condemned to a most shameful 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, unless thou wilt obey my counsel. (O the memorable faith and Loyalty of this much oppressed, injured Noble Pagan Briton, to his Sovereign in his distresses, notwithstanding all his former injuries and oppressions, worthy all heroic Saints and true Christian Loyall English Subjects imitation, and shaming some strange extravagant contrary practices 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 mutual 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 ancient Britons, before and till the Roman Conquest, it is apparent;

1. That the ancient Fundamental Government of the Britons in this Island, was only an Hereditary Kingship and Dominion. And although, about Caesar's time, they had many petty Kings and Kingdoms, yet those Kings had the style, honor, power of Kings, within their respective Kingdoms, and were hereditary, as Tacitus, Dion, and others cited by Mr. Camden attest, as well as our British stories.

2. That the British Kings were obliged to govern their subjects justly, and righteously, according to the established Laws of those times, which secured their Liberties, Properties, Goods, Lives against all violence and arbitrary Tyranny, Rapines, Taxes.

3. That the Britons had their national Councils or Parliaments, consisting of their Kings, Princes and Nobles, wherein they consulted of all weighty affairs, concluded of War and Peace, and enacted and confirmed public Laws. And the rarity of these Common-Councils (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 Legal and proper Courts for trying all differences and malefactors according to their Laws and ancient Customs and trials by their Peers.

5. That they were very zealous careful and, courageous to defend their Liberties, Properties, Laws against all Tyrannicall oppressing Kings, Usurpatio • s and foreign Invaders, and to spend their lives in their defense, not enduring 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 Council, 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 Savior's Nativity 54. years.

SECTION II.

Concerning the Britons Contests and Wars against Tyrants and foreign Invaders for their Liberties, Couutry, Laws, and their Great Councils (or Parliaments) from Caesar's Conquests, during the Romans Dominion, and until the Saxons supplanted them, and succeeded in their places.

AFter the death of Caesar and Cassibelan the Britons continuing for a time under the Government of their own hereditary Kings Tennancius the next succeeding King, though he was warlike, yet vigorem Justitiae colebat, he executed Justice vigorously. Kymbelinus his Son succeeding 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 Savior Christ was borne.

In the 22 year of our Savior's Nativity Guiderius succeeding his Father Kymbelinus, refused to render the accustomed tribute to the Romans, which none of his Ancestors from the time of Julius Caesar durst to refuse. Hereupon Anno Christi 44. the Emperor • laudius with a great Army invaded the Island, to conquer and reduce it under Tribute, who was encountered and routed by Guiderius at the first, but he being afterwards slain by the policy of Laelius Hamo, the Britons being likely to lose the field, Arviragus the slain Kings brother, putting on his Arms, encouraged the Britons so, that they forced the Romans to forsake the field. Claudius afterwards besieging Arviragus (who succeeded his brother) in Winchester, they fell to a treaty. Claudius proffered Arviragus, that he should marry his daughter, and hold the Kingdom 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 council about it) persuaded 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 council 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 battle fought with great loss on both sides, came to an agreement. After which Anno 63. Joseph of Arimathea with XI. more of Phillips Disciples arrived in Britain, and preached the Gospel 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 meekness, the King at their Petition, granted them the Isle of Glastonbury, then horrid and untilled, surrounded with woods, bushes and lakes, to inhabit. Which grant his two next successors Marius and Coillus, (who exercised Justice and Law, reverenced the Nobles of the Realm, and paid the Tribute to the Romans, because all the world was subject to them,) by his example confirmed; giving to each of them one hide of Land a piece (to this day called the 12. hides of Glastonbury) confirmed to the Abby of Glastonbury, afterwards by the Charters of many of our Christian Saxon Kings, ratified in their great Councils 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, bind not the Nation, or succeeding Kings. That matters of Peace and War were determined in Common-Councils and Parliaments in that age; That no public change in Religion or Customs could be made without the Kings and Nobles consents; and that the grant of the King of any Crown Lands without common consent in Parliament, bound not his successors, unless they specially confirmed them by their new Charters.

How many bloody Battails with various success 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 Caesar's time, for defense of their Native Liberties, Rights, Laws, 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 always 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, Laws, &c. recorded in these Authors; the later of them thus justly taxing the Romans Usurpation, Ambition, Covetousness, Rapines and Tyranny in these words; Robbers they be of the world, who having left no more land to spoil, now search also the Sea. If their enemies be rich, they covet their wealth; if poor, they seek to gain glory; to take away by main force, to kill and spoil, they falsely term Empire and Government: when they lay all wasie as a Wilderness, that they call Peace. That every man should hold his own children and blood most dear, nature hath ordained: and even those are pressed for Soldiers and carried away to serve as Slaves elsewhere; our substance they draw from us for Tribute; our Corn 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 reproachful indignities besides. Slaves yet, which be born to bondage, are bought and sold once for all, and afterwards fed and found at their own expenses. But Britain daily buyeth, daily feedeth, and is at daily 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-fellows, 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 Freedom, not for the Present but for ever, let us show straightways in the first joining, what manner of men, Caledonia reserved in store for herself, &c. It is not by their own virtue, 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 foreign Usurper, not out of any loyal affection, but out of fear and terror, weak links 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 General, and here is the Army; there are the Tributes, here be the metal mines, and other miseries inseparably following them that live under the subjection of others; which either to continue or endure forever, it lieth this day in this field. Wherefore as you are going to Battle, bear in your minds, both the Freedom of your Ancestors, and the Bondage of your Posterity. Upon which Speech they manfully sought with the Romans, preferring their Liberties before their lives.

About the year of Christ 50. the Romans extraordinarily oppressed the Britons under Claudius the Emperor. Laetus Decianus their Procurator, renewed the confiscation of their goods, which Claudius had pardoned. The Roman Colony at Camolodunum, thrust out the ancient Inhabitants, seating themselves in their possessions, without any other recompense but reproachful terms, calling them, their drudges, slaves and vassals, and the Temple there erected in honor of Claudius, was now become an eye-sore to them, as an Altar of their perpetual 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 Kingdom by the Roman Centurions, and his house by Slaves was seised on and spoiled as lawful booty, his wife Boadicia whipped, his Daughters deflowered, the chiefest persons of that Province dispossessed of their lawful 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 blood, and to a Procurator that sought their substance, whiles with a servile fear they yielded to please the meanest Soldier, as though the Heavens had framed them only for servitude, and the earth appointed to bear their injuries unrevenged; and meeting together in secret consultations, they ripped up their wrongs and oppressions, and aggravated them to the highest, saying, that no other good was to be looked for by their sufferance, but that more grievous burdens should be imposed upon them still, as men ready to bear all willingly, &c. That the Roman Soldiers from whose insatiable avarice and unbridled lust nothing was free, were but a handful in respect of the Britons: that if they would but endeavor to follow the prowess and valor of their Ancestors, and not be dismayed with the doubtful success 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 choosing Boadicea for their Leader, they suriously fell upon the insulting oppressing Romans, slew no less 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 witness well what Government they intend. Your wealth is consumed by their wasteful wantonness, your painful travels upholding their idleness, do seal the issues of our succeeding miseries, if not timely prevented by one joint endeavor. You that have known the Freedom of life will with me confess (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 immortal? Their slain carcasses sacrificed by us, tell us, they are no God's. But you will say, they are our Conquerors. Indeed overcome we are, but by ourselves, our own factions still giving way to their invasions. Our dissersions have been their only rising, and our designs been weakened 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, claims so different in the scale of Justice, that the God's themselves must needs redress. 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 poison, then to live under the Roman bondage and see her Country languish under their intolerable oppressions.

About the year of our Lord 179. (or rather 185.) Lucius King of Britain (who succeeded his Father Coillus by descent) being converted to the Christian faith with most of his Nobles and Subjects (the first Christian King and Kingdom in the world) petitioned Pope Eleutherius (as the marginal Authors testify) Ad Petitionem Regis, et procerum Regni Britannie (assembled no doubt in a general Council 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 Caesar's Laws we may always reject, but the Law of God in no wise. You have received of late through God's 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 God's grace, per consilium Regni vestri sum • egem, by the Council of your Realm take a Law, and by it through the patience of God govern your Realm of Britain; For you are God's 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 Gospel, As the hen gathereth the chickens under her wings; the Nations and people of the Realm are yours, which being divided you ought to congregrate into one, t • reduce to concord and peace, and to the faith and Law of Christ, and to the holy Church; to foster, maintain, protect, govern and always to defend from injurious and malicious persons and from enemies. Woe to the Realm whose King is a child, and whose Princes eat in the morning. I call not a King a child from his Nonage, but for his fol • y, iniquity and madness, according to the royal Prophet, Bloody and deceitful men shall not live out half their days, &c. A King is denominated from ruling, not from a Kingdom. Thou shalt be a King while thou rulest well: which unless 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 forever with him, whose Vicar you are in the Realm aforesaid.

