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A Letter to a Member of Parliament, occasioned by a Letter to a Member of the House of Commons, concerning the Bishops lately in the Tower, and now under Suspension.   

An Historical ACCOUNT OF SOME THINGS Relating to the Nature of the English Government, AND THE CONCEPTIONS Which our Forefathers had of it.  
With some Inferences thence made for the satisfaction of those who scruple the Oath of Allegiance to KING WILLIAM and QUEEN MARY.  
LICENCED, Decemb. 19 1689.  
J. FRASER.  
LONDON, Printed for Awnsham Churchill at the Black Swan in Ave-Mary Lane. MDCXC.   

THE PREFACE.  
I Would not have the Reader think that I approve of every thing related in this Historical Account. That which I think myself concerned to make good is this,  
1. That what I do relate as History, is Historically true, or that it is delivered without fraud, or wilful perversion of the Authors cited.  
2. That what I lay as the Foundation of my Inferences is sufficiently confirmed by what I have delivered in this History.  
That may, perhaps, be useful for many other ends relating to our Late happy Change, but they are obvious in themselves, and were not chief designed by me, and therefore are not mentioned here.  
Farewell.   

THE CONTETNS.  

SECTION I. THAT from the Norman Conquest, to this present time, there was an Original Compact or Establishment of Laws, by which the Kings of England were to Govern, and the People to be governed. Page 1  
Sect. II. That they thought it absolutely necessary, that whosoever would be their King, should make this Compact with them, and be as much obliged by Oath to grant these Privileges to them, as they were to swear Allegiance to him. p. 6  
Sect. III. That when the ancient Laws of their Country were wholly violated, they constantly complained of the Injustice of the Action, required the observation of them; and when they could not prevail by fair means, they sought to recover their Right by Arms. Where an account is given of the Baron's Wars for the preserving of the Magna Charta, and the Charta de Forestis. p. 14  
Sect. IU. That we find throughout the History of our Kings, that their Election, or else their Compact with the People, hath generally been conceived a thing proper to strengthen their Title to the Crown, or at the least to satisfy their People, p. 35  
Sect. V. That we find mention in History of divers Acts of Parliament, or of the Nobles of the Kingdom, continuing the Name and Honour of a King to him, who, by their own confession, had not the immediate Title to the Kingdom, and only proclaiming him, who had the Right by Proximity of Blood, Heir Apparent to the Crown, p. 40  
Sect. VI The Inferences from the Resolutions of the best Casuists, to prove that the Oath of Allegiance, and of the Coronation, are reciprocal; and consequently that the obligation of the Oath of Allegiance doth cease, when the Original Compact is Fundamentally violated, p. 43    

AN HISTORICAL ACCOUNT OF THE ENGLISH GOVERNMENT.  

SECTION I. That from the Norman Conquest, to this present time, there was an Original Compact or Establishment of Laws, by which the Kings of England were to Govern, and the People to be governed.  
I Am apt to think it may be want of due consideration of the History, and Constitution of our Government, which makes some worthy Persons of the Clergy so stiff in their refusal of the Oath of Allegiance to King William, and Queen Mary. Now the great mischief which this unhappy Division may bring upon the Protestant Religion, both at home and abroad, and the vile Imputations which are cast on that great Body of the Clergy which hath taken this Oath, will justify our Endeavours to set this matter before them in the clearest light, and to let others know what hath been done by our Forefathers to secure their Laws and Liberties; what Compacts they made with their Kings; how uneasy they were under the Violation of them, and what Conceptions they had touching the Nature and Constitution of the English Government, and touching the Allegiance due to their Prince. Now in order to these things, let it be observed,  
First, 
Ubi Aldredus Archiepiscopus, Wulfunus Wigorniensis Episcopus, Clito, Eadgerus Comites, Eadwinus & Morcarus & de Lundoniâ quique Nobiliores, cum multis aliis ad eum venerant, & datis obsidibus illi deditionem fecerunt, fidelitatemque juraverunt, cum quibus & ipse foedus pepigit. Dunelm p. 195. Flor. Wig p. 635. R. Hou. F. 258.  That Florence of Worcester, Simeon of Durham, and R. Hoveden expressly say, That William, called the Conqueror, made a League, or Compact with the Arch-Bishops, Bishops, Earls, and Nobles of the Land, who met him at Beorcham.  
Secondly, That the aforesaid Authors, with John Brompton, 
Daniel p. 36.  declare, That as the Bishops and Barons of the Realm swore Fealty to him, 
Ipso Nativitatis die ab Aldredo Eboracensium Archiepiscopo in Westmonasterio consecratus est, honorificè prius, ut idem Archipraesul ab eo exigebat, ante Altare Sancti Petri-Apostoli, coram Clero & populo, jurejurando promittens se velle Dei Sanctas Ecclesias, & earum Rectores defendere, necnon & cunctum populum sibi subjectum justè, & Regali providentiâ verè regere, rectam legem statuere, & tenere, etc. Flor. Wigorn. p. 634, 635. Dunelm. p. 195. Hoved. F. 258. Chron. Joh. Brompt. p. 962.  so he reciprocally, being required so to do by the Archbishop of York, made his Personal Oath before the Altar of St. Peter to defend the Holy Church of God, and the Rectors of the same, to govern all the People subject to him justly, to establish equal Laws, and to seethem duly executed.  
And when new Commotions were made by the Nobility, and Clergy, upon their Submission, and Oath of Allegiance retaken, he himself takes his Personal Oath again before Archbishop Lanfranc, 
Daniel p. 37.  and the Lords, for the good of Peace, to observe the Ancient Laws of the Realm, 
Occurrerunt igitur Angli memorati, ubi post multas disceprationes, praesente Archiepiscopo Lanfranco, Rex, pro bono pacis, juravit, tactis Sacro-sanctis Evangeliis, bonas & approbatas antiquas Regni leges, quas Sancti & Pii Angliae Reges ejus Antècessores, & maximè Edvardus statuit, inviolabiliter observare, & sic pacificati ad propria laeti recesserunt. M. Paris in vitâ 23. Monach. p. 30.  established by his Predecessors the Kings of England; and especially of Edward the Confessor; and this so pacified the English, that they went joyfully to their own homes.  
Thirdly, Matthew of Westminster saith, 
Et sic revocatis multis Anglorum Nobilibus, foedere cautius cum omnibus confirmato, Eboracum, ubi fuit Danorum receptaculum, potenter cum ibi inventis, expugnavit. A. D. 1069.  That when the two Sons of Swain came into England to fight against it, the Conqueror recalling many of the English Nobles, made a League with them, and by their Aid he overcame the Danes. And that this League contained the Grant of their Rights and Liberties, or the Laws of their Country, is evident from what follows in the same Historian, viz. That the Conqueror being thus secured, in many things violated his promises, taking from the Churches, and Monasteries in which they lay the Charters, in which the Nobles of England. confided, 
Jam factus securior, in multis promissa violavit, Monasteria totius Angliae perscrutari fecit, & pecuniam simul cum Chartis, in quarum libertatibus Nobiles Angliae-confidebant, & quas Rex, in arcto positus, observaturum se juraverat, ab Ecclesiis, ubi in securo positae erant, auferri praecepit violenter. Ibid. p. 226.  and to which he had sworn when he was in straits.  
Fourthly, R. Hagulstadensis, S. Dunelmensis, R. Hoveden, M. Paris, Henry of Knyghton, and W. of Malmsbury inform us, That Henry the first granted to all the People the Laws of Edward, with the emendations which his Father had made of them, strengthening them with his own Oath, 
Legem R. Edvardi vobis reddo cum aliis emendationibus, quibus pater meus eas emendavit consilio Baronum suorum. R. Hagulst. p. 311. Dunelm. p. 225, 226. Hoved. par. 1. p. 268. M. Paris p. 38. Henr. de Knight. p. 2374. Malms. l. 5. F. 88 Hoc quoque praecipimus, ut omnes habeant, & teneant legem Edvardi Regis in omnibus rebus, adauctis iis quas constituimus ad utilitatem Anglorum. Apud Seld. Annot. ad Eadm. p. 192.  and the Oath of all his Nobles, that they might not be eluded; And W. Lambard citys this as one of the Laws of W. the Conqueror. This also we command, That all Men have, and keep the Law of King Edward, with the additions we have made to them for the benefit of the English Men.  
Fifthly, 
Postea ad preces communitatis Anglorum Rex adquievit, qui deprecati sunt quatenus permitteret sibi leges proprias, & consuetudines antiquas habere in quibus vixerant patres eorum, & ipsi in iis nati & nutriti sunt; sc. leges Sancti Edvardi, & ex illo die magna Authoritate veneratae, & per universum Regnum corroboratae, & conservatae sunt prae caeteris Regni legibus, leges R. Edvardi. Chron. Eccl. Lichfield apud Seld. ibid. p. 171.  The Chronicle of Lichfield doth inform us, That the whole Community of England sued to the Conqueror that he would permit them to have the proper Laws, and ancient Customs, in which their Fathers had lived, and under which they were born, and educated, viz. The Laws of St. Edward; And that the King consented to their Petition.  
Sixthly, 
Attuli mecum de Londoniis leges aequissimi R. Edvardi quas dominus meus Rex W. Authenticas esse, & perpetuas per totum Regnum Angliae inviolabiliter observandas, sub poenis gravissimis, proclamârat, & suis justitiariis commendârat, p. 88  Ingulphus his Secretary, saith, That he, under the severest penalties, proclaimed, that the Laws of King Edward should be perpetual, authentical, and be observed inviolably through the whole Kingdom of England, and as such he commended them to his Justices.  
Seventhly, R. Hoveden informs us, That he commanded the Laws of King Edward to be observed in all things: and that in the fourth year of his Reign, by the Counsel of his Barons, 
W. Rex, quarto Anno Regni sui, consilio Baronum suorum, fecit summoneri per universos consulatus Angliae, Anglos Nobiles, & Sapientes, & suâ lege eruditos, ut eorum & jura & consuetudines ab ipsis audiret. Electi igitur de singulis totius patriae comitatibus viri duodecim jurejurando confirmarunt primò ut, quoad possent, recto tramite, neque ad dextram neque ad sinistram partem divertentes, legum suarum consuerudinem & Sancita patefacerent. Hoved. par. post. F. 343.  he made the Noble and Wise Men of England to be summoned throughout all the Provinces of England, that he might hear from them, who were skilled in their Law, their Rights and Customs; and that twelve Men were chosen out of every County, who swore, to their power, to tread in a right Path, neither turning to the right hand or to the left, and to make known to him the custom, and the establishments of their Laws. And then he adds the very words contained in the Chronicle of Lichfield.  
Now all these things put together seem plainly to conclude an Original Compact or Establishment of Laws, by which the Kings of England were to govern, and the Kingdom to be governed; and the continuance, and renewal of that Establishment by our succeeding Kings, 
Hist. Nou. F. 186. A. 25 H. 8. c. 21.  such as Malmsbury styles our Patriae Leges, and the Statute of Henry the Eighth, the accustomed and ancient Laws of this Realm originally established.  
Add to this then that Rule of Grotius, 
Successio non est titulus Imperii, qui Imperio formam assignat, sed veteris continuatio, jus enim ab electione coeptum, familiae succedendo continuatur, quare quantum prima electio tribuit, tantum defert successio. De jure Bell & Pac. l. 1. c. 3. Sect. 10.  That Succession is not a Title of Empire which gives the form to it, but is only a continuation of the old Title. The Right begun by the Election of the Family, being continued by Succession. And thence, with him, we may reasonably infer, that Succession only brings down to Kings what the first Election gave, and makes them only Kings according to the Compact, and with the Conditions agreed on at the first admission of their Progenitors to the exercise of the Royal Authority.   

