The excellency of monarchical government, especially of the English monarchy wherein is largely treated of the several benefits of kingly government, and the inconvenience of commonwealths : also of the several badges of sovereignty in general, and particularly according to the constitutions of our laws : likewise of the duty of subjects, and mischiefs of faction, sedition and rebellion : in all which the principles and practices of our late commonwealths-men are considered / by Nathaniel Johnston ...

Of the Great Councils in King John's time.

THE first great Council that I have met with in King John's time is that held at Oxford,(a) Anno Dom. 1204. 6 Reg∣ni, the Morrow after the Circumcision, where, as Matthew Pa∣ris saith, convenerunt ad colloquium Rex & Magnates, and there were granted to the King two Marks and an half out of every Knights Fee. Yet though all the Members are included under the name of Magnates, yet my Author(b) saith, that neither the Bishops, Abbats, or Ecclesiastic Persons passed away with∣out a promise (of supply, I suppose.)

So that I conceive the Clergy undertook for their Or∣der to contribute something apart, as it hath been since in use for the Convocation, to give a distinct Tax imposed by themselves on the Clergy: some evident Footsteps of which u∣sage we find in that Council of(c) Clarendon, wherein Thomas Becket Archbishop of Canterbury was required by the King that he and the Bishops should set to their Seals in Confirmation of the antient Laws the King enjoined to be observed; which when the Bishops were willing to do, the Archbishop swore he would never do.

The Members of the Great Council, and the absoluteness of King John in imposing Taxes is fully discovered in what Mat∣thew(d) Paris writes, that Anno 1207. 9 Regni, the King kept his Christmass at Winchester, the Magnates Regni being pre∣sent; and on the Purification of the Virgin Mary, he took through England the Thirteenth of Moveables, and other things, both of the Laics and Ecclesiastics, all murmuring,(e) but none daring to contradict him.

Anno 1213. 15 Joh. the King intending an expedition into Nor∣mandy, left Geofrey Fitz-Peter, and the Bishop of Winchester Commissioners in his absence, who at St. Albans held a Council with the Archbishop, the Bishops, and the Magnates Regni, where on the part of the King it was firmly(f) enjoyned, that the Laws of King Henry his Grandfather should be kept by all in his Kingdom, and all evil Laws should be totally dis∣annulled, and all Sheriffs, Foresters, and other Ministers of the King, under the severest Penalties of Life and Limb, should not violently extort any thing from any Person, or presume to offer Injury to any.

In which we may observe the Conventions of great Coun∣cils in the Kings absence, and that the Laws have force only by

the King's Authority, as appears by the expressions, ex parte Re∣gis firmiter est praeceptum.

In the same Year the Eighth of the Calends of Septem∣ber, Stephen, Archbishop of Canterbury, with the Bishops, Ab∣bats, Priors, Deans and Barons of the Kingdom, met at Lon∣don, at St. Pauls, in a Conspiracy against King John; and as(g) Matthew Paris saith, the Fame was, that the Archbishop cal∣ling to himself a Club of the Nobles, told them secretly, that they had heard how he had absolved the King, and compelled him to swear that he should destroy evil Laws, and should re∣cal the good Laws, viz, those of King Edward, and make them to be observed in his Kingdom; and that now there was found a Charter of King Henry the First, by which if they would, they might recal to the Pristine State, their long-lost Liberties, which Charter he produced, and it was that made to Hugh de Bocland his Justiciary, and so they made a Confede∣racy among themselves, and broke up their Assembly.

We may note, that this Convention at London was a Con∣spiracy, yet it had the Face of a great Council, as to the con∣stituent Parts of it, and no Representatives of the People, and they grounded their Confederacy upon the regaining their lost Liberties, and had recourse to King Edward's Laws, and their Confirmation by King Henry the First. So that even such Re∣bels owned Kings the Fountains, Authors, and Establishers of their Liberties, as well knowing they were born Subjects, and whatever was remitted of the absolute Power of Princes, was by their own Grants; though they might be induced to those Concessions from several causes, but whenever threats, force, or other necessities for supplies, or such like, extorted these, they were very ill kept. Anno 1215. 17 Joh. the Barons pressing the King to confirm the Charter of Priviledges, the Archbishop with his Associates read over each Chapter. But the King understanding the Tenor of them, with indignation and scorn said,(h) Why with these unjust exactions do not the Barons require the Kingdom? and swore he would ne∣ver grant such Liberties, whereby he should be made a Ser∣vant.

However he was afterwards at Runing-mede, compelled to sign the Charter, there being with him but eight or nine Bi∣shops, four Earls, and some twelve Barons, as Matthew Paris numbers them; but he saith, as to those present on the behalf of the Barons, the Company was innumerable, as being tota Angliae Nobilitas in unum collecta.

