Historical Vindication Part 2, Chapter 3

Historical Vindication Part 2 · Chapter 3

p. 48CHAP. III.

SECT. III.

Compriſing ſome remarkable Generall Hiſtoricall Collections; proving the limited Power and Prerogative of the firſt Saxons Kings of England, diſabled to make any Lawes, Warre, Peace, alienate their Crown Lands, impoſe any Taxes, Tributes in any Neceſſity, or kind whatſoever, but in and by common conſent in the Generall Parliamentary Councils of their Nobles and Wiſemen, which they were obliged to ſummon upon all occaſions, when there was need, and to govern their people juſty according to Law. The Saxons proceedings againſt their Tyrannicall oppreſſing Kings; and the ſevere Judgements of God upon ſome Saxon Subjects, for their Perjury, Treachery, diſloyalty, Rebellion againſt; expulſions, murders of their lawfull Soveraignes, and unrighteous violent diſinheriting the Chriſtian Britons by the ſword, of their Native Country.

THe Britiſh Kings and Britons,Anno Dom. 586. being for their Tyranny, Perjury, Treachery, Injuſtice and other ſinnes related, reprehended by Gildas, driven out and diſpoſſeſſed of their Royalty and Country by the SaxonsaaMath. Weſtm. Anno 586. p. 208. Fabian, Grafton, Holinſhed and others. they (about the year of our Lord 576.) divided it into ſeven Kingdomes, and ſet up ſeven Kings in ſeverall parts of the Iſland; who ſoon after waged civill Warres, and more than civill Warres one with another. Theſe Kings all agreed, utterly to delete the name of Britain, and the memory of the Britons; Whereupon they by common conſent ordained. That p. 49the Iſland ſhould not be called Britain from Brute, but England. bbAndrew Hor…es Mirrour of Juſtice, c. 1. Sect. 2. p. 7, 8, 9, Malmes bury, Huntingdon, Beda, Ethelwerdus, Holinſhed, Speed, and others.Theſe Kings were at firſt elected by the Saxon Nobles and People, to reign over them, to govern the people of God, and TO MAINTAIN and DEFEND THEIR PERSONS and GOODS IN PEACE BY THE RULES OF RIGHT. Prep. 1, 2, 3, ….And at the beginning (ſo ſoon as they turned Chriſtians) they made their Kings to ſwear, that they ſhould maintain the Chriſtian faith with all their power, and GOVERN THEIR PEOPLE BY RIGHT, without reſpect to any perſon, and ſhould be SUBJECT TO SUFFER RIGHT AS WELL AS OTHERS OF THE PEOPLE. And although the King ought not to have any Peer in his Land, for as much if he did wrong, or offended againſt any of his people, he, or any of his Commiſſioners, ſhould not be both Judge and party, it behoved of RIGHT, THAT THE KING SHOULD HAVE COMPANIONS FOR TO HEAR AND DETERMINE IN PARLIAMENT ALL THE WRITS AND PLAINTS OF THE WRONGS OF THE KING, OF THE QUEEN, AND OF THEIR CHILDREN, and eſpecially of thoſe, OF WHOSE WRONGS ONE COULD NOT HAVE RIGHT OTHER WHERE. And theſe Companions are now called Counts, after the Latine word Comites; every o…e of which had at firſt a Country delivered to him, to guard and defend it from the Enemies; which Country is now called a County, and in Latine Comitatus: and theſe Counties, together with the Realm, were turned into an Inheritance. So Horne in his Mirrour of Juſtice▪ in the reign of King Edward the firſt.

Theſe Engliſh Saxons from the firſt Settlement of their K…gdomes and Monarchies, had no Soveraign Power at all t… make, alter, or repeal Lawes, impoſe Taxes, or alien their Crown Lands, but onelyonly by common conſent in General Parliamentary Councils, much leſſe to impriſon, con…emn, exile, out-law any m…ns perſon, or to deprive him of his Life, Lands, Goods▪ Franchiſes, againſt the Law, without any Legall triall, as theſe Subſequent Hiſtoricall Collections will at large demonſtrate.

p. 50That they had no Power nor Authority to make,Propoſition 5. alter or repeal any Lawes, but onelyonly by common advice and conſent of their Nobles and Wiſe-men, in their Great Parliamentary Councils of the Realm, is evident by this paſſage of our VenerableccEccleſ. Hiſt. Gentis Anglorum l. 2. …. 5. Huntingd. Hiſt. l. 3. p. 226 Malmesbury De Gestis Regum Ang l. 1 c. 1. Chron: Johann: Brompton col; 738: Beda, concerning Ethelbert King of Kent, Anno 605.the firſt Chriſtian Saxon King and Law-maker: He, about the year of Chriſt 605. Inter caetera bona quae genti ſuae conſulendo conferebat, etiam Decreta illi, juxta exempla Romanorum, CƲM CONSILIO SAPIENTƲM CONSTITƲIT. Quae conſcripta Anglorum ſermone, hactenus habentur, & obſervantur ab ea. In quibus primitus poſuit, qualiter id emendare deberet, qui aliquid rerum vel Epiſcopi, vel reliquorum ordinum furto aufernt, volens ſcilicet tuitionem eis, quos, & quorum doctrinam ſuſceperat praeſiare. Malmesbury and Huntingdon write of him. Quin etiam curam extendens in poſteros LEGES PATRIO SERMONE, TƲLIT, quibus bonis praemia decerneret, improbis per remedia meliora occurreret, NIHIL SƲPER ALIQƲO NEGOCIO INFƲTƲRƲM RELINQƲENS AMBIGƲ ƲM. The firſt Law this Chriſtian King ever made BY THE COUNCIL OF HIS WISE-MEN, was for God, his Church and Miniſters, to protect them and theirs from violence (a Jove principium:) and the next for to Protect Great Councils and their Members from Injury: thus recorded byddConcil. Tom. 1. p. 127. Propoſition 3. Sir Henry Spelmau, out of a famous ancient Manuſcript called Textus Roffenſis.

1. Quicunque Res Dei vel Eccleſiae abſtulerit, duodecima componat ſolutione; Epiſcopires, undecima ſolutione; Sacerdotis res, nona ſolutione; Diaconires, ſexta ſolutione; Clerici res, trina ſolutione: Pax Eccleſiae violata duplici emendetur ſolutione: Pax (Monachi) duplici etiam ſolutione.

2. Si Rex populum ſuum convocaverit,Propoſition 5. 6 & hos ILLIC. quiſpiam injuria afficerit; duplex eſto emendatio, & praeterea 50. Solidos Regi pendito. Let the forcers of Parliaments conſider it.

To theſe I might ſubjoyn, all the Eccleſiaſticall and Civil Lawes, Canons, Conſtitutions of all our other Saxon Kings, before the Normans reign, recorded in Mr. Lambards p. 51Archaion, and ſcatteringly mentioned in Beda, Ingulfus, William of Malmesbury, Huntindon, Mathew Weſtminſter, Florentius Wigornienſis, Brompt. Antiquitates Eccl. Britannicae, Mr. Seldens Titles of Honour, Mr. Fox Acts and Monuments, with other Antiquaries and Hiſtorians, all made, altered, amended, repealed from time to time by common advice and conſent in their Great Parliamentary Councils: which, becauſe I have particularly inſiſted on in my Antiquity Triumphing over Novelty, and Hiſtoricall Collection of the ancient Great Councils and Parliaments of England, I ſhall forbear here to repeat at large, being never yet denied by any, and a truth beyond contradiction.

That our Saxon Kings from their original inſtitution, Anno 605.could not alienate or transferre to any other uſes (no not to endow Churches, Propoſition 10.ſupport Gods Worſhip or Miniſters) any of their Crown Lands, Demeſnes or Revenues, without common conſent of their Nobles and Prelates in their Great Parliamentary Councils, is apparent by the three firſt Charters we read of granted by eeChronica W: Thorne col: 1761, 1762 2123: Spelm: Concilia, p 118, 119, 120, 126 127.Ethelbert, the firſt Chriſtian Saxon King, to the Church of Peter and Paul in Canterbnry, Anno Dom. 605. Wherein the King, CƲM CONSENSƲ venerabilis Auguſtini Archiepiſcopi AC PRINCIPƲM MEORƲM; by the conſent of Archbiſhop Auguſtine and his Princes, firſt gave and granted a parcell of Land,Propoſition 7. of his Right, in the Eaſt part of the City of Canterbury, to build a Church and Monaſtery to the honour of St. Peter; and after that by a ſecond Charter of the ſame date, confirmed by his own, the Arch-biſhops and Nobles ſubſcriptions thereto, with the Sign of the Croſſe, he gave and granted other Lands in Langeport to God and his Church; and after that by a third Charter, Anno 610. he granted other Lands and Priviledges to it, as a teſtimony of his gratitnde to God, for his converſion from the Errour of falſe Gods to the worſhip of the onelyonly true God; adjuring and commanding in the name of the Lord God Almighty, who is the juſt Judge of all things, that the ſaid Lands given to this Church by the ſaid ſubſcribed Charters, ſhould be perpetually confirmed; ſo that it ſhould not be lawfull for himſelf, nor for any of his Succeſſors, p. 52Kings or Princes, or for any Secular or Eccleſiaſticall Dignity, to defraud the Church of any part thereof. And if any ſhall attempt to diminiſh or make void any thing of this Donation, let him be at preſent ſeparated from the holy Communion of the body and bloud of Chriſt, and in the day of Judgement let him be ſeparated from the fellowſhip of all the Saints.