SECT. II. That they thought it absolutely necessary, that whosoever would be their King, should make this Compact with them, and be as much obliged by Oath to grant these Privileges to them, as they were to swear Allegiance to him.  
2dly. OUR Kings well knowing what a Reverence the Community had for their Laws, found no better means to gain, or to secure to themselves the Crown, and to pacify the discontented Parties, than by fair Promises, and Engagements to maintain, or grant to them their Laws. 
Cum Regni fastigia fratri suo Roberto praeriperet, coepit tam per se, quam per omnes quos poterat, fide, sacramentoque Lanfranco promittere justitiam, aequitatem & misericordiam se per totum Regnum, si Rex foret, observaturum, pacem, libertatem, securitatem Ecclesiarum contra omnes defensurum. p. 13.  Eadmerus informs us concerning W. Rufus, that desiring to forestall his elder Brother Robert in getting the Kingdom, he pawned his Faith and Oath, that if they would make him King, he would in all things observe Justice, Equity, and Mercy throughout his Kingdom, and defend the Peace, Liberty, and Security of the Church against all Men.  
When his Brother Robert was come into England to claim his right, and he had many of the Nobility who favoured him, and sided with him, W. Rufus calls the Normans, and English Nobility to London, & leges statuens, 
Pag. 642.  and there stablishing the Laws, he marched with them against his Brother, saith Florence of Worcester. He bond them to him, saith M. Paris, faciles leges promittendo, 
Pag. 10.  by promising them easy Laws; as those of King Edward were by them styled, and accounted. He sweetened them, saith John Brompton, 
Pag. 984.  by promising that he would establish meliores leges quas sibi vellent eligere, those more acceptable Laws which they would choose. Now those we know, by their request in his Father's days, were the Laws of Edward, and they with the emendations of his Father, were the Laws then established. These Promises he very little regarded after his agreement made with his Brother Robert; but falling sick, at the suggestion of his Barons, he again promised to God, saith Radulphus de Diceto, 
Pag. 490, 491.  Rectas leges statuere, to establish right Laws.  
Henry the first, his Successor, in the beginning of his Reign, saith 
* Ipfe in principio Regni sui leges justas & libertates populo dedit, chartâ consirmavit, sigillo corroboravit. p. 310.  R. Hagulstadensis, gave to the People their just Laws and Liberties, confirming them with his Charter, and his Seal. Dunelmensis, R. Hoveden, Florence of Worcester, W. of Malmesbury, M. Paris, and Henry of Knyghton say, that on the very day of his 
† Qui consecrationis suae: die— legem Regis Edvardi omnibus in common reddidit cum illis emendationibus quibus pater suus illam emendavit. Dunelm. p. 225, 226. Hoveden p: 1. F. 268. B. Flor. Wigorn. p. 650. W. Malmsbur. F. 88 M. Paris p. 38. H. de Knyghton p. 2374.  Consecration he granted to all his People the Laws of Edward, with the emendations which his Father had made of them. 
* Pag. 216. B. Chron. p. 997.  Henry of Huntingdon, and John Brompton say, that having promised a desirable melioration of the Laws and Customs, he was consecrated by Maurice Bishop of London. M. Paris saith most expressly, that 
† Henricus— congregato Londoniis clero Angliae, & populo universo, promisit emendationem legum quibus oppressa fuerat Anglia tempore patris sui, & fratris nuper defuncti, ut animos omnium in sui promotionem accenderet, & amorem, & ut illum susciperent in Regem & Patronum. Ad haec clero respondente, & Magnatibus cunctis, quod si animo volente ipsis vellet concedere, & chartâ suâ communire illas libertates & consuetudines antiquas quae floruerunt in Regno tempore Sancti Regis Edwardi, in ipsum consentirent, & in Regem unanimiter consecrarent. Henrico autem hoc libenter annuente, & se id facturum cum juramento affirmante, consecratus est in Regem apud Westmonasterium. p. 38.  Henry, having assembled the Clergy, and all the People of England, that he might dispose their minds to the love and the promotion of him, and the taking him for their King, and Patron, promised them the emendation of the Laws by which England had been oppressed in the time of his Brother, and that all the Clergy and Nobility answered, That if he would freely grant to them, and confirm by his Charter those Liberties, and ancient Customs which flourished in the time of King Edward, they would unanimously consent to receive him for their King; and that upon his Consent, and Oath to do so, he was created King at Westminster. And when his Brother Robert came to challenge the Crown as his by right of Succession, and the Concord made betwixt him and his Brother Rufus, to animate his Subjects to stand by him, he speaks thus to them, 
* Ego vero Rex humilis & pacificus vos in pace in antiquis vestris libertatibus prout crebrius jurejurando promisi gestio confovere— omnia videlicet quae sanctus Rex Edvardus, Deo inspirante, providè sancivit, inviolabiliter jubeo observari. Ibid. p. 42.  I your mild King am desirous to preserve you in your Ancient Liberties, as I have often promised upon Oath,— And command all things to be inviolably observed which holy King Edward, by the Inspiration of God, advisedly established.  
Steven succeeded him, and he, to get the Kingdom, 

Meliorationem legum promisit juxta voluntatem & arbitrium singulorum M. Paris p. 51. R. Hagulstad. p. 314, 315. Chron. Jo. Brompt. p. 1024.  
Bonas leges, & antiquas & justas consuetudines in Hundris & Placitis & aliis Causis observabo. Rich. Hagulstad. p. 314.  
Confirmavit Pacta quae Deo & populo atque Ecclesiae Sanctae in die Coronationis suae concesserat Matth. Paris p. 51.   promiseth a Melioration of their Laws according to their minds. Our Historians tell us, That on the day of his Coronation he made a Compact with his Church and People, which afterwards at Oxford he swore to observe. And one of the terms of this Compact was, That he would observe good Laws, and ancient and just Customs in Hundreds, and Pleas, and other Causes.  
Henry the Second follows him, at the beginning of his Reign, establishing Peace in his Kingdom, and commanding the Laws of Henry the First, 
Ipse pacem stabilivit in Regno, & leges Henr. Avi sui praecepit per totum Regnum suum inviolabiliter teneri. Hoved. par. 2. F. 281. B.  his Grandfather, to be inviolably observed throughout his Kingdom.  
Richard the first, succeeds him, and promiseth upon Oath at his Coronation these three things, viz. 1. That he would give Peace, Honour, 
Juravit quod ipse omnibus diebus vitae suae pacem, & honorem, & Reverentiam Deo, & Sanctae Ecclesiae, & ejus ordinatis portaret. 2o. Quod rectam justitiam, & aequitatem exerceret in populo sibi commisso. 3o. Quod malas leges & consuetudines perversas, si quae in Regno suo inductae sunt, deleret, & bonas leges conderet, & sine fraud & malo ingenio, eas custodiret. Hoveden. F. 374. A. M. Paris p. 108. Rad. de Diceto Imag. Hist. p. 647. Chron. Joh. Brompt. p. 1157.  and Reverence to God, and the Church, and her Clergy all the days of his life. 2ly, That he would exercise true Justice and Equity to the People committed to his Government. 3ly, That he would put away all evil Laws, and perverse Customs, which were introduced into his Kingdom, and would make good Laws, and maintain them without fraud and evil inclination. 
Conjuratus est ab Archiepiscopo ex parte Dei, & prohibitus ne hunc honorem acciperet, nisi in ment habeat Sacramenta tenere quae fecit; & ipse respondit se, per auxilium Dei, bona fide observaturum omnia supra dicta. Ibid.  Then the Archbishop of Canterbury conjures him by God not to take upon him this Honour, unless he uprightly intended to perform what he had sworn; and when he answered, That by the help of God he intended so to do, the Archbishop puts the Crown upon his Head.  
King John, at his entrance on the Government, took the same Oaths for substance which his predecessor Richard had done, swearing to preserve the Church and her Dignities from harm; to abolish unjust Laws, and to establish Good, and to exercise right Justice; and he was also by the Archbishop conjured not to take upon him the Kingly Honour, 

In coronatione suâ R. Johannes triplici involutus est Sacramento, viz. quod Sanctam Ecclesiam, & ejus ordinatos diligeret quod perversis legibus destructis, bonas constituerer, & rectam justitiam in Regno Angliae exerceret, deinde adjuratus est ab Archiepiscopo ex parte Dei, & districtè prohibitus ne honorem hunc accipere praesumeret nisi in ment habuit opere quod juraverat adimplere. Chron. Burton p. 256. R. Hoveden F. 450. M. Paris p. 138.  
Audistis quomodo ipse apud Wintoniam Regem absolvi, & ipsum jurare compulerim quod leges iniquas destrueret, & leges bonas, viz. leges Edvardi; revocaret, & in Regno faceret ab omnibus observari. M. Paris p. 166, 167.   unless he really intended to perform his Oath. When he was absolved from his Excommunication by the Archbishop at Winchester, he was by him compelled to swear, That he would destroy all unjust Laws, and would restore good Laws, viz. The Laws of King Edward, and cause them to be observed of all throughout his Kingdom.  
King Henry the Third was but nine years old when he succeeded King John, 
annal Mon. Burton p. 271, 276.  and in the ninth year of his Reign he granted to all his Clergy, his Nobles, and his People, his Magna Charta, and his Charter of the Liberties of the Forest; and by these Charters he confirms to them libertates & liberas consuetudines quas prius habuerant, the Liberties and free Customs which they had before. M. Paris saith, 
Pag. 274.  That he exacted the fifteenth part of the Movables, both of the Clergy, and of the Laity, and that they promised to grant them, si illi diu petitas Libertates concedere voluisset, 
Pag. 223.  provided he would give them the Liberties they had so long desired; And that accordingly he gave them these two Charters, which were the same that had been granted by King John. 
A. D. 1223. Speed p. 581.  The Barons requiring a confirmation of these Liberties from the King, William Briwere, one of the King's Council, answered, That the Liberties which they demanded were not to be observed, because they were violently extorted; the King replied, All of us have sworn to these Liberties, and that which we have sworn, all of us are bound to observe; and the truth is, at the conclusion of the Peace with Lewis the King, 
Speed p. 578.  the Legate, and Earl Marshal swore that the King should restore to the Barons, and others, all their Rights and Inheritances, with all the Liberties formerly demanded of his Father. 
Speed p. 583  And in the year 1225. the King again drawn with the desire of Money, grants those his Charters under his Seal, and Oaths were taken by Royal commandment to tie all Men to the observation of the said grants.  
Edward the first was declared King, and Successor of his Father when absent in Palestine, and returning into England, is Crowned in the Second year of his Reign, and in the Third calls a Parliament at Westminster, where he hears the complaints of the ill Government of the Realm, and the Church, and makes that wholesome Statute to relieve them which is called the first Statute of Westminster.  
At the Coronation of Edward the Second, the Earls and Barons of the Kingdom of England treated of the State of the Kingdom, requesting the Banishment of Peter of Gaveston from the Kingdom, and that Baronum suorum vellet consiliis tractare Regni negotia, 
Hypadygm. Neustr p. 500  he would transact the business of the Kingdom by the Councils of his Barons; which the King denying to grant, 
Rex noluit consentire, idcirco proposuerunt comites Coronationem Regiam impedire, quod Rex intelligens promisit bona fide se facturum illis in proximo Parliamento quicquid peterent, tantum ne Coronatio differatur. Walfingh. Hist. Angl. p. 96.  the Nobles endeavoured to hinder his Coronation; which the King understanding, promised faithfully, in the next Parliament, to do that which they desired.  
At the Coronation of Richard the Second, one of the Bishops makes an Oration to the People concerning the Constitution of the King and Kingdom, 
Tunc Episcopus Sermonem fecit de materiâ Regis, & Regni ad populum, qualiter Rex se haberet in populo, & in quibus populus sibi debuit obedire, quo completo juravit Rex, coram Archiepiscopo & proceribus, quod Ecclesiam suis permitteret gaudere libertatibus, & eam, & Ministros ejus honoratret. 2ᵒ. Ut leges terrae bonas ubique observari faceret, & praecipuè leges Sancti Edvardi. 3o. Ut non esset personarum acceptor, etc. quibus expletis Archiepiscopus convertit se ad omnes plagas Ecclesiae, indicans populo Regium juramentum, & quaerens si se tali principi, & Rectori subjicere, & ejus jussionibus obtemperare vellent; & responsum est à plebe— quod libenter sibi parere vellent. Walls. Hist. Angl. p. 195.  how the King should behave himself to them, and in what things they were to obey him: this being done, the King swears before the Archbishop and Nobles, that he would permit the Church to enjoy her Liberties, and would honour her and her Ministers. 2dly, That he would cause the good Laws of the Land to be observed every where, especially those of St. Edward. 3dly, That he would be no acceptor of Persons, but would exercise right Judgement between man and man, and especially would show Mercy. This being done, the Archbishop, the Marshal being present, turns himself to all the quarters of the Church, declaring to the People the King's Oath, and ask them, if they could subject themselves to such a Prince and Governor, and would obey his commands; to which they all answered, That they would willingly do it.  
Here than you see that William Rufus, Henry the First, and Steven, get the consent of the People by virtue of this promise to grant them their usual Laws, and ancient Customs, that Henry the First, Richard the First, and King John, and Richard the Second at their Coronation oblige themselves by Oath to grant them; And upon these Obligations the People, Nobles, Bishops, and Commons consent to own them as their King, that the Archbishops conjure R. the First, and K. John, not to take upon them the Crown, unless they uprightly intended to perform these Oaths; that all of them at the beginning of their Reigns by Oaths, or Promises oblige themselves to grant these Laws and Customs to the People, and that if any scrupled so to do, the Nobles thought it their concern to hinder his Coronation, till he had either made, or promised this engagement  
They therefore thought it absolutely necessary, that whosoever would be their King, should make this Compact with them, and be as much engaged by Oath to grant these Privileges to them, as they were to swear Allegiance to him, and commonly that this should be first done by their Kings before they would engage to be their Subjects. And then it must be as necessary that he who doth continue to be their King should continue to perform his Oaths, and grant these Privileges to his People.   

