Reflections upon the opinions of some modern divines conerning the nature of government in general, and that of England in particular with an appendix relating to this matter, containing I. the seventy fifth canon of the Council of Toledo II. the original articles in Latin, out of which the Magna charta of King John was framed III. the true Magna charta of King John in French ... / all three Englished.

AN ADVERTISEMENT Concerning the ARTICLES OF MAGNA CHARTA of King JOHN. As also concerning The MAGNA CHARTA now printed in this APPENDIX.

THESE Articles or Capitula were found in the Study of Bishop Warner, late Bi∣shop of Rochester: They were commu∣nicated by a Gentleman of that Family to Mr. Geddis, and by him to the pre∣sent Bishop of Salisbury.

There can be no reasonable scruple raised against the Authentickness or Truth of the Writing: For first,

1. It is in a Hand very ancient: They that are com∣petent judges of such Antiquities, say, It well preten∣deth to the Time of which it treateth.

2. It hath yet appendant the Seal of King John, without any suspicion of being lately affixed.

3. In the famous Library of Sir John Cotton, there are now to be seen many private Charters of King John, which exactly agree with this, both in respect of the Writing, and also of the Seal.

4. In the Books of the Archbishoprick of Canter∣bury, amongst many things there entred, of the time of King John, these Articles are Recorded, and were thence transcribed, many Years before the Original of them came into the Hand of the Bishop of Salis∣bury.

5. This Instrument is the same which Matth. Pa∣ris mentioneth, Page 254. by the name of SCHE∣DƲLA. Archiepiscopus Schedulam illam, &c.

The Arch-Bishop, with others, bringing that Schedule to the King, recited before the King all the Capitula, &c.—

Which tho' the King then rejected, yet shortly after upon better Advice, He granted; as may be gathered from the next Page of Matth. Paris.

These Arguments may satisfie those, who since the late mentioning of these Articles in the Pastoral Let∣ter of the Bishop of Salisbury, have had the Civi∣lity to doubt of the Truth of the whole mat∣ter.

1. As to the substance of these Articles; It is to be ob∣served, that they contain some part of the Rights of the Barons, due to them by the Unwritten or Common

Law of the Land; which Rights, for more certain∣ty, were in several Reigns drawn into Writing: And, for more obligatoriness, into Charters, after the en∣trance of the Normans. In the time of the Confessor, they were contained in the Laws of that King. Wil∣liam the Conqueror confirmed (to the old, and new Ba∣rons of his Investiture according to Custom of Eng∣land) the Laws of the Confessor, as appeareth by the Record in Ingulf, and other Testimonies.

2. These Articles, or the Laws of the Confessor, were recognized, and by Oath re-confirm'd by Wil∣liam Rufus; no doubt, at His Coronation; or not long after. The old English Chronicle writeth thus, William Rufus by his Letters Summon'd the Bishops, Earls and Ba∣rons to St. Pauls, and there he Sware, and made to them Surety by Writing, to sustain, and maintain the Right.

3. King Henry I. ratified these Rights. In his Charter we find in general, Lagam Edwardi Regis vo∣bis reddo cum its emendationibus, quibus Pater meus eam emendavit, &c. I restore to you the Law of King Ed∣ward, as it was mended (or enlarged) by my Father, with the Advice of his Barons.

4. It is evident that King John (to omit others) both by His Coronation Oath, and at other times, confirmed these Articles or Explanations of the Old Law. Matth. Paris, pag. 239. The King (John) strictly commanded that the Laws of His Grandfather King Henry, should be observed by the whole Kingdom. But what this Law of King Edward, or Emendations contained, the same Matth. Paris setteth down in short, pag. 252.

The Charter of King Henry [the First] contained cer∣tain Liberties and Laws of King Edward, granted to the Church of England, and the great Men; as also some Liberties superadded by King Hen. I. And pag. 254. Capitula quoque legum & libertatum, &c. The Heads (or Articles) of the Laws and Liberties which the Great Men desired to be confirmed, are already entred, partly above in the Charter of Henry I. and partly were gathered out of the Old Laws of King Edward. The Historian speak∣eth of these very Articles here Printed.

5. 'Tis observable, That in these Articles, there is no care taken for the Liberties of the Church. The reason of which I conceive to be this: The Church∣men mostly then held with the King. And the Hand of the King was most heavy upon the Laity, who framed these Articles, without the Clergy.

6. These Articles provide nothing concerning the Summons and holding of the Common Council of the Realm. The reason whereof probably was this: The Barons of that time had introduced a Practice, of them∣selves to appoint the Time and Place of the Meeting of the Common Council of the Nation: At the granting of these very Articles, King John sent to the Barons; Ʋt diem & locum providerent congruum, ad haec omnia prosequenda. That they (the Barons) would appoint Time and Place for the concluding that matter. In the time of Henry III. (in whose Charter the Ar∣ticle de communi concilio habendo was omitted; and in whose time the Barons begun again to War) we find, that the Lords came unto the King and said, He must ordain and see for the Welfare of the Realm,

and then set the King a Day to meet at Oxenford, and there to hold a Parliament. So the English Chronicle. However, this grand Affair, as also that of the Church, were provided for in the Magna Charta of King John. Whereby it further appears, That these Arti∣cles were but the Rudiments of that Charter, after further enlarged, upon further deliberation.

