THE FOURTH PART OF THE SOVEREIGN POWER OF PARLIAMENTS and KINGDOMS. Wherein the Parliaments Right and Interest in ordering the Militia, Forts, Ships, Magazines, and great Offices of the Realm, is manifested by some fresh Records in way of Supplement: The two Houses Imposition of moderate Taxes and Contributions on the People in cases of extremity, without the King's assent, (when wilfully denied) for the necessary defence and preservation of the Kingdom; and their imprisoning, confining of Malignant dangerous persons in times of public danger, for the common safety; are vindicated from all Calumnies, and proved just. Together with an APPENDIX; Manifesting by sundry Histories and Foreign Authorities, that in the ancient Kingdom of Rome; the Roman, Greek, Germane Empires; the old, the present Grecian, Indian, Egyptian, French, Spanish, Gothish, Italian, Hungarian, Polonian, Behemian, Danish, Swedish, Scottish, with other Foreign Kingdoms; yea in the Kingdoms of Judah, Israel, and other Gentile Royalties, mentioned in Scripture; the Supreme Sovereign Power resided not in the Emperors, or Kings themselves, but in the whole Kingdom, Senate, Parliament, State, People, who had not only Authority to restrain, resist, yea call their Emperors, and Kings to an account, but likewise, when they saw just cause, to censure, suspend, deprive them for their Tyranny, vices, misgovernment; and sometimes capitally to proceed against them. With a brief Answer to the contrary Objections; and ten material Observations, confirming all the Premises. By WILLIAM PRYNNE, Utter-Barrester, of Lincoln's Inn. Olaus Magnus l. 8. c. 32. De Iniquis Consiliariis, etc. 33. Iniqui Consiliarii aiunt, Regem nihil injuste facere posse, quip omnia omniunt ejus esse, ac homines etiam ipsos-Tantum vero cuique esse proprium, quantum Regis Benignitas ei non ademerit, etc. Vtcunque sit, multi Principes, his & similibus consiliis & consiliariis, facti sunt enules, miseri, infames, & inhabiles in se & posteritate sua, amplius gubernandi. Principis itaque Officium est, ut non secus curet subditos, quam fidelis Pastor oves, ut dirigat, foveat, conservet. It is this tenth day of July, Ordered by the Committee of the House of Commons concerning Printing, that this Book Entitled The fourth Part of the Sovereign power of Parliaments and Kingdoms, etc. be Printed by Michael Spark signior. John White. Printed at London for Michael Spark Senior. 1643. To the READER. Courteous Reader, I Here present thee with the last Part, of The Sovereign Power of Parliaments and Kingdoms, and An Appendix in pursuance of it; abundantly manifesting, from the very fundamental Constitutions, Laws, Customs, Resolutions, Remonstrances, Oaths, Inaugurations, Elections, Ceremonies, Histories, public Transactions, Treaties, Agreements, Wars, of Foreign Empires, Emperors, Realms, Kings, States, Senates, Diets, Parliaments, in all Ages, and the most judicious foreign Authors of all sorts; That whole Kingdoms, Parliaments, Senates, States, Nations, collectively considered, have ever constantly enjoyed, in all Ages, Nations, the most Sovereign Jurisdiction, and Authority, and been Paramount their Kings and Emperors, who were and are subordinate, accountable for their actions to them; and copiously refuting the fond erroneous fancies of all illiterate flattering Court-Doctors, Theologasters, Lawyers, Statists, who, without any shadow of Truth or Reason, audaciously aver the contrary, not so much to flatter or seduce their Princes, as to advance themselves; against whom the contrary constant practice and resolutions of most lawful Kingdoms, that either are or have been in the world from Adam's days till now, shall unanimously rise in judgement, and pass a most Catholic irreversible sentence on them, for their notorious flatteries and Impostures. For mine own particular, as I have always been, and ever shall be an honourer, a defender of Kings and Monarchy (the best of Government, whiles it keeps within the bounds which Law and Conscience have prescribed;) So, I shall never degenerate so far beneath the duty of a Man, a Lawyer, a Scholar, a Christian, as to misinform, or flatter either; nor yet (out of any popular vainglory) court either Parliaments or People, to the prejudice of Kings just Royalties; but carry such an equal hand between them, as shall do right to both, injury to neither; and preserve, support their just, Legal several Sovereignty's, Jurisdictions, Rights, within their proper limits, without tyrannical invasions, or seditious encroachments, upon one another, to their mutual and the republics prejudice. It fares with Regal and Popular Powers, usually, as with Seas and mighty Rivers, if they violently break down, or swellingly overflow their fixed banks, they presently cause an Inundation, and in stead of watering, surround, and drown the Countries round about them, for a season, (sometimes for sundry years) ere they can be perfectly drained, and their bankers repaired, to confine them to their ancient proper Channels,; of which we have present sad experience, written in Capital red Bloody Letters, throughout the Realm. To redress▪ prevent which overflowing mischief for the future, I have without fear or flattery of any humane Power, or party whatsoever, by Public Authority divulged this last, and the three preceding Parts of this Discourse: together with the Appendix, (all hastily collected, and more confusedly compacted through want of time, and sundry interrupting Avocations, than I desired) wherein I have impartially, according to my judgement, conscience, defended nought, but ancient, undoubted, universal Truths of real State-Policy, and true Theology, (almost forgotten in the world, yea cried, Preached, Printed down for erroneous, seditious Paradoxes, if not Treasons, by Sycophants and Malignants in these later ages;) out of a cordial affection as much as in me lieth, to restore and settle the weal, tranquillity, and safety of my bleeding, dying Country, now miserably distracted, wasted, consumed every where: (through the long fore●plotted conspiracies of Romish Priests and Jesuits, to subvert the Protestant Religion and our Realms) upon a pretended quarrel unhappily raised by them, between the two much mistaken Grand Sovereign Jurisdictions, of King and Parliament, Crown and Kingdom, now miserably clashing one against the other, through ignorance and mistakes, and trying their Titles in the open field BY BATTLE, in stead of Law; by the Sword of the Soldier, not of the Spirit, the only proper peaceable Judges in these Quarrels, by which alone they can and must be finally resolved, settled; else neither King nor kingdom, can be ever quiet, or secure from dangers, and Commotions. I dare not presume to arrogate to myself, a Spirit of in-errability in the grand Controversies here debated, wherein I have traveled in no beaten common road; No doubt * See the 21. Article of the Church of England, & Rogers ibidem. General, national Counsels, Parliaments, Popes, Kings, Counsellors, Statesmen, Lawyers, Divines, all sorts of men, both may, and usually do err from Truth, (especially in Questions which concern their own Jurisdictions, Honours, Profits;) and so may I. But this I darewith safe conscience protest to all the world, that I have not willingly erred in any particular; and if I have casually failed in any thing, out of humane frailty, I shall (upon better information) acknowledge and retract it. In the mean time, I trust, I have here sufficiently discovered, refuted, many common impostures and erroneous gross mistakes in Law, Policy, Divinity, Antiquity; which have in later ages been generally received as indubitable verities, by most men; yea professedly defended by sundry injudicious Lawyers, and ignorant Divines (though perchance reputed learned, solid in their own, and others opinions) who never took the pains to dive into the true original fundamental creations, institutions, public Laws, Reasons, Policies, Jurisdictions, compositions, Rights, Customs, Histories of Kings, Kingdoms, Parliaments, States, Magistrates, People; the ignorance whereof, hath made them confidently vent many grand absurdities, and untruths, to the prejudice, embroiling, and almost utter ruin of divers Kings and States; which now, I hope, they will ingenuously acknowledge and recant with real grief and shame, that they have so grossly cheated, seduced Kings, Kingdoms, People, and oft times stirred up civil wars, to maintain their idle lies, crazy fictions, as just Royal Rights, and indubitable Prerogatives, when as they are nothing less. I shall not beg any man's belief, of any Truth here newly discovered, further than his own judgement & conscience, upon serious consideration, shall convince him of it; and himself discern it fully ratified by substantial precedents and Authorities in the body and close of the Treatise & Appendix: Only this I shall request of every Reader, to peruse over all the Parts of this Discourse with a cordial Love of Truth and Peace; and when he is convinced what is Truth, then to live and die in Paul's resolution, 2 Cor. 13. 8. We can do nothing against the Truth, but for the Truth. It was our Saviour's own reply to Pilate, John 18. 37. For this end was I borne, and for this cause came I into the world, THAT I SHOULD BEAR WITNESS UNTO THE TRUTH; O then let it now be every one's end, and practice too; since it is the * Joh. 8. 32. Truth (and nothing else) that shall make (and keep) us free: Free, from Errors, Troubles, Tumults, Wars; Slavery, Tyranny, Treachery, Popery, dangers, fears: Wherefore, * Zech. 6. 19 love the Truth and Peace, and then through God's mercy we shall speedily regain, retain them both. Farewell. THE Fourth Part of the Sovereign POWER of PARLIAMENTS and KINGDOMS. The Parliaments Interest in the Militia, Forts, Navy, & Officers of the Kingdom. IN the preceding Parts of this Discourse, I have with as much perspicuity and sincerity as I could, waded through those deep and weighty differences of greatest importance, which have lately (to our great unhappiness) I know not by what * Judge 9 23. evil spirits solicitation, unexpectedly risen up by insensible degrees, between the King's Majesty, and the present Parliament; (whose primitive sweet agreement, made us not so happy, as their subsequent Divisions in place, affection, opinion, have rendered the whole three Kingdoms miserable,) in point of Royal Prerogatives only, which I have dispatched: I should now proceed to other Controversies between them, principally concerning the Subject's Liberties; But before I pass to those particulars; I shall present you with some few Records of special note (casually omitted in their proper place, through overmuch haste, and want of time) which will very much clear the Parliaments just right, and ancient Jurisdiction In ordering the Militia of the Realm, by Sea and Land; in disposing the Ships, the Forts of the Realm for the public safety in times of danger; in concluding matters of War and Peace; in placing and displacing the great Officers, the Privy Counsellors of the Kingdom; yea regulating the Kings own household, and menial servants oft times; when there was occasion; which may serve as a supplement to the second part. It it the determination of Henricus Rauzovius, a Noble Dane, a great Statesman and Soldier in his Commentarius Bellicus, Dedicated to Christian the fourth, King of Denmark, Anno 1565. lib. 1. c. 3. That All Kings and Princes in most Republickes, rightly and lawfully constituted, are obliged by their paction entered into before their Inauguration, a Plato ●ege hoc sanxit. li. 12 de Ll. Simo qui● privatim sine publico scito, pacem bellumve secerit, capitale esto. Not to begin or move any War without the consent of all the Estates and Nobles. Thus in my hearing, Philip King of Spain, when he demanded and took an Oath from his Subjects in the Netherlands, promised by a mutual Oath to the Estates, That he would make no wars in those parts without their privity. The same also (most Noble King) is received and observed not only in your Kingdoms and Dominions, but likewise is in use almost in all Europe. Therefore Frederick your Father of most famous memory, knowing himself to be bound hereunto by compact, before he would be involved in the Swedish War, communicating the whole business faithfully to his people, as well to the Senators of the Realm, as to the Nobles of the Dukedoms, maturely advised with them about the manner of waging it. Wherefore, lest the War which is undertaken be accused as unjust by the States, because it was undertaken without their advice, contrary to custom and agreements, all aught to be assumed into the Counsel and care of War. For thus it will come to pass, besides, that things very well thought on and deliberated by many, have for the most part better successes, than those things which are rashly begun by some one; that the Subjects, who not unwillingly bring their estates and lives into danger, will less fear the loss of both, will fight more valiantly, and will put forth all their strength in prosecuting and ending the combat of war, even for this reason, that themselves have been the advisers of the war. Upon this reason, not only the Kings of the Jews, Arragon, France, Navarre, and others, (as I have manifested in the b Page 141. 