The two firſt of his Charters and Donations to this Church, were approved and confirmed in a Common Councill aſſembled by this King at Canterbury, 5. January Anno 605. Omnium & ſingulorum approbatione & conſenſu, BY THE APPROBATION AND CONSENT OF ALL AND EVERY OF THEM, as you may read at large in Sir Henry Spelman, and William Thorne.

This truth is further abundantly confirmed by theffSpelmani Concil. p. 198, 227, 228, 334 407, 427, 428 435, 441. Ingulphi Hiſt. p. 851. 853, 864, &c. Malmesbury De Geſtis Regum Angl. l, 1. c: 2. l: 2. c: 6. Math. Weſtm. Anno 794, 797, 945 Charter of Immunities of Withraed King of Kent, granted to the Churches under him, Anno 700. The Charter of Ethelbald King of Mercia to the Church of Croyland, An. 716. The Charter of King Ive, of Lands and Priviledges to the Church of Glaſtonbury, Anno 725. The Charter of King Offa of Lands and Priviledges to the Courch of St. Albanes, Anno 794. The Charter of King Egfred to the ſame Church, Anno 797. The Charter of Bertulph King of Mercia to the Abbot of Croyland, made in the Parliamental Great Council of Biningdon, Anno 850. and of Kingsbury, Anno 851. (a memorable preſident recorded at large by Abbot Ingulphus, Hiſt p. 858. to 863.) the Charter of King Aethelſtan to the Abby of Malmesbury, An. 930. The Charter of King Edmond to the Abbot of Glaſtonbury, Anno 944. and of the ſame Edmund to the Abby of Hyde, Anno 966. and to the Abby of Croyland the ſame year; and to the Abby of Malmesbury, Anno 974. with many other Charters of our Saxon Kings, to Abbies, Biſhops and Churches, recorded in Ingulphus, Malmesbury, Spelman and**Chronicon I…han: Brompt: Chronica W: Thorne, Evidentiae Eccleſiae Chriſti Cantur & Chronologia Auguſt: Cant. others; all which were made and confirmed by theſe Kings, with the conſent and approbation of their Biſhops, Abbots and Nobles, aſſembled in their Great Parliamentary Councils, and ratified, confirmed by them, being elſe void in Law, and repea…lable, as appeares by the Generall p. 53ggSpelmanii Concil: p. 340. Evidentiae Eccleſiae Christi Cant: col: 2018Council of Kingſton, Anno 838. Wherein the Manor of Mallings in Kent, which King Baldred had formerly given to Chriſts Church in Canterbury, being afterwards **Sed quia ille Rex cunctis Principibus non placuit, nolu…runt donum …jus permanere ra…tum, &c.revoked and ſubſtracted from it, becauſe the Nobles offended with the King, would not ratifie that donation, nor ſuffer it to remain firm, was reſetled and confirmed to this Church in and by this Council (ſpecially ſummoned for that purpoſe) by King Egbert and his Son Athelwelfe, CONSENTI ENTIBƲS DEMƲM MAGNATIBƲS: the Nobles now at laſt conſenting to it in this Council, Propoſit. 10.which they refuſed formerly to doe. A clear Evidence of the Noble-mens Negative and Affirmative Voyces to the Saxon Kings grants of their Lands and Charters to pious uſes, and of their invalidity without their concurrent aſſents thereto. In moſt of theſe forecited Charters of our Kings to theſe Churches and Monaſteries, it is obſervable, that they exempted them and their Lands, AB OMNIBƲS PƲBLICIS VECTIGALIBƲS, ONERIBƲS, REGIIS EXACTIONIBƲS, ET OPERIBƲS, niſi in ſtructionibus Arcium, vel Pontium, quae nunquam ull…s poſſint Laxari. From which notwithſtanding KinghhSee Ingulphi Hiſt. p: 853 864. Spelmanni Concilia p: 198, 227, 228. Ive exempted the Abby of Glaſtonbury; and King Aethulwulfe and Beorred the Abby of Croyland; & ab expeditione militari. And therefore, as they could not thus exempt them from publick Tributes, Burdens, Regal Exactions and Services without common conſent in Parliamentary Councils, ſo they could not impoſe any publick Tributes, Burdens, Exactions or Services on them without common grant and conſent in ſuch Councils, (unleſs by ſpecial referrations) as I ſhall by enſuing Preſidents moſt fully evidence.

How carefull the Saxon Nobles and Subjects were from the firſt erection of their Kings and Kingdomes in England, to preſerve their Priviledges, Liberties, Properties, Lawes, from the uſurpations, Invaſions, and arbitrary power of Tyrannical Kings or Uſurpers, and how un…nimous, magnanimous they ſhewed themſelves in their juſt defence, will appear by theſe few Preſidents of their Proceedings againſt their Tyrannicall Oppreſſing Kings, which p. 54I ſhall muſter up together in their Chronologicall Order.

Anno Dom. 756.iiMath. Weſtm. Anno 756: p: 274. Will. Malmesb: De Geſtis Reg. Angl: l: 1: c, 2: p. 15. Henry H…ntindon Hiſt: l, 4, p 341, 342. Chron: Iohann: Brompton col: 770, 796: Speeds Hiſt. p, 2…9. Holinſhed, Grafton, Fabian, and others in his Life. Prop: 1, 2, 3, 4 Sigebert King of the Weſt-Saxons,Anno 756. growing inſolent and proud by the Succeſſes of his Predeceſſors in their Warres, became intolerable to his People, treating them very ill by all kind of meanes, LEGESQƲE ANTECESSORƲM SƲORƲM PROPTER COMMODƲM SƲ ƲM VEL DEPRAVARET, VEL MƲTARET; endeavouring to d…prave or change the Laws of his Anceſtors, for his own private luchre, and uſing EXACTIONS, & CRUELTIES UPON HIS SUBJECTS, ſetting aſid… ALL LAWES. Whereupon his moſt Noble and Faithful Counſeller Earle Cumbra, lovingly intimating to him, the complaints of all the people, perſwaded the King to govern the people committed to his Charge more mildly, and to lay aſide his inhumanity, that ſo he might become amiable to God and man; he thereupon ſoon after commanded him to be wickedly ſlain, and becoming afterwards more cruell to the people, augmented his Tyranny. Ʋpon which the reſt of the P…ers, ſeeing their State and Lives were every day in danger, and the Common Subjects, WHOSE LAWES WERE THUS VIOLATED, being incenſed into fury, all the Nobles and People of his Realm aſſembling together, roſe up againſt him, and upon provident mature deliberation, AND UNANIMOUS CONSENT OF ALL, they (before he had reigned full two yeares) expelled him out of the Kingdom, and elected and made Kenulphus (ſprung from the bloud royall) King in his ſtead. Whereupon flying into the Woods like a forlorn perſon for ſhelter, he was there ſlain by Cumbra his Swineherd, in revenge of his Maſters death. Ita cr…delitas Regis omnem pene Nobilitatem pervagata, in homine ultimae ſortis ſtetit, writes Malmesbury. To which Henry Huntindon addes this memorable obſervation: Ecce manifeſtum Domini Judicium, ecce quomodo Domini juſtitia nonſolum in futuro ſeculo, verum etiam in iſto digna meritis recompenſat. Eligens namque Reges improbos ad contritionem promeritam ſubjectorum, alium diu inſanire permittit, ut & populus pravus diu vexetur, & Rex pravior in aeternum p. 55acrius crucietur, veluti Ed…lboldum regem Merce praeſatum: alium vero cita diſterminatione praeoccupat, ne populus ſuus nimia Tyrannide oppreſſus non reſpiret, & immoderata Principis requitia, citiſſimas ultionis aeternae debito paenas incurrat, veluti Sigebertum hunc de quo tractamus. Qui quanto nequior extitit, tanto vilius a Subulco interf…ctus, a d…lore in dolorem tranſiit. Ʋnde Domini juſtitiae aeternae laus & gloria nunc & ſemper.

In thekkMath: Westm: Anno 758▪ p, 275: Huntindo… Hiſt: l, 4. Speeds Hiſtory p, 254, 367. See Fabian, Holinſhed, Grafton. Propoſ. 1. 2, 3. year of our Lord 758. the people of the Kingdome of Mercia riſing up againſt their King Beornred, Anno 758.pro eo quod populum non EQƲIS LEGIBƲS, ſed PER TYRANNIDEM GƲBERNARET, becauſe he governed his people not by their JUST LAWES, but by arbitrary Tyranny, they all of them, as well NOBLES as IGNOBLE, aſſembled together in one, and Offa a moſt valiant young man being their Generall, they expelled him out of the Realm: which being accompliſhed, BY THE UNANIMOUS CONSENT OF ALL, as well Clergy as People, they crowned the ſaid Offa, King. This Beornred treacherouſly murdered King Ethelbald his Soveraign, whoſe Captain he was, and then uſurped his Crown, but was himſelf deprived of it, and ſlain ſoon after by Offa (who ſucceeded him) by divine retaliation.

