Vindication of Ecclesiastical Volume 3, Volume 2 · Book 3 · Chapter 2 · Document 65
OF the Reg…l Revenues, ſome are publique, ſome are private; the laſt mayBodin in his Commonwealth, lib. 6. p. 650, 651, 652, 653. be ſold and made away, the firſt never. And to the end Princes ſhould not be forced to overcharge their Subjects with Impoſts, or to ſeek any unlawfull means to for feit their Goods, All Monarchs and States have held it for a generall and undoubted Law, That the publique Revenues ſhould be holy, ſacred, and inalienable, either by Contract or Preſcription. In like ſort Kings (eſpecially in this Realm of France) granting their Letters Patents for the re-union of Crown Lands, declare, That they have taken an Oath coming to the Crown, in no ſort to ſell or make away the Revenues. And although it were duely and directly made away, were it for ever, Yet is it alwayes ſubject to be redeemed, and in ſuch ſort as the Preſcription of an Hundred years, which gives a juſt title to the poſſeſſor, doth not touch the Revenues of the Crown: The Edicts, Decrees, and Ordinances of this Realm are notorious, not only againſt private men, but even againſt Princes of the Blood, who have been put from the diviſion of the Revenues, and the Preſcription of an Hundred years: And this is not peculiar to this Realm alone, but common to the Kings of England, Spain, Poland, and Hungary, who are accuſtomed to Nota.ſwear not to alienate the Revenues of the Crown. The which is alſo obſerved in Popular and Ariſtocratical States; and even at Venice the Law allows no Preſcription. (the which many would limit to ſixſcore years) nor yet the Cantons of the Swiſſers. For King Henry 2. having requeſted the Seigniory of Lucerne to engage themſelves for a certain ſum of money, Hugo the chief Magiſtrate made anſwer to the Ambaſſador, That both the Senate and Commons of Lucerne had ſworn never to pawn nor engage their Lands. We read alſo that the ſame Ordinances were religiouſly obſerved in the two moſt goodly Common-weals that ever were, Athens and Rome, wherein two Great Perſonages Themiſtocles and Cato the Cenſor, cauſed all the publique Revenues to be ſeized on, the which had through tract of time, and ſufferance of Magiſtrates, been uſurped by private men; ſaying in their Orations, Nec mortales contra Deum immortalem, nec privatos contra Rempublicam praeſcribere poſſe: That mortall men could never preſcribe againſt the immortall God, nor private men againſt the Common-weal. And therefore the Court of Parliament upon a civil requeſt obtained by the Kings Proctor General, against a Decree made in favour of the Succeſſors of Foelix of Nogaret, to whom King Philip the fair 260. years before had given the Lands and Seigniory of Calviſſon, for his virtues and well deſerving of the Common-weale, whereby it was revoked unto the Council, ſhewing thereby, That Preſcription hath no place when there is any queſtion of the Revenues of the Crown. And the Court of Parliament at Rovan, by a ſentence given the 14. February 1511. betwixt the Kings Proctor, and the Religious of St. Omer, adjudging the poſſeſſion of certain goods unto the King, allowing the Religious to relieve themſelves by ſome other means, and to prove it duely by way of Inqueſt, and for cauſe; which words (and for cauſe) are not to be underſtood for the poor ſubjects of the Country only, but generally for all. And oftentimes the Treaties made betwixt Princes, have no other difficulties but for the preſervation of the Revenues, the which Princes cannot alienate to the prejudice of the publique. Henry the 8. King of England, in a Treaty made with the Pope, and PotentatesNota. of Italy, in the year 1527. cauſed this clauſe to be added, That they might not give away any thing of the Crown of France, for the redeeming of King Francis; and upon this point the breach of the Treaty of Madrid was grounded; for that the antient cuſtome of this Realm, conformable to the Edicts or Ordinances of other Nations, requires the conſent of the three Eſtates, the which is obſerved in Poland by a Law made by Alexander King of Poland, according to the diſpoſition of the Common Law, unleſſe the ſale were made at ſuch time as the Enemy had invaded the Country; and that the forme be obſerved from point to point, as in the alienation of Pupils goods, (the Common-weale being alwayes regarded as a Pupil) and if there be any thing omitted, it is all of no force, or at leaſt it is ſubject to reciſſion, without reſtitution unto the Purchaſer of the thing purchaſed: Neither can the Prince challenge that unto himſelf which belongs unto the publique, no more then a Husband can his Wives Dowry, wherein the Prince hath leſſe right; for the Husband may abuſe the fruits of his Wives Dowry at his pleaſure, but a Prince may well uſe, but not abuſe the fruits of a publique Dowry: As the Citizens that were in ſociety with the Athenians complained, That the publique money was to be put in Apolloes Treaſury, and not to be waſted by the Athenians. Our Kings have and do acknowledge, that the propriety of the Crown Lands is not the Princes; for King Charles the 5. and 7. would not have the Crown Lands