This Epistle shows, that the power of making Laws was vested only at that time, in this Popes judgment, in the King and his great Council 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 God's Vicars upon earth, and to protect them from all violence, wrong and enemies. Matthew Parker Archbishop of Canterbury, thus comments on this Epistle: That in condendis legibus, in making Laws, the King needed not the Popes authority or assistance, having the books of the old and New Testament, out of which adhibito procerum consilio, by the Counsel of his Nobles, he might take holy Laws, without any error, being sufficiently supported with his own, not a foreign authority he being God's Vicar in his own Realm; and representing his power to his people. After which, this King (by advice and consent of his Princes and Nobles) built and endowed many Churches with Glebes and Lands, abundantly confirming them with Charters and Muniments, and likewise ordained, that Churches and Churchyards should be so free, that no Malefactor or other persons flying to them, should be arrested, or suffer any violence in them.

King Lucius dying without heir (Anno Dom. 201) thereupon discord arose amongst the Britons, which gave great advantage to the Romans; who thought at first they suffered the British Kings to reign under them, making them the instruments of their own and their people's slavery, by their compliance with the Romans; yet at last perceiving, that divers of th • se British Kings, to regain their own and their people's Liberties, did oft times rebel and raise up wars and seditions against them: Thereupon after King Lucius his death▪ to keep the Island in greater quietness and subjection under them, they made a decree, That none of the British blood or race should from thence forth be invested with royal dignity in the Isle; (as the principal means to keep them in perpetual slavery) and instead of one King, they placed over the Britons in every Province First, a Lieutenant with several Garrisons of horse and fo • t, who disarmed all the Natives they suspected, sucked the people's blood, and vexed them with Soldiers 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 perpetual exactions, extortions and reproachful 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 capital matters with great pomp and severity. So that the Roman Laws were now only in use and force amongst the Britons, which a learned Poet thus expresseth,

Cernitis ignotos Latia sub lege Britannos.

And withal they endeavored, 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 endeavored to shake off the Roman yoke, and restore their native Liberties, Laws, Government with the hazard of their lives, as our Historians largely relate.

About the year of Christ 286. Carausius a Briton, having gotten a Commission from Rome, to defend▪ the Sea coasts of Britain from the incursions of barbarous Nations, raising great forces under that pretext, promised the Brit • ns, That if they would choose him for their King, he would expel 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 joining battle with Carausius, slew him, and made a great slaughter of the Britons, because they revolted from the Roman republick, and subjected themselves to Carausius; who preferred their liberties before their lives. Alectus taking upon him the royal Diadem was soon after slain with most of his Roman Soldiers 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 married and begot upon her that famous Constantine the Great.

This Emperor Constantius Chlorus, coming into Britain to govern it about the year of Christ 302. finding the ill effects of others tyranny and rapine, shown himself very loving, gentle, affable and kind to the people, little regarding his private profit, but altogether reigning to enrich his subjects: and to that end would often say, (I would our late and present Tax-imposing Governors would remember it) That it was more behoovefull for the public, that the wealth of the Land should be dispersed into the Commons hands, then to lie locked up in Princes coffers (or in such a Common Treasury, as our new Projectors have provided for it by the 28, 29. Articles of their Ill-sounding instrument, after which they would have us henceforth dance.)

The Emperor Constantine the Great, his Son (borne and crowned both King and Emperor in Britain) amongst other good Laws, made these two memorable ones, for the relief of poor Christians injuriously banished, and deprived of their Lands, and Goods by Diocletian, Maximinian, Licinius and other persecuting Pagan Roman Emperors, about the year 313. wherein he restored the banished Christians to their native Countries, Lands and former dignities, as the Marginall Authors witness. Which Laws are recorded in Eusebius de vita Constantini, l. 2. c. 30, 31. The first of them, is entitled, A Law for free • ing (or relieving) banished men; to this effect. Therefore all those who being brought under the cruel sentences of Judges, at what time soever it befell them, have been compelled to change their Country by exile, because they neglected not what made for the honor 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 tranquility, may give thanks to God the setter free of all men. And those who having been deprived of their Goods, & oppressed with the loss of their Estates, have hitherto lived a most contemptible life, these being likewise restored to their former houses, families and goods, may cheerfully praise 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 wills, 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 environed with the raging waves of the Sea, being now freed from that bitter solitariness, 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 return, as a sudain and unexpected booty, and being freed from cares and troubles, they may hereafter live a life void of fear, under our Empire.

In the year of grace 376. Octavius King of the Britons dying without issue male; leaving one only daughter, there fell out a difference among the Britons, to whom they should marry her, with the Kingdom; at last in the year 379. Magnates Britannie, the Nobles of Britain, that they might obtain a firm Peace concluded (no doubt in a general Council) to send Ambassadors to Rome, to tender the Lady with the Crown to Maximian a Roman Senator, Son of Leolin a • Briton, Uncle to Constantine the Great; Geoffrey of Monmouth and his Epitomizer Ponticus Virunnius thus relate the story. That King Octavius being old and having one only Daughter, quesivit a consiliariis suis, demanded of his Counselors, whom they desired to advance to be King after his decease? Whereupon some of them advised, that he should bestow his daughter, together with the Realm, on some of the Noble Romans, to procure a firm peace. Others advised, that Conon his Nephew should be installed in the royal Throne of the Realm, and his Daughter with gold and silver married to some foreign 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 royal blood, to come into Britain to marry the Kings Daughter, and with her the Realm, whereby they should enjoy perpetual 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 find out such a person of honor, on whom he might bestow his Kingdom with his daughter, consiliumque a proccribus suis quesivit; and that he had demanded counsel 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 embracing the offer, came into Britain, and landed at Hampton, with a great train of Soldiers; the King suppofing them to be an Army of Enemies, commanded all the forces of the Kingdom to be assembled and march against them, under Conan; which Maximinian admiring at, and unable to resist them, sent Ambassadors 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 Battle, Caradoc Duke of Cornwall and the rest of the Nobles dissuaded 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 Kingdom to Maximinian.

By which it is apparent, that the King without consent of his Nobles in Parliament, could not dispose of his Daughter nd • heir to the Crown, nor of his Kingdom to another; That the Nobles in that age, were the Kings great Council and Parliament of the Nation, and that the major part of them swayed all businesses, in their Councils by the majority of voices: the ends for which I relate it.