22, 23, 95, 72. and elsewhere. Appendix) but even of this our Realm, have usually undertaken all their wars, and ordered all their Military affairs, both by Sea and Land, by the advice and direction of their Parliaments, as the Grand Council of War, both for King and Kingdom. This I have plentifully manifested in * Part 2. & 3. the premises, by sundry examples, and shall here only briefly ratify with some few new Precedents. In the first Parliament of 13 Ed. 3. after Proclamation made, Num. 2. That none should come armed with weapons to the Parliament, Num. 3. The causes of summoning the Parliament were showed to the Lords and Commons, to have their counsel and advice therein, what was best to be done; and expressed to be three. First, that every one, great and small, should consider, in what manner the peace might most surely be preserved within the Realm. Secondly, how the Marches of Scotland, and the Northern parts might be best defended and kept against the enemies of Scotland. Thirdly, how the Sea should be guarded against the enemies, that they should do no damage, nor enter the Realm for to destroy it. After this. Num. 4. The Bishops and Letters from the King then in France, relate to the Houses the Estate of the King's Army, wars, and proceedings in France, and the great debts the King stood engaged in for the maintenance of his Army; for discharge whereof and the King's further relief in the easiest way, to support his wars, the Lords condescended to grant the ninth sheaf of all their corn, and the ninth fleece and Lamb of all their flocks to the King, for the two next years, so as the custom of Mal-tolt, newly imposed on Wools, should be released, and this grant not drawn hereafter into custom, as a precedent to their prejudice. Who acquainting the Commons therewith, they after deliberation; As to the King's supply; returned this Answer. Num. 8, 9 That they thought it meet the King should be supplied, and were ready to aid him, as they had always formerly been, but yet as the aid was granted in this case, they durst not assent to it, until they had consulted and advised with the Commons in the Country; for which end they craved time to go into their Counties, and that Writs might issue to summon another Parliament on the Octaves of Saint Hillary, of the richest Knights in every Shire at a short day to come, (which, was c Num. 22, 23 24, 25. condescended to.) After which, Num. 9, 10, 11. they gave this answer in writing concerning the three Articles propounded to them: First, As to the keeping of the peace of the Realm, that the Justices of the Peace had sufficient power already to that purpose; only they add, that disturbers of the peace should not be let out of Prison, but upon sufficient Bail, and that no Charters of pardon should be granted to Felons, but by common consent in Parliament, and all other pardons held as void. To the second they answered, That the King before his going beyond the Seas had taken so good order, and appointed such sufficient Guardians to defend the Marches of Scotland, who were best able to guard those parts, that the enforcement of them by the King's Council would be sufficient, without any charge to the Commons; Only, they ordered, that every man who had Lands in the Marches of Scotland, of what condition soever they were, should reside upon them to defend them (as it had been formerly ordained) without charge to the Commons. To the third, concerning the guard of the Seas: The Commons prayed that they might not be charged to give Counsel in things of which they had no conisance (or charge;) and that they were advised, that the Barons of the Ports which at all times have honours before all the Commons of the Land, and are so enfranchised to d See cambden's Britannia, p. 318. accordingly. guard the Sea between us and strangers, (if so be it falls out, that they will enter and assail our Land) that they contribute to no aids nor charges on the said Land, but receive profits without number arising by the Sea, for the Guard aforesaid. Wherefore the Commons are advised, that they ought to maintain a guard upon the Sea, as the e See 19 E. 3. pars 1. M 14 & pars 2. m. 14. Judge Crockes Argument against Shipmoney, p. 69. to 74. Commons do upon the Land, without taking or demanding wages. Likewise, there are other great Towns and Havens which have a Navy, that are in the same case, and are bound to guard the Sea. And as for the safeguard of the Watch-houses upon the Sea by Land; let the guard of them be made by the advice of the Knights of the Shire, where the said Guardians are assigned, in the safest manner that may be, without charge of the Commons: And that the people of the Land, of what condition soever, which have lands on the Coast, shall keep residence upon those Lands, the better to repulse the enemies from the Land, so that for their abiding there, they shall be discharged to give any aid toward the same guard elsewhere. Num. 13. The Commons frame and demand a general pardon, upon grant whereof they promise to aid the King with moneys. Num. 14. They make an Ordinance for increase of moneys in the Realm. Num. 15. Because the ships of England went not out together in Fleets, to trade, but severally, out of desire of gain and covetousness, and so many of them were taken by the Enemies of the King, and the men slain and murdered, to the dishonour of the King and the whole Realm; it was agreed, and assented in full Parliament, that all the Navy should stay and be arrested, till further order were given to the contrary. Num. 16. It was accorded and assented in Parliament, that the Bishops and Lords in the Parliament, should send Letters to the Archbishop of York, and the Clergy of his Province, under their Seals, to excite them to grant a convenient aid for the guard of the Marches of Scotland, for the defence of the Church, the Realm, and themselves, as the Clergy of the Province of Canterbury had done. Num. 17. It is accorded, that Master Robert de Scardeburgh shall be put into the Commission which shall be sent into the Country of York, to survey the Array of the people, which shall be chosen for the defence of the Realm, in lieu of Sir Thomas de Blaston. That Sir Richard Chastell shall be put in the Commission to survey the Array in the Counties of Nottingham and Denby, and John Feriby in the County of Lancaster. Num. 18. It is assented that the people of holderness shall be Arrayed, taxed, and make aid for the guarding of the Marches of Scotland, and other businesses of the King in those parts, notwithstanding the Commission made to them to guard the Sea, Num. 21. The Lords who have Lands towards the Marches of Scotland, are commanded and prayed by writs and Letters to repair thither for defence thereof, namely the Lords of Ros, Wake, Mowbray, Clifford, and Master William Daubeny Steward of the Earl of Richmond, and that those who could not in this case go in proper person, should send their people to the Lords in the Marches. In the second Parliament held this year, by appointment of the first (Octabis Hilarii, 13. Ed. 3. Num. 2. 5. Edward Duke of Cornwall, Guardian of England (in the King's absence) being hindered by other businesses to be present in this Parliament, by Letters Patents under the King's great Seal, appointed the Archbishop of Canterbury, and others to supply his place, and hold the Parliament. Num. 6, 7, 8, 9 The Commons for the defence of the Realm, Sea, and Marches of Scotland, granted the King thirty thousand sacks of Wool, and the Earls and Barons, the ninth sheaf, Fleece and Lamb, within their Demesne Lands; and agreed to raise a great sum of money presently, to set out a fleet of Ships to Sea, fraught with men of arms, and archers for defence of the Realm. Num. 10. All the Merchants of England, were summoned by writ to appear at Westminster in proper person, to confer upon great businesses concerning the King's honour, the salvation of the Realm, and of themselves. Num. 11. The Mariners of the Cinque-ports upon their departure promised to make their ships ready by Mid-Lent; and were to receive a sum of money to help defray their charges herein; and the men of the Cinque-ports, promised to defray the moiety of the costs; and the King's Counsel the other moiety, but not in name of wages, but out of special grace; and the f See Cambaens Britan. p. 318. Cinque-ports were to find 21 ships of their own, and nine ships of the River of Thames. Num. 12. The Mariners towards the West promised to find 70. ships of an hundred Tun and upwards, and to make them ready by the same day; and to defray the charges of them as far as was requisite; and for the residue, the King's Counsel were to send them a sum of money for their aid, but not as wages, but of special grace; and a Clerk was ordained to survey the charges of the Mariners of the West; and of the Cinque-ports. Num. 23. All the ships of Portsmouth, and the West, were to meet at Dartmouth at the day assigned; and the Earl of Arundel was assigned their Admiral; And the ships of the Cinque-ports and the River of Thames, were to meet, & assemble at Winchelse, and the Earl of Huntindon, appointed their Admiral; and that all these ships should be ready by the middle of Lent, Num. 19 The Admirals of all parts were commanded to arrest all other ships, that might pass the Seas, for fear of being surprised by the enemies, & that 200. men should man those to whom the smaller ships belonged, to bring them in to such havens where they might be safest from the Enemies. Num. 15. Writs were directed to all Sheriffs of England to make Proclamation, that all those who had Charters of pardon, should repair towards the Sea, in the service of the King, and at his wages by the middle of Lent, upon pain of losing their Charters, and being put to answer the things contained in them, in case they should not go. Num. 16. It was accorded and assented in Parliament, that Master Richard Talbot ordained to guard the Town of Southampton, which he had undertaken to do, should have a company of men at Arms, and Archers at the King's wages, which he might increase if there were cause; that he and they should have their wages paid them monthly, from the second Sunday in Lent, and so forwards whiles they continued in that Services, & that he should receive 200. pounds in money, and 200. marks in Wool, in respect of his said service, and to defray his ancient debts. And he had power given him to assess and levy moneys upon the said Town, towards its defence; and if the Town were not able to defray all the charge, the King should aid them for the residue. Num. 18. The Bishop of Winchester, the Prior of St. Swithin of Winchester, and the Abbot of Winchester, were commanded to have the people of their Manners next the Town of Southampton well armed and arrayed, that they might be ready to their power to defend the said town, upon summons of the Guardians thereof, that no peril might happen thereunto, Num. 19 That two Pinnaces, one of Melbroke, and the other belonging to Roger Normand, should be assigned to remain in the port of Southampton, at the appointment of the said Mr. Richard, for the safety thereof. Num. 20. All the Burgesses and Seamen of the Town which had departed thence, were ordered to go and abide therein for the defence thereof, and of their own possessions; and in case they refused, that their Lands and Possessions should be seized into the King's hands, and the profits of their Lands which should be found elsewhere. Num. 21. That a Commission should be made to Stephen Butterly, and William Weston, Sergeants at Arms, to take Timber, Boards, and other things necessary for the safety of the said Town at certain prizes, upon endenture made between them and the owners of the said goods; and that the King should pay, or give them other satisfaction. Num. 22. 