So llMath: Weſtm: Anno 957: p, 370. Will: Malmesbury De Geſtis Regum l, 2: c, 7 p, 55. See Huntindon Speed, Holinſh: Grafton, in his Life, and Fabian. Chron: Johann: Brompton col: 863▪ Hen, de Knighton: de …itibus Angl: l, 1: c, 1:Edwin King of Mercia in the year 857. for his Miſgovernment,Anno 957. his deſpiſing the Wiſe-men and Nobles of the Realm, who hated his vicious and oppreſſive courſes, affecting and foſtering ignorant and unrighteous perſons, his forcible expelling the Monkes and others out of their poſſeſſions by armed men, his baniſhing Dunſtan into France for reprehending his vices, and other injurious and Tyrannicall Actions againſt Law and Right, was utterly forſaken and rejected by all his Subjects, and by the unanimous conſent of all, dejected, depoſed from his royall Dignity, and his Brother Edgar Elected King in his place, Deo dictante, & annuente populo, by the dictate of God himſelf and the peoples conſent, AB OMNI POPƲLO ELECTƲS. as our Hiſtorians write.

By theſe Preſidents, pretermitting others, it is apparent, that the ancient Saxons held their Kings Supremacy p. 56to be bounded within the rules of Law and Juſtice; and that they eſteemed their Kings to loſe both the name and office of Kings, when they ceaſed to Govern them according to Law and Juſtice, or exalted themſelves above their Lawes and Liberties; which was not onelyonly the ancient Divinity of thoſe former times, as appeares by Pope Eleutherius his forecited Letter to King Lucius, but the received Law amongſt the Saxons, as is evident by the Lawes of KingmmSpelmanni Concil: p, 622. Edward the Confeſſor, Lex 15. hereafter cited. The Law was the ſole Umpire between theſe Kings and their people; nnSee Lambards Archaion Brompton col: 761which Law, as no Great man, nor any other in the whole Kingdome might violate or aboliſh, as Ive the great Saxon King confeſſeth in his Lawes: So the Kings themſelves were to ſubmit thereto in all things, as well as their Subjects; WhenceooSpelmanni Concil: p, 396, 387; Chron: Iohann: Brompton col: 841. Aethelſtan the Saxon King, in his Prologue to his Lawes, made at the Great Councill of Grat…ley, Anno Dom. 928. by the advice of the Arch Biſhops, Biſhops, Nobles and Wiſe men of the Realm, uſed this memorable expreſſion, as the Law of that age, between King and people; Ea mihi vos tantum modo comparatis velim, QƲAE JƲSTE AC LIGITIME PARARE POSSITIS. Neque enim mihi ad vitae uſum QƲICQƲAM INJƲSTE ACQƲIRI CƲPIVERIM. Etenim cum ea ego vobis, LEGE VESTRA omnia benigne largitus ſum, ut MEA MIHI VOS ITIDEM CONCEDATIS, proſpicitote ſedulo ne quis veſtrum, neve …rum aliquis qui vobis paruerit, offenſi…n…m aut divinam, aut noſtram concit…tis.

Indeed ſome of the Saxons, being too much addicted to Faction, Treaſon, Sedition and Rebellion againſt their Kings, abuſed their juſt Liberties and Priviledges to the unjuſt murther and deſt…ction of their Kings, eſpecially thoſe of the Kingdome of Northumberland; to prevent which exceſſ…s, in the famous Council ofppSpelmanni Concil: p, 291, &c: 29…, …96, 298, 300: Calchuth Anno 787. held … of Northumberland, his Biſhops and Nobles, Anno 787.and Of…. King of Mercians, and his Biſhops and N…lles, there … memorable Lawes and …, both for the Security, Immunity of King and p. 57people, which they with all their Subjects aſſented to; and with all devotion of mind, to the uttermoſt poſſibility of their power, vowed through Gods aſſiſtance to obſerve in every point.

Cap. XI. Of the Duty and Office of Kings: Ʋndecimus Sermo fuit ad Reges & Principes, ut Regimen ſuum cum magna cautela & diſciplina peragant, & cum Juſtitia judicent, ut ſcriptum eſt:qqPſal. 2: 11.Ps 2:11 Apprehendite diſciplinam, ne quando iraſcatur Dominus & pereatis, &c. Habentque Reges Conſiliarios prudentes, Dominum timentes, moribus hon…ſtos, ut populos bonis exemplis Regum & Principum eruditus & confirmatus, proficient in laudem & gloriam omnipotentis Dei.

Cap. XII. De Ordinatione & Honore Regum (who were then rrSee Math. Weſtm: Anno 886: p, 339, 340, 341. Propoſitiongenerally Hereditary not Elective) We decree, that in the Ordination of Kings, none may permit the aſſent of evill men to prevail; but KINGS SHALL BE LAWFULLY ELECTED BY THE PRIESTS and ELDERS OF THE PEOPLE; and thoſe not begotten of Adultery or Inceſt: for as in our times by the Lawes, a Baſtard cannot be admitted to the Prieſthood, ſo neither can he be able to be the Lords annointed: and he who ſhall be born out of lawfull Wedlock ſhall not be King of the whole Realm, and Heire of his Country: the Prophet ſaying; ſſDan: 4: 17▪Know yee that the Lord ruleth in the Kingdom of men, and the Kingdome is his, and he will give it to whomſoever he will,Prop. 7, 8. Therefore we admoniſh all in generall, that they would, with a unanimous voice and heart, intreat the Lord, that he who electeth him to the Kingdome, would himſelf give unto him the regiment of his holy diſcipline to govern his people. Likewiſe honour is to be rendred to them by all men; the Apoſtle ſaying; tt1 Pet: 2: 17, 13:Honour the King: and in another place, Whether it be to the King as Supream, or to Governours, as to thoſe who are ſent by him, for the puniſhment of Malefactors, but to the praiſe of them that doe well. Likewiſe the Apoſtle, uuRom. 12. 1Rom 12:1Let every Soul be ſubject to the higher Powers, for there is no power given but of God: And the powers that are are ordained of God. Therefore who ever reſiſteth the power, p. 58reſiſteth the Ordinance of God, and thoſe, who reſiſt, acquire damnation to themſelves. Let no man detract from the King: for Solomon ſaith: xxEccleſ. 10: 20.Eccl 10:20Thou ſhalt not detract from the King in thy mouth, neither ſhalt thou curſe the Prince in thy heart, becauſe the birds of the air ſhall carry the voyce, and that which hath wings ſhall tell the word. LET NO MAN DARE TO COMMUNICATE IN (or conſpire) THE KINGS DEATH, BECAUSE HE IS THE LORDS ANOINTED: and if any ſhall have adhered to ſuch a Wickedneſſe (or Treaſon) if he be a Biſhop, or any of the Prieſtly Order, let him be thruſt out of it, and caſt out of the holy inheritance, as Judas was ejected from his Apoſtolicall degree: and every one, whoſoever he be, who ſhall aſſent to ſuch a Sacriledge, ſhall periſh in the eternall bond of an Anathema, and being aſſociated to JƲDAS THE TRAITOR ſhall be burnt in ſempiternal burnings, as it is written: yyRom. 1.Rom 1Not onelyonly thoſe who doe ſuch things, but thoſe alſo who conſent to ſuch who doe them, ſhall not eſcape the Judgement of God. For the zzEſth. 2: 21 22, 23.Esth 2:21two Eunuches conſenting to ſlay Ahaſuerus, were hanged on a Gallowes. Conſider what aa1 Sam. 24. 4, 5: c, 26, 7, 8, 9: 2 Sam: 1: 4, to 17.1 Sam 24:41 Sam 24:5David ſaid to the Captaines, when the Lord had ſaid unto him, I will deliver Saul into thy hands; when he found him ſleeping, and was exhorted by the Souldiers to ſlay him; Let this ſin be farre from me, that I ſhould ſtretch forth my hand againſt the Lords anointed. Yea, he cut off the head of that Souldier, who after his death came unto him, proteſting that he had ſlain Saul; and it was reputed unto him for righteouſneſſe, and to his ſeed after him: And it is often proved among you by examples, that WHOEVER HAVE HAD A HAND IN bbSee Dr: Beards T…eatre of God Judgements. Math. Weſtm: An: 786, …02, 821, 838, 854 934, 946. 979 1001, 10…6, 1017, 1054, Prop, 1, 2, 3….THE MURDER OF THEIR KINGS, HAVE ENDED THEIR LIFE IN A SHORT SPACE, & utroque Jure caruerunt, (it ſhould be corruerunt) and have periſhed by both Lawes (civill and ſacred.)