SECT. III. That when the ancient Laws of their Country were wholly violated, they constantly complained of the Injustice of the Action, required the observation of them; and when they could not prevail by fair means, they sought to recover their Right by Arms. Where an account is given of the Baron's Wars for the preserving of the Magna Charta, and the Charta de Forestis.  
FOR farther evidence of this matter, let it be considered,  
3dly, That when these Patriae Leges, these Ancicient Laws of their Country were violated, they constantly complained of the Injustice of the Action, required the observation of them; and when they could not prevail by fair means, they revolted from their Subjection, and sought to recover their Right by Arms. This they require of W. Rufus, when he was sick: And it was probably for neglect of these good Laws, that most of the Nobility, saith M. Paris, 
Page 10.  did una Rabie conspirare, conspire against him with one fury. For the same reason was it, that when Robert came against King Henry the First, a great part of the Navy went over to Robert, for this they did, saith M. Paris, quia Rex jam Tyrannizaverat, because the King was become a Tyrant, 
Page 40.  i. e. he governed not according to Law.  
When Steven Archbishop of Canterbury in the year 1213, 
Per quam, si volueritis, libertates diu amissas poteritis ad statum pristinum revocare. M. Paris p. 167.  had found the Charter of Henry the First, by which he granted to them the Law of King Edward, with those emendations which his Father, by the Counsel of the Barons, did ratify, he told the Nobles this was the Charter, by which, if they pleased, they might reduce their long lost Liberties into their former state; The Charter being read, they much rejoiced, 
A rchiepiscopus vero promisit eis fidelissimum auxilium suum pro posse suo, & sic confoederatione facta inter eos, colloquium solutum est. M. Paris ibid.  and swore, in the presence of the Archbishop, that when they could spy out a fit time, for those Liberties, if need required, they would spend their blood; the Archbishop, on the other side, promised to help them to the uttermost of his power, and so, having made a League among themselves, they dissolved the Assembly.  
When King John still neglected to observe these Laws, the Nobles come unto him, requiring him to confirm the Liberties and Laws of King Edward, and other Liberties granted to him, the Kingdom, 

Petierunt quasdam libertates, & leges R. Edvardi, cum aliis libertatibus sibi, & Regno. Angliae, & Ecclesiae Anglicanae concessis, confirmari. M. Paris p. 176.  
Capitula libertatum & legum quae ibi magnates confirmari quaerebant partim in Charta R. Henrici superius scripta sunt, partimque ex legibus R. Edvardi antiquitus excerpta— affirmantes quod, nisi Rex illas incontinenti concederet, & sigilli munimine confirmaret, ipsi per captionem castrorum suorum, terrarum, & possessionum, ipsum Regem compellerent, donec super praemissis satisfaceret competenter. M. Paris p. 176.   and the Church of England, they being leges Antiquae, & Regni consuetudines; the Ancient Laws and Customs of the Kingdom, contained partly in the Charter of Henry the First, and partly gathered out of the old Laws of King Edward, threatening that if he would not instantly grant them, and confirm them under his Seal, they would compel him so to do, by seizing on his Castles, Lands, and Possessions, till he gave them competent satisfaction in that matter. Then the Archbishop shown the King the Contents of that Charter; 
Quod nunquam tales libertates concederet unde ipse efficeretur servus, & quare cum istis iniquis exactionibus Barones non postulant Regnum. ibid.  and upon the King's answer, that he would never grant such Liberties by which he himself was made a servant; and that the Barons might as well ask the Kingdom, they betake themselves to War, and the Barons having got the City of London on their side, they writ Letters to all the Earls, Barons, and Knights who adhered to the King, exhorting them, with threats, that as they loved the Indemnity of all their Goods, Possessions, deserting the perjured King, they would adhere to them faithfully, and stand immovably with them, fight for the Liberties, 
Miserunt literas ad comites, Barones, & milites illos qui adhuc per Angliam Regi, licet fide, adhaerere videbantur, exhortantes eos, cum comminatione, ut, sicut omnium Rerum suarum & possessionum indemnitatem diligebant, Regem perjurum deserentes, & sibi fideliter adhaerentes, simul cum eis pro libertatibus, & pace Regni immobiles starent, & efficaciter decertarent. M. Paris p. 177.  and stand immovably with them, fight for the Liberties, and Peace of the Kingdom.  
Whereupon the King, finding that he was not able to resist the strength of the Barons, 
In ejus tempore fuerunt provisi Articuli M. Chartae ad communem profectum Regni. p. 2424.  without difficulty grants the Laws and Liberties they demanded, and confirmed them by his Charter. And thus it was, as Henry of Knyghton saith, that in his time were procured the Articles of Magna Charta to the common good of the Realm. And when the King, by the instigation of some Sons of Belial, was again persuaded to fly from his Oath and Promise, 
Quid faciemus de isto Rege iniquo, si sic dimiserimus illum, delebit nos, & populum nostrum, expedit igitur ut deleatur à solio Regni sui, nolumus enim de caetero eum regnare super nos. Henr. de Knight. de Event. Angl. p. 2423.  the Barons spoke thus to another, What shall we do with this wicked King? if we let him thus alone, he will destroy us, and our People; it is expedient therefore, that he should be expelled from the Throne, we will not have him any longer to Reign over us. And thereupon they send presently to Lewis the Son of the French King to come to their assistance, promising him the City of London, and their Allegiance to him. And though the Pope sent his Bull, by which he made void this Charter of the Liberties of the Kingdom of England, and writ a threatening Letter to the Barons of England upon that affair. Notwithstanding all his threats, noluerunt desistere ab incaeptis, 
M. Paris p. 186.  the Barons would not desist from their Undertake, but rising up still against him, they vehemently annoyed him, saying; concerning the Pope, that of the Prophet, Woe to him that justifies the wicked. And when the Pope proceeded to Excommunicate the Barons by name, and in particular, neither would the Barons observe, 
Pag. 192. Insurrexerunt in eum Magnates duplici necessitate coacti, eo quod noluit permittere leges Sancti Edwardi teneri, sed omnia fecit in suo velle, nec voluit legis formam obserware. Henr. de Knyghton p. 2418.  nor the Prelates publish the Excommunication. And what the judgement of the generality of this Nation was of the whole War, we may learn not only from the general engagement both of the Laity and Clergy in it, but also from our own Historians; for they inform us, That our Nobles were forced to make this War out of a double necessity, because he would not permit the Laws of St. Edward to be kept, as formerly they were wont to be, but did all things by his own will, nor would observe the form of the Law; but disinherited his Nobles without the judgement of their Peers.  
To this effect I find, according to the custom of those times, a long Rhyme in the Chronicle of Mailros, deploring the infelicity of this Affair, That the Body should attempt to rule the Head, and the People to be above their King; but adding, that there was a great and manifold necessity that it should be so, seeing the King perverted all the good Customs of the Kingdom, neither rightly managing Laws, Rights, or Subjects, but making that to be Justice which was agreeable to his own will, which moved them to swear they would not suffer this Tyranny of the King, and to require the Deposition of him, if he would not consent to the Reformation of the Law, and to resign the Homage they had made, till he would give them caution to preserve the Peace. And the same Annals say, the Barons only fought pro legibus pristinis restaurandis, for Restauration of their ancient Laws. And when the Earl of Pembroke made his Oration to the Assembled States in behalf of Henry the Third his Son, he gins it thus, 
* Speed p. 575.  Albeit the Father of this Prince, for his evil Demeaners, hath worthily undergone our Persecution— we ought of Duty and Conscience, to obey his Son.  

Ordinem praeposterum Anglia sancivit,  
Mirum dictu dicitur, tale quis audivit?  
Nam praesse capiti corpus concupivit;  
Regem suum regere populus quaesivit:  
Causa tamen multiplex illud exigebat,  
Nam Rex mores optimos Regni pervertebat,  
Jura, leges, subditos recte non regebat,  
Quicquid erat placitum summum jus credebat,  
Proprios Indigenas nimis deprimebat,  
Barbaros Rutarios illis praeponebat,  
Haeredes legitimos obsides perdebat,  
Quorum Adventitius terras possidebat,  
Regis ad colloquium Milites citati  
Cautè sibi praecavent, veniunt armati,  
Jurant unanimiter jam se nolle pati,  
Amplius Tyrannidem Regis tam ingrati.  
Die primo veniunt juri parituri:  
Rex venire distulit nolens stare juri,  
Diem ponit alterum temporis futuri:  
Nec venit, sed veniunt ipsi coacturi.  
Regis ergo postulant depositionem,  
Legis nisi faciat emendationem,  
Plenam & exhibeat certam cautionem  
Pacis ad perpetuam conservationem.  
Humagium quod fecerant reconsignaverunt,  
Et Barones Militum causam susceperunt;  
Leges tandem pristinas Regni sitientes,  
Sed in Regem mittere manus non volentes.  
Vide Reliqua p. 188.   
When Henry the Third made void the Charters of Liberties, and of the Forest, pretending they were granted whilst he was in duress, and had not the power of his Body, or of his Seal; the People presently begin to murmur, and the Barons siding with Richard Earl of Cornwall, the King's Brother, with threats request him to do right to his Brother, sharply denouncing to him, that he should without delay restore the Charters to him sealed which he had canceled at Oxford; 

In eodem Concilio fecit Rex cancellare, & cassare omnes Chartas in provinciis omnibus Angliae de libertatibus Forestae, hanc occasionem praetendens quod Chartae illae concessae fuerant, & libertates scriptae, & signatae, dum ipse erat in custodia, nec sui corporis, aut sigilli aliquam habuit potestatem. M. Paris p. 232.  
Sin autem, ipsi illum gladiis discurrentibus compellerent ut sibi super his satisfaceret competenter. M. Paris p. 233.   and if he did not, they would compel him by the Sword to make him competent satisfaction in these matters.  
A. D. 1233. the King invites over the Poictovins, and other Strangers, who, with the Bishop of Winton oppress the Nobles with all their power, and cause great discord and complaints; For judgements were committed, saith M. Paris, 
Judicia committuntur injustis, leges exlegibus, pax discordantibus, justitia injuriosis. p. 263.  to the unjust, the Laws to them who were Outlawed, Peace to those who were given to Discord, and Justice to the Injurious. These things so exasperate the Nobility, that they Combine for Defence of the public; and by Richard his Brother, and the Earl Marshal, humbly request of the King, that he would speedily correct these excesses which tended to the subversion of his Crown and Kingdom, 
Regem humiliter rogabat, ut tales excessus corrigere festinet, per quos Coronae suae, & Regni subversio imminebat, affirmabat insuper quod si hoc emendare diffugeret, ipse, & caeteri de Regno Magnates, tamdiu se ab ipsius consilio subtraherent, quamdiu alienigenarum consortio frueretur. M. Paris p. 264.  to the oppression of his natural People, and of their Laws and Liberties, and that if he would not reform them, they would withdraw themselves from his Counsel.  
Whereunto the Bishop of Winchester replies, That it was lawful for the King to call what strangers he listed about him for Defence of his Crown and Kingdom, thereby to compel his proud and rebellious Subjects to their Obedience; with which Answer they were so incensed, that they promised each other in this cause, 
Firmiter promiserunt ad invicem quod pro hac causa, quae omnes tangebat, usque ad divisionem corporis & animae viriliter decertarent. Matth. Paris ibid.  which concerned them all, they would spend their lives.  
Then the King Summons them to a Parliament at Oxford, to which they would not come, and after this to another at Westminster; they sending him this Message, That he should suddenly remove Peter Bishop of Winton, and his Poictovins; and that if he would not do this, they all, by the Common Counsel of the whole Kingdom, would expel him with his evil Counsellors out of the Kingdom, 
Sin autem nollet, ipsi omnes de communi consilio totius Regni ipsum, cum iniquis consiliariis suis, à Regno depellerent, & de novo Rege creando contrectarent. M. Paris. p. 265.  and consult about the creation of a new King.  
A. D. 1234. A Parliament is Assembled at Westminster, in which indeed the Bishop of Chester Excommunicates all them who were designing alium Regem creare, to create another King; 
M. Paris p. 271.  yet doth the Archbishop Elect, and his Suffragans roundly declare against the cruel and dangerous Practices of Peter Bishop of Winton, and Peter de Rivalis. First, Because they suggested, 
Vocantes eos proditores, & facientes omnes sic vocari— qui melior est homo terrae vestrae. p. 271.  that the English were Traitors, and alienated the King's heart from the Marshal, who was the best Man in the Land. So that, in their judgement, they that fought, and were then in Arms for their Laws and Liberties, were so far from being Traitors, that they were the best Men of the Nation. Secondly, That there was cause to fear the Ruin both of King and Kingdom, since they had got such an Ascendent over him, 
Timendum est tam de vobis, quam de Regno, cum videamini magis esse in eorum potestate, quam ipsi in vestra. Ibid.  that he seemed rather to be under their power, than they under his. Which also seems to have been the case betwixt King James and his Jesuits. Thirdly, That they confounded, and perverted the Law of the Land sworn to, and confirmed, and strenghned by Excommunication, and with that all Justice; by reason of which, and many other grievances, they humbly besought him to govern his People, according to the example of other Nations, by the sworn Natives of his Kingdom, declaring that if he did not correct these miscarriages in a little time, 