pawned, unleſſe the Parliament at the inſtance of the Kings Proctor had ſo decreed, as we may ſee in the antient Regiſters of the Court of Parliament, and Chamber of Accounts: And the reaſon is, for that the Revenues belong unto the Common-weale, as wiſe Princes have alwayes acknowledged. And when as K. Lewis the 8. dyed, (having given much by his Teſtament to poor Widdows and Orphans) he commanded all his Jewells and moveables to be ſold, to p…rform his Legacies, leaſt that any thing belonging to the Crown ſhould be ſold, as having no Intereſt in it. And for this cauſe Pertinax the Roman Emperor cauſed his name, being written upon the publique Lands, to be raſed out, ſaying, That it was the very Inheritance of the Common-weale, and not the Emperors, although they enjoy the Rents for the maintenance of their houſes and the Common-weale. And we do alſo read that Antonius Pius lived of his own Inheritance, applying nothing that belonged to the publique to his private uſe. Whom K. Lewis the 12. (called the Father of his Country) doth ſeem to imitate▪ who would not mingle his Patrimony and Revenues with that of the publique, erecting the Chamber of Blois for his Lands at Blois, Couſſy, and Monfort; and yet many have erroneouſly confounded the publique with the Princes private Lands. Neither is it lawfull for Soveraign Princes to abuſe the fruits and Revenues of the Crown Lands, although the Common-weale be in quiet, and free from all trouble, for that they have the uſe only, and ought (the Common-weale and their houſe being maintained) to keep the ſurpluſage for publique neceſſity. Although that Pericles ſaid to the Ambaſſadors of the Confederates, That they had no Intereſt in the imployment of the Treaſure, ſo as they were maintained in peace; for it was contained in the Treaty of Alliance, that the money which ſhould be raiſed in the time of peace, ſhould be guarded in Apolloes Temple, and that it ſhould not be imployed but by a common conſent. But there is great difference between the Treaſury or Exchequer in a Monarchy and in popular States; for a Prince may have a Treaſury of his private Patrimony, the which was called Fiſcus by the Antients, and that of the publique Revenues Aerarium; the one being divided from the other by the antient Laws, the which can have no place in a popular or Ariſtocratical Eſtate. Yet there never wanted Flatterers to perſwade Princes to ſell their Revenues of the Crown, to make a great benefit; the which is a Tyrannical Opinion, and the ruine of a Common-weale. For it is well known, that the publique Revenues conſiſt chiefly in that which Dukes, Marqueſſes, Earles, and Barons did ſometimes poſſeſſe, the which either by Succeſſion, Dowry, or by Confiſcation have come unto the State, in Lordſhips, Coppy-holds, in Fees, Alienations, Sales, Seiſures, Rents, Amercements, Rights, Confiſcations, and other Regalities, the which are not ſubject to Impoſts and ordinary Charges, and oftentimes are gotten by them which are free from all Charges. Moreover, Commiſſioners granted to ſell the publique Revenues for the making of money ſpeedily, allow it to be ſold for Ten Years purchaſe, when as private Lands in Fee with Juſtice,Nota. are ſold for Thirty Years purchaſe, and thoſe that have Dignities at Fifty Years and more; ſo as ſome with the purchaſe of the publique Lands, reap in one year more profit by the Iuriſdiction, then they paid for the Land. Others have paid nothing at all, taking the Valuation of the Revenue by Extracts from the Chamber of Accounts, given in by the receivers in Ten Years, who oftentimes have not received any thing, for that the profits of inferiour Iuſtice is made in the chief and Regal Court. As for Sales the purchaſer hath more profit then the Intereſt of the money which they have paid can amount unto; As alſo the receivers of the Revenues are not accuſtomed to give any account of Caſualties, but for a ſmall part. And in Farming out the Crown Lands the Farmers are liable to Subſidies, and are charged according to their abilities.
There are infinite more abuſes which the Common-wealth ſuſtains by Sales of their Revenues; but the greateſt is, that the money which is made is not put out to Rent, (like to thoſe that thinkNota. to be good Husbands) but is moſt commonly waſted and given unto them that have leaſt deſerved; and ſo for want of money to redeem this Land, the Common-weale falls to decay, then do they alſo ſell the Commons, whereby the poor are relieved. It were more fit to ſell the waſt Lands of the Common-weale, the which no man will hire, and brings no benefit to the Common-weale, to the end the Treaſury may be enriched, and that the Citizens may profit by the tilling thereof: But if they may have a Farmer it is not lawfull to ſell it: Although that Ariſtotle commends them of Conſtantinople, who ſold their Lands for a continual Rent, the which is a meer Alienation, and money taken before, diminiſheth the Rent; the which was expreſly defended by an Edict made by Charles the Ninth. And although that afterwards he made another Edict for the renting out of waſte Lands, and paying of Fines, by the perſwaſion of ſuch as ſought to make money; For