Page:A History and Defence of Magna Charta.djvu/163

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MAGNA CHARTA.
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party muſt get it as he can. Taking of caſtles, ſhips, and towns, are not provided for and made lawful by any ſpecial article; but thoſe things are always implied, and always done.

Yet ſeeing pope Innocent III. in his bull for diſannulling Magna Charta for ever, and in his excommunication of the barons, had afforded us his reaſons for ſo doing, we can do no leſs than confider them. The weight of his charge againſt them is this; “That inſtead of endeavouring to gain what they wanted by fair means, they broke their oath of fidelity; that they, who were vaſſals preſumed to raiſe arms, againſt their lord, and knights againſt their King, which they ought not to have done, but in caſe he had unjuſtly oppreſſed them and that they made themſelves both judges and executors in their own cauſe: that they reduced him to thoſe ſtraits, that whatſoever they durſt aſk, he durſt not deny; whereby he was compelled by force, and that fear which is incident to the ſtouteſt man, to make a diſhonourable and dirty agreement with them, which was likewiſe unlawful and unjuſt, to the great derogation and diminution of his own right and honour. Now becauſe,” ſays the pope, “it is ſpoken to me

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