Cap. 13. De Judiciis Juſtis ferendis. Let Great and Rich men execute juſt Judgements, neither let them accept the Perſon of the Rich, nor contemn the Poor, nor ſwerve from p. 59the rectitude of Judgement, or Law, nor receive gifts againſt the innocent, but judge in righteouſneſſe and truth; the Prophet ſaying, Judge juſtly yee ſons of men: Alſo elſewhere, ccLev: 1915.Thou ſhalt not doe that which is unjuſt, nor judge unjuſtly: thou ſhalt not ſtand againſt the bloud of thy neighbour. Likewiſe IſaiahddIſay 1, 17: c, 58: 6, 7, 8▪Isa 1:17 Seek Judgement, releive the Oppreſſed, judge the Fatherleſſe, defend the Widow: then come and let us reaſon together, ſaith the Lord. Alſo elſewhere, Ʋndoe every bond of iniquity, undoe the heavy burdens, let thoſe who are oppreſſed goe free, and break every yoak. Then ſhall thy light break forth as the morning, and thy health ſhall ſpring forth ſpeedily. The Lord ſaith in the Goſpel, eeMath: 7: 2:For with whatſoever judgement yee judge, you ſhall be judged, and whatſoever meaſure you meet, it ſhall be meaſured to you again. Neither ſhall you take BY FORCE FROM ANY ONE THAT WHICH IS HIS OWN; as it is ſaid, ffExod: 20: 17:Thou ſhalt not covet the thing which is thy Neighbours. Thou ſhalt not covet thy Neighbours wife, nor his houſe, nor his oxe, nor his ſheep, nor his field, nor any thing that is his. For the Prophet threatneth, ſaying, ggIſay 5: 8, 9Isa 5:8Isa 5:9Wo to you who joyn houſe to houſe, and lay field to field, till there be no place, that you may be placed alone in the midſt of the earth. Theſe things are in my eares, ſaith the Lord of Hoſts. Again the Prophet crieth; hhPſal: 82: 4Deliver the poor and needy, rid them out of the hand of the wicked. Remember what he deſerveth, who ſhall offend one of theſe little ones: but whoſoever ſhall receive one of theſe, receiveth Chriſt, from whom he ſhall deſerve to hear in the day of Judgement; iiMath. 25, 34:Matt 25:34Come yee bleſſed, inherit the Kingdome prepared for you from the foundation of the world.

Cap. XIV. De cohibendis Fraude, RAPINIS ET TRIBƲTIS eccleſiae INJƲSTE IMPOSITIS. Let Fra…d, Prop. 1, 2, 3.VIOLENCE AND RAPINE BE FEARED; AND NO UNJUST OR GREATER TRIBUTES IMPOSED ON THE CHURCHES OF GOD, then by the Roman Law and THE ANCIENT CUSTOMES OF FORMER EMPEROURS p. 60AND PRINCES HATH BEEN USED. He who deſires to communicate with the holy Roman Church, and St. Peter the chief of the Apoſtles, let him ſtudy to keep himſelf free from this vice of VIOLENCE. So concord and unanimity ſhall be every where between Kings and Biſhops, Eccleſiaſticks and Laicks, and all Chriſtian people: that there may be unity every where in the Churches of God, and peace in one Church concurring in one faith, hope and charity, holding the Head which is Chriſt, whoſe Members ought to help one another, and to love one another with continuall Charity, as he himſelf hath ſaid.kkJohn 13: 35.John 13:35 By this ſhall all men know that ye are my Diſciples, if you ſhall love one another.

Theſe old eſtabliſhed Saxon Lawes and Canons backed with ſacred Scriptures, manifeſt the Duty of our old Saxon Kings, and their Officers towards their Subjects, whom they could not injure, oppreſſe or tax in any kind againſt their ancient Lawes, Cuſtomes, Priviledges; as likewiſe what Loyalty and Obedience the people owed to their Kings: which bounds when their Kings exceeded in an exorbitant manner, you have ſeen how they proceeded with them; and when the people exceeded them on the other hand againſt their Loyalty and Duties, they did not eſcape unpuniſhed. Take but one memorable general preſident in this kind, in the Seditious, factious, rebellious Saxons of the Kingdom of Northumberland, who were infamous for their Inſurrections and Rebellions againſt, and Expulſions and Murders of their Kings. llDe Geſtis▪ Regum Angl. l, 1: c, 3: p, 26.William Malmesbury and mmHiſtoria: l, 4▪ p, 342, 343, 344. Speeds Hiſtory p, 244, 245, 246. See Fabian, Holinſhed, Grafton, Math. Weſtm. Anno 789, 798, 808 8…4, 848, 871 872.Huntindow give us this Abbreviation of their Rebellions, Treaſons, Regecides: Oſulf ſon of Egbrick reigned one year, and was betrayed and ſlain by his Subjects; and made way for Mollo, who reigning diligently for two yeares, was compelled to lay down his Regality, and ſlain by Alred: who ſucceeding him, reigned eight yeares, and then was chaſed out of his Realm, and depoſed by his people from the Throne he had invaded: Adelred Son of Mollo ſucceeding him, reigned three yeares, and then was driven out of his Kingdome, and forced to fly from the face of his Rebellious Dukes and Captaines. p. 61Then Celwold (alias Alfwold) being cried up King, after ten yeares reign, mourned under the Treachery of his Subjects, being ſlain without fault by the Treaſon of Duke Sigga: Oſred his Nephew (the next King) reigned ſcarce one year, and then was chaſed by his Subjects out of the Realm, and afterwards ſlain. Adelred Son of Mollo reigned again four yeares (taking ſevere vengeance againſt thoſe Rebellious Dukes and others who firſt expelled and depoſed him) and then was ſlain by his alwayes moſt wicked people, being unable to avoid the fate of his Predeceſſors, Ardulf his Succeſſor reigned twelve yeares, and then was chaſed out of his Realm by his rebellious Subjects: And Oſwold after him, holding the Title of King onelyonly for twenty eight dayes, was forced to ſave his life by flight unto the King of Picts. After which the Northumbrians preoccupated with the madneſſe of their folly, continued divers yeares without a King. For nnMalmesb: De Geſtis Reg: l, 1. c, 3: p, 26, 27. Speeds Hiſtory p, 248. Alchuvini Opera p, 1667; 1668.many Natives and Nobles, being offended with theſe Rebellions and Murders of their Kings, fled out of their Country, as fearing ſome heavy plague to befall it. Alcuinus, that Country-man (then in France with Charles the great) being ready to return to his Country with gifts to King Offa from Charles the Emperor, thought beſt to continue where he was, writing thus to Offa; That he knew not what to doe amongſt his Country men, amongſt whom no man could be ſecure, or doe any good in giving wholeſome Counſell to them, their holy places being waſted by Pagans, their Altars defiled with perjuries, terra SANGƲINE DOMINORƲM ET PRINCIPƲM FAEDATA, and their very land it ſelf polluted with the bloud of their Lords and Princes; and the raining of bloud then at York, in the Lent time, where their Religion firſt took its beginning in that Nation, preſaged that bloud ſhould come from the Northern parts upon that BLOUDY LAND and Realm of Northumberland, almoſt brought to deſolation for its inteſtine diſſentions, bloud-ſheds and fallacious Oathes (which they violated to their Soveraignes.) The Emperour Charles himſelf, having prepared divers Preſents and Letters to be ſent by Alcuinus and others to King Offa, and King Ethelred, and the Biſhops of their reſpective p. 62Realmes, after his Preſents and Letters delivered into the hands of the Meſſengers; hearing of the murther of King Ethelred, and the Treachery of this Nation to their Kings (by Meſſengers returning through Scotland from King Offa) recalled all his Preſents and Gifts, and was ſo farre incenſed againſt that NATION, which he called PERFIDIOUS, AND PERVERSE, AND MURDERERS OF THEIR KINGS, ESTIMATING THEM WORSE THAN PAGANS, that unleſſe Alcuinus had interceded for them, he had preſently ſubſtracted all the good he could from them, and have done them all the hurt that poſſibly he could deviſe.