the Parliament of Paris upon the Verification of the ſaid Edict, decreed, That the Rents ſhould not be redeemed, and that there ſhould be no Fine pay'd at the beginning; and for that the Commiſſioners for this Sale did ſue unto the King that it might be lawfull to give money at the entry: The Court (all the Chambers being aſſembled) decreed, That the purchaſers might not give above a third of the ſum at the entry, in regard of the value of the Lands; the which third part ſhould be received by the receivers of the Revenues, a part to be imployed to redeem the revenues that are ſold impoſing a Quadruple penalty to be Levyed as well upon Receivers, as thoſe that had gotten any aſsignation of the ſaid Moneyes. And it is not here needful to relate what loſſes the King and Common weal have ſuſtayned by ſuch Alienation of the Waſt Lands. King Francis the ſecond coming to the Crown, Commanded his Proctors and Magiſtrates to redeem the publique Revenues from private occupyers, wherein he Complained, that the Crown Lands and Revenues were ſo diſmembred and waſted; as that which remained did not ſuffice for the charges that were layd upon them. But our King hath far greater cauſe to Complaine now, when as there ſcarce remaines any thing that is to be ſold. In the general Accounts of the Treaſure made in January, in the year 1572. there was no receit See Bodin in his Commonwealth, Lib. 6. p. 654, 655.made of any Revenues, although there was ſix and Thirty Touſand Crowns in the Receit, When as King Francis died, as it appeareth by an Account of the Treaſure made in the year 1569. and by the ſame Eſtate the Alienation of the revenues, Impoſitions, and ſubſidies amounted to Foureteen Millions Nine Hundred ſixty and one Thouſand Four Hundred and ſeaventy Livres fiften Soulz and eighty deniers, not comprehending Twelve Hundred Thouſand Livres, for the fourth and half fourth, and Four Hundred and fifty Thouſand Livres upon the ſtrike of ſalt, the which the Country Guienne redeemed in the years 1549. and 1553. Whereby it plainly appears that the Kings Revenues are almoſt all engaged and made away, for fifteen or ſixteen Millions at the moſt, the which is worth above Fifty Millions, for that Earldoms, Baronies and other ſeigniories have not been ſold for above nine years purchaſe: and if it were redeemed and let to Farme it would amount yearly to almoſt Three Millions, the which would ſuffice to maintaine the Kings houſe in ſtate, and to pay moſt of the officers their wages, not medling with any of the other ordinary or extraordinary charges. And if we may compare a ſmal Kingdom with a greater, the revenues of the Crown of England comprehending the Land, ſubſidies, Tares, Cuſtoms, Impoſts and all other charges amount to little more then ſixſcore and ten Thouſand pounds ſterling a year, having a good part of the temporal Lands of the Church annexed to it, and yet the Queen doth maintaine her Court, and the eſtate of her Realm very Royally, and redeemed the Revenues (not ſelling any.)
3dly. As all theſe Civilians, States, Kingdoms, Stateſmen abroad; ſo our own Parliaments, Lawes, Judges, Lawyers at home from age to age, have unanimouſly reſolved, That the Kings of England cannot give, grant, alienate, ſell, morgage their kingdoms, nor the Manors, Lands, Rents, Revenues, Forts, antient Jewels, Ships, Magazins belonging to the Crown, ſetled on them in truſt for the maintenance of their Government, the ſafety of the kingdom, and eaſe of the people from publike Taxes, without common conſent of their Parliaments, Lords, Subjects; and that if any alienations be made of them they may and ought to be reſumed; as not only void in Law, but contrary both to the Oath, and duty of thoſe Kings who alienated them.
1. This is moſt apparent, by the deſcription of our Kings Office uſed at their Coronations (the ſubſtance whereof ſtill remaineth in the Oath yet taken) thus expreſſed in the Lawes of King Edward the Confeſſor, Lex 17. (a) Moreover, The (a) Lambardi Archaion, Fox Acts & Monum. Vol. 1. p. 214, Bp. Bilſons true Difference &c. part. 3. p. 494.King by his Right, and by his Office, ought to defend and conſerve fully and wholly in all ampleneſſe, WITHOVT DIMINVTION, all the Lands, Honors, Dignities, Rights and Liberties of the Crown of his kingdom: And further to reduce into their priſtine ſtate all ſuch things as have been diſperſed, waſted and loſt which appertain to his kingdom. Therefore this Surrender and Charter of King John was expreſly againſt his Office, Duty of a King, and he and his Succeſſors might and ought in juſtice to recall it, as voyd, prejudicial, and diſhonorable.