23. That all the Arms, Engines, Ammunition, Iron and Lead in the said Town, should be delivered to the Guardian of it by Indenture; who should have the same power in all things within that Town, as the Earl of Warwick had, when he was Governor. Num. 24. That the Sheriff should have a Writ of attendance, to be attendant on the said Mr. Richard, with Victuals, and all other things necessary for the safeguard of the said Town. Num. 25. 26. 27. Certain Merchants are appointed and take upon them to the Parliament, to buy great proportions of Corn, Peas, Oats, Hay, and other provisions, (the quantities whereof are particularly expressed) at certain rates, to victual Berwick, the Castles of Edenburg, and Strivelyn, (which Castles Mr. Thomas Rokeby, Guardian thereof, promised to keep till Saint john's day than next to come, upon condition to receive his wages formerly due, out of the first moneys granted to the King in this Parliament,) by a certain day; provided they shall carry no victuals to the enemies of the King and Realm, and that they should be paid out of the first moneys arising out of the aid granted to the King. Num. 28. 29. The inhabitants of the Isle of Wight were respited of the aid granted to the King, according as their good carriage should be during the war; and it was agreed in Parliament, that no Commandment nor Ordnance, or licence granted under the great or privy Seal, to any of the said inhabitants bound to defend the said Isle, should licence any to absent himself from it during the war, unless it were for fear of disinheriting or other great necessity, with which the Council should be acquainted, or upon in quests. Num. 30. 31. Provides, that the Castle of Careshroc in the I'll of Weight should be furnished with a certain proportion of Wine Corn, Peas, Oats, hay, Coles, Iron, Salt; and that a Commission should be granted to Robert Vandalym Sheriff of Southampton, and to William of Kekenwich jointly and severally, to purvey and deliver the same provisions over by Indenture, to the Constable of that Castle; and a Writ directed to the King's Botteller, to deliver the Wines assigned (to wit ten Ton) out of the Wines then in, or which should first come into his hands. Num. 32. Mr. Thomas Ferrer undertakes to the Parliament, to send without delay a sufficient man to the Castle of jernsey, to survey the defaults and state of the said Castle, to certify the Council fully of them; and in the mean time to find the ways of those remaining there in garrison, to the sum of an hundred pounds; and a Writ is directed to the Sheriff of Southampton, to furnish the said Thomas with a convenient quantity of Powder, and Iron, and other necessaries for the defence of that Castle. And because Thomas pain, one of the Jurates of that Isle was gone to the enemies, contrary to a defence made, that a Writ should issue to the Bailiffs and Jurates of the same Isle to choose another sufficient man in his place, and to seize his Lands, goods, and Chattels into the King's hands, and answer the meeske profits of them. Num. 34. dorso. There is an exact Array or List of all the Captains and men at Arms, and archers under their several commands for defence of the borders of Scotland, amounting in all to 4715. Num. 35. Those of the Counties of Nottingham, Derby, York, were to go to Newcastle upon Tine, at the Country's charges, and then to receive the King's wages: and those of Westmoreland, Cumberland and Lancashire, to march to Carlisle at the Counties charges, and then to receive the King's wages; and that the Commanders, great men, and all the host when they assembled should lie and travel in the Land of Scotland, and not in the Marches of England. Num. 36. 37. A fit and trusty Clerk is appointed to pay the Soldier's wages by the advice and survey of the Lords Percy and Nevil, and Merchants are ordered to return moneys for the exploit, and to furnish the King of Scotland with moneys sufficient to maintain twenty men at Arms. Num. 38. Because Mr. Richard Talbot had discharged himself of the government of Berwick, the Lords in Parliament earnestly entreated Sir Walter Creak to take upon him the custody of Berwick, and to certify the Lords within a short time, how many men at Arms and Archers would suffice to guard it, and whether he would accept of the charge or not; and if not, they would provide another. Num. 39 A Commission is granted to Master Thomas Wake and others to muster the Horse and Foot arrayed for this expedition in Yorkshire and the other Counties, and to conduct them towards Newcastle. Num. 46. It is accorded and assented, that Writs shall be made to the arrayers of the Men of Arms, Hoblers, and Archers, in the County of Oxford, for the guarding of the Sea, for the Prior and Canons of Burnacester, to surcease their demand which they made to the said Prior and Canons to find a man at Arms and two Archers to make such a guard at Portsmouth; and also for the payment of certain moneys for this cause, until they have other command from the King; by reason that the Prelates and other great men in the Parliament are informed, that all the possessions of their house will hardly suffice for their sustenance, and that they cannot find such charge without very great oppression of them and their house. Lo here in these two Parliaments (the Rolls whereof I have recited more largely, because rare and memorable) all businesses concerning the Wars, Militia and Array both by Land and Sea, were particularly consulted of, ordered, and determined in and by the Parliament only; in a far more ample manner then this present Parliament at first petitioned, desired they should have been ordered and settled now. In the Parliament rolls 14 E. 3. Num. 19 Certain men are appointed to guard the Islands and Seacoasts against the enemies. Num. 42. The Lord Mowbray is appointed keeper of the Town of Berwick. Num. 53. 54. 55. etc. Commissions of Array in several Counties are made by Parliament to the Earl of Angoyes and others, for defence of the Kingdom. In the Parliament of 50 E. 3. Num. 15. A Commission is granted in Parliament to the Lord Percy and others, to appoint able persons for defence of the Marches of the East-riding. In the Parliament Roll of 1 R. 2. Num. 51. Because that the Lands of Gascoigne, Ireland, the Seignory of Artois, and the Marches of Scotland are in peril to be lost through default of good Officers, the Commons' petition, that it would please the Lords to ordain good and sufficient ministers, which may be sent to govern in the same Lands in the most hasty manner that may be, by reason of the great need that requires it. And that all the chief guardians of the Ports and Castles upon the Sea, as Dover, Bannburgh, Carlisle, and other Marches, may be put in the form aforesaid: And that these Guardians of the Castles and keys of the Realm may be sufficient men, who may forfeit their inheritance if any mischief shall happen by reason of them, which God forbid. And that in all other, sufficient persons of your Liege's be placed who may forfeit in the same manner for the salvation of the Realm. To which the King answers. The King willeth it, and will do that which shall belong to him by the advice of the Lords of His continual Council. In 2 R. 2. Rot. Parliament. Num. 37. the Admiralty is disposed of by the Parliament: and Num. 39 a Schedule of Orders for the defence of the North sea, is confirmed by the Parliament. In the Parliament of 7 & 8 H. 4. Num. 26. The Parliament gave power to the Merchants to name two meet persons to be Admirals, to guard the Seas. In the Parliament rolls of 2 R. 2. pars 2. Num. 37. The Commons supplicate, how the enemies of France, with great Armies, and many Vessels of war have been continually, and yet are in the Northern parts, and namely about the coasts of Scarburrough, which Town is dangerously seated upon the Sea, open to the assaults of the said enemies, and that the people of the said Town had within two years' last passed paid above one thousand pound ransom to the said enemies, and yet were destroyed and carried prisoners into Boulogne and other places, where they were yet kept prisoners, and that the Town was upon the point to be burned and destroyed, and all the coast about it in short time, if hasty remedy were not provided. That therefore it would please the King and his most sage Council, considering the great damages and perils the said Town and coasts about it had sustained, and were yet apparently like to sustain, to ordain and assign certain Vessels of war upon the said coasts, to guard them against the malice and power of the said enemies; and that during the wars, for saving of the said Town, and the King's Castle there situate, and all the Country about it. The Answer is: This matter is in part touched by the Merchants of the said coast which are at this Parliament, and by their advice and others who are to pass their Merchandise in these Marches by Sea, remedy hath been ordained in such sort as the Earl of Northumberland and the Major of London, who were assigned in Parliament to treat of this business know more fully to declare. In the Parliament of 6 R. 2. pars 2. Num. 11. The Bishop of Norwich offered before the King and Lords, that if the King would grant him the quindisme and disme of the Laity and Clergy; and the 6 pound and 2 shillings on the Ton of Wine, lately granted to the King for the safeguard of the Sea; that he would within 20 days after the receipt of the last payment, transport into France 3000 Archers well armed and mounted for the aid of Gaunt; and would defray all the charges of shipping them: And that if he might have the attendance of the West-Admirall, he would find on the Sea for the safeguard of it, between this and Michaelmas next, ten great ships, and ten Barges armed; in which besides Mariners necessary, he would find at least 500 fight men for the said term. In the Parliament of 15 R. 3. Num. 15. It is to be remembered, that the Commons said in full Parliament, that