**De Geſtis Reg▪ l, 1 …, 3.Malmesbury records, that after Ethelred no man durſt aſcend to the Kingdome, whiles every one feared (in particular) leſt the chance of theſe foregoing Kings ſhould befall himſelf, and would rather live ſafe in inglorious idleneſſe, then reign pendulus in doubtfull danger: Seeing moſt of the Kings of Northumberland departed out of this life by the Treachery and deſtruction by their Subjects. Whereupon they having no King for thirty three yeares, THAT PROVINCE WAS EXPOSED TO THE DERISION AND PREY OF THEIR NEXT NEIGHBOURS; and the Barbarous Danes ſpeedily in great Numbers, invaded, ſpoiled and poſſeſſed it all that time, ſlew moſt of their Nobility and people, till at laſt they were enforced to ſubject themſelves to the power and pleaſure of the Weſt-Saxon Kings, to defend them from the Danes, who infeſted, invaded, and miſerably ſlew, waſted, deſtroyed theſe Seditious, Treacherous King-depoſing, King-murdering Northumberlanders ooHiſtor: l, 4: p. 343, 344, l, 5: p, 312. Watb: Weſtm. An: 873, 875, 876, 886.Henry Huntindon and Mathew Weſtminſter record, that the year before the Northumberlanders trayterouſly ſlew their King Ethelred, there were fiery Dragons ſeen flying through the air; after which followed a very great famine, which deſtroyed many of them; ſoon after the Pagan Nations from Norwey and Denmark invaded and miſerably deſtroyed thoſe of Northumberland and Lindesfa…ne, horribly deſtroying the Churches of Chriſt, with the Inhabitants; at which time Duke Sigga, who unworthily betrayed and ſlew his Soveraign King Alfwold of Northumberland, p. 63worthily periſhed; the whole Nation being firſt almoſt quite conſumed with civill Warres, and by theſe Pagan invaders, whoſe Plague was farre more outragious and cruell than that of the Romans, Picts, Scots, or Saxons Invaſions and Depredations in former ages; they moſt frequently invading and aſſailing the land on every ſide, deſiring not ſo much to obtain and rule over it, as to ſpoile and deſtroy it, with all things therein; burning their houſes, carrying away their goods, toſſing their little children, and murthering them on the top of their pikes, raviſhing their wives and daughters, then carrying them away captives, and putting all the men to the Sword: which ſad and frequent rumours from all parts, ſtruck ſuch terrour into the hearts of King and people, that their very hearts and hands failed, and languiſhed, ſo that when they obtained any victory, they had no joy nor hope of ſafety by it, being preſently encountred by new and greater ſwarmes of theſe Pagan Deſtroyers. The cauſe of which ſore Plague and Judgement he together with ppFlores Hiſt▪ Anno 83…: p, 301, 302.Mathew Weſtminſter, thus expreſſe. In the Primitive Church of England Religion moſt brightly ſhined; but in proceſſe of time all vertue ſo withered and decayed in them, ƲT GENTEM NƲLLAM PRODITIONE ET NEQƲITIA PAREM ESSE PERMITTERENT, that they permitted no Nation to be equall to them IN TREASON AND WICKEDNESSE; which moſt of all appeares in the Hiſtory of the (forecited) Kings of Northumberland▪ For men of every Order and Office, DOLO ET PRODITIONE INSISTEBANT, addicted themſelves TO FRAUD AND TREASON, in ſuch ſort as their impiety is formerly deſcribed in the Acts of their Kings. Neither was any thing held diſgraceful, but Truth and Juſtice, Nec honor niſi, BELLA PLƲS. QƲAM CIVILIA, ET SANGƲINIS INNOCENCIƲM EFFƲSIO & cauſa digniſſima caedis Innocentia. Nor any thing reputed honourable, but more than civill Warres, and effuſion of the bloud of Innocents, and Innocency, reputed a cauſe moſt worthy of death. THEREFORE the Lord Almighty ſent a moſt cruell Nation like ſwarmes of Bees, who ſpared neither age p. 64nor ſex; to wit, the Danes, with the Gothes, the Norwegians, and the Sweeds, the Vandals, with the Priſons, who from the beginning of King Edelwolfe, to the coming of the Normans under King William, waſted and made the fruitfull Land deſolate for 230. yeares, deſtroying it from Sea to Sea, and from man to beaſt. Which ſore and dreadful long continued Judgement of God upon the Land, for thoſe crying ſinnes now abounding amongſt us, as much almoſt as amongſt the Northumberlanders and other Saxons then, may cauſe us juſtly to fear the ſelf ſame puniſhments, or the like, as they then incurred, and the Britons before that under the bloudy Uſurper Vortigenne, unleſſe we ſeriouſly repent and ſpeedily reform them. From theſe unparalleld prodigious Treaſons, Inſurrections, Regicides, Rebellions of theſe Northumberlanders, I conceive that infamous Proverb (uſed by Maximilian the Emperor, and frequent in **Tractatus Joannis Aven…ini de Rebus Turcicis p, 117. Heylins Microcoſmus in Germany.Forraigne and other Writers) firſt aroſe touching the Engliſh: That the King of England was, REX DIABOLORƲM, a King of Devils (not of men or Saints) SƲBDICOS ENIM REGES EJICERE TRƲ CIDARE becauſe the Engliſh (eſpecially the Northumberlanders) ſo oft rebelled againſt, expelled, depoſed and murdered their Kings, beyond the Spaniards, French and other Nations. Which Proverb the late extravagant Proceedings of ſome Jeſuitized pretended Engliſh Saints, have now again revived out of the aſhes of oblivion.

But I hope theſe ſad recited old domeſtick Preſidents will hereafter inſtruct both Kings, Magiſtrates, Parliaments and people, to keep within thoſe due bounds of Juſtice, Righteouſneſſe, Law, Equity, Loyalty, Piety, Conſcience, Prudence and Chriſtian Moderation, which the Lawes of God and the Land preſcribe to both, and the Council of Calchuth, forecited long ſince prefixed them.

That the ancient Engliſh Saxon Kings at and from their primitive Eſtabliſhment in this Realm,Propoſition 1. had no power nor prerogative in them to impoſe any publike Taxes, Impoſts, Tributes, or Payments whatſoever on their people without p. 65their Common Conſents and Grants in their Great Councils of the Realm, for any ſpiritual or temporal uſe, I ſhall evidence by the four firſt General publick Taxes that I meet with in the Hiſtories of their times, which I ſhall recite in Order according to their Antiquity, though I ſhall therein ſomewhat ſwarve from my former Chronological Method, in reciting ſome ſubſequent Lawes and confirmations relating to every of them, for brevity ſake, out of their due order of time, and coupling them with the original Lawes for, and Grants of theſe general Charges and Taxes, to which they have relation, and then purſue my former method.

Henry Huntindon, in the Prologue to his fifth Book of Hiſtories p. 347. writes thus of thoſe Saxons, who firſt ſeiſed upon Britain by the Sword. Saxones autem pro viribus paulatim terram (Britanniae) bello capiſcentes, captam obtinebant; obtentam, adificabant, adificatam LEGIBƲS REGEBANT: not by arbitrary Regal power without or againſt all Law.

The firſt Taxes and Impoſitions ever laid under the Saxon Kings Government, after they turned Chriſtians, upon the people of England, were for the maintenance of Religion, Learning, Miniſters, Schollers, (long before we read of any Taxes impoſed on them for the publick Defence of the Nation by Land or Sea) all and every of which were granted, impoſed onelyonly by common conſent in their Great Councils (before the Name of Parliament was uſed in this Iſland, which being a French word came in after the Normans, about Henry the third his reign) without which Councils grant they could neither be juſtly charged, nor levied on all or any Free-men of this Iſland, by any civill or legall Right, by thoſe to whom they were granted, and thereupon grew due by Law.

1. The firſt General Tax or Impoſition laid on and paid by the Saxon Subjects of this Land appearing in our Hiſtories, was that of Caericſceatae (id eſt CENSƲS ECCLESIAE) in plain Engliſh, Churchets, or Church-Fees; in nature of Firſt-Fruits and Tythes.

p. 66The firſt Law whereby theſe Churchets, Anno Dom. 692.Church-Fees, or Firſt-Fruits were impoſed on the people,Propoſition 1. and ſetled as an annuall duty on the Miniſters (paid onelyonly before that time as voluntary Free-will Offrings to the Miniſters of the Goſpel by devout and liberal Chriſtians) was enacted byqqSpelmanni Concil: Tom: 1: p, 183, 184, 185, 187: Chron: Johann: Brompton col: 761, 762, 766 Ive, King of the weſt Saxons, in a Great Councill held under him Anno Dom. 692. Wherein, by the exhortation, advice and aſſent of Cenred, his Father, Heddes and Erkenwold, his Biſhops, AND OF ALL THE ALDERMEN, ELDERS AND WISE-MEN OF HIS REALM, and a great Congregation of the Servants of God, he eſtabliſhed this Law (among ſundry others) which none might aboliſh. Cap. 4. De Cenſu Eccleſiae: Cericſccata (i.e. Vectigal, or Cenſus Eccleſiae) reddita ſint in Feſto Sancti Ma…tini: Si quis hoc non compleat, reus ſit IX. ſol: & du… decuplareddat ipſum Cericſceatum. So one Coppy renders it out of the Saxon: another thus, Cyricſceata: (ideſt PRIMITIAE SEMINƲM) ad celebre divi Matini Feſtum redduntor: qui tum non ſolverit, qua raginta Solidis mulctator, & ipſas praeterea Primitias duodecies perſolvito. After which there is this ſecond Law ſubjoyned, Cap 62 De Cyricſceatis. Primitias Seminum quiſque ex eo dato domicilio, in quo ipſe natali die Domini c…mmoratur. Theſe Duties were afterwards enjoyned to be paid by the**Lambard: Archaion: Chron. Johann. Brompton col: 341, …58. Spelm: Concil: p, 402, 419, 420, 444. Lawes of King Adelſtan Anno 928. c. 2. Volo ut Cyricſc…atha reddantur ad illum locum cuirecte pertinent, &c. By the Lawes of King Edmund made Anno 944. in a Great Synod at London, AS WELL OF ECCLESIASTICAL AS SECULAR PERSONS ſummoned thither by the King, c. 2. Decimas praecepimus omni Chriſtiano ſuper Chriſtianitatem ſuam dare & emendent Cyricſceattam, id eſt Eccleſiae cenſum. Si quis hoc dare noluerit, excommunicatus: ſit. By the Lawes of King Edgar Anno 965. c. 2, 3.rrSpelmanni Concil: p, 530, 531. and the Lawes of King Aethelred; made by him and his Wiſe-men apud Habam, about the year of Chriſt 1012. Cap. 4. DE CONSƲETƲDINIBƲS ſanctae Dei Eccleſiae reddendis. Praecipimus, ut OMNIS HOMO ſuper dilectionem Dei & omnium ſanctorum DET CYRISCEATTAM, ET p. 67RECTAM DECIMAM SƲAM, ſicut in DIEBƲS ANTECESSORƲM NOSTRORƲM FECIT, quando melius fecit: hoc eſt, ſicut aratrum peragrabit DECIMAM ACRAM: & omnis conſuetudo reddatur ſuper amicitiam Dei, ad Matrem Eccleſiam cui adjacet, ET NEMO AƲFERAT DEO QƲOD AD DEƲM PERTINET, ET PRAEDECESSORES CONCESSERƲNT. **See Gulielmi Sonmeri Gloſſarium Title: Cyricſceattam.By which Laws it ſeemes, that theſe Cyricſceata, or Church-Fees, were of the ſame nature with Tythes, (if not Tythes in truth) and the tenth acre, or tenth part of all their Corn and arable Lands increaſe (Tithes both in thessIrae…eus, l, 4: c, 34: Origen Homil: 11 in Num. Hicron: in Malach: c, 3. Auguſtin: de Tempore Serm: 219. Caſſian que c, 25, 33. Iſiodor Peluſio ta: l, 1. Ep. 317 Antiochus Homil. 120: Concil: Arelatenſe 4: Can: 3. Fathers, Councils, Writers of this and ſome former ages, being uſually ſtiled, Firſt-Fruits) though moſt eſteem them duties different from Tythes. Which duty the people being backwards (as it ſeems) to pay, King Kn…te by the adviſe and conſent of his Wiſe-men in a Great Council Anno 1032. quickned the payment of them by this additionall Law, increaſing the firſt penalty by a ſuperadded fine to the King.**Spelm▪ Concil: p, 563 Chron: Iohann: Brompton col: 920. Cyricſceata (which the Latine Tranſlation renders, Seminum primiciae) ad feſtum Divi Matini penduntor: Si quis dare diſtulerit, eas Epiſcopo undecies praeſtato, ac Regi ducenos & viginti Solidos perſolvito. Et dat omnis Cyricſceot ad matrem Eccleſtam per omnes Liberas domus. I find by the Surveyes and Records of our late Biſhops Revenues; That theſe Churchets of later times were certain ſmall portions of Corn, Hens, Eggs, and other Proviſions paid by each Houſe or Tenement (according to the ſeveral values of them) for the Maintenance and Proviſions of the Miniſters; which were conſtantly rendred to our Biſhops by their Tenants under the name of Cyricſceata or Churchets, **See Spelm: Gloſſarium & Guli: Sonmeri Gloſſaerium Title: Cyricſcea…am.in divers Mannors, till they were lately voted down. This was the firſt kind of publick Tax impoſed on the people for the Maintenance of the Miniſtry: and that onelyonly by common grant and conſent in Common Councils of that age; as were theirttSpelmanni Concil: p. 375, 563, 564, 571 annuall Tributes for Lights, Pariſh Almes, and their Soul-ſhot or Mortuaries at every mans deceaſe, firſt granted by common Conſent in Parliamentary Councils, which I ſhall but name.