2ly. By the ſeveral Acts of Reſumption in all ages of lands given or alienated from the Crown by our Kings. The firſt I ſhall mention, is that of King Henry the 2. thus related in aChronicon Johan. Brompton col. 1046, 1047.Brompton, bHiſtoriae Ang. l. 2. c. 2.Nubrigenſis, and others, Anno Dom: 1155. Quomodo Dominica Regis redintegrantur. Conſiderans autem Rex (Henricus ſecundus) quod Regii redditus breves eſſent, qui avito tempore uberes fuerant, eo quod Regia Dominica per mollitiem Regis Stephani ad alios multoſ que dominos majori ex parte migraſſent, praecepit ea cum omni integritate, à quibuſcun que detentoribus reſignari, et in jus priſtinum revocari. Et hi quidem qui regus oppidis ſeu vicis hactenus incliti fuerant; Chartas quas a Rege Stephano vel extorſerunt, vel obſequiis emerant, quibus tuti forent protulerunt: ſed quoniam Chartae invaſoris Juri legitimi Principis praejudicium facere minime debuerunt, eiſdem Inſtrumentis eſſe tuti minime potuerunt. So Neubrigenſis; or as Brompton. Quidem verò in dies Chartas Regis Stephani protulerant: Quibus à Rege reſponſum eſt, Quod Chartae Invaſoris praejudicium legitimo Principi minune faccre debeant. (The *See here, p. 297, 298, 299.caſe of K. Johns Charters in relation to his Succeſſors.) Itaque primo indignati, deinde conterriti, et contriſtati aegre quidem, ſed tamen integre Uſurpata, et diu tanquam ſolido jure detenta reſignarunt. Cumque in cunctis Regni provinciis, omnes uſque ad unum (de quo poſt pauca dicetur, ) voluntati Regiae paruiſſent, Rex tranſhumbranas Provincias adiit. Comitemque Albemarlenſem Gulielmum, qui ibidem ſub Stephano Rex verior fuerat, de re conſimili, eodemque, & cateros pondere authoritatis convenit. Ille diu haeſitans multumque aeſtuans, tandemcorde ſaurius, poteſtati ſuccubuit, et quaecunque ex Regio dominio pluribus jam annis poſſederat, cum ingenti anxietate reſignavit, maxime famoſum illud, et nobile Caſtrum quod dicitur Scarcheburch, quod idem Comes in Eboracenſi provincia ſuper rupis planiciem & turrim Infantium augustius fabricavit. In eadem ergo Piovincia Rebus ad votum gestis, Rex ad ſuperiora Angliae remeans, ſolum Hugonem de Mortuo Mari virum fortem, & nobilem rebellem invenit, Caſtrum Regium de Brugenorth retinendo. Qui cum juberetur propriis eſſe contentus, & reddere quae de jure regio poſſidebat pertinaciſsime renuit, & ſe ad reſiſtendum modis quibus potuit, praeparavit. Rex vero Exercitu celeriter congregato, Brigiam obſedit, & post tempus modicum fortiter oppugnatum in deditionem recepit, & dicto Comiti, cujus cor paulo ante quaſi cor Leonis fuerat, humiliato & ſupplici veniam largitus eſt. After which to compleat this reſumption, Item repetiit a Rege Scotorum Northumbriam, Regi quoque Scotorum, qui boriales Angliae regiones, ſcilicet Northumbriam, Cumberlandiam, et Weſtmerlandiam nomine dictae Imperatricis et Haeredis ejus olim ad David Regem Scotorum adquiſitas tanquam jus proprium poſſidebat, mandare curavit, regem Angliae non debere tanta regni ſui parte fraudari, juſtumque eſt reddi quod fuit ſuo nomine adquiſitum. Ille vero Rex Scotiae Regem Angliae in hac parte prudenter praevalere, Conſiderans, praenominatos fines cum integritate reſtituit, repetenti et ab eo viciſſim Comitatum Huntingdoniae, priſco ſibi Jure competentem recepit.
By his Example cChron. Johan. Brompton, col. 1259. Nubrigenſis Hiſt. l. 5. c. 1. Grafton, p. 90. 149.King Richard the Firſt, ſelling and demiſing much of his Crown-lands to raiſe monies towards his Voyage to the Holy Land, upon his return thence Anno Dom. 1193. by perſwaſions and intreaties rather then force, reſumed and got ſurrenders of them again, as void in Law, and prejudicial to the Crown. (c) Illi autem emptores mox Regio metu attoniti, nulla habita quaeſtione de ſorte non percepta omnia reſignarunt. Dunolmenſis etiam Epiſcopus qui Comitatum Northumbriae gravi ſumma comparatum per aliquot annos poſsideret, reſignando, deſinens eſſe Comes, in ſimplicem Epiſcopum rediit, ut prius. Nec in hac parte prae caeteris privilegium habuit. Anno Dom: 1224. All the dMat. Paris, Hiſt. Angl. p. 306, 308. Speed, p. 597. Daniel, p. 78, 80, 89, 123. Grafton, p. 401Nobles and others of England, who had any of King Henry the 3d. his Caſtles and Lands, were enjoyned to ſurrender them up to him by the Pope and Biſhops, under pain of Excommunication. Saluberrimo uſi conſilio venerunt apud Northamptonam ad Regem univerſi, & a Comite Ceſtrenſi incipientes, reddiderunt ſinguli Caſtella & Municipia, honores & cuſtodias Regi quae ad Coronam spectare videbantur. So in 1 R. 2. rot. Parl. n. 48. 10 R. 2. c. 1. 1 H 4. rot. Parl. nu. 100. 6 H. 4. rot. Parl. n. 14. 8 H. 4. rot. Parl. nu. 29. 52. 1 H. 5. rot. Parl. n. 9. 1 H. 5. c. 3. 26 H. 6. rot. Parl. n. 54. 29 H. 6. n. 17. 31 H. 6. c. 7. 35 H. 6. n. 47. 4 E. 4. rot. Parl. n. 39, 40. 7 E. 4. rot. Parl. n. 8. 8 E. 4. rot. Parl. n. 26. 13 E. 4. rot. Parl. n. 6. There are ſeveral reſumptions and revocations made by Acts of Parliament, of the Grants of our Kings, of the Lands and Revenues of the Crown, to the publique prejudice, and reſtitution of them made to the Crown, for the better ſupport thereof, and eaſe of the people in their publique Taxes; as being not valid nor obligatory to thoſe Kings who made them, much leſſe to their Succeſſors; eſpecially when made by thoſe who (though Kings de facto) had no juſt Title to the Crown. Therefore King Johns Charters upon this account might more juſtly be declared void, and repealed (if ever valid) then any others repealed by theſe Acts, which conveyed not the whole Kingdoms of England and Ireland, but only ſome parcels of the Crown Lands and Revenues, ſtill held of our Kings by rents and ſervices, as ſupreme Lords.