Item legem terrae juratam, & confirmatam atque per excommunicationem roboratam, pariter & justi●iam confundunt, & pervertunt. Ibid.  
Nisi, infra breve tempus, ista correxeritis, in vos, & in omnes alios contradictores, per censuram Ecclesiasticam procedemus. p. 272.   they would proceed by Ecclesiastical Censure both against his Counsellors and himself.  
Edmund Archbishop Elect of Canterbury, being soon after consecrated, comes to the King with his Bishops and Prelates, relates again the same grievances, declaring to him, That if he would not correct, and pacifically compose these things with his Liege People, he, with his Prelates, would denounce the Sentence of Excommunication against him and all the Enemies of this Concord. Upon which the King is, at last, prevailed with to remand the Bishop of Winton to his Cure, 
Denuntiavit etiam ipsi expresse quod, nisi Clericus errorem demitteret, & cum fidelibus Regni sui pacificè componeret, ipse— cum omnibus Praelatis qui aderant, in ipsum Regem sententiam ferret excommunicationis, & in omnes alios hujus pacis contradictores. Ibid.  to banish Peter de Rivalis from the Court, and the Poictovins from the Kingdom.  
One thing more is observable in this matter, that as the War of the Marshal was generally thought just, so the Marshal justifies himself to have been no Traitor, as being always ready to stand to the judgement of his Peers, and being exiled, and deprived of his Offices and Lands against Law, for which cause, saith he, I ceased to be the King's Liege Man, 
Unde homo suus non fui, sed ab ipsius Homagio non per me, sed per seipsum licenter absolvebar. p. 273.  and was absolved from my Homage not by myself, but by the King.  
A. D. 1237. A Parliament is held at London, in which the King requests, in regard of the great expense for his Sister's Marriage, the thirtieth part of all Movables both of the Clergy and the Laity. After great opposition made to this demand, and the recital of many supposed miscarriages, the King disavowing, and protesting against his former Revocation, and freely granting the inviolable observation of the Liberties, under pain of Excommunication, hath yielded to him the thirtieth part of all moveables. 
Spontanea promisit voluntate libertates M. Chartae suis fidelibus Regni sui ex tunc inviolabiliter observare, etc. Matth. Paris p. 298.   
In the year 1240. the Archbishops, Bishops, and many of the Nobles, assembled at London, grievously complain of divers Injuries, Oppressions, and Desolations which befell the Church by the evil Counsel of the King, violating his Charters, and his Oaths, after he had so often sworn that he would preserve the Ecclesiastical Rights inviolated, 
Reponentes querimoniam gravissimam coram Rege, in curia sua, super variis injuriis, & oppressionibus, & quotidianis desolationibus illatis Ecclesiae per iniquum Regis consilium, contra Chartas suas, & juramenta temere veniendo,— cum ipse Rex toties juraverat se jura Ecclesiastica illibata conservare, ipsomet audiente, & Candelam tenonte, quod omnes Episcopi in violatores libertatum Ecclesiasticarum simul sententiam fulminabant, in cujus sententiae consummatione, Rex, ut alii, suam Candelam extinxit inclinando. M. Paris p. 354.  and himself held a Candle when the Bishops in his hearing pronounced the Sentence of Excommunication against all the Violators of the Ecclesiastical Liberty, he then extinguishing his Candle with the rest.  
In the year 1242. the King requests farther Supplies of his Parliament held at Westminster for his intended expedition into France. 
Et praeterea concessit eis tunc quod omnes libertates contentae in M. Charta ex tunc in antea plenius tenerentur per totum Regnum suum, & inde fecit eis quandam parvam Chartam quam adhuc habent, in quâ eaedem continentur— & quia dominus Rex nunquam post tricesimam datam Chartam suam de libertatibus tenuit. Ibid. p. 394.  But they resolutely deny to give him any, for that, in order to the obtaining former grants of Money, he had promised and granted to them that all the Liberties contained in Magna Charta, should from thence be fully observed through the Kingdom, and had given them a little Charter in which they were contained; and yet, after all, he never was true to his word, but oppressed them still more.  
In the year 1244. he desires new Supplies, which for a time they refuse, pleading that the Charter of Liberties which the King had granted, 
Et quia Charta libertatum quas dominus Rex olim concesserat, & pro cujus conservatione Archiepiscopus Cant Edmundus juraverat, & fide-jusicrat, & certissime pro Rege promiserat, nondum existit observata. Matth. Paris p. 432.  and the Archbishop had upan Oath in the King's name promised to them, was not observed. Though at last, upon the King's faithful Promise to keep and observe the Liberties unto which he had sworn at his Coronation, and whereof he had granted his Charter, and upon the appointment of four Noble Men to be of the King's Council, who should be conservatores libertatum, Keepers of their Liberties, they grant him new Supplies; the King then promising himself to observe them, and requesting that for the defence of their Liberties, all the Bishops in their Dioceses should pronounce Sentence against him, and all who violated the said Liberties in any Article of them. 
Rex tam in propria persona, tum per internuntios solennes, promisit se libertates quas juraverat in Coronatione sua, super quibus Chartam fecerat, integerrime servaturum, ad quarum etiam tuitionem rogavit ut singuli Episcopi, in Dicecesibus suis sententiam ferrent in ipsum, & omnes qui contra memoratas libertates venirent in aliquo Articulo. M. Paris p. 435.  And thus they agreed to grant him a Supply.  
In the year 1252. he holds a Parliament at London, and requires more Money; and they, after some consultation answer, that though the King had much oppressed both Church and Kingdom, they would do their utmost to satisfy his desires, provided that, as he had often promised, he would now at last inviolably observe the Charter of their Liberties, so often covenanted and sworn to. Other things they demanded then, which the King would by no means agree to, swearing horribly, that whilst he lived 
* quantumcunque Ecclesiam Anglicanam, & Regnum suum Angliae oppreserit; & afflixerit quod postulat à nobis adhuc impendemus, & desiderio suo, pro posse, obsecundabimur, si, quodmultoties promisit, vellt Chartam toties pactam, totiesque debitam, Libertatum nobis juratarum inviolabiliter posthac observare. p. 568. Nunquam in talem mergeretur Servitutem. Ibid. p. 570.  he never would be reduced into such slavery: And so the Assembly breaks up, producing nothing but the King's Wrath.  
In the Year 1253. was assembled a very great Parliament, in which the Archbishop, and some Bishops, are sent to induce the King to permit H. Church to enjoy her Liberties, as he had oft promised upon Oath, and declaring, that if he would correct this, and other of his miscarriages, according to the Tenor of M. Charta, they would incline to his Petition, 
Quod si hunc, & alios errores, secundùm M. Chartae de Libertatibus confectae tenorem emendaret, ipsi, usque ad gravamen magnum, Petitionibus suis inclinarent, etc. p. 579.  how burdensome soever it might be to them: This the King promiseth to do, and desires them to assist him in it; so the Clergy grant him à Tenth, and the Knight's Scutage, viz, three Marks of every Knight's Fee for that year, 
Rex bonà fide, & sine aliqua cavilatione, promisit, se Chartam Magnam, & omnes ejus Articulos fideliter observaturum, quam Rex Johannes tenere juravit, & similiter qui praesens est, in susceptione Coronae, & poste● multoties. Ibid.  and the King promiseth faithfully, and without cavil to ratify Magna Charta, and faithfully to observe all the Articles of it, which King John, and he, at his Coronation, and often since, had sworn to observe. And this is done in the most solemn and ceremonial manner that could be devised; for the King, with all the great Nobility of England, all the Bishops and chief Prelates in their Ornaments, with burning Candles in their hands, assemble to hear the terrible sentence of Excommunication upon all the Infringers of the same; and at the lighting of those Candles, the King, having one in his hand, gives it to one of the Prelates, saying, It becomes not me, 
Nondecet meCandelam talem tenere, sum non enim Sacerdos; Cor autemmajus perhibet Testimonium; & ex tunc tenuit manum expansam ad Pectus, donec tota sententia finiretur. p. 580.  who am no Priest, to hold this Candle; my Heart shall be a greater testimony; and withal laid his hand on his Breast the whole time the sentence was read, which was thus pronounced: In the name of the Omnipotent God, etc. Which done, he caused the Charter of King John his Father to be read: In the end, having thrown away their Candles, they cried out, So let them who incur this sentence be extinct, and stink in Hell: And the King with a loud voice said, 
* Dixit ipse Rex, Sic me Deus adjuvet, haec ommia illibata observabo fideliter, sicut sum homo, sicut sum Christianus, sicut sum miles, & sicut sum Rex Coronatus & Inunctus, etc. M. Paris. p. 580. Idem Rex, consiliis malignorum praeventus, easdem infringendo contra venire non formidavit, credens pro-munere absolvi à trangressione. p. 597.  As God help me, I will, as a Man, a Christian, a Knight, a King Crowned and Anointed, inviolably observe all these things. But notwithstanding all this, in the very next year the King, by the counsels of some wicked men, is wrought upon to infringe again this Charter, hoping for a gift to obtain an absolution from his Oath.  
In the next year a Parliament is called, which yields nothing but grievous Complaints for breach of M. Charta, 
Page 608.  and Promises of supply provided it may be again confirmed, and the electing the Justiciar, the Chancellor, and Treasurer put into their hands; to which the King would not yield: But though the King would not observe it, M. Paris saith, It was cried in all Countries, 
Diebus autem istis acclamatum est in comitatibus, & annunciatum est in Synodis, in Ecclesiis, & ubicunque locorum homines convenerant, ut M. Charta inviolabiliter teneretur, quam R. Johannes concesserat, & iste Rex praesens multoties concessit; & lata est sententia solenniter in omnes ejusdem violatores. Ibid. p. 609.  and denounced in all Synods, Churches, and public resort, that M. Charta should be inviolably observed, and the sentence of Excommunication is denounced against all the violaters of it.  
In the Year 1256. Provision is again made sub paena horribilis Anathematis, 
Page 619.  under the penalty of an horrible Anathema, that the M. Charta of King John should be observed.  
In the Year 1257. The King requests an Aid for his Son Edmund, for the acquiring the Kingdom of Sicily, and after many excuses, upon condition that the King would observe M. Charta so often promised, and bought, they tender 52000. Marks, with which the King was not satisfied. 
Ee tamen conditione additâ, ut M. Chartam, toties promissam, emptam, & redemptam, ex tunc inviolabiliter observaret, etc. p. 637.   
In the Year 1258. was held the Parliament at Oxford where the Nobles enter into an unchangeable League to require that the King should faithfully observe the Charter of King John, 