p. 682. The ſecond principle annuall Charge or Tribute impoſed on and paid by the people under the Saxon Kings,Anno Dom. 787. was Tythes of the annuall increaſe of their Lands and Goods, Propoſition 1.for the maintenance of Gods Worſhip, Miniſters and Religion; which though due by Gods Law and a Divine Right to Miniſters (as the firſt Law made for their due and true payment recites, and I have lately proved at large in my Goſpel-Plea, &c.) yet they could not be legally impoſed, nor exacted from the people by the Miniſters in foro humano, without publick conſent and grant. Whereupon in the**Centur: Magd: 8▪ c, 9. Spelm: Concil: p, 292, 293, 298, 299, 300 301,. Mr. Seldens Hiſtory of Tithes ch: 8, p, 188, 189. Generall Councill of Calchuth (held in the year of our Lord 787) Cap. 17. Ʋt Decimae ſolvantur; this Law was made. In paying tithes, as it is written in the Law (of God) Thou ſhalt bring the tenth part of all thy Corn and Firſt Fruits into the Houſe of the Lord thy God, &c. Wherefore likewiſe WE COMMAND with an obteſtation, that all men be carefull to render Tithes of all things they poſſeſſe, BECAUSE IT IS THE PECULIAR PORTION OF THE LORD GOD, &c. Which Law being read in that publick Council by Gregory Biſhop of Oſtia, before King Alfwoldus, Arch-Biſhop Eanbald, and all the Biſhops, Abbots, Senators, Dukes and PEOPLE OF THE LAND: they all aſſented to it, and with all devotion of mind, **Let our Tith-oppoſing Souldiers and others obſerve it.according to the uttermoſt of their power, bound themſelves by vow, that by Gods ſupernall aſſiſtance they would obſerve it in all things; ratifying it with the Sign of the Croſſe and Subſcription of their Names thereto, according to the Cuſtome of that age. After which it was read before King Offa in the Councill of the Mer…ians and his Senators, Jambertus Arch-Biſhop of Canterbury, and the reſt of the Biſhops of the Realm, with a loud voyce, both in the Latine and Germane tongue, that all might underſtand it: who ALL WITH A UNANIMOUS VOYCE AND CHEARFUL MIND ASSENTED TO IT, & promiſed that they would (by Gods Grace aſſiſting them) with A MOST READY WILL, to the beſt of their power, obſerve this (and the reſt of the Statutes there made) in all things. And then ratified them with the ſign of the Croſſe and ſubſcription of their p. 69Names thereto. It ſeemes very probable by this Clauſe in the Lawes of uuSpelmanni Concil. p, 621. Hen: de Knyghton De Eventibus Angliae l, 2, col, 2336.Edward the Confeſſor (confirmed by William the Conquerour) Cap. 9. Of Payment of Tithes of Cattel, Bees and other things; Ha…c enim beatus▪ Auguſtinus praedicavit, & docuit: Et haec CONCESSA SƲNT A REGE, ET BARONIBƲS, ET POPƲLO, That upon the preaching of Auguſtine, (firſt Arch-Biſhop of Canterbury) Ethelbert King of Kent, with his Barons and People (aſſembled in a great Parliamentary Council) after their Converſion by him to the Chriſtian Faith, granted Tithes of all things to him and their Miniſters by a ſpeciall Act or Law; (which if true) muſt be about the year of our Lord 603. at leaſt one hundred and eighty years before the Council of Calchuth. But becauſe I find no ſuch ſpeciall Law of his extant in any Author; and this paſſage may be intended of Auguſtine Biſhop of Hippo (flouriſhing about the year of Chriſt 410.) who hath ſever all Homiles concerning the Due payment of Tithes; as Hom. 48. inter Sermones, 59. Sermo De Tempore 219 ad Fratres in Eremo. Sermo 64. and in Pſal. 146. and becauſe this clauſe may be as well intended of King Alfwold, or King Offa, and his Barons and People in the Council of Calchuth, as of King Ethelbert and his Barons and People; I have therefore begun with their Law for Tithes, being extant, certain; whereas the other is but conjecturall: yet made by common grant and aſſent of the King, and his Barons, and People, if there were any ſuch.

After this Councill of Calchuth, I find very many Lawes confirming, continuing, eſtabliſhing in all ſucceſſions of ages, till this day, this charge and payment of Tythes (all made by Common Conſent in Generall Councils or Parliaments, both before and ſince the Conqueſt, which becauſe they are all extant in John Bromptons Chronicle, printed at London, 1652. Mr. Lambards Archaion, Sir Henry Spelmans Councils, Raſtals Abridgement of Statutes, and accurately collected in a Chronological order, by Mr. Selden in his Hiſtory of Tythes ch. 8. where all may peruſe them, I ſhall wholly pretermit them here, and referre the Reader to theſe p. 70Authors: All which Lawes are clear Evidences of the firſt Propoſitions verity.