In the year 390. Maximus the Tyrant King of Britain, invading Armoric • in France, carried such a multitude of Soldiers with him out of Britain, that he left almost all Britain empty of Soldiers and Forces to defend it, carrying all the Soldiers and Warlike young men with him, leaving none but unmanly and country people behind 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 Soldiers out of Britain to garrison the Towns, and the next year he sent for eleven thousand Virgins, and sixty thousand other persons, to be transported into little Britain; whereby old Britain was almost quite dispeopled, and left destitute of all defense. 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 expel 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 walls and Fortifications to resist their invasions, returned back again by reason of other Wars: 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 Wars withdrew all their Soldiers out of Britain, leaving the Britons destitute, like so many sheep without a Shepherd, exposed to the Wolvish cruelty and depredations of the Picts, Scots, Norwegians, Danes, who forced them to fly from their Cities and Houses into Woods, Mountains, Caves, Rocks, and there to hide themselves from their bloody fury. In this distress they sent Messengers to Rome with this short mournful relation of their lamentable condition. Agitio ter Consuli, Gemitus Britonum, salutem: Nos mare ad Barbaros, & Barbari ad mare propellunt: Inter haec autem duo funerum genera oriuntur, aut enim submergimur, aut jugulamur. The Messengers returning without any aid from Rome, which was denied them, and relating to their Country-men their sad repulse, the Britons taking counsel together, how to redeem themselves in this forlorn estate, withheld the payment of their ancient Tribute to the Romans, which they had a long time paid them: and sent Guithelin, Archbishop of London, to their Brethen in little Britain for aid; where being honorably received by King Androenus, he acquainted him with the cause of his coming, and the great miseries and distresses of his Countrymen, pressing him with many arguments, to go and receive the Kingdom 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 Kingdoms far remote. To which the King answered, I formerly would have accepted of this offer of the Kingdom 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 yoke of servitude; and who would not possess less elsewhere, with liberty, then enjoy the wealth of Britain under a yoke of bondage? Notwithstanding because my Grandfather and great Grandfather have enjoyed that Island, I will deliver to you my Brother Constantine with 2000. Soldiers, which by God's permission will free the Country from enemies, and being there crowned King, shall possess the Kingdom with glory and honor. 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 of Britain, who is our defense, our hope, our joy, that he may restore the miserable Island to its pristine liberty. Constantine taking shipping arrived at Totnes with 2000. Soldiers, 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 valor of their new King. 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, (suborned by Vortigerne) as he was hunting, there arose a dissension among the Nobles, which of them should be made King; for Aurelius Ambrosius and Uther, 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 Consul of the Gewis • i, who aspired after the Crown with all his endeavor, going to Winchester, and taking Constance 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 affairs to Vortigerne alone who craftily committed all the Castles and Forts of the Realm to his own Soldiers, 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 persuaded the King to entertain 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 persuasion entertaining these Picts, Vortigerne so enriched 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 highly ingratiated himself in the favor 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. Soldiers. After which, departing as it were sorrowful 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 Monk, that Vortigerne may enjoy the throne of the Kingdom? Rising up therefore, being drunk, 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 sorrowful, brake forth into a weeping, that he might palliate the treason committed under the veil of tears. Then calling the Citizens of London together, he acquainted them what had happened, 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 equal to himself, he set the Crown of Britain on his own head and overwent all the Princes. He being thus advanced, the contagion of all wickedness began to increase: scurrilous wickedness, hatred of truth, contempt of God, wrangling, contention, riot, villainy grew outrageous; so as Vortigerne alone might seem to be a vessel of all wickedness, and that which is most contrary to royal honesty, Nobiles Deprimens, depressing the Nobles, and advancing ignoble persons both for manners and blood, he became odious to God and Men. Anno 447. When the iniquity and levity of mind of King Vortigerne was divulged to all Nations round about, 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, preys and rapines, they ground to powder the sinful Nation, because it favored this Usurpers royal 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, so as the living were not sufficient to bury the dead. The King therefore with the desolated people, tired 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 cries of the people, assembled a Council (or Parliament) to consult what they should do in this public distress, requiring the advice of his Nobles therein. 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 Huntingdon; 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 arms, and then fixed in no settled place; by which they conceived they should reap a double benefit: for being invincible in arms, they would easily repulse their enemies; and being unsettled, they would reckon it for a very great benefit if they might receive some barren squalid soil and cliffs to inhabit; and that they would never attempt anything against them, or their Country, because the memory of benefits would mollify the genuine fierceness of their manners. Which advice appears to be ordered by divine providence (write Matthew Westminster and others) that evil might come upon these evil Britons and their bloody Usurper. This Counsel being approved by all, they sent eminent men Ambassadors into Germany, who might worthily represent the person of their Country. The Germans hearing the business, which they of their own accords desired, requested from them with a thousand entreaties, presently sent over Hengist and Horsa with three Ships fraighted with Soldiers and Arms; Explentes petitionem Regis Senatusque. The King upon their arrival meets them, bestows rewards and the people large favors on them: then giving them their faith, they received the Isle of Tanoth to inhabit. This agreement likewise was made between them, That the English and Saxons with invincible labors 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 Realm, and then taking notice of the Kings and Britons idleness, lewdness, 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 beautiful maid but a Pagan) whom he married to Vortigerne, whereby he incurred the enmity of his Nobles and Sons, and thereupon favored 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 Guardians 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 Realm, 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, thereupon Magnates Britannie, the Nobles of Britain, Anno 454. deserting, and then depriving Vortigerne of his Royal Power, made his Son Vortimer King. Qui consiliis suorum in omnibus acquiescens, who following their Counsels in all things, began to expel 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 poisoned by Rowena his Mother in Law, Anno 460. cum quo simul spes & victoria Brtionum est extincta, & retro fluxerint. Such an incomparable loss is a good King to a Nation. Vortimer being thus poisoned, 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 disposal, to return or send away to 〈…〉 then as he should direct, desiring him to appoint 〈…〉 and place, 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 signal) upon which the Saxons drawing out their Knives, suddenly sl • w about 460 of the 〈◊〉 NOBLES, BARONS, and 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▪ Suffolk, and Norfolk, 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 Books 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 bloody Usurper (who first called them in, and under hand encouraged them against the Natives) Anno 464. sent Messengers into Little Britain to Aurelius Ambrosius and Ut • r Pendragon (then of full age, and right heirs to the Crown) to come speedily over to them, with what forces they could raise, to expel the Saxons, and the Usurper Vortigerne, and receive the Crown and Kingdom of Britain, of right belonging to them: Who thereupon arriving with great forces, Anno 466: the Britons repaired 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 mindful of the Treason done to his Father and Brother by Vortigerne, refused to do it, till he had first destroyed this bloody Traitor: Whereupon marching with his Army to Gen • rium a Castle in Wales, wherein Vortigerne was, he spake thus to his Captains. Consider most noble Captains, 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 yourselves on him, by whom all these things have come to pass, and after that turn your arms upon your Saxon Enemies. Presently upon these words, they endeavored 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 bloody Usurper being thus destroyed, this King and the Britons valiantly encountered 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 everywhere destroyed to the ground by the Saxons, Anno 468. sent for Work-men, and caused them to be new built, placed Preshyters and Clerks in them, restored divine Service to its due state, utterly destroyed the profane Temples and Idols of the Saxons, blotting out their memory from under heaven: Moreover, he studied and commanded to observe Justice and Peace to Churches and Church-men, conferring many Gifts on them, out of his Royal 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 Arms speedily to repair to him, and to endeavor 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 bloody battle Hengist was taken Prisoner by Duke Eldol (fore-mentioned) and his whole Army routed. The King upon this victory, coming to Gloucester, calling his Captains and Nobles together, commanded them to resolve, WHAT OUGHT TO BE DONE CONCERNING HENGIST? upon which Eldad Bishop of Gloucester, 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 pieces. O effeminate men, why do ye demure? Did not Samuel the Prophet, when he hewed the King of Amalek, taken in war, in pieces, say, As thou hast made many Mothers childless, so will I this day make thy Mother childless among women? So do ye 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 CONSULES ET PRINCIPES REGNI EBORACUM, 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 Cathedral 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 God's; with whom he made this agreement, that they should leave Kent, and those other places they possessed, and seat themselves in a Country near Scotland, which he gave them. Then going to Ambri, he caused great stones (there remaining to this day) to be set up as a Monument, for the Noble Britons there treacherously slain. Where he holding A COUNCIL WITH HIS BISHOPS, ABBOTS and OTHER NOBLES, was Crowned again on Whitsunday, and granted the Metropolitical Sea of York, then void, to Sampson; and that of the City of London to Dubritius, and likewise REGNUM DISPOSUIT, LEGESQUE RENOVAT; set the Kingdoms in order, and renewed the Laws. After this he and the Britons had many battles with the Saxons, to defend and recover their Country, Liberties, Laws; till at last he 〈◊〉 tr • yterously poisoned Anno 497. whose death the B • itons 〈◊〉 : cum quo simul MILITIA ET 〈◊〉 B •• TONUM EXPIRAVIT, as Matthew Westminster, and others write.

From this memorable Story of Vortigerne, Aurelius Ambrosius, and the Britons, and Saxons, these particulars are observable.

1. That the British Kings in those times, debated all their weighty affairs, and concluded all matters touching War, Peace, and the public defense 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 only or principle Members of the Great Councils of the Realm in those days, by whose advice all things were managed.

3. That Traitors to and Murderers of their lawful Sovereigns, usurping their Crowns, bring commonly great fearful Judgments on the whole Kingdom and Nation, in case they comply with them therein.

4. That Vortegernes Treason in murdering his Sovereigns, and usurping their Crown, was the occasion of, and punished with the long-lasting Wars with the Picts and Saxons; yea, the original cause of the great revolution of the Government, Kingdom and Country of Britain from the Britons to the Saxons.

5. That although a bloody usurping Traitor may reign and deprive the right heir of the Crown of his right for many years, yet his reign is usually full of wars, vexations, dangers, troubles, his end tragical, and the right heir called in and restored by the people themselves at last, as her • Aurelius Ambrosius was after 21, years usurpation of his right: and Joash in the seventh year of Athaliah 's usurpation. 2 Chron. 23.

6. That usurpers are apt to depress the Nobility, and oppress 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 public countenance to them to please all sides, to suppo •• u • just authority over them.

8. That it is very dangerous to call in foreign Forces upon any necessity into a Kingdom, as assistants, who commonly prove worse Enemies in conclusion, than those they are called in to 〈◊〉 .

9. That all Mercenary Guards and Soldiers (especially Foreigners) 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 chiefest Patrons of God's Ministers, Churches, Religion; and the death of such (then religious, just, valient) the greatest loss and misery that can befall a Nation.

11. That all Subjects are obliged to defend with their arms and lives, their Native Country and lawful Kings against Invaders and Usurpers.

12. That the worst of Kings and Usurpers, in cases of extreme danger, are enforced to all Common Councils, and to crave the advice and assistance of their Nobles (as Vortigerne did here) as well as the justest Kings.