3ly. By this reſolution of (f) Matthew Paris himſelf, and the Lawyers of England, a Hiſt. Angliae, p. 868.Anno Dom. 1251. in the caſe of King Henry the 3d. his ſecret mortgage of his Realm to the Pope, for monies borrowed of him in his Wars, and disburſed therein by the Pope; which they declared to be null, void, and blaſted at leaſt by Gods divine Judgement: Ipſo quoque tempore Rex ſecus quam deceret aut expediret, ſe, ſuumque Regnum ſub poena exhaeredationis, quod tamen facere nec potuit, nec debuit, Dom: Papae obligavit, ad ſolutionem totius the ſauri, quam in expeditione ſui belli pro ipſo Rege foret expoſiturus. Unde Papa nulla gerens ſuper Anglia viſcera pietatis, largè, imo prodigaliter, mutuo pecuniam ab Italicis Ʋſurariis (quos Mercatores vocant) accepit. Quam ipſomet Papa extorquente, & mulgente a Rege, Anglia ultimae ſervitutis pediſſequa, ſolvere cogeretur. Sed justo Dei judicio tota illa innumerabilis pecunia, rapta & praedata, penitus nullum vel Papae vel Regi commodum ſuſcitavit. If this King could not morgage his kingdom to the Pope for monies lent, much leſſe could King Iohn ſurrender his kingdoms of England and Ireland to the Pope and his Succeſſors, and reſume them under an annual Rent, without any conſideration.
4ly. The (1) Title of the Crown and kingdom of France being devolved by meerb See Walſingham, Holinſhed Speed, Daniel; An: 14. E. 3. & the Parliament Rolls. right upon King Edward the 3d: there grew ſome fears and jealouſies in the Nobility and Commons of England, that they ſhould be put in ſubjection to the Crown and Realm of France, againſt Law, and their antient privileges: to prevent which, the King and Parliament in the 14 of Edward the 3d. Statute 4. paſſed a ſpecial Act, printed in our Statutes at large, declaring, That the Realm of England never was, nor ought to be in ſubjection, nor in the obeyſance of the Kings of France, nor of the Realm of France. And then Enacted, That the King of England or his Heirs, by colour of his or their Titles to Notá.the Crown, Seal, Arms and Title of the King of France, ſhould not in any time to come put the Realm of England, or people of the ſame, of what eſtate or condition ſoever they be, in ſubjection or obeiſance of him, nor his heirs or ſucceſſors, AS KINGS OF FRANCE: nor be ſubject nor obedient, but ſhall be free and quit of all manner of ſubjection and obeyſance, as they were wont to be, in the times of his Progenitors Kings of England FOR EUER. If the Kings of England themſelves could not thus put the Realm, or all or any one of their Engliſh ſubjects in ſubjection and obeyſance to the kingdom and Crown of France, as they were Kings of France, when rightfull Kings both of France and England, as this Act declares and reſolves; much leſſe then could King John, without their aſſent, ſubject both himſelf, his Crown, kingdoms of England and Ireland, and all his Succeſſors to the Pope, under Homage and an Annual Tribute,c Walſingham, Hiſt. p. 112. Speeds Hiſtory, p. 688. Daniels Hiſt. p. 220. Henry de Knyghton de Eventibus Angliae, l. 8. c…l. 2556. he having not the leaſt colour of Title or Right to either, and to whom they were not formerly ſubject, as the Engliſh were to King Edward before the Crown of France deſcended to him, being their lawfull King.
5ly. In the Parliament of 2 E 3. The exceſſive Dower of Queen Iſabel, the Kings Mother, was by common conſent of Parliament reſumed into the Kings hands, as prejudicial to the King, kingdom, and not ſetled by Parliament, and ſhe reduced to an annual penſion of One thouſand pounds by the year in lieu thereof; or 3000. Marks, as Henry de Knyghton ſtories; No Joyntures of our Queens being irrevocable in Law, unleſſe confirmed by Parliament, aSee An Exact Abridgement of the Records of the Tower, p. 430, 433, 439, 443, 444, 471, 473. 510, 565, 566, 568, 569, 654, 655, 683,as moſt have been.
6ly. All the Commons of England in their Petition, with the King, Lords, Commons, and whole Parliament of 16 R. 2. in c. 5. of Praemunire, declare and reſolve, That the Crown and Kingdom of England hath been ſo free at all times, that it hath been in ſubjection to no Realm, or forreign power, but immediately ſubject to God, and to none other. Which by Popes Proviſions and ſuites in the Court of Rome for Benefices and other particulars (reſtrained in this Act under the penalty of a Praemunire) ſhould in all things touching the Regality thereof be ſubmitted to the Biſhop of Rome, and the Lawes and Statutes of the Realm be by him defeated, and fruſtrated at his will, to the deſtruction of the King, his Soveraignty, Crown, Regality, and of all his Realm; in defence whereof in all points, they would live and die, againſt the Popes uſurpation theron, reſtrained, highly puniſhed by this Law. If then the Reſolution of this whole Parliament, King & kingdom be true, King Johns ſubjecting and reſignation of his Crown, kingdoms to the Pope and his ſucceſſors, and Homage to them as their Vaſſal and Feudary by this Charter, muſt needs be voyd, null, as being moſt deſtructive to his Soveraignty, Crown, Regality, and both Realms of England and Ireland; and the ground of all Papal Encroachments complained of in this Statute of King Richard.