Parliamento incipiente, solidabatur Magnatum propositum & consilium immutabile, exigendo constantissimè ut Dominus Rex Chartam Libertatum Angliae, quam Johannes Rex Anglis concessit— fideliter teneat, & conservet— exigebant insuper sibi fieri Justiciarum, etc.— Quod Rex recognoscens, graviter juravit consiliis eorum obsecundare, & Edvardus filius ejus eodem est juramento adstrictus. p. 653.  
Rex coactus est corporale praestare Sacramentum, cum omnibus ferè post jurantibus illud idem. Hyp. Neustr. p. 467.   which he had so often swore to perform, they require also the chief Justiciar, Chancellor, and Treasurer to be ordained by public choice, and the twenty four Conservators of the Kingdom to be confirmed, twelve by the Election of the Lords, and twelve by the King, who swears to the confirmation of these things, and causes the Prince to take the same Oath. Walsingham adds, that all after him did swear almost the same thing.  
But notwithstanding this, the King gets an absolution from his Oath of the Pope. 
Rogabant humiliter ut communiter praestitum juramentum inviolabiliter observare vellet. Contin. M. par. p. 567.  Of this the Barons hearing, humbly beseech him to perform the Oath publicly sworn; but the King answering them with threats, the business is deferred till the coming of Prince Edward; who coming, sides with the Barons, according to his Oath, and a League is made betwixt them to apprehend the King's Evil Counsellors, 
Ibid.  and their Abettors, and to endeavour to remove them from the King.  
In the Year 1263. The contest betwixt the King, and the Barons is referred to the mediation of the French King, who annuls the provisions of Oxford, but with this exception, That the Ancient Charter of King John, 
Hoc excepto, quod Antiquae Chartae R. Johannis Angliae Universitati concessae, per illam sententiam in nullo intendebat penitùs derogare. p. 668.  granted to the Community, should in nothing be thereby impaired.  
Then began the Baron's Wars under Simon of Monfort, who succeeded so far in them, as to take the King and his Son Prisoners. But afterwards the Prince escaping out of Prison, fights with Simon, and overthrows him at Evesham, where he was slain.  
And here it is to be observed, that none of the Historians of those times will permit this Simon to be called a Rebel, or a Traitor, but they still represent him as a most devout servant of God and the Church, 
Sciendum, quod nemo sani capitis debet censere, neque appellare Simonem nomine Proditoris; non enim fuit Proditor, sed Dei Ecclesiae in Anglia devotissimus Cultor, & fidelissimus Protector, Regni Anglorum Scutum & Defensor. Chron. de Mailr. p. 228.  and a most faithful Protector, Shield, and Defender of the Kingdom of England, and even a Martyr for the Liberties of Church, and State.  
After the end of these Wars, in the Year 1269. 
M. Par. Cont. p. 677.  the King calls a Parliament to be hèld at Marlborough, where the Statutes called the Statutes of Marlborough were Enacted, 
Magna Charta in singulis suis Articulis teneatur, tam in his quae ad Regem pertinent, quàm quae ad alios: Similiter Charta de Foresta.  in the Fifth Chapter of which it is decreed, That the Great Charter, and the Charter de Foresta shall be observed in all their Articles, both concerning the the King, and his Subjects. And here, 
Inst. l. 2. p. 102.  saith the Lord Coke, it is to be observed, that after this Parliament neither M. Charta, nor Charta de Foresta was ever attempted to be impugned, or questioned, whereupon Peace and Tranquillity have ever since ensued.  
Edward the First, in the twenty fifth year of his Reign, confirms the said Charters of the Liberties of England, and of the Forest, and declares they are to he holden for Common Law, 
Confirm. Chart. c. 1.  requires that they should be held in every point, that they should be sent under the Great Seal, to all his Justices, as well of the Forest as others, proclaimed by the Sheriff of the County; and that all Justices, Sheriffs, Mayors, and other Ministers, which under the King had the Laws to guide them, should allow the said Charters in all their points, which in any Plea shall come before them in Judgement, and that the said Charters should be sent to all the Cathedrals within the Realm: and should be read twice a year before the People, 
Chap. 3.  and that the Arch Bishops, and Bishops, 
Chap. 4.  should denounce the Sentence of Excommunication against all them who, in Word, or Deed, did act against the said Charters, and these Sentences shall be pronounced, and published twice in the year by the said Prelates.  
And because, in the sixth Chapter of the said Act, there was added this clause, Saves les ancient aides & prizes, deuce & accustomes, which gave some colour for the King's Officers to make an Evasion, the Lords of Parliament, met in the twenty eighth year of his Reign, do importune the King again to confirm the said Charters, which he promised to do; but when it came to be set down in form of an Act, the King would have added, A saving of the Right of his Crown, which the Lords did mainly inveigh against, and pressed the King with his promise to confirm them as absolutely as his Father Henry 3. had done; which, in the end, he yielded to, as appears by the Act, called Articuli super Chartas, 
Chap. 1.  where these Charters are again confirmed; and 'tis provided that they shall be read four times every year before the People in every County after the Feast of St. Michael, and after the Feast of the Nativity of our Saviour, after Easter, and after the Nativity of St. John the Baptist.  
When the King had ended his Wars in Scotland, he refused to stand to the confirmation which he had made to his Barons, of such Laws and Liberties as he before had granted, pretending that they had forced his consent, 
Obtinuit Rex à Domino Papa absolutionem à juramento, quod invitus praestiterat super observantia Libertatum alias à Comitibus & Baronibus exactarum. Walsingh. p. 92.  and he obtained of the Pope an absolution from the Oath which he unwillingly had taken to observe them. But when great murmuring, and discontent followed hereupon, and for his levying Taxes without consent of Parliament, in his thirty fourth year he makes the Statute de Tallagio non concedendo, for the quieting of the Commons, and for a perpetual Law for ever after; declaring, That no Aid or Taxes shall from thenceforth be levied without their consent, and making a general restitution to the Subjects of all their Laws, Liberties, and free Customs, as freely, and wholly, as at any time before in the better and fuller manner they used to have the fame; and and so ended all the disputes touching these Charters.  
Walsingham saith, 
Page 71, 72.  that the Grievances which the Arch-Bishops, Bishops, Abbats, Priors, Earls, and Barons, with the whole Commonalty, remonstrated to the King were these, viz.  
First, That they were not dealt with according to the Laws and Customs of the Land, according to which their Ancestors used to be governed.  
Secondly, That the Articles of M. Charta were neglected, to the great damage of the whole Community.  
Thirdly, That the Assize, and Charter of the Forest was not observed; and then he adds, that the Nobles would consent to no other form of Peace with the King, than that which he established in the Statute, de Tallagio non concedendo, and which I have now set down.  
There is one thing more very observable in the Reign of that King, that when the Pope had summoned him before him to answer touching his Right to the Kingdom of Scotland, a Parliament then held at Lincoln, 
Papa R. Edvardum primum in judicium vocante, respondet Parliamentum Lincolniae habitum, quod praefatus Dominus noster Rex, super juribus Regni Scotiae, aut aliis suis temporalibus, nullatenus respondeat judicialiter coram vobis, nec judicium subeat quoquomodo— cùm praemissa caderent manifestè in exhaeredationem juris  answer the Pope thus, That their King should not answer judicially before the Pope, nor undergo his Judgement for his Rights of the Kingdom of Scotland, or any other Temporal Rights, because this manifestly tended to the disinherison of the said Crown, 
Coronae Regni Angliae, & R. Dignitatis, ac subversionem Statûs ejusdem Regui notoriam, necnon in praejudicium Libertatis, Consuetudinum, & Legum paternarum, ad quarum observationem, & defensionem, ex debito praestiti juramenti, adstringimur, & quae manu tenebimus toto posse, & totis viribus, cum Dei auxilio, defendemus; nec etiam permittimus, aut aliqualiter permittemus, sicut nec possumus nec debemus, praemissa tam insollta, indebita, praejudicialia, & alias inaudita, praelibatum Dominum. Nostrum Regem, etiamsi vellet, facere, seu modo quolibet attemptare. Walsingh. Hist. p. 85. Hypod. Neustr. p. 496. Speed p. 731.  and the R. Dignity, and the subversion of the said Kingdom, and of the Liberties, Customs, and Paternal Laws, to the defence of which they were by their Oath obliged, and with their whole power would defend; and were the King never so willing, they, as they ought not, so they would not permit the King to attempt the Premises. When King Richard the Second asked of Sir Robert Trisilian, and his other Lawyers, whether he might not Disannul the Decrees of the last Parliament, and they had answered that he might, BECAVSE HE WAS ABOVE THE LAWS, as one of them confessed, he deserved death for that Answer, so all them, that could be caught, soon after found it.  
Farthermore, Let it be observed, that the Nobility of England, as the Lord Coke observes, have ever had the Laws of England in great Estimation and Reverence, 
Instit. l. 2. p. 97.  and would never suffer them to be changed. This made King Henry the First, saith he, to write to Pope Paschal thus: Let your Holiness know, that, by the help of God, whilst I live, 
Notum habeat Sanctitas vestra, quod, me vivente, auxiliante Deo, Dignitates & Usus Regni nostri Angliae non imminuentur; & si ego, quod absit, in tanta dejectione me ponerem, Optimates mei, & totus Angliae populus, id nullo modo pateretur. Charta Henr. primi.  the Dignities, and Customs of our Kingdom of England shall not be diminished; and if I, which God forbidden, should so far deject myself, my Nobles, and all the people of England would never suffer them to be altered.  
When the Bishops, in the twentieth year of Henry the Third, would have those Children who were born before Matrimony Legitimate, as to Hereditary Succession, as well as those who were born after Matrimony, all the Earls and Barons answer with one voice, 
Et omnes Comites & Barones unâ voce responderunt, quod nolunt Leges Angliae mutare quae hucsque usitatae & approbatae sunt. Stat. Mert. c. 9 Bracton. l. 5. c. 19 F. 417.  We will not have the Laws of England, which have hitherto been used and approved, to be changed.  
In the Letters which all the Nobility of England, by Ascent of the whole Commonalty, assembled in Parliament at Lincoln, wrote to Pope Boniface, we find these words. 
Ad Observationem & Defensionem Libertatum, Consuetudinum, & Legum paternarum, ex debito praestiti Sacramenti adstringimur, quae manu tenebimus toto posse, totisque viribus, cum Dei auxilio defendemus, nec etiam permittimus, nec aliquatenus permittemus, sicut nec possumus, nec debemus, praemissa tam insolita, indebita, praejudicialia, & alias inaudita, Dominum nostrum Regem, etiamsi vellet, facere, seu quomodolibet attemptare. Ret. Parl. 28. Ed. 1. apud Lincoln.  By virtue of our Oath we are bound to the Observation and Defence of the Liberties, Customs, and Paternal Laws, which by the help of God we will defend with our whole Power; non do we, nor will we permit our Lord the King, though he were willing, to attempt things so unusual, undue, and prejudicial to the Royal Dignity: and this was Sealed by 104 Earls, and Barons in the name of all the Commonalty of England.  
What they affirm touching their Oaths to defend their Laws, is an unquestionable truth; for besides what hath been noted of this kind already, in the twenty fifth year of this King, it was established by Act of Parliament, 
25. Ed. 1. c. 3. 42. Ed. 3. c. 1.  that if any Statute were made contrary to Magna Charta, or Charta de Forestis, it should be holden for none; and the Nobles, and the great Officers were sworn to the Observation of them: Yea, 
Speed p. 583.  by the Royal Command of Henry the Third, Oaths were taken to tie all men to the strict Observation of them.   