I COME now in the second place to say a few things concerning the Perfect and Compleat Magna Charta of King John, here printed in French.

1. It was the Custom of old Times to make three several Copies of Publick Acts and Charters. Of the Magna Charta we have one in Latin, in Matthew Paris. This in French (or old Norman Language) was kept in the Records of France, and thence Pub∣lished some years past by Luke Dachery, in his Spici∣legium. That in English was sent into all Counties, but as yet no Copy in this Language appeareth.

Thus also the Laws of Canute, and the Provisions of Oxford (to mention no more) made in the time of Hen. III. were Publisht in three Languages.

2. The very same Charter Publisht in Latin by Matthew Paris, is also extant in the History of Rad. Niger, almost word for word; and also in two several Manuscripts in the Cottonian Library; where also about twenty years past the very Original was to be seen.

3. The Magna Charta of King John is not extant in any Record in the Tower, or elsewhere, as several

affirm; nor the Magna Charta of H. III. but only by Inspeximus in the time of Edw. I. A thing much to be wondered at. Rudburne writeth of the Charters of Hen. I. Sublatae sunt omnes variis fallaciis, exceptis tri∣bus. All but three were embezel'd.

4. The Magna Charta of King John, and that of Hen. III. are said to be the very same; where as they do exceedingly differ, as Mr. Selden in his Epi∣nomis hath partly observed, and may further appear to any that will compare them. Matthew Paris pag. 323. The Tenor of these Charters is fully set down, above, where our History treateth of King John: So as the Char∣ters of King John and Hen. III. are not found to differ in any thing. These words are not the words of Matthew Paris, but of Roger VVendover, (whom Matthew Paris often transcribeth very hastily) in whose History the Charter entred as King John's, is exactly the same with that Charter of Henry the Third.

5. As to that remarkable Article, Et ad habendum commune concilium Regni.— And to the holding the Commune Council of the Realm, &c. I shall briefly say, 1. That it hath been left out of all the Charters after King John's time, but is found in several Copys very Authentick, and particularly in the French Copy now here printed. 2. That this Article doth not, as some have written, give the Original to our Parliaments; for such Parliaments (or communia concilia) were held be∣fore this time. King Richard the First, after his return from the Holy VVar, summon'd a Common Council (or Parliament) at London, of the Clergy and Laity,

where he demanded Council about his making War upon the King of France; Earl Roger answered for the whole Parliament, The Earls, Barons and Knights, will aid you, O King, with their Swords; the Arch∣bishops, Bishops, Citizens, Burgesses, and Ecclesiastick Persons will aid you with Money; Abbates, Priors, and such others will aid you with their Prayers. So the English Chron. And to omit others, an Instance of such a Par∣liament is found in the Annales of Burton, pag. 263. compared with page 265. King John call'd to Northampton all the Earls and Barons of England: it followeth, Pandulfus spake (at the same time) to the Earls, Barons and Knights, O that you, &c. The Clergy indeed are not here mentioned, but were certainly present, because the occasion of that Council was to restore Peace to the Church and Kingdom, as Matthew Paris, or as the Annalist of Wa∣verly wordeth it, betwixt the King and the Archbishop. 3. I conceive the chief end of adding this Article, was to prevent the taking of Aids, (commonly called Talliage) or Escuage, by surprize, or by the consent only of a few, which King John had lately done. For the summoning of the Commune concilium here is plainly limited to the Sessing of Aids and Escuage: But the Mirror giveth another account of the meet∣ing of Parliaments, worthy of Consideration, page 225. where the Author refers us to higher times.

There is yet one Article more in this Charter of King John which deserveth our regards, the rather because it being lately alledged in the Pastoral Let∣ter, hath much scandalized some, with its suprising Novelty.

The words are, Barones cum communia totius ter∣rae gravabunt nos. The Barons with the Community of the Land, shall aggrieve, or distress us, &c. But why should this sound uncouth to any, who have with Reflection perused the Histories of this, or the Neighbouring Kingdoms, wherein the same Practice is frequently found. Andrew King of Hungary al∣lowed the same Liberty to his People, as may be seen at large in the Decrees of the Kings of Hungary, in the end of Bonfinius: Like Examples occur in the French Annales; and in the Annales of Waverly in the time of Hen. the Third, pag. 217.

If any will yet suspect that Matthew Paris, in this Point, hath not writ fairly, or that the Articles pro∣duced by the Bishop of Salisbury are not to be relied on, (and some such dissatisfied People there are) then let them (if they can be believed desirous of satisfaction) repair to the Red Book of Exchequer, where fol. 234. they may find the very same VVords, and Liberty granted, as before: Which Record cannot well be suspected of being corrupted, because it hath been always in good Custody.