7ly. It is often adjudged, reſolved in our b21 E 3. 39. 24 E 3. 42. Fitzh. Q…. Impedit 35, 53, 54 115, 118, 189, Preſentment al Eſgliſſe 1 i. Livery 23. 1 H 5 Executors, 1. 8. 34 H 6. 34. 35 H 6. Fitzh. Deviſe 5. Plowden f. 245, 251. 256. 21 E 4. f. 45. b. Cook 3 Re…: f. 97. 1 Inſtit. f. 15. b. 16. a.Law-Books, cHills Chronicle f. 10. 1…. … Daniel f. 122, 138, 138.Hiſtories, and the Statutes of 16 R. 2. c. 1. 4. 1 H 6. c. 5. 1 H. 6. rot. Parl. n. 18. 21 R. 2. c. 9. 7 H. 4. 6. 25 H 8. c. 22. 26 H. 8. c. 13. 35 H. 8. c. 1. 1 Mariae, c. 1. & Parl. 2. c. 1, 2. 1 Eliz: c. 13. 13 Eliz: c. 1. 1 Jac. c. 1. That the Kings of England can neither by their Charters nor laſt Wills, alter, change, entayl the hereditary diſcent and ſucceſſion of the Crown of England, or diſinherit the heir thereof, without the general conſent of the whole Nation by ſpecial Acts of Parliament; nor yet demiſe, grant, ſell, alien or pledge the antient Jewels, goods, lands, rents, revenues, ſhips, forts, or ammunition of the kingdom, without particular Acts of Parliament enabling them; That all the Lands purchaſed by our Kings to them and their heirs, either in Gavelkind, Burrough Engliſh, or other Tenure, ſhall not deſcend to the Kings younger ſons; nor the Crown and Crown-lands (where there are two daughters) deſcend to, or be divided between both, as in caſes of common perſons; but all Lands and poſſeſſions whereof the King is ſeiſed in Ius Coronae, ſhall ſecundum jus Coronae, attend upon and follow the Crown (as all Wards, preſentations, and debts to the Crown, in the deceaſed Kings life-time, do likewiſe follow, and not go to the Kings Executors) and ſhall all deſcend, come to him or her alone to whom the Crown deſcends, for the better ſupport of the King, kingdom, and eaſe of the people from unneceſſary Aydes; (As was reſolved in the caſes of dFox Acts and Monuments, Vol. 3. p. 13. 16. 17.Queen Mary, Queen I…ne, and Queen Elizabeth, againſt the Will of King Edward the ſixth, ſetling the Crown on Queen Iane, contrary to the Common Law, and two Acts of Parliament, whereupon it was adjudged void, though ratified under the Great Seal of England, and by the ſubſcription of all the Privy Council, Nobles, and Judges, except Hales) Therefore, à fortiori, our Lawes muſt null theſe Alienations of King Iohn, and Penſion to the Pope, as void and illegal to all intents, being never ratified by common conſent in Parliament, but oft proteſted againſt therein as invalid, as the premiſes demonſtrate.
8ly. It is declared, adjudged by e1 E 3. c. 3. 5 R. 2. c. 6. See Brooks Abridgment, & Aſhes Tables, tit. Dureſſe.ſeveral Acts of Parliament, and all our Lawbooks, That Feofments or Obligations made by menaces, force and Dureſſe, are voydable, and not obligatory in point of Law. To inſtance in particulars of greateſt publike concernment. In the Grand Parliamentary Council about the year of Chriſt 536. under our famous fGalfrid. Monmutenſis Hiſt: Regis Brit. l. 10 c. 10, 11, 12, 13, 14.Britiſh King Arthur, wherein were ſundry Kings, Princes, Dukes, Earls, Nobles, Archbiſhops and Biſhops preſent; this King receiving a Letter from the Roman Senate, and their Procurator Lucius Tiberius, exacting the payment of the annual Tribute due to the Roman Senate and State from the Britons, which the Roman Emperor Julius Caeſar reſerved and commanded them annually to pay to the Romans upon their conqueſt of them: The Letter being read before the King and this Great Council, they all unanimouſly adjudged: That this Tribute was exacted exirrationabili cauſa, becauſe it was exacted by Julius Caeſar, who, invited by the diviſions of the old Britons, arived in Britain, and by force and violence ſubiected it to their power, ſhaken with domeſtick commotions. Now for that they obtained it in this manner by force, Uectigal ex ea injuſte ceperunt; Nihil enim quod vi et violentia acquiritur, juſte ab ullo poſſidetur, qui violentiam intulit. Irrationabilem ergo cauſam praetendit, quamvis Iure ſibi tributarios arbitratur. Whereupon they all peremptorily reſolved not to pay id quod iniu…tum eſt, being thus extorted by force. The very caſe of the Rent, Penſion, annual Tribute and Surrender of King John, extorted from him both by force and fraud. 