SECT. iv That we find throughout the History of our Kings, that their Election, or else their Compact with the People, hath generally been conceived a thing proper to strengthen their Title to the Crown, or at the least to satisfy their People.  
4ly, IT may be farther worthy of our consideration, that we find throughout the History of our Kings that their Election, or else their Compact with the people, hath generally been looked on, as a thing proper to strengthen their Title to the Crown, or at the least to satisfy the People. For instance,  
First, 
Dunelm. p. 195. Hoved. E. 258. Ab omnibus tam Normannorum, quam Anglorum Proceribus Rex est electus. Gemit. de Ducibus Norm. l. 6. c. 37. Walsing. Hypod. Neust. p. 436.  Of the Conqueror S. Dunelmensis, and Hoveden inform us, that Foedus pepigit, he made a Covenant with the people: Gulielmus Gemiticensis, and Walsingham, say, that he was chosen King by all the Nobles of England and Normandy.  
Secondly, 
Daniel p. 52. Polyd. Virg. Hist. l. 10. p. 164.  William the Second held the possession of the Crown of England by the Will of the Kingdom, the Succession in Right of Primogeniture being none of his. 
Volentibus omnium provincialium animis in Regem acceptus. M. Par. p. 10. Chron. Joh. Brompt. p. 983, 984.  The Historians say, that the Nobles met in Council at Westminster, and after long Consultation made him King; that by the willing minds of all he was accepted for their King, and the King himself declares, quod ipsum in Regem creaverant, that they had created him King.  
Thirdly, Henry the First was invested in the Crown by the Act of the Kingdom. The Historians tell us that a Council of the whole Community rejected Robert, 
Unanimi ascensu suo ipsum refutauêrunt, & pro Rege omninò recusauêrunt, & Henricum fratrem in Regem ere êrunt. Knight. de Event. Angl. p. 2374. In Regem electus est frater ejus Henricus, & consecratus est Rex Angl. M. Westm. Hist. p. 235. In Regem electus est, aliquantis tamen controversiis inter Procéres excitatis, & Sopitis. W. Malmsb. l. 5. F. 88 J. Brompt. Chron. p. 997. Walsing. Hypod. Neust. p. 446. Rich. Hagulst. p. 310.  the eldest Son of the Conqueror, and would not have him for their King; but with unanimous consent, they advanced his Brother Henry to the Kingdom, who was by all Elected, and Consecrated King at Westminster, after the death of William Rufus, as being the first born of the Conqueror, after he was King of England. William of Malmsbury saith, he was Consecrated within four days after his Brother's death, lest the Rumour of Robert's coming to England, should move the Nobles to repent of their Election: 
Sciatis me Dei misericordia, & communi consilio Baronum Regni Angliae, ejusdem Regni Regem esse coronatum. M. Paris, pag. 38.  And in his Charters, the King himself writes thus; Know you that I was Crowned King of England by the Common Council of the Barons of the Kingdom: And 'tis observable, that his Elder Brother Robert being absent at the Holy Wars, they chose Henry King, because they were afraid to be long without Government.  
Fourthly, Florence of Worcester, William of Malmsbury, R. Hoveden, and R. Hagulstadensis, do expressly say, that Stephen was chosen King by the Primates of the Kingdom, 
A Primoribus Regni, cum favore Cleri & Populi, electus. R. Hagulst. p. 312. Flor. Wigorn. p. 665. Hoved. F. 215. Malm sb. F. 101. B.  with the favour of the Clergy, and Laity; and that he took upon him the Kingdom with their General consent; 
A scensu Populi & Cleri in Regem electus. Malmsb Hist. Nou. l. 1. F. 101. B. R. Hagulst. p. 314.  and his own Charters say the same thing, as they had reason to do, he having no Title at all, but as one of the Blood, by mere Election advanced to the Crown. 
Daniel, p. 69.   
Fifthly, Radulphus de Diceto, 
Ab omnibus electus, p. 529.  Saith of Henry the Second, That he was Elected by all, and anointed by Theobald, Archbishop of Canterbury.  
Sixthly, And of Richard the First he saith, 
Post tum Cleri & Populi Solennem & debitam Electionem. p. 647.  That being to be promoted to be King by right of Succession, after the solemn and due Election, both of the Clergy, and Laity, he took a Threefold Oath. Hoveden adds, that he was Consecrated, and Crowned King of England, 
F. 374.  consilio & assensu, by the Council and assent of the Arch-Bishops, Bishops, Counts, and Barons.  
Seventhly, 
P. 127. Archiepiscopus dixit, quod nullus praevia ratione alij succedere habet Regnum, nisi ab universitate Regni unanimiter, Spiritus Sancti invocata gratia, electus, & secundùm morum eminentiam praeelectus, omnes hoc acceptabant, ipsumque Comitem in Regem eligentes, & assumentes, exclamant, dicentes, Vivat Rex. Matth. Paris, p. 138.  King John received the Crown by way of Election; as being chosen by the States, saith Daniel. Matthew Paris saith, That all consented to the Speech of the Archbishop, that none ought to Succeed another in the Kingdom, unless he were elected by the Community, and thereupon they elected the Count, and took him for their King.  
Eightly, 
In Regem eligitur. p. 474.  The History of Croyland saith, That after the death of King John, Henry, his first born, was elected King.  
Ninthly, 
Non tam jure haereditario quam unanimi assensu Procerum, & Magnatum. Edward Franc. An. 1602. p. 95.  The Succession of Edward the Second, saith Walsingam, Was not so much by right of Inheritance, as by the unanimous consent of the Peers, and great Men.  
Tenthly, Edward the Third was elected with the Universal consent of the People upon his Father's Resignation: 
Walsing. Hist. Angl. p. 126. Hypod. Neust. p. 508.509. H. de Knyghton, p. 2550.  The Parliament then met at London, declared by common consent, That Edward the Second was unworthy of the Crown, and for many Causes to be deposed, and that his first born Son Edward should unanimously be chosen King; then the Election is publicly declared in Westminster-hall, some of both Houses are sent to Edward the Second, qui nunciarent Electionem filij sui, who should acquaint him with the Election of his Son, and require him to resign the Crown; Electioni consensit populus universus, all the people consented to the Election; so did all the Prelates, and the Archbishop, who made an Oration on those words, Vox populi vox Dei, and exhorted all to pray for the King Elect.  
Eleventhly, Richard the Second succeeded Edward by right of Succession, 
H. de Knight. p. 2630.  ac etiam voto communi singulorum, and by the Common suffrage of all.  
Twelfthly, Henry the Fourth, Fifth, and Sixth were only Kings by Act of Parliament.  
Thirteenthly, Edward the Fourth, at his entrance on the Government, makes a solemn Declaration of his Right to the Crown of England, challenging it to belong unto him by a double Right, the first as Son and Heir to Richard Duke of York, 
Trussel. 179.  the Rightful Heir of the same; the second as elected by the Authority of the Parliament, upon King Henry's forfeit of it.  
Fourteen, The Parliament Roll published in Speed's Chronicle often saith, 
p. 913, 914.  That they had chosen Richard the Third for their King, and that the Crown belonged to him as well by Election as Succession.  
Fifthteenthly, And Henry the Seventh, 
Bacon. Hist. of Hen. VII. p. 12.  to all his other Titles by Marriage, Conquest, and from the House of Lancaster, adds that of the Authority of Parliament.   

SECT. V That we find mention in History of divers Acts of Parliament, or of the Nobles of the Kingdom, continuing the Name and Honour of a King to him, who, by their own confession, had not the immediate Title to the Kingdom, and only Proclaiming him, who had the Right by Proximity of Blood, Heir Apparent to the Crown.  
5ly, MOreover we read of divers Acts of Parliament, or of the Nobles of the Kingdom, continuing the Name and Honour of a King to him, who, by their own Confession, had not the just Title, and only Proclaiming him, who had the Right by proximity of Blood, Heir apparent to the Crown: For instance.  
The Contest betwixt Robert the Eldest Son of the Conqueror, 
Ad haec etiam inter se constituerunt, ut si comes absque filio legali in Matrimonio genito moreretur, haeres ejus esset Rex; modoque per omnia simili, si Regi contigisset mori, haeres illius fieret Comes, hanc conventionem. 12 ex parte Regis, & 12 ex parte Comitis Barones Juramento firmaverunt. Flor Wigorn. p. 644.  and William Rufus his younger Brother, ended thus, That f Robert died without a Lawful Son, King William should be his Heir, and if King William died without issue, Robert should be his Heir; and this was Sworn to by twelve Barons of each side.  
In the contest betwixt the same Robert, and his younger Brother Henry, 
Principes, M. Paris, p. 40. Hen. Hunting. F. 216. B. Joh. Bromp. p. 998.  the Princes, say some of our Historians, the wise men of our Kingdom, say others, 
Sapientiores utriusque partis, Dunelm. p. 226. Flor. Wigorn. p. 650. R. Hoveden, F. 268. B. Daniel p. 61.  made a Mutual, and general League of Concord, by their Pious, and Wise Council; That Henry the First, 
Amiciutriusque foedus inter eos statuerunt sic, quod Rex propter manifestum jus quod habuit ad Regnum possidendum, Roberto singulis Annis tria millia Marcarum Argenti daret ab Anglia, & quis eorum diutius viveret, Haeres esset alterius, si absque filio moreretur. M. Westm. p. 236. Henr. Huntingd. Hist. l. 7. F. 216. B. M. Par. p. 40.  being invested with the Crown by Act of the Kingdom, should enjoy the same during life, and that by reason of the manifest Right which Robert had to the Kingdom; Henry should pay him 3000 Marks yearly, and that the longest liver should be Heir to the other, if he died without a Son; by which Acts, if William Rufus, or Henry had Sons, they were to Reign, though the manifest Right was in Robert, and his Heirs.  
And here it is observable, 
Maxima pars Nobiliorum Normannorum favebat Roberto, cupiens hunc sibi asciscere in Regem, fratremque aut fratri tradere vivum, aut Regno privare peremptum; hujus execrandae rei principes extitêre Odo, etc. hoc execrabile factum clam tractaverunt in quadragesima. Florent p. 642. Dunelm. A. D. 1088. Hoved. par. 1. F. 264, Radulph. de Diceto p. 489. Proditores vocat H. Huntingd. Hist. l. 7. F. 213. Perfides, W. Malmsb. Hist. l. 4. F. 68 Conjurationis & perfidiae Socios. Florent. p. 643. Perjurij Reos, Matth. Paris, p. 10.  that though the greatest part of the Nobles did upon some dislike to Rufus, to whom they had sworn Allegiance, favour his Brother Robert, desiring to advance him to the Kingdom, and to destroy William, or deliver him alive to his Brother; yet do all our Historians declare, that they who sided with William, were faithful to their Earthly Lord, and the other party were Traitorous, Perfidious and Perjured Persons, and that the thing itself was an execrable fact.  
And in like manner they who stood for Henry against the same Robert, 
L. 5. de Henr. primo. F. 88  who had manifest right, are said by W. of Malmsbury, justas partes fovere, to be of the right side, and they who fought against him, to be fidei Regi juratoe transfugoe, violaters of their Oath, and yet this Henry was advanced to the Throne, not because he had Right during the life of his Elder Brother; but because Robert being gone to the Wars at Jerusalem, 
Quia ignorabant quid actum esset de Roberto fratre primogenito, & timuerunt diu sine Regimine vacillare. Matth. Paris p. 38.  they knew not what was become of him, and were afraid to be long without Government.  
But to proceed to other instances of this Nature from History. In the contest between King Stephen, and Henry Duke of Normandy, the Son of the Empress Maud, and the Right Heir of the Crown, Theobald Archbishop of Canterbury, and Henry. Bishop of Winton, 
Rich. Hagulst. p. 330. H. Huntind. l. 8. F. 228. Joh. Brompt. Chron. p. 1037. Gervas'. Chron. p. 1375. Chron. de Mailros. p. 167.  made peace betwixt them upon these conditions; That King Stephen from that time, should entirely enjoy the Kingdom, as lawful Prince, with the Glory and Honour of it, and Henry should succeed him in the Kingdom as lawful Heir. This peace was thus made, by the Counsel of the Wise Men, and the intervention of the Nobles, and Friends of both parties, and was declared to be honest and profitable, 
R. Stephanus Ducem Hen. cognovit in conventu Episcoporum, & aliorum. Regni Optimatum, quod jus Hereditarium in Regnum Angliae habebat, & Dux benignè concessit, ut R. Stephanus tota vita sua, si velle, Regnum pacifice possideret M. Paris p. 61, M. Westm. p. 246.  and saith M. Paris, it was concluded in a public Convention of the Bishops, and Nobles of the Kingdom.  
Fourthly, Thus was it also in the Case of Richard Duke of York, and Henry the Sixth, for though Richard was the Right Heir to the Kingdom; 
Quod Dux & filij sui, Edvardus Comes Marchiae, & Edmundus Comes Rutlandiae, qui ambo discretionis annos attigerant, jurarent ipsi Regi fidelitatem, quodque ipsum recognoscerent eorum Regem quamdiu ageret in humanis, id enim Parliamentum ipsum decreverat, addendo, de ipsius Regis consensu, quod quamprimum Rex ipse in fata decesserit, licebit dicto Duci suisque Haeredibus coronam Angliae vendicare, & possidere. Hist. Coryl. Ed. Oxon. p. 550.  yet the Parliament, held A. D. 1460. decreed that Henry the Sixth should reign, and be King during his Life, and that the remainder should rest in Richard Duke of York, and the lawful Heirs of his Body, in general tail.   