if a treaty of peace or truce should be entertained between their Lord the King and his adversary of France, that they thought it expedient and necessary, if it should please the King, that Mounseur de Guienne, because he is the most sufficient person of the realm, shall go to the same Treaty. And the King said, that he liked it well, if it pleased the said Lord de Guienne: and thereupon Mounseur de Guienne said, that he would with a very good will travel and do any thing which might turn to the honour and profit of the King and of his realm. In the Parliament of the 14 H. 6. Num. 10. The Kings grant of the custody of the Town and Castle of Calais, the Town of Risbanke, the Castles of Hamures, Mark, Oye, Stangate, Bavelingham, and of the Castle and Dominion of Guynes in Picardy, to be made to Humphrey Duke of Gloucester his uncle, in the presence of the Lords spiritual and temporal then being in the present Parliament, was on the 29 day of October read before them: which being understood, and mature deliberation taken thereupon, the several reasons of the said Lord being heard, it was at last by their assent and consent agreed and ordered, that the said Duke should have the custody of the said Town, Castles, and premises, to the end of nine years then next ensuing, which Charter was subscribed by all the Lords there present. In the Parliament of 31 H. 6. Num. 41. pro custodia Maris, it was enacted: For as much as the King, considering that as well divers His Clergy men of this his realm inhabiting nigh the coast of the Sea, and others His Subjects using the Trade of Merchandises, have been oftentimes grievously imprisoned, distressed, put to great sufferances and ransoms; and their Ships, Vessels, and Merchandises of great value taken upon the Sea by his enemies; and also Merchant strangers, being under his leageance, amity, safeguard, or safe conduct upon the Sea, have been robbed and spoilt, against the form and contents of such truces, and safe conducts signed; His Highness' willing and intending sufficiently to provide for the remedy of such inconveniences, and to eschew and avoid all such robberies and dispoylers, HATH BY THE ADVICE AND ASSENT OF THE LORDS SPIRITUAL AND TEMPORAL in his high Court of Parliament assembled, desired certain great Lords of this realm, that is to say, Richard Earl of Salisbury, John Earl of Shrewsbury, John Earl of Worcester, James Earl of Wiltshire, and john Lord Sturton with great Navies of Ships and people defensible in great number purveyed of abiliments of war, to intend with all diligence to their possibility the safeguard and keeping of the Sea. For which cause the subsidies of Tonnage and Poundage granted to the King for his natural life this Parliament, that they might be applied to such uses and intent as they be granted the King BY THE ADVICE AND ASSENT OF THE LORDS SPIRITUAL AND TEMPORAL, AND COMMONS' IN THIS PARLIAMENT ASSEMBLED, AND BY AUTHORITY OF THE SAME, were granted to the said Earls and Lord Sturton, and the survivers of them for three whole years; with power for them to appoint Collectors to receive and collect them in every Port, without rendering any account; so as they kept the covenants and indentures made between the King and them for the safeguard of the Seas; with a proviso, that this Act during the three years should not be prejudicial to the custom of the Town or Castle of Calais or Rishbanke, for the payment of the wages and arrears of the Soldiers there. And over that, if the goods of any of the King's liege-people, or any of his friends, be found in any Vessel of the King's enemies without any safe conduct, that then the said Earls and the Lord Sturton shall take and depart it among them and their retinue without any impeachment, according to the Statute thereupon made. In the Parliament of 33 H. 6. Num. 27. the said Lords were discharged of the custody of the Sea by the Parliament, in these words: For as much as the Earls of Salisbury Shrewsbury, and Worcester, and the Lord Sturton besought the King's Highness in this present Parliament, that it might like his Highness and Excellency of his Noble grace to have them clearly discharged of the keeping of the Sea; the King therefore and for other causes moving his Highness, BY THE ADVICE OF THE LORDS SPIRITUAL AND TEMPORAL IN THE SAID PARLIAMENT ASSEMBLED the 30 day of july, the 23 day of the same Parliament, admitted their desire, and would that the said Earls and Lord Sturton, or any other THAT HAD THE KEEPING OF THE SEA BY AN ACT MADE IN THE LAST PARLIAMENT begun and holden at Redding, and ended at Westminster, be from the 30 day of July fully discharged of the keeping of the same, and that IT SHOULD BE ENACTED OF RECORD. In the Parliament of 39 H. 6. Num. 32. The King BY THE ADVICE OF THE LORDS SPIRITUAL AND TEMPORAL, AND COMMONS' IN THIS PARLIAMENT ASSEMBLED, AND BY AUTHORITY THEREOF, ordained and established, that his dearest cousin Richard Duke of York rightful heir to the Countries of England and France, and of the Lordship and Land of Ireland, have and take upon him the power and labour to ride into the parts of England, and Wales, where great rebellions, murders, riots, spoilings, executions, and oppressions be used, committed and attempted, to repress, subdue, and appease them. And also to resist the enemies of France and Scotland within the realm. And further granted, ordained, and established by the said advice and authority, that every Sheriff, with the power and might of his Sheriwicke, and every Major, Bailiff, Officer, Minister, and Subject of the said realm of England and of Wales, shall attend upon his said cousin for the said intent, as the case shall require; and to the same intent be ready at the command of his said cousin; and the same obey and perform, in like case as they ought to do at his commandment after the course of the Laws of England, and in Wales after the customs there etc. And to cite no more precedents in so clear a case: in the Parliament of 21 jacobi ch. 33. The Temporalty having granted three entire Subsidies, and three Fifteen and tenths, to King James, towards the maintenance of the wars that might then suddenly ensue upon the breach with Spain, and more particularly for the defence of the realm of England, the securing of Ireland, the assurance of the states of the united Provinces, with the King's friends and allies; and for the setting forth of the navy-royal: did by that Act, for the better disbursing of the said aid and managing that war according to the Parliaments true intention, by that very Act wherein they gave the Subsidies, did especially appoint eight Aldermen and other persons of London Treasurers to receive and issue the said moneys; and appointed ten Lords and Knights (particularly named in the Act) to be of the King's Council for the war; by whose warrant (under five of their hands at least) all the moneys they granted were to be issued and exported, for and towards the uses expressed in the Act to such person or persons as the said Council of war should direct: and that both those Treasurers, and this Council of war, and all other persons trusted with the receiving, issuing, bestowing and employing of those moneys or any part thereof, their heirs, executors and administrators, should be answerable and accountable for their doings and proceedings therein to the Commons in Parliament, when they shall be thereunto required by Warrant under the hand of the Speaker of the House of Commons for the time being; and thereby they and every of them according to their several places and employments shall give a true and ready declaration and account of their several respective dealings, doings and proceeding therein; and that the said Commons in Parliament shall have power by this Act, to hear and determine the said account, and all things thereto appertaining; And withal they in this Act prescribe a special oath to the Treasurers, Not to issue out any moneys without the Warrant of the Council of war under their hands. And another oath to the Council of war, To make no Warrant for any moneys issued, which are given by this Act but for some of those ends which are expressed therein, and that to the best of their means they should employ the said moneys accordingly; and that freely without requiring any reward or allowance whatsoever. Which precedents with others forementioned, made His Majesty return this * An exact collection of all-Remonstrances, etc. p. 66, 67. Answer to the Petition of the Lords and Commons touching the Articles delivered February 2. 1641. For the securing you from all dangers or jealousies of any; His Majesty will be content to put in all the places both of FORTS and MILITIA, in the several Counties, such persons as both Houses of Parliament shall either approve or recommend unto Him; so that you declare before unto His Majesty the names of the persons whom you approve or recommend; unless such persons shall be named against whom He shall have just and unquestionable exception. And thus much by way of supplement touching the Militia. Concerning the Parliaments interest and right in electing and removing the Officers of the realm, and the King's menial servants, I shall only add these Precedents to the * Part. 1. p. 89, 90. part. 2. p. 41. to 74. forementioned. In the Parliament rolls 4 E. 3. Num. 1. Four Bishops, four Earls, and four Barons were assigned to the King, without whose consent, or of four of them, no great business was to be transacted. 14 E. 3. Num. 36. in the Parliament rolls, The Parliament agreeth, that the Duke of Cornwall be Custos of England during the King's absence in the wars of France. In the Parliament rolls of 1 R. 2. Num. 18. & 19 The Commons requested first, that it would please the King to ordain, and nominate to them now in this present Parliament, some sufficient persons of divers estates to be continually resident of his counsel for the affairs of the King and of the realm, and to have the Officers of the King of such persons who best knew, and would and might most diligently travel for the redress of the foresaid mischiefs, and the good government and salvation of the realm, so that the Commons may be clearly ascertained of the names of those Counsellors which shall be disbursers and orders of that which they shall grant for the wars, and thereby to have greater encouragement to do to our Lord the King that which they have in charge concerning him, as if aforesaid. Also that it would please them to ordain and nominate in this Parliament the persons which shall be about (or have the custody) of the person of our Lord the King himself, who is of such tender age, and that those persons shall be of the most virtuous, honestest, and sufficientest of the Realm; so that our said Lord, who is a person sacred and anointed, be nobly governed, and brought up in good virtues and manners to the pleasure of God, whereby all the Realm may be secured and amended; and that it be likewise ordained, that our Lord the King and his house be governed with good moderation, and defray his expenses only out of the revenues of the Realm, and other rights and seignories of his Crown. And that all that which shall be granted to our Lord the King in maintenance of his wars, shall be applied and expended in the wars, and no part thereof otherwise, in aid and discharge of his said commonalty. In the Parliament of 11. Richard 2. Num. 23. The Commons pray, That no person, of what state or condition he be, should meddle with any manner of governance about the person of our Lord the King, nor with the businesses of the Realm, nor yet to council our Lord the King, but those Lords which are assigned and ordained in this present Parliament, if