The third General ancient Saxon Tax and Charge occurring in our Hiſtories,Anno Dom. 727, 793. impoſed on the People, was that ofxxSpelmanni Concil. p▪ 308, to 313, 290, 261. Radulſus de Diceto Abbreviationis Chronicorum col, 446, Chron. Iohann. Brompton col: 754, 776. Rome-ſcot, Propoſition 1.or Peter Pence; to wit one penny out of every Houſe each year, paid on the Feaſt of St. Peter ad vincula; for and towards the maintenance of the Engliſh School and Schollars at R…me: from the payment whereof all the Lands belonging to the Abby of St. Al…anes were exempted by King Offa, by whom this Tax or Almes was firſt granted, for the maintenance of the Engliſh Schollars at Rome, and that by the UNANIMOUS antecedent and ſubſequent CONSENT, of Arch-Biſhop Humbert and his Suffragans, ET PRIMATIBƲIS SƲS ƲNIVERSIS, and of all his Nobles or chief Men, aſſembled in a PROVINCIAL COUNCIL at Verolam, in the year of our Lord 793. This School (as Malmesbury De Geſtis Regum Angliae l. 2 c. 1. and Balaeus Cent. 1. c. 15. record) was firſt founded by King Offa before his going to Rome, which Sir Henry Spelman proves out of Brompton and others: But it appeares byyyMath. Weſtm. Anno 727, p, 265. Mathew Weſtminſter, that this School was there firſt built and endowed with Peter-pence by King Ive 66. yeares before King Off…aes grant and endowment. For he writes; that King Ive going to Rome Anno 727. built a Houſe in that City, by the conſent and will of Pope Gregory, which he cauſed to be called, the School of the Engliſh: To which the Kings of England, and the royall Stock, with the Biſhops, Elders and Clergy-men might come to be inſtructed in the Catholick doctrine and faith, and ſo, being ſtedfaſtly confirmed in the faith, might return home again. For the Doctrine and Schooles of the Engliſh, from the time of St. Auguſtine, were interdicted by the Roman Biſhops, by reaſon of the daily Heriſies which had ſprung up by the coming of the Engliſh into Britain, whiles the Pagans intermixed with the Chriſtians, corrupted both the grace of holy converſation, and the Chriſtian Faith. He likewiſe built a Church, dedicated to the Honour of the Virgin Mary, near to this School, where the Engliſh coming to Rome, might celebrate p. 71divine Myſteries, and be likewiſe buried if they died there. Then he addes,Propo. 1. ET HAEC OMNIA ƲT PERPETƲAE FIRMITATIS ROBƲR OBTINERENT, STATƲTƲM EST GENERALI DECRETO (made in General Council of the Realm) PER TOTƲM REGNƲM OCCIDENTALIƲM SAXONUM, in quo praedictus Ina regnabat, ut ſingulis annis de ſingulis familiis denarius unus qui anglice, ROME-SCOT appellatur, beato Petro, & Eccleſiae Romanae mitteretur, ƲT ANGLI IBIDEM COMMORANTES VITALE SƲBSIDIƲM INDE HABERENT. Which grant, Offa King of Mercians firſt inlarged and granted in his Kingdome (diſtinct from that of Ive) 66. yeares after this, as aforeſaid. This Annuall Contribution towards this Schooles maintenance, was afterwards confirmed, and the due payment thereof preſcribed, under penalties by thezzSpelmanni Concil. p. 445, 446, 517, 530▪ 544, 621, 625 633. Mr. Lambards Archa…n. Johannis Brompt Chron. col. 871. 902, 920. Henr. de Knighton de Eventibus Angliae l, 2▪ col, 235 …. ſucceſſive Lawes of King Edgar, King Ethelred, Canutus, Edward the Confeſſor, and William the Conquerour, made in ſucceſſive GREAT COUNCILS held in their times, BY AND WITH THE ADVICE AND ASSENT OF THEIR ARCH-BISHOPS, BISHOPS, WISEMEN, NOBLES AND SENATORS. in the years of our Lord 967, 1009, 1012, 1032, 1060. (or thereabouts) and 1070. By vertue of which Lawes this Tax was duly paid every year in all ſucceeding ages, till it was finally aboliſhed and taken away by name, by the Statute of 25. H. 8. c. 21. being perverted from its primitive intended uſe, and made a conſtant Revenue by and for the Popes themſelves, againſt the Donors mindes, and their Succeſſors, who ſo long continued it for the foreſaid uſes, of the Engliſh ſchoolings.

Theſe three moſt ancient Taxes and Charges, originally granted, impoſed, and afterwards continued onelyonly by Common grant and Conſent of the King, Nobles, People in Generall Councils and Parliaments, are a moſt pregnant proof of the firſt Propoſition, and of the Peoples moſt ancient Originall Fundamentall Right of Property in their Goods and Eſtates, exempt from all Impoſitions and Tallages whatſoever, but onelyonly p. 72by their free Grants and Conſents in Parliament. For if our ancienteſt Chriſtian Saxon Kings and greateſt Monarchs could not by their Prerogatives or abſolute Power alone, but onelyonly with and by the free and common conſent and grant of their Nobles, Wiſe-men, Prelates and People in the Great Parliamentary Councils of their Realmes, impoſe the Payment of Firſt Fruits and Tithes upon their Subjects, **See my Goſpel Pl…a, for Tithes, &c. 1653.though due by the very Law of God, towards the Maintenance of Gods Worſhip and Miniſters, for the publick good, inſtruction, ſalvation of all their Soules: nor yet the Payment of Peter-pence, for the Maintenance of Learning and Schollars, to ſupply the Miniſtry, and furniſh the Realm with able learned Men, for the common benefit both of Church and State, being things of greateſt Concernment for the Peoples, Kingdomes Happineſſe, Government and Proſperity: much leſſe then could they lay on them any other Tax, Tribute, Aid or Aſſeſſement whatſoever, of leſſe neceſſity and concernment, for any inferior uſes, or for Defence of the Realm by Land or Sea againſt Enemies or Rovers, by their own abſolute Authority, but onelyonly by and with their voluntary Grants and Conſents in Generall Parliamentary Councils of the Realm, Anno Dom. 871, 873, 983, 984, &c.as every rationall man muſt acknowledge.

The fourth Publick Tax or Impoſition on the people in point of time,Propoſition 1. is that of Danegeld (the firſt Civill Tax we everread of) whereof there was two ſorts.See my Humble Remonſtrance againſt the Illegal Tax of Ship-money p, 19, &c. The firſt, paid to the Danes themſelves by way of Compoſition, as to a prevailing Conquering Enemies, to prevent their Plunders, Rapines, Incurſions. The ſecond, paid for the maintenance of valient Souldiers and Mariners, **Mat. Weſtm. An. 871, 873 983, 991, 994 &c. Simeon Dunelmenſis Hiſt. de Geſtis Regum Angliae p, 162, 163, 164, 166 169.to defend the Sea Coaſts and Seas againſt the Invaſions, Piracies of the Danes and other Enemies. The firſt Payment I find of any monies to the Danes by way of Compoſition, was in the year of our Lord 871. When Bernredus King of Mercians compounding friendly with them, Pecuniis Inducias impetravit, obtained a Truce with them for money, as Mathew Weſtminſter records: After this Anno 873. Merciarum Gentes, dato munere, appeaſed thoſe Pagans with a Gift. What the ſum of Money p. 73or Gift was, is not expreſſed, nor how it was raiſed: nor yet upon whom: but the words imply, that it was done by common conſent of the Nobles in a Generall Council, for their Common Preſervation from Plunder (not impoſed or raiſed by the Kings Prerogative without their free conſents in a General Council or Parliamentary Aſſembly, for ſo it was aſſeſſed and levied in ſucceeding times.bbMath. Weſtm. Anno 983, 991, 994 1002, 1007, 1012. Simeon Dunelmenſis Hiſt. col. 162, 163, 164, 168, 166 Anno Dom. 983. The Danes infeſting all the Parts of the Realm, and the people not knowing where or how to reſiſt them; DECRETƲM EST A VIRIS PRƲDENTIBƲS▪ It was decreed by the Wiſe-men, (no doubt in a Generall Councill aſſembled for that end, not by the Kings abſolute Authority) that they ſhould be overcome with Money, who could not be vanquiſhed with the Sword. Wherefore they ſatisfied the Covetouſneſſe of the Danes with the payment of ten thouſand pounds. Anno 991. A Tribute of 10000 l. was given them BY THE ADVICE OF SIRICIƲS, DUKE ETHELWARD AND OTHER NOBLES OF THE REALM, that they ſhould ceaſe their frequent Rapines, Burnings and Slaughters of men which they uſed about the Sea Coaſts. Anno 994. King Aethelred CONSILIO PROCERƲM SƲORƲM, by the Counſell of his Nobles (no doubt in a Parliamentary Aſſembly) gave them a penſion of 16000 l. collected of all England, that they ſhould ceaſe from the Rapines and Slaughters of innocent men: And Anno 1002. the ſame King HABITO CONCILIO CƲM REGNI SƲI PRIMATIBƲS, utile duxit, a Danis dextras accipere, &c. And CONSILIO PRIMATƲM SƲORƲM, by the Counſell of his Nobles (or Chief men) gave them 24000 l. and Anno 1007. CONSILIO PRIMATƲM SƲORƲM, BY THE COUNSEL OF HIS NOBLES. he gave them 30000 l. gathered out of all England, that they ſhould deſiſt from Rapines, and hold a firm Peace with him. Anno 1012. Duke Edric and ALL THE NOBLES OF ENGLAND OF BOTH ORDERS (to wit, the Lords Spirituall and Temporall) were aſſembled together at London before Eaſter (no doubt p. 74in a Great Council) and continued there ſo long till the Tribute promiſed to the Danes ſhould be paid, which was 48000 l. All which is recorded in theſe expreſſe termes by Mathew Weſtminſter, Florentius Wigornienſis and Simeon Dunelmenſis in their Chronicles and Hiſtories of theſe reſpective years; and by Polychronicon, Fabian, Holinſhed, Grafton, Speed and other late Hiſtorians out of them. So as this Tax or Tribute paid to the Danes, was undoubtedly impoſed and levied by common Conſent in the Parliamentary Councils of thoſe times, not by the Kings own Power and Prerogative alone. True it is, King Suanus the Dane having conquered moſt of the Land, exacted it from the people, and levied it perforce againſt their wills, for the payment of his Souldiers: But the Inhabitants of St. Edmonds-bury refuſed to pay it: Whereupon he threatned by force to ſpoile and deſtroy the Town; but in the midſt of his Jollity and Nobles, he ſuddainly cryed out, that he was ſtruck through by St. Edmond with a Sword, or Speare, no man ſeeing the hand that ſmote him: and ſo with great horrour and torment died three dayes after at The…ford: as Hoveden Annal. pars prior: Simeon Dunelmenſis de Geſtis Regum Angliae. Anno 1014. col. 170. Math. Weſtminſter Anno 1014 p. 394. Ranulſus de Diceto, Abbreviationes Chronicorum col. 465. Johann. Brompton Chron. col. 892. Fabian part 6. c. 200 Polychronicon l. 6. c 16. Speed in his Hiſtory l. 7 p. 420. with others relate. A memorable Puniſhment for this his illegal Exaction and Oppreſſion.