Aurelius Ambrosius dying by poson, without Issue, Anno 497. Uther 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 UTHER CONSULES SUOS AT QUE PRINCIPES AD SEVOCARI, UT CONSILIO SUORUM TRACT ARET, QUALITER IN HOSTES IRRUPTIONEM FACERENT: Uther 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 encountering 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 PROCERIBUS 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 honor. 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 sickness, 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 General of his Forces. Hereupon King Uther 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 OMNIBUS REGNI SUI MAGNATIBUS, calling together all the Nobles of his Realm (in a General Parliamentary Council) 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 Kingdom against the Enemies, who scorned to fight with him being sick in his Litter, and at last forcing them to fight, after many bloody encounters, utterly routed their forces, and slew Octa and Osa their Generals.

Anno 516. The Saxons treacherously poisoning this Noble King, the Bishops, Clergy and People of the Realm assembling together, buried him honourably at Ambri, within the Choir of Giants. The funeral being ended, Dubricus, the Arch-Bishop, SOCIATIS SIBI EPISCOPIS ET MAGNATIBUS, associting the Bishops and Nobles to him, magnificently advanced his Son Arthur (a youth but sixteen years old) to be King; to which Solemnity, CONVENERUNT 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 several Battles; afterwards (if we believe our British Fables, as Malmesbury stiles them) conquered all France, and keeping his Court at Paris, CONVOCATIS CLERO ET POPULO STATUM REGNI PACE ET LEGE CONFIRMAVIT. Whence returning into Britain in triumph, about the year 536 Pentecost aproaching, he resolved to keep that Solemnity at Caer- • eon, and there to be new Crowned. Whereupon he sent Messengers into all the Kingdoms and Countries subject to him, inviting▪ ALL THE KINGS, DUKES. and NOBLES SUBJECT TO HIM, TO COME TOGETHER TO THAT SOLEMNITY, that he might ren • e a most firm Peace between them. Whereupon no less than thirteen Kings, three Arch-Bishops, with sundry PRINCES, DUKES. CONSULS, EARLES and NOBLES there assembled, whose names you may read at large in Geoffrey 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 frowardness of thy Tyranny, a • d the Inj • ry thou hast done to Rome, that going out of thyself, 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 Gaius Julius and other Roman Emperors have enjoyed it for a long time, neglecting the command of so great an Order. Thou hast taken away from them the Province of the Swiss, 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 heaps 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 Lord's, thou mayest submit to that sentence, which their Justice shall pronounce. But if thou refusest, I myself will come in person into thy Quarters, and will endeavor to restore by the Sword, what ever thy frenzy hath taken away from the Republic. This Letter being read in the presence of all the Kings and Nobles present, King Arthur went apart with them, to consult concerning this business: where craving their unanimous advise and sense conce • ning these Mandates; He said: That he thought the inquietation of Lucius was not much to be feared, since ex irrationabile causa, from an unreasonable cause he exacted the Tribute, which he desired to have out of Britain: For he saith, that it ought to be given to him, because it was paid to Julius Caesar, and the rest of his Successors, who invited by the divisions of the old Britons, arrived with an Army in Britain, and BY FORCE and VIOLENCE SUBJECTED THE COUNTRY TO THEIR POWER, SHAKEN WITH DOMESTICK COMMOTIONS. Now because they obtained it is in this manner; Vectigal ex ea INIUSTE RECEPERUNT, They RECEIVED TRIBUTE CUT OF IT, unjustly. Nihil enimu od vi & violentia acquiritur, juste ab ullo prossidetur qui violentiam intulit. Irrationabilem ergo causam pretendit, qua nos jure sibi tributarios arbitratur, &c. FOR NOTHING WHICH IS ACQUIRED BY FORCE and VIOLENCE, IS JUSTLY POSSESSED BY ANY MAN WHO HATH OFFERED THE VIOLENCE; Therefore he pretends AN UNREASONABLE CAUSE, whereby he supposeth us of right to he Tributaries to him, Now because he presumes to exact from us, id quod injustum est, THAT WHICH IS UNJUST, by the same reason let us demand Tribute of Rome from him, and he which shall become strongest, let him carry away that he desires to have. For if because Julius Caesar, and the rest of the Roman Emperors, have in times past subdued Britain, he determines, that Tribute ought now to be rendered 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 son of Helen and Maximianus, both of them my near Kinsmen, both of them Kings of Britain, one after the other, obtained the Throne of the Roman Empire. Do ye think therefore, that Tribute is to be demanded by the Romans? Concerning France, or the Collateral Islands of the Ocean, I am not to answer to them, seeing they deserted their defense, 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 Emperors by the said Messengers, THAT HE WOULD BY NO MEANES RENDER THEM TRIBUTE, NEITHER WOULD HE SUBMIT HIMSELF TO THEIR JUDGEMENT CONCERNING IT, NOR REPAIR TO ROME; yea, that he demanded from them, that which they had decreed, by that their judgment, to demand from him. And hereupon (some say) he writ this Letter unto the Senate of Rome, in answer of theirs. Understand 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 Emperors, and that they had and held, I shall have and hold by God's grace. Whereupon Lucius Tiberius, by command of the Senate, raising great forces amongst the Eastern Kings to subdue Britain, was encountered 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, Soldiers, that Titles and Tributes gotten by Force, Violence, Conquest, are both irrational, unjust and illegal; So it resolves, That the Matters of War, Peace and other great Affaires of the Realm, were determined in Parliament. That the Kings, Princes and Nobles were the only Parliaments and Parliament men of that age: That the Realm and Kings of England are neither tributary, nor subject, nor responsible to any Foreign Powers, Jurisdictions, or Courts whatsoever; and that no Tribute or Tax can justly be imposed on, or exacted from the Inhabitants of this Island, but by their own voluntary Grants and Consents, even by the Laws and Customs 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 Laws of King Edward before the Conquest, c. 35. in Mr. Lambards Archaion, fol 135, 136. and Sir Edward Cook his 7 Report; Calvin's Case, fol. 6, 7. That this most famous King Arthur first invented and enacted this Law, That all the Princes, Earls, 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 years last past.) You shall swear, that from this day forward, you shall be true and faithful to our Sovereign King Arthur, and HIS HEIRES, and truth and faith you shall bear to him of life, and member, and terrene honor; and you shall neither know nor hear of any ill or damage 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 Oaths of Fealty, Loyalty and Homage are very ancient, as our Histories manifest.

King Arthur being mortally wounded in the battle he fought with his Nephew Mordred (who usurped the Crown in his absence) Mordred being slain in the fight, Arthur despairing of life, gave the Crown of Britain to Constantine his Kinsman Anno Dom. 542. who, together with the rest of the British Kings, neglecting all Laws and Justice, warring against each other, and degenerating into Tyrants, Usurpers, Murderers, Perjurious Persons, Oppressors, and the like, declined daily in their power, the Saxons continually encroaching upon them in all parts, and about the year of our Lord 586. they were quite driven out of their Kingdoms, together with their British Subjects, by the Saxons into Wales, Cornwall, and Little Britain in France, and reduced to the extremity of all misery, as you may read at large in Gildas, de Excidio & Conquestu britanniae; and others out of him. Who thus describes the Tyrannies and vices of those times. Ungebantur 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 innocents: 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 seed arbitraturi sedentes, sed raro recti judicii regulam quaerentes; innexios humilesque despicientes, sanguinarios, superbos, parricidas, commanipulares (qui cum ipso nomine certatim delendi sunt) pro ut possunt efferentes; vinctos plures in carceribus habentes, quos dolo sui potius quam merito proterunt, catenis onerantes; inter Altaria jurando demorantes, & hoec eadem ac si lutulenta paulo post saxa despicientes. Cujus tanti nefandi piaculi non ignarus est immundae Leaenae D • mnoniae tyrannicus Catulus Constantine. Hoc anno post horrible juramenti Sacramentum (quo se devinxit nequaquam d • loss civibus, Deo primum j • requejurando, Sanctorum demum choris & Genetrice comitantibus frelis facturum) in duarum venerandis matrum finibus, Ecclesia earnalisque sub sancti Abbatis amphibalo, Latera regiorum tenerrima pucrorum, vel praecordia crudeliter duum totidemque nutritorum, inter ipsa, ut dixi, sacrosancta Altaria, nefando ense hastaque prodentibus laceravit, &c. Quid tu qu • que catule Leonine Aureli Canine agis? Nonne pacem Pa • riae mortiferum ceu serpentem odiens, CIVILIAQUE BELLA & CREBRAS INJUSTE PRAEDAS SITIENS animae tuae caelestes portas pacis ac refrigerii praecludis? Quid tu etiam insularis Draco, MULTORUM TYRANNORUM DEPULSOR TAM REGNO QUAM ETIAM VITA, snpradictorum novissime in nostro stylo prime in malo, major, multis potentia, simulque malitia, Largior in dando, profusior in peccato, robuste armis, sed animae forti • r excidiis, Maglocune, in tam vetusto scelerum a • ramento stolide volutaris? Quare tantas peccaminum regiae cervici sponte, ut ita dicam, ineluctabiles celsorum seu Montium innectis moles? Nonne in primis adolescentiae tuae annis avunculum Regem, cum fortissimis propemodum militibus acerrime ense, hasta, igni oppressisti? Parum cogitans propheticum dictum: Viri inquiens sanguinum & doli, non dimidiabunt dies suos. Quid pro hoc solo retributionis a justo judice sperares (& si non talia sequerentur, quae secuta sunt) itidem dicente per prophetam, Vae tibi qui praedaris, nonne & ipse praedaberis? & qui occidis, nonne & ipse occideris? & cum d • siveris praedari, tunc cades. These sins brought the ancient British Kings, with their Kingdoms and People to ruin. Legitur in Libro Gildoe Sapientissimi Britonum, Quod ijdem Britones, propter Avaritiam & rapinam Principum, propter iniquitatem & injuriam Judicum, propter desidiam praedicationis Episcoporum, propter luxuriam & malos mores populi Patriam perdiderunt, write Alcuinus and Malmesbury. The Lord grant they may not bring our Kingdoms and Nations to like ruin and desolation now.