it be not by ordinance of the continual Council, and by assent of our Lord the King, upon grievous pain. And the same Lords, which shall be about the person of our Lord the King and of his Council, shall cause to remove all the persons which they think fit to remove in the household of our Lord the King, without showing favour to any, and to put others in their places, whom they shall think sufficient and virtuous. And that the said Lords of the Council be charged to keep and sustain the estate of our Lord the King in ' its regalty, and to do and use that which may turn to the honour and profit of our Lord the King and of his Realm to their power, according to the form of the Oath contained in a Schedule made in this present Parliament annexed hereunto; to the intent that it may be notoriously known throughout all the Realm, that good and sufficient Council is about the person of our Lord the King, to the comfort of all his Commons, and firm assurance and establishment of the Realm aforesaid; the which Oath was made in form ensuing. You shall swear, That you will not assent, nor yet suffer, as much as in you lieth, That any Judgement, Statute, or Ordinance made or given in this present Parliament be any way annulled, reversed, or repealed in any time to come; and moreover, That you shall keep the good Laws and usages of the Realm afore these times made and used; and shall firmly keep, and cause to be kept, good peace, quiet, and tranquillity in the Realm according to your power, without disturbing them in any manner. So help me God and his Saints. The Answer. As to the first point of this Article, the King will it: And as to the second point, If there be any Lord of the Council, or other Lord of the Realm, which will inform the King, That he hath any person about him not sufficient, nor honest, he will, that it being proved, he shall be outed and removed, and another sufficient, by his advice, put in his place. In the Parliament of 5. Henry 4. Num. 16. Upon certain prayers and requests made before by the Commons, divers times touching the removing of divers persons, as well aliens and others, by reason of divers destructions by them moved, and for certain Articles appointed by the Lords upon the charges given to them by our Lord the King in Parliament, and by the said Lords it was specially accorded, That four persons, to wit, the King's Confessor, the Abbot of D●ne, Master Richard Derham, and Crosseby of the Chamber, shall be quite ousted and voided out of the King's house; whereupon the ninth of February, the said Confessor, Master Richard, and Crosseby came before the King and Lords in Parliament, and there the King in excusing the said four persons said openly, that he knew not by them any cause or occasion in special for which they ought to be removed from his household; notwithstanding our said Lord the King well considered, that what the said Lords and Commons shhall do or ordain, Nota. was for the good of him and of his Realm, and therefore he would conform himself to their intentions, and did well agree to the said Ordinance, which charged the said Confessor, Master Richard, and Crosseby to avoid his said Court, and like charge should have been given to the said Abbot, had he been present. And our Lord the King said further, That he would do the like with any other which was about his royal Person, if he was in hatred or indignation with his people. And Numb. 37. To the end that good and just government and remedy may be made of divers complaints, grievances, and mischiefs showed to our Lord the King in this Parliament; our Lord the King, to the honour of God, and upon the great instances and requests to him divers times made in this Parliament by the Commons of his Realm, for the ease and comfort of all his Realm, hath ordained certain Lords and others underwritten to be of his great and continual Council, to wit, the Archbishop of Canterbury, the Bishop of Lincoln Chancellor of England, the Bishops of Rochester, Winchester, Bath, and Bangor, the Duke of York, the Earls of Some merset and Westmoreland, the Lord Roos Treasurer of England, the Keeper of the Great Seal, the Lord Berkley, the Lord Willoughby, the Lord Furnevall, the Lord Lovel, monsieur Pierce Courtney, Master Hugh Warerton, Master john Cheyne, Master Arnald Savage, john Northbury, john Doreward, john Cawson. In the Parliament of 7. & 8. Henry 4. Numb. 31. The 22. day of May, the Commons came before the King and his Lords in Parliament, and then john Tibetot, their Speaker, reheased, how they had prayed the King in the beginning of the Parliament, and after, to increase the number of his Council for the better government of the Realm, and prayed the King to put it in execution; and further rehearsed how that the Archbishop of Canterbury had reported to them, That the King would be counselled by the most sage Lords of the Realm, the which ought to have the survey of all that which shall be done for the good government of this Realm, which thing the King agreed to do and rehearsed with his own mouth, That it was his entire will. And thereupon a Bill made by the King himself, by his own will was delivered, containing the names of the Lords which shall be of his Council, the tenor of which Bill ensueth. It is to be remembered that our Lord the King, considering the great labours, occupations, and diligence which he ought necessarily to employ about the good government of his Realm, and other his possessions, as well on this side the Sea as beyond it. First of all for the preservation of our Lord the King, and of his Crown, and that the revenues of the same may be the better collected to his profit and increase, as much as a man may justly do, to the end that he may the better sustain his honourable estate. And secondly, for the confirmation of the Laws and Statutes of the Realm, to the end that equal right may be done to every one, as well poor as rich; Our Lord the King, of his proper and good will, desirous to be supported in the foresaid causes, because that he cannot attend thereunto in proper person so much as he would, for the great love and good affiance which he hath among others, in the most revered Fathers in God, the Archbishop of Canterbury, the Bishops of Winchester and Excester, the Duke of York, the Earl of Somerset, the Lord Roos, the Lord Burnet, the Lord Lovel, the Lord Willoughby, the Chancellor, Treasurer, and Keeper of the privy Seal, the Steward and Chamberlain, Master Hugh Warerton, Master john Cheyney, and Master Arnald Savage, hath chosen and charged them to be of his counsel, praying and commanding them, that in all the foresaid causes they will put to their entire diligences for the profit of our said Lord the King, and likewise for the confirmation of the Laws and Statutes aforesaid. In the Parliament of 2. Henry 6. num. 15. After divers special requests of the Commons of the Realm, being in the present Parliament, made to my Lord of Gloucester Commissary of the King, and to other Lords Spiritual and Temporal there, for to have notice and conusance of the persons assigned and elected to be of the King's Council, to their great ease and consolation. By advice and assent of all the Lords Spiritual and Temporal aforesaid, were elected and named certain persons, as well spiritual and temporal, to be Counsellors assistant to the governance of the Realm, whose names here ensue; The Duke of Gloucester, the Archbishop of Canterbury, the Bishops of London, Winchester, Norwich, Worcester, the Chancellor, Treasurer, and Keeper of the privy Seal, the Duke of Excester, the Earl of March, the Earl of Warwick, the Earl Martial, the Earl of Northumberland, the Earl of Westmoreland, the Lord Cromwell, the Lord Fitz-Hugh, the Lord Bourchier, the Lord Scroop, Master Walter Hungerford, Master John Tiptoff, Thomas Chaucer, William Allington. In the Parliament of 29. Henry 6. num. 16. Upon the Petition of the Commons against divers Lords, Bishops, Knights, Esquires, and others, to the number of 29. who mis-behaved themselves about the royal Person of the King, and in other places, by whose only means it was suggested, the King's possessions had been greatly diminished, his Laws not executed, the peace of the Realm not observed, to the great hurt and trouble of the liege people of the Realm, and likely subversion of the same, of which misbehaviour, universal noise and clamour was openly received throughout all the Realm, upon the same persons specified in the Petition; all of them, except the Lords and some few others, without further evidence against them, were by the King now removed from his presence and Court for a whole years' space, within which time any man that could and would object against any of them should be patiently heard and intended to. These few fresh Precedents added to the precedent, and to such foreign examples of this nature cited in the Appendix, will abundantly clear the Parliaments right and Kingdom's interest in nominating, placing, and displacing the great Officers of the Kingdom, and in regulating the Kings own menial servants in some cases, when they either corrupt or mis-counsell him. And thus much touching the unhappy differences between the King and Parliament, concerning matters of his own royal Prerogative. The Parliaments Right and jurisdiction to impose Taxes and Contributions on the Subjects for the necessary defence of the Realm, Laws, Liberties without the King, in case of the King's wilful absence from, and taking up Arms against the Parliament and Kingdom, briefly vindicated from the calumnies against it. THe several grand Objections of consequence made by the King and others against the Parliaments pretended usurpations upon the just Rights and Prerogatives of the Crown, being fully examined and refuted in the Premises, so far (I hope) as to satisfy all ingenuous men, in point of Divinity, Policy, Law, Reason, Conscience. I shall next proceed to the remaining material Accusations which concern the Subjects only, in regard of Property and Liberty: wherein I will contract my Discourse into a narrow compass; partly because the debate of the foregoing Differences between the King's Prerogative and the Parliaments Sovereign Jurisdiction, hath in some sort overruled the Controversies betwixt the Subjects and both Houses, representing them: party because these accusations are not so universally insisted on, as the former which concern the King; the justness of them being generally acknowledged, willingly submitted to by most, except such, who calumniate and traduce them, either out of covetousness only to save their Purses, or from a groundless Malignity against the Parliament, or out of a consciousness of their own Delinquencies, subjecting them to the Parliaments impartial Justice, or out of some particular interests which concern them in their gains, honours, preferments, or such who by their restraints for not paying Parliamentary Assessments, hope to save their purses for the present; or to gain favour and preferment by it for the future. If these private sinister ends were once laid by, this second sort of accusations would speedily vanish, especially with men of public spirits, who prefer the Commonweal before their own particular interests. The first of these Cavillatory Objections against the Parliaments proceedings is, Object. 