SECT. VI The Inferences from the Resolutions of the best Casuists, to prove that the Oath of Allegiance, and of the Coronation, are reciprocal; and consequently that the obligation of the Oath of Allegiance doth cease, when the Original Compact is Fundamentally violated.  
NOw the Inferences which naturally flow from this Historical Account of the Kings of England, and their Government, are these:  
First, That the Kings of England were Kings by virtue of an Original Compact, made between them and the People: this is apparent by the Contract made by the Conqueror with the Barons, and the Nobility, and Commonalty of England; and the so frequent repetition of that, or a like Contract by the following Princes of this Realm, by the Oaths they took at their Coronation, to preserve to the People their Ancient Rights, and Liberties, their Original Customs and Laws; and by the continual claim the people made to the Laws of their Country, the Laws of King Edward, and the Magna Charta as their Right.  
Accordingly the Lord Chancellor Fortescue, 
Chap. 9.13.  having declared that our Kings are Political Kings, who received their Power from the People; he adds, That, 
Chap. 14. p. 34.  non alio pacto, by no other Contract did ever any Nation willingly incorporate itself into a Kingdom; but that they by that means might more safely than before enjoy Themselves, and their Goods, of which intent that Nation would be defrauded; if having thus submitted to the Government of a King, he might spoil them of their Goods, which before it was not Lawful for any man to do.  
Secondly, That this Compact was, That the King should govern them according to the Tenor of such Ancient Laws, and Original Customs as were received among them, according to the Good, Approved, and Ancient Laws of the Kingdom, saith M. Paris, the Liberties in which the Nobles confided, saith M. of Westminster; the Laws of their Country, saith W. of Malmsbury; the Laws of King Edward, say the forementioned Authors; the Proper Laws, and Ancient Customs in which their Fathers lived, say Hoveden, 
Stat. Merton. c. 9.25. H. 8. c. 21.  and the Chronicle of Lichfield; the Laws of England, the Ancient Laws of this Realm originally established, say our Statutes; the Laws of the Land, the good Laws of the Land, saith the Oath of Richard the Second; the Charters of the Liberties of England, the Common Liberty, say the contenders for them with King John and Henry the Third; the fundamental Laws of the Kingdom, saith King James: Let it be observed,  
First, Out of Fortescue, That our Kings rule not by Royal only, 
Ch. 9 p. 25, 26. Ch. 13. p. 32.  that is, Absolute, but by Political Power; and that therefore a King of England cannot change the Laws of the Body, nor invade their Properties, but as they do consent, 
Ch. 13. p. 32. c. 14. p. 34.  that he is advanced to the Throne for the safety of the Law, and his Subjects in their Goods, and Bodies, and derives even this Power from the People; and therefore cannot Lawfully Rule over them otherwise.  
Secondly, That this is the difference betwixt a King Governing Absolutely, and by Political Power, that the first can change the Laws of his Kingdom, 
F. 25. B. 26. A.  impose Taxes, and other burdens without consent of his Subjects; whereas a King who Rules Politically over his People can neither change the Laws, without consent of his Subjects, nor charge them with strange impositions against their Wills; That a King ruling only by Power Royal may easily become a Tyrant, but whilst the Kingly Power is restrained by the Political Law, 
F. 26. B.  he cannot govern his People Tyrannically: That the Contract made with a King governing Absolutely, 
F. 35. A.  is, that his Will shall be the Law; whereas a Political King cannot govern his People by any other Power than that of the Laws.  
And from these Principles it clearly follows, That a King Ruling Arbitrarily, and Fundamentally, overturning the Laws, is no such King as our Constitution knows, or ever did admit of; That therefore no Obedience, or Allegiance can be due to him by Law, nor be intended in any Legal Oath, unless we can suppose men at the same time intended to preserve their Constitution, and yet designed to engage themselves, and others to be assistant to subvert it.  
Thirdly, Let us consider the Rules laid down by the exactest Casuists, touching the Cases in which the obligation of an Oath ceaseth, and apply them to the present Case. Thus than they say:  
First, That when the Matter of an Oath ceaseth, the Obligation of it ceaseth also, and that the Matter of it must then be judged to cease, 
Tunc enim cessasse materiam censendum est, cum rerum status inter tempus jurandi, & tempus adimplendi, ita immutatus est, ut si quo tempore jurabatur, praevideri potuisset is qui postea insecutus est rerum status, non omnino juratum fuisset. San. de Juramento Prael. 7. § 7.  when the state of things betwixt the time of Swearing, and of fulfilling the Oath, is so changed, that if it could have been foreseen by him who took the Oath, at the time of his Swearing, he would not have taken the Oath. When the Root of the Obligation is taken away, 
Quia Radice obligation is sublatâ, tollitur unà pullulans inde obligatio; fuit autem materia, quae causam dedit jurationi, Radix ejus obligationis, quae ex illa juratione insecuta est. Ibid.  the Obligation thence arising must be taken away with it; now that which gave the ground for taking the Oath, is the Root of the Obligation, which followed upon the Oath.  
Among the conditions which are de jure communi to be understood in all Oaths, though they be not expressed; this, saith the Reverend Bishop Sanderson, 
Subingtelligendum quarto, rebus scstantibus, i. e. si res in eodem statu permanserint quo nunc sunt, unde qui juravit reddere gladium, non tenetur reddere furioso, & qui juravit ducere aliquam uxorem, non tenetur ducere, si deprehendat eam esse ex alio viro gravidam: has, & istiusmodi conditiones in omni juramento subintelligi fas est, etsi non exprimantur; & rigidus nimis esset juramenti Interpres qui istarum aliquam exclusum iret. Prael. 2. §. 10.  and many of the Schoolmen, is one, viz. That things continue, and remain in the same state they were at the time of swearing; whence he that swore to restore a Sword, is not bound to do it to a madman; and he that swore to marry such a Woman, is not bound to do it, if he finds her afterwards with Child by another: these, and such like conditions, though they be not expressed, are to be understood in all Oaths; and he that should exclude any of them, would too rigidly interpret his Oath.  
Secondly, Amesius adds, 
In Juramento subintelligi debent conditiones illae, quae ex more & consuetudine receprâ concipi praesumuntur ab iis ad quos juramentum spectar. De Cas. Consc. l. 4. c. 22.  that in an Oath all those conditions are to be understood, which by the received Customs and Manners of a Nation, are presumed to be conceived as conditions belonging to it.  
And that when the formal reason of an Oath is taken away, the Oath ceaseth, 
Quum aufertur ratio formalis juramenti, juramentum cessat ratione eventûs, qui casus est eorum qui juràrunt se obedituros domino aut principi alicui qui postea cessat esse talis. Ibid. § 36. Nec tenebitur, si cesset qualitas sub qua alicui juravit, ut si Magistratus desinat esse Magistratus. Crot. de Jure Bel, & Pac. l. 2. c. 13. §. 18.  and that this is the Case of them who swear to a Prince, or to a Master, who after ceaseth so to be.  
Thirdly, The Casuists farther tells us, that a promissory Oath, made purely on such a Motive, and Foundation, supposeth the continuance of that Foundation, as the condition of its Obligation; and therefore ceaseth to oblige, when he to whom, and for whose sake it was made, tollit fundamentum illud quo nitebatur, removes the Motive and Foundation of it. 
Saunders. de juramento praelect. 4. p. 99 Tombs lect. 18. p. 23.  For instance, Chremes the Master swears he will give to Sosia ten Crowns per annum, and Sosia the Servant swears to serve him eight years, if Sosia will not serve him the third year, Cremes is not obliged to pay him ten Crowns at the years end; or if Cremes will not pay Sosia at the years end, Sosia is not bound to serve him eight years; because this payment was the Sole foundation of Sosia 's service, this service the Sole motive of Chremes 's Oath.  
Fourthly, They add, That without which it cannot in equity, and reason be supposed that any reasonable man would, or any honest man should take an Oath, must be supposed as a tacit condition in the taking of it; so that no person is to be supposed to swear to do any thing, but with this proviso, as far as it is consistent with equity and justice: Thus though Solomon promised to his Mother not to say nay to her request, yet when she asked Abishag the Shunamite, to be given to Wife to Adonijah, because the Marriage would have been incestuous, or would have given him a pretence for disturbing of the Kingdom, Solomon breaks his promise, and thereby shows that it was made with this proviso; if I may safely and equitably do it. Hence they infer that the Laws of Nature, and Self-Preservation must give tacit limitations to our promissory Oaths, where they are general, and not expressive of Life and Death; because we have an Obligation to them antecedent to all Oaths; nor can it rationally be supposed that a man would promise to ruin and destroy himself, where the public good did not make it necessary so to do.  
If then the Kings of England be Kings by virtue of a Compact, originally made betwixt them, and the people; if the Tenor of that Compact be on the King's part, that he would govern them according to the Tenor of their Ancient Laws, Liberties, Charters, and Customs; or as the Coronation Oath now runs, that he will confirm to the people of England the Laws and Customs to them granted by the Kings of England; that he will grant to hold, and keep the Laws, and rightful Customs which the Commonalty of his Kingdom have, and to defend, and uphold them as much as in him lieth; that he will preserve, and maintain to the Bishops, and the Churches committed to their Charge all Canonical Privileges, and due Law and Justice, and will be their Protector and Defender to his Power, and this Oath, and Compact be on the part of the Subject the very ground for his entering into a Promise, and Oath of Allegiance, the very formal Reason of it, the Motive, and Foundation upon which it is built: When any King of England afterward makes void his Oath by an entire virtual dissolution of those Laws he had by Oath engaged himself to keep and confirm, and plainly sets himself to destroy that Church he swore to protect and defend, and to deny them all due Law and Justice; he seemeth by just consequence to have made void the Motive, and Foundation of that Allegiance they swore to him.  
Grotius informs us, that the promise of a King to his Subjects gives them a right to the thing promised, that being the Nature of all Promises and Contracts: And this it doth more certainly when it is only a promise of what was originally their Right confirmed by his Oath, 
Dicimus ergo ex promiso & contractu Regis, quem cum subditis iniit, nasci veram & propriam obligationem quae jus dat ipsis subditis, ea enim est & promissorum, & contractuum natura. De jure Bel. & pacis, l. 2. c. 14. §. 8.  and the very condition upon which they accepted of him or his Progenitors as their Kings, for as he rationally adds, if a People make a King by such Laws, 
Plane si populus Regem fecerit non pleno jure, sed additis legibus, poterunt per eas leges contrarij actus irriti fieri aut omnino, aut ex parte, quia eatenus populus jus sibi servavit. Ibid. §. 2.  they make void what he doth contrary to Law, because as to such things they have reserved the Right unto themselves, or at the least they have limited his Right; but to what end is all this, if by their Oath of Allegiance afterwards they virtually disannul that Right they had reserved to themselves, take off all limitations of the King's Right, and put it in his power to break all his promises without control, by binding themselves to the same Allegiance to him when he doth so, as when he ruleth them by Law, and observes his promises and contracts? If therefore that must be supposed as a tacit condition of an Oath without which it cannot in equity and reason be supposed that any reasonable man would, or any honest man should take an Oath; if it cannot rationally be supposed that any rational body would promise, or swear to ruin and destroy themselves, their lives and fortunes, it cannot be supposed that they would consent to such an Oath of Allegiance, as doth entirely oblige them to suffer themselves and their Constitution to be ruined; and to be assistant to it, and therefore the tacit condition of that Oath must be, provided that the Commands of their Superior be according to Law, and he doth govern them by Law.  
Again, if according to Fortescue our Kings Rule not by Absolute, but by Political Power, and therefore cannot change their Laws, or invade the properties of the Subject but by their consent; if he be advanced to the Throne for the safety of his Subjects in their goods and bodies; if this be the difference betwixt an absolute, and a political King, or King of England, that the Will of the first is his Law, but the Law is the Rule of the Will of the Second; the first can change the Laws of his Kingdom without the people's consent, the second cannot; the first may easily be a Tyrant, the second cannot govern his people Tyrannically; and if from hence it follows, that a King ruling Arbitrarily, and Fundamentally overturning the Laws, is no such King as our Constitution owns, or ever did admit of; and therefore that no Allegiance can be due to him by Law whom the Law knows not, nor ever did suppose, but rather always did exclude: Then he who, being a Political King, makes himself absolute, requiring in one of his Kingdoms to be obeyed without reserve, in another setting up Governors and Viceroys disabled by Law to be so, in a third part of his Dominions virtually dissolving all the Laws against Popery, by admitting a Pope's Nuncio, dispensing with the Laws, forbidding them the exercise of their Religion, and the taking upon them Offices Civil and Military, and by just consequence, all the Laws of the Kingdom, by claiming an unlimited Power of Dispensing with them: He who was entered into a League with a Potent Monarch, to set up Popery and Arbitrary Power in England; he who was bound by the Principles of his Religion to destroy the Church of England, and to give up Protestants to suffer the punishment decreed against Heretics by the Romish Church, and had begun to dissolve her Colleges, and silence her Bishops by an Illegal Arbitrary Commission, and was so wholly given up to the will of the Jesuits, that nothing else could be expected from him he certainly must be none of the Kings to which we swore Allegiance; and by refusing to be a political King, the only King our Laws will own, he must have absolved his Subjects from that Allegiance which is due only to such a King: If Rebus sic stantibus be, as the Reverend Bishop Sanderson saith, a condition of all Oaths; if the matter of the Oath must be then judged to cease when things so change, that if the change could have been foreseen, the Oath would not have been taken; then much more must the Obligation of it cease, when so great a change is made as from a political to an absolute King, from a King ruling by Law, and protecting, the Church to a King ruling against Law, and subverting the Church against both his Oath, and Law.  