How many bloody Wars and battles the Brotons, after they were driven out of their Country into the Welsh Mountains by the Sa • ons, fought with them for the defense of their Country, Rights, Liberties, under the conduct of valient Cad • in, who after twenty four years civil Dissention amongst the Britons, and so long an Inter-regnum, was by the UNANIMOUS CONSENT OF ALL THE PRINCES and NOBLES OF THE BRITONS ASSEMBLED TOGETHER (in a great Parliamentary Council) AT LEGECESTER ELECTED and MADE 〈◊〉 OF THE BRITONS; Which Nobles and Counselor, would not permit him to give way, that Edwin the Saxon, by his permission, should be crowned King of Northamberland: Aiebant enim CONTRA IUS VETERUMQUE TRADITIONEM ESSE, Insulam unius CORONAE DUOBUS CORONATIS SUBMITTI 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 lineal d • scent; by whose death, both the royal blond, with the Government of the Britons, and the very name of Britain itself expired; you may read at large in Geoffrey Monmouth, B • da, Gildas, Maelmesbury, Huntindon, Matthew Westminster, Fabian, Holinshed, Grafton, Speed and others, being over tedious to relate. The divisions and discords amongst the British Nobility, during Cadwalladers sickness, seconded with eleven years 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 foreign 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 rightful Inheritance; which they never since regained: after they had possessed it from Brute to Cadwallader, for two thousand seventy six years, under one hundred and two Kings, as John Brompton records in the beginning of his History, col. 725.

And this shall suffice concerning the Britons Contests and Wars for their Liberties, Laws, Government, Country, Religion, against the Romans, Saxons, and touching their Great Parliamentary Councils, & Proceedings in them, from Julius Caesar's 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 Gregory's conversion of the Pagan Saxons (who expelled the Britons) to the Christian Faith, conclude thus; Debuerat Gregorius admonuisse Saxons, GENTEM PERFIDAM, ut si sincere Christia • issim • m admittere vellent, BRITANNIAE IMPERIUM, QUOD CONTRA SACRAMENTUM MILITIAE PER TYRANNIDEM OCCUPAVERANT, IUSTIS DOMINIS AC POSSESSORIBUS RESTITUERENT. 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 Kingdom of Britain, which they had seised upon by Tyranny, against the Oath of their Militia, to the just Lord's and Possessors thereof; (a Doctrine fit to be pressed on others now by all our Ministers) which because they neglected to do, you may read what a divine retaliation their Postetity received from the Pagan Danes, in the ensuing Sections.

SECT. III.

Comprising some remarkable General Historical Collections; proving the limited Power and Prerogative of the first Saxons Kings of England, disabled to make any Laws, War, Peace, alienate their Crown Lands, impose any Taxes, Tributes in any Necessity, or kind whatsoever, but in and by common consent in the General 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 Judgments of God upon some Saxon Subjects, for their Perjury, Treachery, disloyalty, Rebellion against; expulsions, murders of their lawful Sovereigns, and unrighteous violent disinheriting the Christian Britons by the sword, of their Native Country.

THe British Kings and Britons, being for their Tyranny, Perjury, Treachery, Injustice and other sins related, reprehended by Gildas, driven out and dispossessed of their Royalty and Country by the Saxons they (about the year of our Lord 576.) divided it into seven Kingdoms, and set up seven Kings in several parts of the Island; who soon after waged civil Wars, and more than civil Wars one with another. These Kings all agreed, utterly to delete the name of Britain, and the memory of the Britons; Whereupon they by common consent ordained. That the Island should not be called Britain from Brute, but England. These Kings were at first elected by the Saxon Nobles and People, to reign over them, to govern the people of God, and TO MAINTAIN and DEFEND THEIR PERSONS and GOODS IN PEACE BY THE RULES OF RIGHT. And at the beginning (so soon as they turned Christians) they made their Kings to swear, that they should maintain the Christian faith with all their power, and GOVERN THEIR PEOPLE BY RIGHT, without respect to any person, and should be SUBJECT TO SUFFER RIGHT AS WELL AS OTHERS OF THE PEOPLE. And although the King ought not to have any Peer in his Land, for as much if he did wrong, or offended against any of his people, he, or any of his Commissioners, should not be both Judge and party, it behooved 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 Latin 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 Latin 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 Sovereign Power at all t • make, alter, or repeal Laws, impose Taxes, or alien their Crown Lands, but only by common consent in General Parliamentary Councils, much less 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 Legal trial, as these Subsequent Historical Collections will at large demonstrate.

That they had no Power nor Authority to make, alter or repeal any Laws, but only 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 Venerable Beda, concerning Ethelbert King of Kent, 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, CUM CONSILIO SAPIENTUM CONSTITUIT. Quae conscripta Anglorum sermon, hactenus habentur, & observantur ab ea. In quibus primitus posuit, qualiter id emendare deberet, qui aliquid rerum vel Episcopy, 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, TULIT, quibus bonis praemia decerneret, improbis per remedia meliora occurreret, NIHIL SUPER ALIQUO NEGOCIO INFUTURUM RELINQUENS AMBIGWM. 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 by 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, & hos ILLIC. quispiam injuria afficerit; duplex esto emendatio, & praeterea 50. Solidos Regi pendito. Let the forcers of Parliaments consider it.

To these I might subjoin, all the Ecclesiastical and Civil Laws, Canons, Constitutions of all our other Saxon Kings, before the Normans reign, recorded in Mr. Lambards Archaion, and scatteringly mentioned in Beda, Ingulfus, William of Malmesbury, Huntindon, Matthew Westminster, Florentius Wigorniensis, Brompt. Antiquitates Eccl. Britannicae, Mr. Seldens Titles of Honor, 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 Historical 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, could not alienate or transfer to any other uses (no not to endow Churches, support God's 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 Ethelbert, the first Christian Saxon King, to the Church of Peter and Paul in Canterbnry, Anno Dom. 605. Wherein the King, CUM CONSENSU venerabilis Augustini Archiepiscopi AC PRINCIPUM MEORUM; by the consent of Archbishop Augustine and his Princes, first gave and granted a parcel of Land, of his Right, in the East part of the City of Canterbury, to build a Church and Monastery to the honor 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 Cross, 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 Privileges to it, as a testimony of his gratitnde to God, for his conversion from the Error of false God's to the worship of the only 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 lawful for himself, nor for any of his Successors, Kings or Princes, or for any Secular or Ecclesiastical Dignity, to defraud the Church of any part thereof. And if any shall attempt to diminish or make void anything of this Donation, let him be at present separated from the holy Communion of the body and blood of Christ, and in the day of Judgment 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 Council 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 Thorn.

This truth is further abundantly confirmed by the 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 Privileges to the Church of Glastonbury, Anno 725. The Charter of King Offa of Lands and Privileges 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 Abbeys, Bishops and Churches, recorded in Ingulphus, Malmesbury, Spelman and 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 appears by the General Council of Kingston, Anno 838. Wherein the Manor of Mallings in Kent, which King Baldred had formerly given to Christ's Church in Canterbury, being afterwards revoked and substracted from it, because the Nobles offended with the King, would not ratify 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 ENTIBUS DEMUM MAGNATIBUS: the Nobles now at last consenting to it in this Council, which they refused formerly to do. A clear Evidence of the Noble-men's 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 OMNIBUS PUBLICIS VECTIGALIBUS, ONERIBUS, REGIIS EXACTIONIBUS, ET OPERIBUS, nisi in structionibus Arcium, vel Pontium, quae nunquam ull • s possint Laxari. From which notwithstanding King 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 public Tributes, Burdens, Regal Exactions and Services without common consent in Parliamentary Councils, so they could not impose any public 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 careful the Saxon Nobles and Subjects were from the first erection of their Kings and Kingdoms in England, to preserve their Privileges, Liberties, Properties, Laws, from the usurpations, Invasions, and arbitrary power of Tyrannical Kings or Usurpers, and how un • nimous, magnanimous they shown themselves in their just defense, will appear by these few Presidents of their Proceedings against their Tyrannicall Oppressing Kings, which I shall muster up together in their Chronologicall Order.