6. That both Houses, See the King's Declarations and Proclamations against this and other Assessments. without the King's Royal Assent, have contrary to Magna Charta, the Petition of Right, the Statues De Tallagio non concedendo, and other Acts, by their Ordinances only imposed late Taxes on the Subjects, amounting to the twentieth part of their estates, and since that monthly or weekly Assessments, to maintain a war against the King; a grand encroachment on the people's Properties, contrary to all Law and justice. This Objection seems very plausible and cordial to covetous Earthworms, Answer. being politicly contrived to Court the close-handed niggardly party, by those who are guiltiest in themselves of that they thus object against others. But it will easily receive an answer, as to the Parliament, and recoil with infinite disadvantage on those that make it. First then I answer, That the Parliament is the absolute Sovereign power within the Realm, not subject to, or obliged by the letter, or intendment of any Laws, being in truth the sole Lawmaker, and having an absolute Sovereignty over the Laws themselves (yea, over Magna Charta, and all other objected Acts) to repeal, alter, determine and suspend them when there is cause, as is undeniable by its altering the very common Law in many cases, by repealing, changing many old Statute Laws, and enacting new ones every Sessions as there is occasion, for the public safety and defence. This the practice of all Parliaments in all ages (yea the constant course of all Parliaments and Assemblies of the Estates in all foreign Kingdoms too) abundantly manifests. The Parliament therefore never intended by all or any of these objected Acts, to bind its own hands, but only the Kings and his Ministers, with inferior Courts of Justice, neither is the Parliament within the letter, words, or meaning of them; therefore not obliged by them. 2. The King, with his Officers, Judges, and inferior Courts of Justice only are included, and the Parliament, is directly excluded out of the very letter and meaning of all these Acts; as is apparent. First in general, from the occasion of enacting all these Laws, which was not any complaints made to the King of any illegal taxes, imprisonments, or proceedings of our Parliaments, to the oppression of the people; but only the great complaints of the people and Parliament against the illegal taxes, See Sir Edward Cooks institut. on Mag. Charta, and these Laws Articuli super Chartas, Confirmatio Chartarum, part. 1. impositions, imprisonments, and oppressions of the Subject by the King, his Officers, Judges, and inferior Courts of Justice, as all our Histories, with the Prefaces and words of the Acts themselves attest; to redress which grievances alone these Laws were made by the Parliaments and people's earnest solicitations, much against the King's good will. The Parliament then (who would never solicit the making of a Law against, or to restrain itself) being clear out of the original ground and mischief of enacting these Laws, and the King, with his Ministers, and inferior Courts only within them; they can no way extend to the Parliament, but to them alone. 3. The Parliament, ever since the making of these Acts, hath always constantly enjoyed an absolute right and power, without the least dispute, of granting and imposing on the Subjects whatsoever Taxes, Subsidies, Aids Confiscations of Goods, or restraint of Liberty by temporal or perpetual imprisonment, it thought meet and necessary for the public defence, safety, and tranquillity of the Realm, as the several Taxes, Subsidies, and Poll-monies granted by them in all ages, the many Statutes enjoining confiscation of Lands, Goods, corporal punishments, banishments, temporary or perpetual imprisonments, for divers things not punishable, nor criminal by the Common Law, or when Magna Charta, and the ancient Statutes in pursuance of it were first enacted, abundantly evidence past all contradiction: none of all which the King himself, his Officers, Judges, or inferior Courts of Justice can do, being restrained by the objected Acts. Therefore it is altogether irrefragable, that the Parliament and Houses are neither within the words or intentions of these Acts, nor any ways limited or restrained by them, but left as free in these particulars (in order to the public good and safety) as if those Acts had never been made, though the King, with all other Courts, Officers, Subjects, remain obliged by them. 4. This is evident by examination of the particular Statutes objected: The first and principal of all the rest is Magna Charta, cap. 29. But the very words of this Law: Nor We shall not pass upon him, nor condemn him, but by the lawful judgement of his Peers, or by the Law of the Land: We shall deny nor defer to no man either Justice or Right, compared with the Preface to, and first Chapter of it, Henry, etc. know ye that We, etc. out of mere and free will, have given and granted to all Archbishops, Bishops, Earls Barons, and to all free men of this our Realm of England, and by this our present Charter have confirmed FOR US AND OUR HEIRS FOR EVERMORE, these liberties underwritten, to have and to hold to them, and their Heirs, OF US AND OUR HEIRS FOR EVERMORE, etc. (together with the whole tenor and title of this Charter, and the two last Chapters of it;) All those customs, and liberties aforesaid which we have granted to be holden within our Realm, as much AS APPERTAINETH TO US AND OUR HEIRS, WE SHALL OBSERVE. And for this our gift and grant of those Liberties, etc. our Subjects have given us the fifteenth part of all their moveables: And We have granted to them on the other part, that NEITHER, WE NOR OUR HEIRS shall procure or do any thing, whereby the Liberties in this Charter contained shall be infringed or broken; We confirm and make strong all the same FOR US AND OUR HEIRS PERPETUALLY. (not the Parliament) All these, I say, infallibly demonstrate, that this Statute of Magna Charta, did never extend unto the Parliament to restrain its hands or power, but only to the King, his Heirs, Officers, Courts of Justice, and particular subjects. So that the Parliaments imprisoning of Malignants, imposing Taxes for the necessary defence of the Realm, and seizing men's goods, or imprisoning their persons for nonpayment of it, is no ways within the words or intent of Magna Charta, as Royalists and Malignants ignorantly clamour; but the Kings, Rastall Accusation 5, 6, 7, 8. his Officers, Counsellors, and Cavaliers proceedings of this nature are clearly most direct violations of this Law. And that which puts this past dispute are the several Statutes of 25. Edward 3. cap. 4. Statute 5. 37. Edward 3. cap. 18. 38 Edward 3. cap. 9 42. Edward 3. cap. 3. 17. Richard 2. cap. 6. and the Petition of right itself, all which expressly resolve, that this very objected Law of Magna Charta, extends only to the King himself, his Privy Council, Judges, Justices, Officers, and inferior Courts of Justice, but not unto the supreme Court of Parliament, which no man (for aught I find) ever yet held, to be absolutely obliged by it, before the King's late recess from Parliament. The next Statute is that of 34. Edward 1. cap. 1. No tallage nor aid shall be taken or levied BY US AND OUR HEIRS (not the Parliament) in our Realm, Rastall Tenths, Taxes, etc. 1. without the good will and assent of the Archbishops, Bishops, Earls, Barons, Knights, Burgesses, and other free men of the Land; which the Statute of * 25. Edward 1. thus explains, But by the common consent of the Realm. The Statute of 14. Edward 3. cap. 21. and Statute 2. cap 1. thus, If it be not by common consent of the Prelatos, Earles, Barons, and other great men and Commons of our said Realm of England, AND THAT IN PARLIAMENT. The Statute of 25. Edward the third, cap. 8. thus. If it be not BY COMMON CONSENT AND GRANT IN PARLIAMENT. The Statute of 36. Edward the third, cap. 11. thus, That no Subsidy nor other charge be set nor granted upon the Wools by the Merchants, nor by NONE OTHER from henceforth WITHOUT THE ASSENT OF THE PARLIAMENT. The Statute of 45. Edward 3. cap. 4. thus, It is accorded and established, That no imposition or charge shall be put upon Wools, Woollfels, or Leather, other than the custom and subsidy granted to the King, WITHOUT THE ASSENT OF THE PARLIAMENT, and if any be, it shall be repealed and holden for none. And the Petition of Right, 3. Caroli, thus, By which Statutes, and other good Statutes of this Realm, your Subjects have inherited this freedom, that they should not be compelled to contribute any Tax, Tallage, Custom, Aid, or other like charge, not set BY COMMON CONSENT IN PARLIAMENT. Now it is as evident as the noonday sunshine, that these Acts only extend to the King, his Heirs, Council, Officers, inferior Courts, and private Subjects only, and that the Parliament is precisely excepted out of the very intent and letter of them all, having free power to impose on the Subjects what Aids, Taxes, Tallages, Customs, and Subsidies they shall deem meet, by the express provision of all these Laws, concerning the granting and imposing of Subsidies, Therefore by the direct resolution of these Acts, the Kings, his Councillors present contributions, assessments, and ransoms imposed on the Subjects are illegal, against the letter and provision of all these Acts; but the Parliaments and Houses lawful, approved and confirmed by them. True, Object. will Royalists and Malignants answer (who have no other evasion left but this) If the King were present in Parliament, and consenting to these contributions and taxes of the twentieth part, there were no doubt of what you allege; but because the King is absent, and not only disassents to, but prohibits the payment of this or any Parliamentary Assessments by his Proclamations, therefore they are illegal and against these Laws. 1 To which I answer, Answer. First, that the King by his Oath, duty, the ancient custom and Law of the land ought of right to be always present with his Parliament (as he is now in point of Law) and not to depart from it but in cases of urgent necessity with the Houses free consents, and then must leave * See 8. H. 5. c. 1 Commissioners, or a Deputy to supply his absence. This is not only confessed, but proved by a Book lately printed at Oxford 1642. (with the King's approbation or permission) entitled, No Parliament without a King, pag. 5. to 16. where by sundry precedents in all Kings Reigns it is manifested, That Kings were, and aught to be present in their Parliaments, which I have * Part 1. pag. 42, 43, 44. formerly cleared. If then the King, contrary to these Precedents, his Oath, Duty, the Laws and Customs of the Realm, the practice of all his Progenitors, the rules of nature (which prohibit the head to separate itself from the body) and will (through the advice of malignant Counsellors) withdraw himself from his Parliament; yea, from such a Parliament as himself by a special Act hath made in some sort perpetual, at the Houses pleasure; and raise an Army of Papists, Delinquents, Malignants, and such like against it, and that purposely to dissolve it, contrary to this very Law of his for its continuance: why this illegal tortuous act of his (paralleled in no age) should nullify the Parliament, or any way invalid its Impositions or Proceedings, for their own, the Kingdoms, Peoples, and Religion's preservation (all now endangered) transcends any reasonable man's capacity to apprehend. 