Therefore the King grants them the Liberties by way of Char∣ter(i) per consilium venerabilium Patrum nostrorum, &c. and so recounts those that were present with him, not mentioning any of those that were against him as I remember.

This was the Charter which Henry the third(k) confirmed, and is called Magna Charta, the principal matter in it, which re∣lates to my purpose, was, that he made some alteration in the

manner of Summoning Members to the Great Council, viz. That the Archbishop, Bishops, Abbats, Earls, and greater Ba∣rons of the Kingdom, should be summoned by special Writs, and that he would cause to be summoned by the Sheriffs and his Bailiffs, those which held in Capite of him, to a certain day by general Summons. So that it is apparent, that the Great Councils heretofore had only consisted of such Earls and great Barons and Tenents in Capite, as the King by special Writ plea∣sed to Summon; and this new way brought in a greater num∣ber of the Tenents in Capite: but still here were no Represen∣tatives of the Commons.

In the Charta de Foresta, the King saith, Dei intuitu, &c. ad emen∣dationem Regni nostri, spontanea & bona voluntate nostra dedimus, concessimus pro nobis & haeredibus nostris, has libertates subscriptas.

The King was sore vexed, that these Liberties had been ex∣torted from him, and sent to Pope(m) Innocent, who also absolved him from the Obligation, upon the ground that he had given(n) the Kingdom to St. Peter, and the Church of Rome, and so could make no such Charter without his leave, and after he Excommunicated the Rebellious Barons.

In this Charter, as in all the rest of the Charters of Liberties, we(o) may observe, that the Petitions of the People were drawn into the form of a Charter, and passed under the Kings Seal, as his meer voluntary free Grants, and Concessions, without any Votes, Suffrages, or Authority of the People. So Matt. Paris saith of this Charter, that when King John saw the Barons too powerful for him(p) gratanter eis concederet Leges & Liberta∣tes quas petebant; he willingly granted the Laws and Liberties which they asked, or petitioned for.

So in the Charter it self,(q) Concessimus etiam, & omnibus liberis hominibus nostri Regni Angliae pro nobis & haeredibus nostris in perpetuum omnes libertates subscriptas habendas, & tenendas eis, & haeredibus suis de nobis, & haeredibus nostris: that is, And we have also granted to all our Free-men of the Kingdom of England, for us and our Heirs for ever, all the un∣der-written Liberties, to have and to hold to them and their Heirs of us and our Heirs, &c.

Notes

• (a)

  Matt. Paris, fol. 176. num. 30. ult. edit.
• (b)

  Nec etiam Epi∣scopi et Abbates sive Ecclesiasticae personae sine promissione reces∣serunt. Idem.
• (c)

  Hoveden, fol. 282. b. num. 10. Praecepit Rex Archie∣piscopis & Episcopis, ut Si••illa sua appone∣••en••, & cum cateri proni essent ad id sae∣ciendum, Archiepise. Cant. juravit quod nunquam scripto illi apponeret, nec leges consirmaret.
• (d)

  Fol. 180. num. 30.
• The King imposeth Taxes.
• (e)

  Cunctis murmu∣rantibus, sed contradi∣cere non audentibus. A Great Council held in the King's absence.
• (f)

  Mat. Paris, fol. 201. num. 30. Ex parte Regis fir∣miter est praeceptum, sicut vitam & membra sua diligunt, ne a quo∣quam aliquid violen∣ter extorqueant, vel ali••ui injuriam irro∣gare praesumant.
• A Convention or Conspiracy against the King.
• (g)

  Fol. 201. num. 50, 60.
• Observations on the foregoing Councils.
• (h)

  Quare cum istis iniquis exactionibus Barones non postulant Regnum? Nunquam tales illis concederet libertates, unde ipse efficeretur servus. Matt. Paris, fol. 213. num. 60.
• (i)

  Idem, fol. 215. num. 13.
• (k)

  Idem, fol, 216. num. 30.
• The alteration of the Summoning the Members to the Great Council. Note. In this Charter the King grants, he will raise no Money on the Subject, with∣out Consent, but in three Cases; to re∣deem his Body, make his eldest Son Knight, and marry his eldest Daughter: And the like Power others •• had over their Liberi homines.
• He repents his granting the Char∣ter.
• (m)

  Idem, 224.
• (n)

  Id. 227. num. 20. The Pope absolves him.
• (o)

  Animad. on Jan. Augl. fol. 167. The King's Grant by Charter, a good Law then.
• (p)

  Fol. 255. num. 30, 50.
• (q)

  Ibid. fol. 256. lin. 18.
• By Freemen here to be understood the Tenents in Capite.