Anno Dom. 756. Sigebert King of the West-Saxons, growing insolent and proud by the Successes of his Predecessors in their Wars, became intolerable to his People, treating them very ill by all kind of means, LEGESQUE ANTECESSORUM SUORUM PROPTER COMMODUM SWM VEL DEPRAVARET, VEL MUTARET; endeavoring 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 Counselor Earl Cumbra, lovingly intimating to him, the complaints of all the people, persuaded 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 cruel to the people, augmented his Tyranny. Upon 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 years) expelled him out of the Kingdom, and elected and made Kenulphus (sprung from the blood royal) 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 adds 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 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. Unde Domini justitiae aeternae laus & gloria nunc & semper.

In the year of our Lord 758. the people of the Kingdom of Mercia rising up against their King Beornred, pro eo quod populum non EQUIS LEGIBUS, sed PER TYRANNIDEM GUBERNARET, 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 General, 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 Sovereign, 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 Edwin King of Mercia in the year 857. for his Misgovernment, 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 Monks 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 royal Dignity, and his Brother Edgar Elected King in his place, Deo dictante, & annuente populo, by the dictate of God himself and the people's consent, AB OMNI POPULO ELECTUS. as our Historians write.

By these Presidents, pretermitting others, it is apparent, that the ancient Saxons held their Kings Supremacy 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 Laws and Liberties; which was not only the ancient Divinity of those former times, as appears by Pope Eleutherius his forecited Letter to King Lucius, but the received Law amongst the Saxons, as is evident by the Laws of King Edward the Confessor, Lex 15. hereafter cited. The Law was the sole Umpire between these Kings and their people; which Law, as no Great man, nor any other in the whole Kingdom might violate or abolish, as Ive the great Saxon King confesseth in his Laws: So the Kings themselves were to submit thereto in all things, as well as their Subjects; Whence Aethelstan the Saxon King, in his Prologue to his Laws, made at the Great Council 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, QUAE JUSTE AC LIGITIME PARARE POSSITIS. Neque enim mihi ad vitae usum QUICQUAM INJUSTE ACQUIRI CUPIVERIM. Etenim cum ea ego vobis, LEGE VESTRA omnia benign 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 Privileges to the unjust murder and dest •• ction of their Kings, especially those of the Kingdom of Northumberland; to prevent which excess • s, in the famous Council of Calchuth Anno 787. held 〈…〉 of Northumberland, his Bishops and Nobles, and Of • . King of Mercians, and his Bishops and N • lles, there 〈…〉 memorable Laws and 〈◊〉 , both for the Security, Immunity of King and people, which they with all their Subjects assented to; and with all devotion of mind, to the uttermost possibility of their power, vowed through God's assistance to observe in every point.

Cap. XI. Of the Duty and Office of Kings: Undecimus Sermo fuit ad Reges & Principes, ut Regimen suum cum magna cautela & disciplina peragant, & cum Justitia judicent, ut scriptum est: 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 generally Hereditary not Elective) We decree, that in the Ordination of Kings, none may permit the assent of evil 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 Laws, a Bastard cannot be admitted to the Priesthood, so neither can he be able to be the Lord's anointed: and he who shall be born out of lawful Wedlock shall not be King of the whole Realm, and Heir of his Country: the Prophet saying; Know ye that the Lord ruleth in the Kingdom of men, and the Kingdom is his, and he will give it to whomsoever he will, Therefore we admonish all in general, that they would, with a unanimous voice and heart, entreat the Lord, that he who electeth him to the Kingdom, would himself give unto him the regiment of his holy discipline to govern his people. Likewise honor is to be rendered to them by all men; the Apostle saying; Honor the King: and in another place, Whether it be to the King as Supreme, or to Governors, as to those who are sent by him, for the punishment of Malefactors, but to the praise of them that do well. Likewise the Apostle, 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 whoever resisteth the power, resisteth the Ordinance of God, and those, who resist, acquire damnation to themselves. Let no man detract from the King: for Solomon saith: 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 voice, 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 LORD'S ANOINTED: and if any shall have adhered to such a Wickedness (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 Apostolical degree: and everyone, whosoever he be, who shall assent to such a Sacrilege, shall perish in the eternal bond of an Anathema, and being associated to JUDAS THE TRAITOR shall be burnt in sempiternal burnings, as it is written: Not only those who do such things, but those also who consent to such who do them, shall not escape the Judgment of God. For the two Eunuchs consenting to slay Ahasuerus, were hanged on a Gallows. Consider what David said to the Captains, when the Lord had said unto him, I will deliver Saul into thy hands; when he found him sleeping, and was exhorted by the Soldiers to slay him; Let this sin be far from me, that I should stretch forth my hand against the Lord's anointed. Yea, he cut off the head of that Soldier, who after his death came unto him, protesting that he had slain Saul; and it was reputed unto him for righteousness, and to his seed after him: And it is often proved among you by examples, that WHOEVER HAVE HAD A HAND IN 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 Laws (civil and sacred.)

Cap. 13. De Judiciis Justis ferendis. Let Great and Rich men execute just Judgments, neither let them accept the Person of the Rich, nor contemn the Poor, nor swerve from the rectitude of Judgment, or Law, nor receive gifts against the innocent, but judge in righteousness and truth; the Prophet saying, Judge justly ye sons of men: Also elsewhere, Thou shalt not do that which is unjust, nor judge unjustly: thou shalt not stand against the blood of thy neighbor. Likewise Isaiah Seek Judgment, relieve the Oppressed, judge the Fatherless, defend the Widow: then come and let us reason together, saith the Lord. Also elsewhere, Undoe every bond of iniquity, undo the heavy burdens, let those who are oppressed go free, and break every yoke. Then shall thy light break forth as the morning, and thy health shall spring forth speedily. The Lord saith in the Gospel, For with whatsoever judgment ye 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, Thou shalt not covet the thing which is thy Neighbors. Thou shalt not covet thy Neighbors wife, nor his house, nor his ox, nor his sheep, nor his field, nor anything that is his. For the Prophet threateneth, saying, Woe to you who join 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 ears, saith the Lord of Hosts. Again the Prophet crieth; Deliver the poor and needy, rid them out of the hand of the wicked. Remember what he deserveth, who shall offend one of these little ones: but whosoever shall receive one of these, receiveth Christ, from whom he shall deserve to hear in the day of Judgment; Come ye blessed, inherit the Kingdom prepared for you from the foundation of the world.

Cap. XIV. De cohibendis Fraud, RAPINIS ET TRIBUTIS ecclesiae INJUSTE IMPOSITIS. Let Fra • d, VIOLENCE AND RAPINE BE FEARED; AND NO UNJUST OR GREATER TRIBUTES IMPOSED ON THE CHURCHES OF GOD, then by the Roman Law and THE ANCIENT CUSTOMES OF FORMER EMPEROURS AND PRINCES HATH BEEN USED. He who desires to communicate with the holy Roman Church, and St. Peter the chief of the Apostles, let him study to keep himself free from this vice of VIOLENCE. So concord and unanimity shall be everywhere between Kings and Bishops, Ecclesiastics and Laics, and all Christian people: that there may be unity everywhere 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 continual Charity, as he himself hath said. By this shall all men know that ye are my Disciples, if you shall love one another.