As for the Tax of Danegeld impoſed on the People, (to wit) 12 d. as ſome,**Chron. Johan. Brompton col. 957. or 2 s, as others, to be annually paid out of every Hyde or Plowland throughout the Realm, (except the Lands of the Church, and ſome others exempted from it by ſpecial Charters) it was impoſed by Authority and Acts of Generall Councils onelyonly, (not by royall Prerogative) for Defence of the Kingdome by Land and Sea againſt the Danes, and other Enemies and Pirates, as is evident by the Lawes of King Edward the Confeſſor cap. 12. The Black Book of the Eſchequer l. 1. c. 11. Sir Henry Spelman and William Sonmer their reſpective Gloſſarium: Tit. Danegeld▪ p. 75p; 200, 201. Mr. …elden his Mar… Cla…ſum l▪ 2 as I have irrefragably proved at large in My Humble Remonſtrance againſt the Illegal Tax of Ship-mony p, 19. to 25, to which I refer you for fuller ſatisfaction.

Anno 1051:Anno Dom. 1051. this unſupportable Tax of Dane…el… was …leaſed for ever to the People of England by King Edward the Confeſſor, … towards his oppreſſed People,Propoſition … to wit, in the 38. year from the time that Suanus King of the Danes commanded it to be yearly paid to his Army, in the reign of King Ethelbert, Father to this King Edward: Which Abbot Ingulph in his Hiſtory p: 897. Iohn Brompton in his Chronicle col. 938, 9…3. Simeon Dun…lmenſis De Geſt. Reg: Angl: col: 184. Ailredus Abbas Rievalus de Vita & miraculis Edwardi Confeſſ col: 383. Radulfus de Diceto Abbrev. Chron: col: 475 Henry de Knyghton de Eventibus Angl l, 1 c. 9. col: 2331. Mr: Selden in his Marc Clauſum l, 2 Sir Henry Spelman in his G…oſſary, Title D…eg…ld, and others thus relate in Ingulphus words. TRIBUTUM GRAVISSIMUM quod DANEGELD dicebatur, OMNI ANGLIAE IN PERPETUUM RELAXAVIT; & DE TAM FERA EXACTIONE NE IOTA UNƲM VOLVIT RETINERE: re…oring to the People all the mony then collected and brought into his Bed-chamber by his Officers, and there laid in heaps; upon which this moſt holy King (as ſome of theſe record) ſaw a Devil dancing and triumphing with over much Ioy: and calling it, HIS MONY, QUIA INJUSTE ADQUISITA EST DE SUBSTANTIA PAUPERUM; becauſe it was**See Mich. Leckm. Ser 83 & Sueni Roſ…l… Tit. Pedagium. unjuſtly gotten out of the ſubſtance of the poor Subjects. (though by coulour of former Grants by common conſent in Parliamentary Councils) upon which occaſion this good King forthwith reſt… red all that was collected, and perpetually releaſed for the future this great and heavy Tribute (which had continued near fourty years) to the Engliſh-men for ever, ſo that after that day it was no more gathered; as Roger Hovedon Annal: pars prior. p, 447. Hygden in his Polychron: l, 6. c, 24. Capgrave, Surius, Ribadenicra, Holinſhed in the life of Edward the Confeſſor…Math▪ Weſtm: Simeon Dun…lm…nſis, and Florent. Wigornienſis An: 1051. Grafton in his Chronicle p. 180. Speed in his Hiſtory of Great Britain l, 8. c, 6 Sect 7, p, 419. Fabian in his Chron: part 6. c, 210 p, 282, with the other forementioned Authors joyntly atteſt.

By theſe four firſt Generall Taxes and publick charges thus impoſed on the ancient Saxons and Engliſh, onelyonly by common grant and conſent in the great Parliamentary generall Councils of the Realm, both for the maintetenance of Gods Worſhip, Miniſters, Religion, Learning and defence of the Realm againſt forraign Enemies and Invaſions, the truth of the firſt fundamentall Propoſition in the precedent Chapter, is abundantly confirmed, during all our Saxons Kings Reignes; which I ſhall confirm in ſubſequent Sections, by Preſidents in all ſucceeding ages to this preſent: who never granted any Subſidies, Aids, Taxes, but by full conſent in Parliament, and that in ſmal proportions (one**See Mathew Paris in Henry 3 & Cookes 4 Juſtitutes c, 1. Raſtal Taxes. Subſidy, or Eſcuage, or Fifteen, or Tenth at moſt, and no more, not endleſſe Monthly Taxes, much leſſe Exciſes coupled with them, as now, and many times refuſed to grant any Aid or Tax at all, as I ſhall prove at large in Henry the third his raign) and then not before all their Greivances firſt redreſſed and the Great Charter, and their violated Liberties firſt confirmed by new Grants, Oathes, Acts, Charters, Excommunications, not ſo much as p. 76thought upon now, after ſuch unparalleld violations and ſubverſions of them, which all our late endl…ſſ… Aegyptian Tax-maſters of ſeveral kinds, even out of Parliaments, by their own uſurped authority, without the oppreſſed peoples grants or conſents in any …e…ll Engliſh Parliaments, may doe well to conſider; and withall to peruſe that notable Diſcourſe of Gulielmus Peraldus, Biſhop of Lions, De Virtutibus & Vitiis. Tom. 2. De Avaritia cap. 3. DE INJƲSTIS TALLiIS f. 4…, 45 Where he largely demonſtrates **See Alexand. Fabrit. Deſtr. Vitionem pars 4 c, 5. who is fuller than he herein.the greatneſs and odiouſneſs of the ſin of laying and levying unjuſt illegal Taxes on the people; proving, that beſides the ſin of RAPINE, there is PECCATƲM PRODITIONIS the ſin of TREAS…N in it; to other with the ſin of INGRATITUDE, and CONTEMPT OF GOD and ANGELS. And withal reſolves; That if Rul…, Souldiers ſhall impoſe or levy any unjuſt Taxes upon the People, or exact more from …hem … juſt wages, contrary to the Goſpel precept, Luc. 3. 14. … PRODITORES, they are TRAYTORS: Spoliant enim filios De. … fidei … commendatos; for they ſpoil the people of God committed to their good f… and tuition, and uſe them no otherwiſe than if they were Enemies: and who knowes not that it is the Crime of TREASON, cum amicis inimicitias exercere; to exerciſe acts of enmity towards their freinds? and like the Devi… himſelf to render affliction and puniſhments to thoſe, inſtead of protection and …ibution, who ſerve and pay them beſt. Quibus▪ dici poteſt quod ſecundum … DOMINATIO EORƲM DIABOLICA EST: as he there d…ermines, to rectifie the miſtakes of thoſe, who now think this kind of new Tax impoſing Government, not Diabolical, but Angelical or Saint-like.

I now return to my former Chr…nolog…cal method and Collections, during all the reignes of our Saxon and Daniſh Kings, which I ſhall proſecute in the nex… Section, till the Engliſh ſupplantation by the Normans; of which John Brompton Abbot of …rual gives this reaſon (by way of divine ret…i…tion) which I deſire all Sword-men and othe…s, who …epute Conquest, and th… longeſt Sword, a juſt and Saint-like Title to other Men… Lands, Poſſ…ſſions, and all temporiz…ng Divines (who like Auguſtine the fi…ſt A…ch biſhop of Canterbury, who converted the Engliſh to Chriſtianity QUI PRAETEXTƲ FIDEI GEN…EM ADVENAM IN ALIE… CONFIR…AVIT IMPERIO UT SƲAM ET ROMANA… JURISDICTIONEM DILATARET, inſtead …f preaching, of preſſing the Doctrine of RESTITUTION to them, for which he is juſtly taxed by Laeland & **Antiqu. Eccleſ. Brit. p, 12.Math. Parker, as being longe, diſſimilis Pa…a…o tunc Scotorum Apoſtolo, qui Conſtantinum eorum Regem (teſt. Polydoto) multis precibus hortatus eſt, ne gentem Saxo…um IMPIAM contra BRITANNOS CHRISTIANOS IƲVARET) ſeriouſly to ruminate upon **Chron. Iohan. Brompton col. 883.Hoc autem Dei nutu factum eſse conſtaet, ut …lum contra IMPROBOS ANGLOS poſtea IUSTO DEI IUDICIO tempore diſpoſito adveniret. Nam SICƲT ANGLI quos DEUS, ſceleribus ſuis exigentibus, diſterminare propoſuerat, BRITONES peccatis ſuis exigentibus, humiliaverant, & A TERRA ANGLIAE MINUS IUSTE FƲGAVERANT; SIC I…I DUPLICI PERSECUTIONE, prim… DAC…RUM ſaevienti…, poſtea NORMANNORƲM ſuperuenientium fortitudine GENTIBƲS EXTRANEIS SUBDERENTƲR, quod in ſequentibus appareb….

FINIS.

End of the text · William Prynne, Historical Vindication Part 2 (1655)