The same learned Bishop saith, That if a Soldier swears obedience to a General, or Commander of an Army, when he ceaseth to be General, his Oath ceaseth to oblige; 
Si quis ergo miles juret Obsequium belli Imperatori, finito demum bello, cum ipse desierit effe Imperator, non ultra tenetur ex juramento Obsequium ei praestare; & si Pater aliquis juraret se Testamentum in quo filium instituisset Haeredem nunquam mutaturum comperto tamen postea filium Haeredem institutum Patri venenum miscuisse, Pater non ultra tenetur juramento. Prael. 7. §. 7.  and if a Father swear never to change his Will in which he hath made such a Son his Heir, he is absolved from that Oath, if his Son afterward endeavour to poison him, that an Oath to deliver a Sword binds not to deliver it to a mad man, who may destroy himself or me with it: And an Oath to marry a Woman binds not to do it, if she prove with Child by another; why therefore should an Oath of Allegiance made to a politic King, ruling by Law, bind us to pay that Allegiance to a King thus ruling Arbitrarily; he ceasing as much to be that King we swore to, as a General plainly going about to destroy his Army ceaseth to be their General, and being as much different from his former self, as a Woman pregnant from a Virgin; and as like to be pernicious to the Government, as a Son attempting to poison his Father would be to him, or a Madman to them who should give him a Sword; and all this seems plainly to be contained in those excellent words of King James, 
Fourth Speech at Witehall A D. 1609. p. 530, 531.  that the King was lex loquens, after a sort, binding himself by a double Oath to the Observation of the Fundamental Laws of his Kingdom, tacitly AS BY BEING A KING, and so bound to protect as well the People, as the Laws of his Kingdom, and expressly by his Oath at his Coronation, so as every just King in a settled Kingdom IS Bound TO OBSERVE THAT PACTION MADE TO HIS PEOPLE BY HIS LAWS, in framing his Government agreeably thereunto; and therefore a King Governing in a settled Kingdom LEAVES TO BE KING, AND DEGENERATES INTO A TYRANT, as soon as he leaves off to rule according to his Laws:— Therefore all Kings that are not Tyrants, or purjured, will be glad to bond themselves within the Limits of their Laws, and they that persuade them to the contrary are VIPERS and PESTS, both against them, and the Commonwealth. Where it is granted,  
1. That there be Fundamental Laws of the Kingdom. And  
2ly. That our Kings, even by being Kings, do tacitly bind themselves to protect the People, and the Laws of their Kingdoms.  
3ly. That the King makes a Paction with his People by his Laws, which Paction he is bound to observe. And,  
4ly. That as soon as he leaves off to rule according to his Laws, HE LAVES TO BE A KING, and then certainly we must leave to be of right his Subjects, or to owe him Allegience. And though, even in this case I cannot yet approve of Subjects taking up Offensive Arms against a King on this account, because I know not what power of Avenging themselves they have, or how the Sword is put into their hands to do it, nor who hath made them Judges in their own cause, yet if Providence is pleased to send a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, another Prince to free us from a King who hath thus violated his Compact, and not only thus leaves to be King, but doth it also by deserting us, and so far abdicating the Government, which is our present case; then I am apt to think we may honestly accept of this deliverance as being formerly absolved de jure from our Allegiance to such a King.  
And lastly, let it be Observed that all our Kings if they were capable, were Crowned soon after their coming to the Throne, or the decease of their Predecessors, the Ceremony till of late being only omitted in the case of Henry the Sixth, a Child of nine months old; that at their Coronation they generally took their Oaths to preserve their People's Rights and Liberties, and govern them by their Old and good Laws and Customs; and that they received Homage of their Subjects at the same time. That the usual custom was, and still is, first, That they take their Coronation Oath, and then the Archbishop ask the People whether they be willing to subject themselves, and pay their due Allegiance to a King so sworn; That if any of them at their Coronation refused to promise these things, they endeavoured to hinder their Coronation till they had satisfaction in that point; that sometimes the Bishops, before their Coronation, acquaint the People with the Constitution of the King and Kingdom, how the King should behave himself to them, and in what things they were to obey him, on which the practice of the Bishops in the case of Magna Charta, and Charta de Forestis, gives us a sufficient Comment, sometimes the Archbishop at their Coronation adjures them by God not to take the Crown upon them, unless they uprightly intended to Observe their Oaths. Sometimes they promised Homage and Allegiance only conditionally, provided that their Laws might be granted, 
Of Hen. 1 M. Paris p. 38. Sub. rali igitur conventione supradisti Comites & Barones juraverunt ●channi Duci Normanniae 〈◊〉 & fideli servitium contra omnes homines. Annal. Mon. Burton. p. 257. M. Paris p. 1●7.  and that the King would be true to his engagements, as in the case of Henry the first, and of King John. Sometimes upon the attempts of their King's wholly to violate their Rights, Liberties, and Properties, they give themback their Homage, and resign it to them, and declare themselves no longer obliged to it, nor guilty if they do not pay it: So that if there were no such evidence of a contract as we have given, if the nature of a Political Government did not require, and suppose it, If 
* Liguntia est vinculum arctius inter subditum & Regem utrosque invicem connectens, hunc ad protectionem & Justum Regimen, illum adtribute & Justum Subjectionem. Glossar.  Sir H. Spelman had not so expressly said, that the Oath of Allegiance is reciprocal betwixt King and Subject, yet these things plainly seen to prove the Oath of Allegiance is, or was at least by our Fore father's thought to be reciprocal and if so; then have the generality of Casuists plainly determined, that it must cease on the one part, when the very substance of it is plainly and perseveringly violated on the other: For both 
* Cum aliquid promi●●um est ob causam quae subesse putubatur, & non subest, ut si juraveris te facturum aliquid eo quod beneficium aliquod te in petraturum sperabas, quod tamen non impetras, tunc ad implendum promisum non teneris, quia conditio illa tacitè in Juramento fuit inclusa, si beneficium impetravero, conditione autem non impletâ, promissio ipsa, licet jurata, obligate 〈◊〉 B●ldwin de Cas. Consc. l. 2. c. 9 Case 17. Rivet explic. Decal. p. 131, Mr. Tombs le●● 18. p. 123, 124. Bp. Sanderson de juram. praelect. 4. § 8. p. 99  Papists and Protestants unanimously agree in this, that when an Oath is reciprocal, or conditional, if one part break the Covenant, and violate the condition, the other is free from the Obligation of the Oath: For as a conditional Proposition, say Logicians, puts nothing in being, but when the condition is put, it becomes absolute; so a conditional Obligation becomes then only absolute, when, and whilst the condition is put, and therefore ceaseth when it is removed. Besides, the Engagement on the one side would not have been, without the engagement on the other; and therefore the performance of it must depend on the performance of the other. And 3ly, Otherwise these Oaths would serve only for a snare to honest men, as v. g. Put the case the Governors of two Armies mutually swear not to fight in so many days, if one party breaking his Oath, and fight, the other be obliged by his Oath not to fight, it would be all one as if he had sworn to deliver up himself, and his Army to be butchered; which is contrary to the law of Nature: So in like manner, if a King hath so far violated his Oath, as to set himself directly to overthrow those Laws, and to destroy that Church he bond himself by Oath to defend; If he hath not only engaged himself in a Religion, which binds him upon pain of damnation to overthrow all the Laws made to keep it out, and to give up all his Subjects to suffer all the punishments decreed by the Roman Church against Heretics, that is, the loss of Goods and Life; If he hath entered into a League with another potent Monarch to set up Popery, and Arbitary Government in England, and yet his Subjects must be obliged to bear Allegiance to him by virtue of their Oaths; then must they be ensnared so far by them, as to deliver up their Laws and Church to be destroyed, if not to assist their Prince in doing of it.  
I am not ignorant that Bishop Sanderson puts the case thus, 
Rex aliquis simpliciter, & citra respectum ad fidelitatem subditorum, jurat se Regnum administraturum justè, & secundùm Leges, subdui alio tempore simpliciter, & citra respectùm ad Principis Officium, jurant se ei debitam fidelitatem, & obedientiam praestituros, utrique obligantur quod sui est Officii fideliter facere, etsi defecerit altera pars à suo Officio, ita ut neque Rex solutus sit suo juramento, si subditi debitum Obsequium non praestiterent, nec subditi suo, si Rex à justitiae tramite deflexerit. De juramento prael. 4. §. 8. p. 100  A King one time swears simply, and without respect to the fidelity of his Subjects, to govern the Kingdom justly, and according to the Laws; the Subjects at another time simply, AND WITHOUT RESPECT TO THE PRINCE'S DUTY, swear to yield him due Fidelity, and Obedience, they are both obliged faithfully to do what is their duty, though the other party fail of his; so that neither is the King absolved from his Oath, if the Subjects do not yield him their due obedience, nor are the Subjects absolved from their duty, though the King deviate from the way of Justice. By this decision I was a long time diverted from ever thinking that the Oath of Allegiance was Reciprocal, or made by the Subject with respect to the Duty, or the Oath of the King, or the nature of our Kingly Government, though upon perusal of our Histories I find that all our Ancestors thought otherwise, or at least acted as if they really believed the Oath was reciprocal, and made with respect to the Obligation which was upon their Sovereign, tacitly as by being a King, and expressly by his Oath at his Coronation, to protect as well as the People as the Laws of the Kingdom. Nor is there any thing in these words, besides the Authority of that great man, to show the contrary. For,  
1. When the King swears to protect his People, this sure doth not oblige him to protect an Outlaw, or a Rebel; 'tis therefore plain, that this part of the Oath respecteth the fidelity of his People.  
2. Whereas he saith, the King simply, and without respect to the fidelity of his Subjects, swears to govern the Kingdom justly, and according to the Laws, 'tis very reasonable he should do so; because he is a King only by, and according to the Laws, and because the Laws have provided him a remedy against the undultifulness of any of his Subjects: If any particular Subject offend against his Government, he can punish him by Law; if any number of them prove Rebels, he can cut them off by Law; if all of them prove so, when he hath power sufficient he hath them all at his mercy by Law, and they have forfeited both Lives and Fortunes to him, and what could he desire more? Whereas, if the Subject be bound to yield Allegiance to the King, though he deviate never so much from the way of Justice, though he usurps as much upon their Lives and Fortunes, without their violation of the Law, as if they were the worst of Rebels, they are left in a very deplorable condition, nor is it any advantage to them that they have fundamental Laws by which they ought to be governed, or that the Government is Political and tied to the observance of the Laws, and not absolute, or that the Governor is sworn to rule according to Law, seeing upon his Sup osition, they are as much enslaved by their Oath of Allegiance, as they could be, were their King absolute, tied to no Oaths or Laws, but free to deal with them at his pleasure.  
Nor doth it alter the case at all, that the King swears to govern by Law at one time, and many of them swear Allegiance at another: For besides what I have showed, that the custom anciently was, and still is, at the very time of his taking his Coronation Oath, for the Subjects to declare their acceptation of him, thereupon as their King, and for some of all Orders to do him immediate Homage in the name of the Rest, which seem to be evident marks of Stipulation, and Mutual Engagement: I say, besides this it seems not at all material to the business, when the Oath is taken, provided that the Ground, Reason, and Foundation, or chief Motive of it, whensoever it be taken, is the aforesaid contract of the King to govern them by Law, either already made, or at his Coronation to be made.   
FINIS.