These old established Saxon Laws 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, oppress or tax in any kind against their ancient Laws, Customs, Privileges; as likewise what Loyalty and Obedience the people owed to their Kings: which bounds when their Kings exceeded in an exorbitant manner, you have seen how they proceeded with them; and when the people exceeded them on the other hand against their Loyalty and Duties, they did not escape unpunished. Take but one memorable general president in this kind, in the Seditious, factious, rebellious Saxons of the Kingdom of Northumberland, who were infamous for their Insurrections and Rebellions against, and Expulsions and Murders of their Kings. William Malmesbury and Huntindow give us this Abbreviation of their Rebellions, Treasons, Regecides: Osulf son of Egbrick reigned one year, and was betrayed and slain by his Subjects; and made way for Mollo, who reigning diligently for two years, was compelled to lay down his Regality, and slain by Alred: who succeeding him, reigned eight years, 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 years, and then was driven out of his Kingdom, and forced to fly from the face of his Rebellious Dukes and Captains. Then Celwold (alias Alfwold) being cried up King, after ten years 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 years (taking severe vengeance against those Rebellious Dukes and others who first expelled and deposed him) and then was slain by his always most wicked people, being unable to avoid the fate of his Predecessors, Ardulf his Successor reigned twelve years, and then was chased out of his Realm by his rebellious Subjects: And Oswold after him, holding the Title of King only for twenty eight days, was forced to save his life by flight unto the King of Picts. After which the Northumbrians preoccupated with the madness of their folly, continued divers years without a King. For many Natives and Nobles, being offended with these Rebellions and Murders of their Kings, fled out of their Country, as fearing some heavy plague to befall it. Alcuinus, that Country-man (then in France with Charles the great) being ready to return to his Country with gifts to King Offa from Charles the Emperor, thought best to continue where he was, writing thus to Offa; That he knew not what to do amongst his Country men, amongst whom no man could be secure, or do any good in giving wholesome Counsel to them, their holy places being wasted by Pagans, their Altars defiled with perjuries, terra SANGUINE DOMINORUM ET PRINCIPUM FAEDATA, and their very land itself polluted with the blood of their Lord's and Princes; and the raining of blood then at York, in the Lent time, where their Religion first took its beginning in that Nation, presaged that blood should come from the Northern parts upon that BLOUDY LAND and Realm of Northumberland, almost brought to desolation for its intestine dissensions, blood-sheds and fallacious Oaths (which they violated to their Sovereigns.) The Emperor Charles himself, having prepared divers Presents and Letters to be sent by Alcuinus and others to King Offa, and King Æthelred, and the Bishops of their respective Realms, after his Presents and Letters delivered into the hands of the Messengers; hearing of the murder of King Æthelred, 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 far incensed against that NATION, which he called PERFIDIOUS, AND PERVERSE, AND MURDERERS OF THEIR KINGS, ESTIMATING THEM WORSE THAN PAGANS, that unless Alcuinus had interceded for them, he had presently substracted all the good he could from them, and have done them all the hurt that possibly he could devise.

Malmesbury records, that after Æthelred no man durst ascend to the Kingdom, whiles everyone feared (in particular) lest the chance of these foregoing Kings should befall himself, and would rather live safe in inglorious idleness, then reign pendulus in doubtful 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 years, THAT PROVINCE WAS EXPOSED TO THE DERISION AND PREY OF THEIR NEXT NEIGHBOURS; and the Barbarous Danes speedily in great Numbers, invaded, spoiled and possessed it all that time, slew most of their Nobility and people, till at last they were enforced to subject themselves to the power and pleasure of the West-Saxon Kings, to defend them from the Danes, who infested, invaded, and miserably slew, wasted, destroyed these Seditious, Treacherous King-deposing, King-murdering Northumberlanders Henry Huntindon and Matthew Westminster record, that the year before the Northumberlanders traitorously slew their King Æthelred, 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 Norway 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 Sovereign King Alfwold of Northumberland, worthily perished; the whole Nation being first almost quite consumed with civil Wars, and by these Pagan invaders, whose Plague was far more outrageous and cruel 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 spoil 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 rumors from all parts, struck such terror 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 encountered by new and greater swarms of these Pagan Destroyers. The cause of which sore Plague and Judgment he together with Matthew Westminster, thus express. In the Primitive Church of England Religion most brightly shined; but in process of time all virtue so withered and decayed in them, UT GENTEM NULLAM PRODITIONE ET NEQUITIA PAREM ESSE PERMITTERENT, that they permitted no Nation to be equal to them IN TREASON AND WICKEDNESSE; which most of all appears 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 PLUS. QUAM CIVILIA, ET SANGUINIS INNOCENCIUM EFFUSIO & causa dignissima caedis Innocentia. Nor anything reputed honorable, but more than civil Wars, and effusion of the blood of Innocents, and Innocency, reputed a cause most worthy of death. THEREFORE the Lord Almighty sent a most cruel Nation like swarms of Bees, who spared neither age nor sex; to wit, the Danes, with the Goths, 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 fruitful Land desolate for 230. years, destroying it from Sea to Sea, and from man to beast. Which sore and dreadful long continued Judgment of God upon the Land, for those crying sins 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 bloody Usurper Vortigenne, unless we seriously repent and speedily reform them. From these unparalleled prodigious Treasons, Insurrections, Regicides, Rebellions of these Northumberlanders, I conceive that infamous Proverb (used by Maximilian the Emperor, and frequent in Forraigne and other Writers) first arose touching the English: That the King of England was, REX DIABOLORUM, a King of Devils (not of men or Saints) SUBDICOS ENIM REGES EJICERE TRUCIDARE 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 domestic Presidents will hereafter instruct both Kings, Magistrates, Parliaments and people, to keep within those due bounds of Justice, Righteousness, Law, Equity, Loyalty, Piety, Conscience, Prudence and Christian Moderation, which the Laws 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, had no power nor prerogative in them to impose any public Taxes, Imposts, Tributes, or Payments whatsoever on their people without 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 public 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 swerve from my former Chronological Method, in reciting some subsequent Laws and confirmations relating to every of them, for brevity sake, out of their due order of time, and coupling them with the original Laws 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. Saxons autem pro viribus paulatim terram (Britanniae) bello capiscentes, captam obtinebant; obtentam, adificabant, adificatam LEGIBUS 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, Scholars, (long before we read of any Taxes imposed on them for the public Defense of the Nation by Land or Sea) all and every of which were granted, imposed only 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 civil or legal 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 CENSUS ECCLESIAE) in plain English, Churchets, or Church-Fees; in nature of First-Fruits and Tythes.

The first Law whereby these Churchets, Church-Fees, or First-Fruits were imposed on the people, and settled as an annual duty on the Ministers (paid only before that time as voluntary Free-will Offrings to the Ministers of the Gospel by devout and liberal Christians) was enacted by Ive, King of the west Saxons, in a Great Council 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 complete, reus sit IX. sol: & du • decuplareddat ipsum Cericsceatum. So one Copy renders it out of the Saxon: another thus, Cyricsceata: (idest PRIMITIAE SEMINUM) 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 subjoined, Cap 62 De Cyricsceatis. Primitias Seminum quisque ex eo dato domicilio, in quo ipse natali die Domini c • mmoratur. These Duties were afterwards enjoined to be paid by the Laws of King Adelstan Anno 928. c. 2. Volo ut Cyricsc • atha reddantur ad illum locum cuirecte pertinent, &c. By the Laws 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 Laws of King Edgar Anno 965. c. 2, 3. and the Laws of King Aethelred; made by him and his Wise-men apud Habam, about the year of Christ 1012. Cap. 4. DE CONSUETUDINIBUS sanctae Dei Ecclesiae reddendis. Praecipimus, ut OMNIS HOMO super dilectionem Dei & omnium sanctorum DET CYRISCEATTAM, ET RECTAM DECIMAM SUAM, sicut in DIEBUS ANTECESSORUM NOSTRORUM FECIT, quando melius fecit: hoc est, sicut aratrum peragrabit DECIMAM ACRAM: & omnis consuetudo reddatur super amicitiam Dei, ad Matrem Ecclesiam cui adjacet, ET NEMO AUFERAT DEO QUOD AD DEUM PERTINET, ET PRAEDECESSORES CONCESSERUNT. By which Laws it seems, 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 the Fathers, Councils, Writers of this and some former ages, being usually styled, 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. quickened the payment of them by this additional Law, increasing the first penalty by a superadded fine to the King. Cyricsceata (which the Latin Translation renders, Seminum primiciae) ad festum Divi Matini penduntor: Si quis dare distulerit, ease 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 rendered to our Bishops by their Tenants under the name of Cyricsceata or Churchets, in divers Manors, till they were lately voted down. This was the first kind of public Tax imposed on the people for the Maintenance of the Ministry: and that only by common grant and consent in Common Councils of that age; as were their annual Tributes for Lights, Parish Alms, and their Soul-shot or Mortuaries at every man's decease, first granted by common Consent in Parliamentary Councils, which I shall but name.