2dly. Upon this very ground, King aIngulphi Hiſt Mat. Paris, Mat Weſtm. Huntingdon, Hoveden, Walſingham, Ypodigm. Brompton, Higden, Polychronicon, Fabian, Knighton, Holinſhed, Daniel, Stow, Grafton, Sir Jo H…ywood and others in the Life of K. Harold. Radulphus de D ce…o Abbreviationes Chronicon col. 481. Eadmerus Hiſt. Novor: l. 1. p. 5. &c.Harold receiving a Meſſage from William the Conquerour before he actually invaded England, That according to his covenant with, and Oath made to him whiles in Normandy; that the Realm of England ſhould remain unto him after the death of Edward the Confeſſor, he would deliver him the poſſeſſion thereof, to avoid effuſion of Chriſtian blood; returned this anſwer to him, That he made this Oath through force and fear of death, whiles under his power in Normandy: That a forced Oath is not to be kept; For if an Oath which a Virgin had knowingly made concerning her body in her fathers houſe, without her parents aſſent, was revocable and void: much more the Oath which he being under the Scepter of the King, had made without his knowledge, by compulſion, ought to be nulled and made voyd. Moreover he affirmed, Nimis praeſumptuoſum fuiſſe, quod abſque generali conſenſu Regni haereditatem vobis juraverat alienandam. That King Edward being then living, he could neither give away the kingdom in poſſeſſion or reverſion to him or any other, without the Kings conſent, ET SINE POPƲLICONSENSV, SENATƲS DECRETO ſuper Regnum Angliae mulierem extraneam inconſultis Principibus me non debere, nec ſine grandi injuria poſſe adducere, novit. That however he and Edward had tampered for the Kingdom, yet Edward himſelf coming in by Election, not by any title of Inheritance, His promiſe (that he ſhould enjoy it after him) was of no validity; for how could he give that, wherein he was not intereſſed? All which Allegations militate moſt ſtrongly againſt the validity of King Johns Charter, Penſion, and Oath of Homage to the Pope, gotten by meer force, from one who had no right to grant, or alienate his kingdoms, or prejudice his Succeſſors. 3ly. The * Barons having by force of arms extorted the Confirmationb Mat. Paris, p. 243, to …49. Speeds Hiſtory. of the Great Charter from King John, Pope Innocent the 3d. himſelf upon King Johns complaint unto him againſt this force, repealed and nulled the Great Charter of their Liberties by his Bull, upon the account of force and fraud, Videns ſe omni conſilio & auxilio deſtitutum, quicquid illi auſi ſunt petere, non eſt auſus ipſe n…gare. Unde compulſus eſt per vim et metum, qui cadere poterat in virum etiam c Mat. Paris, Hiſt. p. 256, 257.conſtantiſſimum, compoſitionem inire cum ipſis, non ſolum vilem et turpem, verum etiam illicitam et iniquam; in nimiam derogationem ac diminutionem ſui juris pariter et honoris, &c. Nos tantae malignitatis audaciam diſsimulare nolentes in Apoſtolicae ſedis contemptum, Regalis juris diſpendium, Anglicanae gentis opprobrium, &c. niſi per authoritatem noſtram revocarentur omnia, quae a tanto Principe Cruce ſignato taliter ſunt extorta; et ipſo volente ea ſervare, ex parte Dei omnipotentis Patris et Filii et Spiritus ſancti, authoritate quoque Apoſtolorum ejus Petri et Pauli ac noſtra, de communi fratrum noſtrorum conſilio, compoſitionem hujuſmodi reprobamus penitus et damnamus, ſub intimatione Anathematis; prohibentes ne dictus Rex eas obſervari praeſumat, aut Barones cum complicibus ſuis ipſam exigant obſervari; tam cartam quam obligationes, & cautiones quaecun que pro ipſo vel de ipſa ſunt factae, irritantes penitus et caſſantes, ut nullo unquam tempore aliquam habeant firmitatem. Therefore from this Popes own reſolution againſt the Great Charter, within two years after King Johns moſt deteſtable Charter to himſelf of his kingdoms ſurrender, homage, and annual penſion, made with greater evidences of external and internal force, fear▪ (beſides apparent fraud) more injurious to the Kings Crown, opprobrious to the Engliſh Nation, then his Grand Charter to the Barons thus nulled, repealed, as never to be obſerved by the King or Barons, muſt much more then be void, and the obſervation thereof to be never exacted by the Pope or his complices. VponUpon this Account the *See Cooks 2 Inſtit. the Preface▪ Mat. Paris, p. 305, 306, 311, 312, 314, 324, 325, 375, to 385. 390, 391, 416, 420, 421, 451, 452, 624, 879.Great Charter was afterwards reconfirmed by New Oathes, and ſeveral Parliaments, without any force or fear upon our Kings, to take away all diſputes concerning its validity. 4ly. Iudgements, Acts of Parliament themſelves when obtained by force, fear, fraud, circumvention, derogatory to the Kings Prerogative, and Rights of the Crown, have been totally repealed, nulled, and declared void by ſubſequent Parliaments for theſe very reaſons; wiineſſe the Parliament of 15 E. 3. reverſed by 15 E. 3. Stat. 2. in the print, but in truth by 17 E. 3. rot. parl. nu. 3. the Parliament of 10 R. 2. reverſed by 11 R. 2. c. 3. & rot. Parl. nu. 70. 113. & 21 R. 2. repealed by 1 H. 4. c. 3. the Parliaments of 38 & 39 H. 6. & 17 E. 4. c. 7. 1 Rich. 3. reverſed by 1 H. 7. c. 1. Therefore much more ought King Johns forced Charters to be null and voyd upon this account, by the Fundamental Lawes of England, wherewith the Civil Law accords, it being a principle in that Law ratified by a perpetual Edict, aCod. de Tranſactionibus l. Interpoſitas, Honorius & Theodoſius Cod de iis quae vi & metu geſta ſunt L. VenditurusInterpoſitas metu tranſactiones ratas non haberi. And the Emperors Honorius and Theodoſius in their Code of Lawes, command, That thoſe Sales, Donations and Tranſactions ſhall be void, quae per potentiam extortae ſunt, which are extorted by power, as King Iohns Charter was.