2. The right and power of granting, imposing, assenting unto Assessments, Taxes, Subsidies, and such like public charges in Parliament, for the public safety, rests wholly in the Commons and Lords, not King; and is their own free act alone, depending no ways on the King's assent, nor necessarily requiring his personal presence in Parliament. This is evident: First by the express letter of the forecited Acts; No Subsidy, Tax, Aid, Talleage, or Custom shall be set, granted, taken or levied, but by common consent and grant of the Prelates, Earls, Barons, Knights, Burgesses, and other free men of the Realm in Parliament; or without the assent of the Parliament: so that their * See part. 1. p. 47, 48, 49, 50. grant and assent in Parliament, (not the Kings) is the only thing that makes them legal and binding to the subject. Now both Houses have granted, ordered, and assented to this Assessment, exceeding not the twentieth part of men's estates; and given order for the levying of it, and that for the Parliaments, Kingdoms, religions, necessary defence and preservation. Therefore it is obligatory and legal, though the King himself consent not, or disassent thereto, (especially as the present condition of things stands) even by the very letter of these acts. Secondly, this is apparent by the letter of all our public Acts, for the granting of Subsidies, Aids, Tenths, Fifteen, Taxes, Customs, Tonnage, Poundage, or any such like impositions in and by Parliament, either by the Temporalty or Clergy: which Acts run usually in this manner. * 12 E. 4. c. 3. The Commons of this Realm HAVE GRANTED FOR DEFENCE OF THE SAID REALM. and especially for the safeguard and custody of the Sea, a Subsidy, a Subsidy called Tonnage, etc. * 14 E. 3. c. 20. The King then absent in France. The Prelates, Earls, Barons, and all the Commons of the Realm willingly and with one assent HAVE GRANTED the ninth Lamb, ninth sheaf, and ninth fleece, etc. And of Cities and Burroughs the ninth part of all their goods and chattels, etc. in aid of the good keeping the Realm as well by Land as by Sea, etc. * 1 E. 6. c. 13. 1 Mar. 1 E. c. 19 1 Jac. c. 33. We your poor Commons desire your excellent Majesty willingly to accept and receive these OUR POOR GRANTS hereafter following, as GRANTED of free hearts and good wills, as the first-fruits of our good wills and hearts, etc. by the advice and Assent of the Lords spiritual and temporal, GIVE & GRANT, for the defence of your realm, and the keeping and safeguard of the seas, etc. one Subsidy called Tonnage, etc. * 21 Jac. c. 32. 1. Carc. c. 5. The Prelates and Clergy, etc. as a special and significant testimony of their loyal affection, etc. with one affection and uniform consent HAVE GIVEN & GRANTED four whole and entire Subsidies. * 1 Car. c. 6. 21. Jac. c. 33. We your Commons assembled in your high Court of Parliament, humbly present your Majesty with the FREE & CHEERFUL GIFT of two entire Subsidies, etc. All Subsidies and Taxes then being the free gift of the Commons, Clergy and Peers in Parliament, and that only for the defence of the Kingdom by sea and land; it is infallible, that they do, may and can oblige themselves, and those they represent, to pay such public Taxes, to this end, without the King's concurrence. Thirdly, this is clear by considering, that the Commons and Lords in Parliament have always had: * See Rastall. Taxes, etc. throughout. 1. An absolute right and power to grant or deny Taxes, Subsidies, aids and assistance as they saw occasion. 2. To proportion the aids and Subsidies granted. 3. To limit the certain manner, ways, and times of paying and levying them; and the persons who shall either pay, assess, collect, receive, or disburse them. 4. The ends and uses to which they should be employed when levied, debarring the King oft times (when they saw cause) of any power at all to receive or dispose of them, appointing Collectors, and Treasurers of their own to receive and issue them out again, by the advice and directions of these, as themselves prescribed; for which I shall give you some few instances of note, in lieu of many more, that might be remembered. * Matth. Paris, Hist. Angl. p. 420, 421, 562, 563. daniel's Hist. p. 157. Anno 1237. being the 21 year of Henry the third, The Parliament after many contestations with the King for his fraud, oppressions, favouring of Aliens, etc. to the Kingdom's detriment; the King by Oath promising amendment, granted unto him the thirtieth part of all their moveables (excepting ready Money, Horse, and Armour) to be employed for the Common wealth, and benefit of the Realm; with this condition often annexed, that the King should leave the Counsel of Aliens, and only use that of his natural Subjects. And for more security it was ordained, that four Knights of every Shire, and one Clerk of the Kings in every several Shire, shall upon their oaths collect, receive and deliver the said Subsidy either into some Abbey or Castle, to be safely reserved there, and disposed of for the benefit of the King and Kingdom, by the view and counsel of the Earl Warren or others, when there should be need: Or otherwise if the King failed in performance of His promises and grants, it ought to be faithfully restored and distributed to the Country whence it was collected. * Walsingham. Hist. Angl. p. 88 Holinshed, Grafton, and Daniel, p. 211. In the 11. year of King Edward the 2. Anno 1318. The Parliament (not daring to trust this prodigal miscounselled King with moneys) instead of Subsides, granted him an aid of armed men against the Scots: London set forth 200. Canturbury 40. Saint Albans 10. and so all other Burroughs and Cities according to their proportion, whereby a great Army was levied. The Parliaments of 14 E. 3. c. 20. 21. Stat. 1. & Stat. 2. c. 1. 18 E. 3. Parliament 2 & 3. (forecited at large, part. 2. p. 8. 9) 31 H. 6. Num. 41. 21 Jac. c. 33. particularly direct how the Subsidies granted shall be disposed of by certain Nobles and others, whom they nominate, and appoint Treasurers to receive and issue them to the ends for which they granted them, prescribing them an oath to issue none of them to other purposes, or in any other manner than they prescribed. Yea the Acts of former Parliaments, and this present concerning Tonnage, Poundage, Polemoney, and Subsidies, frequently do the like. Therefore the granting and disposing of those Taxes, Aids, Subsidies rests wholly in the Commons, and Lords; and no ways on the King, who commonly desires the Parliament to grant them. Fourthly, this is further evidenced, by the King's usual answer and assent unto such Bills as these: * Mr. Hackwels manor of passing Bills, sect. 8. p. 78. Le Roy remercy ses Loaulx Subjects accept LOUR BENEVOLENCE, & auxy le veult; taking it wholly as a free grant from them; which assent in this case is rather formal then substantial, it being the Commons and Lords own consent only to Bills of this nature, not the Kings, that make the Taxes and Impositions binding as the forecited Statutes, the Petition of Right 3 Caroli; * See part. 1. p. 37, 38, 39, 46, to 53. Fortescue, and our Lawbookes resolve, and I have elsewhere manifested more at large. Therefore the want of the King's assent, or disassent to the Parliaments present assessment for the Kingdom's necessary defence in the present extremity (when the King not only wilfully absents himself from, but hath raised Arms against the Parliament) is not material nor simply necessary in point of Law, though usually requisite and necessary for formality sake, at other seasons, to complete such Acts; since Sepenumero Necessitas vincit legem, & quod necessarium est, licitum est (as this assessment now is) though all formalities be not punctually observed; as is resolved in Dormers' case. Cook l. 5. f. 40. b. Fiftly, it is undeniable, that the Knights, Citizens, Burgesses, and Commons in Parliament, elected by the suffrages of the several Counties, Cities, and Burroughs of England, do * See part. 1. p. 39 17. really and legally represent all the Commons; and the Lords and they the whole Realm, and all the people of England: so that what ever Tax is imposed and assented to by them, or by both Houses only without the King (who represents no man but Himself alone) is in point of Law imposed and assented to by all the Commons, and whole Realm of England, (as the recitals in all our Statutes, and Law-bookes resolve) though the King assent not to it, If therefore (as our * Fitzh. Assize 413. avowry, 74. Prescrip. 67. Br. Custom. 31. Kitchin. 45. 73. 80. Co. 5. Rep. 63. to 69. See Rastal. title Corporations. Law-books clearly resolve without dispute, and the experience of all Corporations, Parishes, and Manors evidenceth past contradiction) all Ordinances and Bylaws made for the common good of Corporations, Parishioners, Tenants of a Manor, and the like, by all or the greater part of the Corporations, Parishioners, Tenants, and Taxes imposed by them for the Common good (as repairing of Churches, Highways, Bridges, relief of the poor, and the like) shall bind the rest: even in point of Law, without the King's assent. Then by the same, or better reason, the impositions and Taxes now laid upon the subjects by the assent and Ordinances of both Houses of Parliament, representing the whole Commons and Realm of England (who actually assent likewise to these Taxes and Assessments in and by them) must and aught in point of Law to oblige all the Subjects in this case of necessity, (at least as long as the Parliament continues sitting, and this their representation of them remains entire;) especially being for the necessary defence of the Parliament, Kingdom, Religion, all our lives, estates, liberties, laws, against an invading Army of Papists and Malignants, in a case of extraordinary extremity. This I shall further clear by some ancient and late judgements in point. Mich. 14 Ed. 2. rot. 60. in the King's Bench William Heyborne brought an Action of Trespass against William Keylow, * Judge Crookes argument against Ship-money. p. 24, 25 for entering his house and breaking his chests, and taking away 70 pounds in money; the Defendant pleading, Nor guilty, the Jury found a special Verdict: that the Scots having entered the Bishopric of Durham with an Army, and making great burning and spoils, thereupon the Commonalty of Durham, whereof the plaintiff was one, met together at Durham, and agreed to send some to compound with them for a certain sum of money to depart the Country, and were all sworn to perform what compositions should be made, and to perform what Ordinance they should make in that behalf; and that thereupon they compounded with the Scots for 1600 Marks. But because that was to be paid immediately, they all consented, that William Keylow the Defendant and others, should go into every man's house to search what ready money was there, and to take it for the raising of that sum and that it should be suddenly repaid by the Communality of Durham: And that thereupon the Defendant did enter into the Plaintiffs house, and broke open the chest, and took the seventy pounds, which was paid accordingly towards that composition. And upon a Writ of Error in the King's Bench, it was adjudged for the Defendant against the Plaintiff, that the action did not lie, because he himself had agreed to this Ordinance, and was sworn to perform it, and that the Defendant did nothing but what he assented to by Oath; and therefore is accounted to do nothing but by his consent, as a servant to him and the Commonalty of Durham; therefore he was no trespasser. Which case was agreed for good Law by all the Judges, in the late Case of Ship-money argued in the Exchequer Chamber; though neither King nor Parliament consented to this Tax or Composition. This is the Parliaments present case in effect: The King having raised an Army of Papists, Delinquents, Foreigners, Irish Rebels, disaffected Persons, and actually invading the Kingdom and Parliament with it; Hereupon the Parliament were enforced to raise an Army to defend themselves and the Realm against these Invasions; For maintenance whereof, they at first made use only of voluntary contributions and supplies; proceeding only from the liberality of some private persons, May 5. 