2. The second principle annual Charge or Tribute imposed on and paid by the people under the Saxon Kings, was Tythes of the annual increase of their Lands and Goods, for the maintenance of God's Worship, Ministers and Religion; which though due by God's 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 public consent and grant. Whereupon in the General Council of Calchuth (held in the year of our Lord 787) Cap. 17. Ut 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 careful to render Tithes of all things they possess, BECAUSE IT IS THE PECULIAR PORTION OF THE LORD GOD, &c. Which Law being read in that public 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, according to the uttermost of their power, bound themselves by vow, that by God's supernal assistance they would observe it in all things; ratifying it with the Sign of the Cross and Subscription of their Names thereto, according to the Custom of that age. After which it was read before King Offa in the Council of the Mer • ians and his Senators, Jambertus Arch-Bishop of Canterbury, and the rest of the Bishops of the Realm, with a loud voice, both in the Latin 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 God's 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 Cross and subscription of their Names thereto. It seems very probable by this Clause in the Laws of Edward the Confessor (confirmed by William the Conqueror) Cap. 9. Of Payment of Tithes of Cattle, Bees and other things; Ha • c enim beatus▪ Augustinus praedicavit, & docuit: Et haec CONCESSA SUNT A REGE, ET BARONIBUS, ET POPULO, 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 special 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 special 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 conjectural: yet made by common grant and assent of the King, and his Barons, and People, if there were any such.

After this Council of Calchuth, I find very many Laws confirming, continuing, establishing in all successions of ages, till this day, this charge and payment of Tythes (all made by Common Consent in General 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 refer the Reader to these Authors: All which Laws are clear Evidences of the first Propositions verity.

The third General ancient Saxon Tax and Charge occurring in our Histories, imposed on the People, was that of Rome-scot, 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 Scholars 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 Alms was first granted, for the maintenance of the English Scholars at Rome, and that by the UNANIMOUS antecedent and subsequent CONSENT, of Arch-Bishop Humbert and his Suffragans, ET PRIMATIBUIS SUS UNIVERSIS, 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 appears by Matthew Westminster, that this School was there first built and endowed with Peter-pence by King Ive 66. years 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 royal Stock, with the Bishops, Elders and Clergy-men might come to be instructed in the Catholic doctrine and faith, and so, being steadfastly confirmed in the faith, might return home again. For the Doctrine and Schools 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 Honor of the Virgin Mary, near to this School, where the English coming to Rome, might celebrate divine Mysteries, and be likewise buried if they died there. Then he adds, ET HAEC OMNIA UT PERPETUAE FIRMITATIS ROBUR OBTINERENT, STATUTUM EST GENERALI DECRETO (made in General Council of the Realm) PER TOTUM REGNUM OCCIDENTALIUM SAXONUM, in quo praedictus Ina regnabat, ut singulis annis de singulis familiis denarius unus qui anglice, ROME-SCOT appellatur, beato Petro, & Ecclesiae Romanae mitteretur, UT ANGLI IBIDEM COMMORANTES VITALE SUBSIDIUM INDE HABERENT. Which grant, Offa King of Mercians first enlarged and granted in his Kingdom (distinct from that of Ive) 66. years after this, as aforesaid. This Annual Contribution towards this Schools maintenance, was afterwards confirmed, and the due payment thereof prescribed, under penalties by the successive Laws of King Edgar, King Æthelred, Canutus, Edward the Confessor, and William the Conqueror, 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 virtue of which Laws 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 minds, 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 only by Common grant and Consent of the King, Nobles, People in General Councils and Parliaments, are a most pregnant proof of the first Proposition, and of the Peoples most ancient Original Fundamental Right of Property in their Goods and Estates, exempt from all Impositions and Tallages whatsoever, but only 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 only 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 Realms, impose the Payment of First Fruits and Tithes upon their Subjects, though due by the very Law of God, towards the Maintenance of God's Worship and Ministers, for the public good, instruction, salvation of all their Souls: nor yet the Payment of Peter-pence, for the Maintenance of Learning and Scholars, 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, Kingdoms Happiness, Government and Prosperity: much less then could they lay on them any other Tax, Tribute, Aid or Assessement whatsoever, of less necessity and concernment, for any inferior uses, or for Defense of the Realm by Land or Sea against Enemies or Rovers, by their own absolute Authority, but only by and with their voluntary Grants and Consents in General Parliamentary Councils of the Realm, as every rational man must acknowledge.

The fourth Public Tax or Imposition on the people in point of time, is that of Danegeld (the first Civil Tax we everread of) whereof there was two sorts. 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 Soldiers and Mariners, 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 Matthew Westminster records: After this Anno 873. Merciarum Gentes, dato munere, appeased those Pagans with a Gift. What the sum of Money 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 General 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. Anno Dom. 983. The Danes infesting all the Parts of the Realm, and the people not knowing where or how to resist them; DECRETUM EST A VIRIS PRUDENTIBUS▪ It was decreed by the Wise-men, (no doubt in a General Council 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 Covetousness of the Danes with the payment of ten thousand pounds. Anno 991. A Tribute of 10000 l. was given them BY THE ADVICE OF SIRICIUS, 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 PROCERUM SUORUM, by the Counsel 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 CUM REGNI SUI PRIMATIBUS, utile duxit, a Danis dextras accipere, &c. And CONSILIO PRIMATUM SUORUM, by the Counsel of his Nobles (or Chief men) gave them 24000 l. and Anno 1007. CONSILIO PRIMATUM SUORUM, 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 Lord's Spiritual and Temporal) were assembled together at London before Easter (no doubt 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 express terms by Matthew 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 Soldiers: But the Inhabitants of St. Edmond's-bury refused to pay it: Whereupon he threatened by force to spoil and destroy the Town; but in the midst of his Jollity and Nobles, he suddenly cried out, that he was struck through by St. Edmond with a Sword, or Spear, no man seeing the hand that smote him: and so with great horror and torment died three days after at The • ford: as Howden 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, 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 General Councils only, (not by royal Prerogative) for Defense of the Kingdom by Land and Sea against the Danes, and other Enemies and Pirates, as is evident by the Laws of King Edward the Confessor cap. 12. The Black Book of the Exchequer l. 1. c. 11. Sir Henry Spelman and William Sonmer their respective Glossarium: Tit. Danegeld▪ 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-money p, 19. to 25, to which I refer you for fuller satisfaction.

Anno 1051: this unsupportable Tax of Dane • el • was •• leased forever to the People of England by King Edward the Confessor, 〈…〉 towards his oppressed People, 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. John 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 PERPETWM RELAXAVIT; & DE TAM FERA EXACTIONE NE IOTA UNUM VOLVIT RETINERE: re • oring to the People all the money 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 Joy: and calling it, HIS MONY, QUIA INJUSTE ADQUISITA EST DE SUBSTANTIA PAUPERUM; because it was unjustly gotten out of the substance of the poor Subjects. (though by color 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 forty years) to the English-men forever, 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 jointly attest.

By these four first General Taxes and public charges thus imposed on the ancient Saxons and English, only by common grant and consent in the great Parliamentary general Councils of the Realm, both for the maintetenance of God's Worship, Ministers, Religion, Learning and defense of the Realm against foreign Enemies and Invasions, the truth of the first fundamental 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 small proportions (one Subsidy, or Escuage, or Fifteen, or Tenth at most, and no more, not endless Monthly Taxes, much less 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 reign) and then not before all their Greivances first redressed and the Great Charter, and their violated Liberties first confirmed by new Grants, Oaths, Acts, Charters, Excommunications, not so much as thought upon now, after such unparalleled violations and subversions of them, which all our late endl • ss • Egyptian Tax-masters of several kinds, even out of Parliaments, by their own usurped authority, without the oppressed people's grants or consents in any • e • ll English Parliaments, may do well to consider; and withal to peruse that notable Discourse of Gulielmus Peraldus, Bishop of Lions, De Virtutibus & Vitiis. Tom. 2. De Avaritia cap. 3. DE INJUSTIS TALLiIS f. 4 • , 45 Where he largely demonstrates 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 PECCATUM 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 ••• , Soldiers 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 knows not that it is the Crime of TREASON, cum amicis inimicitias exercere; to exercise acts of enmity towards their friends? 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 EORUM DIABOLICA EST: as he there d •• ermines, to rectify 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 reigns 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 oath • 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 PRAETEXTU FIDEI GEN • EM ADVENAM IN ALIE •• CONFIR • AVIT IMPERIO UT SUAM ET ROMANA • JURISDICTIONEM DILATARET, instead • f preaching, of pressing the Doctrine of RESTITUTION to them, for which he is justly taxed by Laeland & 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 IUVARET) seriously to ruminate upon Hoc autem Dei nutu factum esse constaet, ut ••… lum contra IMPROBOS ANGLOS postea IUSTO DEI IUDICIO tempore disposito adveniret. Nam SICUT ANGLI quos DEUS, sceleribus suis exigentibus, disterminare proposuerat, BRITONES peccatis suis exigentibus, humiliaverant, & A TERRA ANGLIAE MINUS IUSTE FUGAVERANT; SIC I •• I DUPLICI PERSECUTIONE, prim • DAC • RUM saevienti •• , postea NORMANNORUM superuenientium fortitudine GENTIBUS EXTRANEIS SUBDERENTUR, quod in sequentibus appareb •• .