5. Pope Paſcalis the 2. being in the Army of the Emperor Henry the 5th. almoſt inb Abbas Uſpergenſ. Chron. Ann. 1111, 1112▪ p. 255, 256. Alb. Stadius & Nauclerus, An. 1112. nature of a priſoner, about Inveſtitures per Annulum & Baculum, of which he endeavoured to deprive the Emperor, after many conteſtations about them, did reſign up the right of Inveſtitures to the Emperor when he crowned and anointed him, Dato ſibi in praeſenti per manum Apoſtolico ſub ttstimonio aſtantis Eccleſiae, privilegio inveſtiturae Eccleſiaſticae, juxta quod utriuſque praedeceſſoribus placuerat, & permanere conſueverat, cuius invulſibilem ſtabilitatem Dominus Papa mox ſub Anathemate confirmavit: Whereupon they all ſang Gloria in excelſis, &c. ſuppoſing all ſchiſmes and ſcandals utterly aboliſhed thereby out of Chriſts kingdom. After which the Pope with all his Biſhops, Cardinals, Clerks, as well great as ſmall, proſpera Imperatori imprecantibus, & nimio amoris vinculo eum aliquandiu deducentibus per Longobardiam ad Alpes, inde ad terras Germanicas foeliciter eſt reverſus. The very next year this Pope calling a Council of Biſhops to Lateran, Gerhard Biſhop of Engoleſm read the Popes Writing made to the Emperor before all the Council; Privilegium illud, quod non eſt Privilegium, ſed verè dici debet PRAVILEGIUM pro liberatorum captivorum Eccleſiae, à Domino Paſchali Papa, per violentiam Regis Henrici extortum. And upon this pretext, that it was extorted by force, they all paſſed this ſentence upon it; Omnes hoc in ſancto Concilio congregati canonica cenſura, et autoritate Eccleſiaſtica iudicio ſancti Spiritus denunciavimus, et irritum eſſe iudicamus, et omnino ne quid autoritatis et efficacitatis habeat penitus excommunicamus: et clamabant omnes Amen, Amen. 6ly. After him, *Mat. Weſtm. Anno 1301. p. 421, 422.Pope Boniface the 8. Ann. 1301. in his Bull to K. Edw. the 1. (relating ſome things done by the Kings of Scotland, which ſeemed prejudicial to their Rights, whereof the King of England took advantage to prove his Soveraign Dominion over Scotland) reſolved; Et licet contra morem ſolitum aliqua fuerint hactenus in prejudicium▪ ea tamen utpote per vim et metum, quae cadere poterunt in conſtantem, illicita, nequaquam debent de Iure ſubſiſtere, aut in eiuſdem Regni praeiudicium redundare. If then Pope Paſchal the 2. and the whole Lateran Council adjudged his Charter or Bull of Priviledge, ſurrendring up to the Emperor only his antient, juſt right of Inveſtitures, to be null, void, and of no efficacy at all, becauſe extorted from the Pope by violence of the Emperor, notwithſtanding his confirmation of the irrepeleable efficacy thereof with an Anathema, his, and all his Biſhops, Cardinals, and Clergyes approbations thereof, prayers for the Emperor, and great expreſſions of love and loyalty to him when and immediately after it was made, but the very year before. And if by Pope Boniface his reſolution, things done through force or fear ought not to ſtand in Law, or be prejudicial to the Realm of Scotland, All Popes and their Advocates, unleſſe ſtrangely intoxicated or blinded with partiality, muſt now at laſt acknowledge, that King Johns Charter extorted from him, with greater force, violence, fear, then that from Pope Paſcalis, deteſtable to all the world, diſhonourable to the King, deſtructive to the Crown and its Regalities, prejudicial to the whole Kingdom, and ſo frequently condemned, abominated in all ages; and the Annual Penſion, Oblation granted in it, was originally null, void, unobligatory in it ſelf both to King John, his Succeſſors and Kingdoms, for all the premiſed reaſons and Authorities.
I have thus largely inſiſted on the proof of this Charters nullity for 2. reaſons. 1. Becauſe Popes and their Paraſites have ſo much vaunted of, and inſiſted on it in former and late times, as intitling the Pope to the ſupreme Dominion and Soveraignty of England and Ireland, and the Annual Penſion of one Thouſand Marks, as the grandeſt evidence of our Kings and Kingdoms vaſſalage to the Church of Rome. 2ly. Becauſe it was the principal ground, occaſion, introduction to all ſubſequent intollerable Uſurpations, Enchroachments, Exactions of Popes upon our Kings, Kingdoms, Churches, Rights, Priviledges, Properties; the ſubverting, nulling whereof, will null and invalid all other Uſurpations founded on, or ſpringing from it. Which conſiderations may juſtly excuſe my prolixity in diſcuſſing its invalidity, and dipreſſing ſomewhat therein from my Chronological order.
I now return to my Hiſtorical method, from the time of this Charters ſealing.
The Pope and his Legate Nicholas having by this Charter in a manner dethronedAn. Dom. 1213 King John of his Regal Dignity, Authority, and made themſelves more then Kings, Lords both of England and Ireland in their own apprehenſions, began forthwith to play REX, to ſhew themſelves profeſſed Tyrants, uſurping the ſoveraign Authority both in Church and State, preſenting to all Biſhopricks, Abbies, Spiritual Promotions, and Benefices then void, without the Patrons conſent, by way of Proviſion and Collation, (which they oft attempted, but never could effect till now) to the prejudice of the Crown, and inthralling of the Church of England, not vouchſafing to conſult either with the King himſelf, the Archbiſhop or Biſhops concerning their diſpoſal: Thus ſtoried by Matthew Paris.