1641. best affected to the public service; Which being xehausted, The Lords and Commons considering what a sol●mne Covenant and Protestation themselves had made and taken, and the Subjects likewise throwout the Realm, to maintain and defend, as far as lawfully they might WITH THEIR LIVES, POWER AND ESTATES, The true Reformed Protestant Religion, etc. As also THE POWER AND PRIVILEGES OF PARLIAMENT, THE LAWFUL RIGHTS AND LIBERTIES OF THE SUBJECT, And every person that maketh this Protestation, in whatsoever he shall do in the lawful pursuance of the sam● etc. as in the Protestation (made by both Houses consents when fullest:) And considering that the whole Commons and Kingdoms assents were legally and actually included in what they assented in Parliament, for the necessary defence of the Realm, the Subjects, Parliaments Privileges, Rights, and the Reformed Religion (all actually invaded, endangered) by an Ordinance of both Houses, without the King's consent (than absent from, and in open hostility against them) impose a general Assessment upon all the Subjects, NOT EXCEEDING THE TWENTIETH PART OF THEIR ESTATES; And for nonpayment prescribe a distress, etc. Why, this Assessment in this case of necessity, being thus made by assent of both Houses (and so of all the Kingdom in them) in pursuance of this Protestation, should not as legally, yea more justly oblige every particular subject, though the King assented not thereto, as well as that agreement of the men of Durham, did oblige them even in point of Law, Justice, Conscience, transcends my capacity to apprehend: and if the first Case be Law, as all the Judges then, and of late affirmed, the latter questionless must be much more Legal, and without exceptions, a Cook 5. Report. fol. 62, 63. M. 32. and 33. Eliz. in the King's Bench, in the Chamberlain of London's case, it was adjudged, That an Ordinance made by the Common Council of London only, that all Clothes should be brought to Blackwell-hall, to be there veiwed, searche●, and measured, before they were sold, and that a penny should be paid for every Cloth for the Officer that did the same, and that six shillings eight pence should be forfeited for every Cloth, not brought thither and searched; was good to bind all within the City, and that an Action of Debt would lie at the Common Law, both for the duty, and forfeiture, because it was for the public benefit of the City and Commonwealth, b Cook 5. Report f 62. M. 38. Eliz. in the Common-Pleas, it was adjudged in Clerk's Case; That an Ordinance made by assert of the Burgesses of Saint Albans, whereof the Plaintiff was one, for assessing of a certain sum of Money upon every Inhabitant, for the erecting of Courts there (the Term being then adjourned thither from London, by reason of the Plague) with a penalty to be●l●●yed, by distress, for nonpayment of this Tax, was good to bind all the Inhabitants there, because it was for the public good. c 〈…〉 Mich. 31. and 32. Eliz. in the King's Bench, William Jefferies Case, and Pasch. 41. Eliz. Pagets Case, it was resolved; That the Churchwardens with the greater part of the Parishioners assents, may lay a Tax upon all the Parishioners, according to the quantity of their Lands and Estates, or the number of Acres of Land they hold (the Tax there was four pence an Acre for Marshland, and two pence for Earable) for the necessary reparation of the Church; and that this shall bind all the Inhabitants, so as they may be Libelled against in the Spiritual Court for nonpayment thereof, and no prohibition lieth. The like hath been resolved in sundry other Cases. And, by the Common-Law of England where by the breach of d Register. fol. 127. Fitz. Nature. Br●u. fol. 113. Cook, l. 10. fol. 142. Sea-Walls, the Country is, or may be surrounded, every one who hath Lands within the level or danger, which may have benefit, or loss, by the inundation, may and shall be enforced to contribute towards the repair, and making up of the Sea-walls, and a reasonable Tax assessed by a Jury, or the Major-part shall bind all the rest, because it is both for their own private, and the common good. If the Law be thus unquestionably adjudged in all these Cases, without the King's assent, then much more must this Assessment imposed by both Houses be obligatory, in point of Law and Justice, though the King consented not thereto, since the Houses, and whole Kingdom consented to it, for their own defence and preservation. Sixthly, This is a duty inseparably incident by the Fundamental Law, and original compact of every Kingdom, City, Corporation, Company or Fraternity of men in the World; that every Member of them should contribute proportionably upon all occasions (especially in Cases of imminent danger) toward the necessary charges, defence, and preservation of that Kingdom, City, Corporation, Company, or Fraternity, of which he is a Member, without which contribution, they could be neither a Kingdom, City, Corporation, Company, Fraternity, or have any continuance, or subsistence at all; Which Contributions are assessed by Parliaments in Kingdoms, by the Aldermen, or Common-council in Cities, by the Master and Assistants in Fraternities, and what the Major part concludes, still binds the Residue, and the dissent of some (though the Major, or Master of the Company be one) shall be no obstacle to the rest. This all our Acts concerning Subsidies, Aids, Tonnage and Poundage the daily practice and constant experience of every Kingdom, City, Corporation, Company, Fraternity in the World, manifests past all contradictions; which being an indubitable verity, I think no reasonable man can produce the least shadow of Law or Reason, why the Parliament representing the whole Body of the Kingdom, and being the supreme Power, Counsel, in the Realm; bound both in Duty and Conscience, to provide for its security, may not in this Case of extremity legally impose this necessary Tax, for their own, the Kingdoms, Subjects, Laws, Religion's preservations (of which they are the proper Judges, Guardians) and should not rather be credited herein then a private Cabinet Court-Counsell of persons disaffected to the Republic, who impose now far greater Taxes on the Subjects, and plunder, spoil, destroy them every where directly against the Law, of purpose to ruin both Parliament, Kingdom, Religion, Laws, Liberties, and Posterity. Seventhly, It is confessed by all, That if the King be an Infant, Non-Compos, absent in Foreign remote parts, or detained prisoner by an Enemy, that the Kingdom or Parliament in all such Cases, may without the King's actual, personal assent, create a Protector or Regent of their own Election, and not only make Laws, but grant Subsidies, impose Taxes, and raise Forces for the Kingdoms necessary defence, as sundry domestic and foreign Precedents in the preceding e Part. 1. p. 5●. 50. 99 100, 101, 102 part. 2. p 98, etc. Francis, Then his Catalogue of Protectors, in Holinshed, p. 1073 etc. Parts, and Appendix, evidence; And f De jure Belli & Pacis, l. 1. c. 3 nu. 24. p. 69. Hugo Grotius, g Vindiciae contr. Tyrannos, qu. 3, 4. Junius Brutus, with other Lawyers acknowledge as a thing beyond all dispute. Nay, if the King be of full age, and within the Realm, if a foreign enemy come to invade it, and the King neglect or refuse to set out a Navy, or raise any Forces to resist them, The Lords and Commons in such a Case of extremity, may, (and are bound in Law and Conscience so to do) for their own, and the Kingdom's preservation, not only in and by Parliament, but without any Parliament at all (if it cannot be conveniently summoned) lawfully raise forces by Sea and Land, to encounter the Enemies, and impose Taxes and Contributions to this purpose on all the Subjects by common consent, with clauses of distress and imprisonment in case of refusal, as I have elsewhere proved. And if in Case of invasion, even by the Common-Law of the Realm, any Captains or Soldiers may lawfully enter into another man's ground and there encamp, muster, or build Forts to resist the Enemy, or pull down the Suburbs of a City, to preserve the City itself, when in danger to be fired or assaulted by an Enemy, without the special consent of King, Parliament, or the Owners of the Lands, or Houses, without h 13. H 8. 16. 9 E. 4. 35 b. 8. E. 4 23. Br. Custom 145. Trespass 406. Dyer. 36. Trespass or offence, because it is for the public safety, as our Law Books resolve; Then much more may both Houses of Parliament, when the King hath through the advice of ill Councillors wilfully deserted them, refused to return to them, and raised an Army of Papists and Malignants against them and the Realm (now miserably sacked and wasted by them, as bad as by any foreign Enemies) both take up Arms, raise an Army, and impose Assessments and Contributions by Ordinances, unanimously voted by them, against which no Lover of his Country, or Religion, no nor yet the greatest royalist, or Malignant, can with the least shadow of Law or Reason, justly except. Eightly, If they shall now demand what Precedents there are for this? I Answer: First, That the Parliament being the Sovereign Power and Counsel in the Realm, is not tied to any Precedents, but hath power to make new Precedents, as well as new Laws, in new Cases and mischiefs; where there are no old Precedents, or vary from them though there be ancient ones, if better and fitter Precedents may be made; as every * Cook 4. Rep. f. 93, 94. Ash. Title silent'st. Court of Justice likewise hath Power to give new Judgements, and make new Precedents in new Cases, and may sometimes swerve from old Precedents, where there were no ancient Precedents to guide them; even as Physicians invent new Medicines, Chirurgeons new Emplasters for new Diseases, Ulcers, or where old Medicines and Balsams, are inconvenient, or not so proper as new ones. And as men and women daily invent and use new Fashions at their pleasure, & Tradesmen new Manufactures without licence of King or Parliament, because they deem them better or more comely than the old. Secondly, I might demand of them, by what old domestic lawful Precedents, His Majesty's departure from the Parliament, His Levying War against it, His proclaiming many Members of it, i See the Remonstrance of the rise and progress of the Irish Rebellion and Rome's Masterpiece. Traitors, and now all of them Traitors and no Parliament; His unvoting of their Votes in Parliament, out of Parliament; His imposing of Taxes and Contributions in all Countries where His Forces are, beyond men's estates, and annual revenues; His burning, sacking, pillaging, murdering, ruining, of His own Kingdom, Subjects, both by Sea and Land, and putting them out of His regal Protection; His raising of an Army of English, Irish, Scottish, French, and German Papists to maintain and settle the Protestant Religion among us, (which they have plotted totally to extirpate, as appears by their proceedings in Ireland, England, and the late plot discovered among the Archbishop's Papers) and the like, are warranted? (which questions I doubt would put them to a nonplus, and silence them for eternity:) yet to satisfy their importunity, and stop their clamorous mouths; I shall furnish them in brief, with some Precedents in point in all States, and Kingdoms of note in former, in latter times, and in our own Realm too; In all the civil wars between Kings and Subjects, in the Roman and German Empires, France, Spain, Arragon, Castille, Hungary, Bohemia, Poland, Denmark, Scotland, and other Kingdoms mentioned in the Appendix; They shall find that the general Assemblies of these States, Lords & Commons, without their Emperors or King's assents, did both raise Forces, impose Taxes, yea, and seize on the Imperial and Royal Revenues of the Crown to support their wars, against their Tyrannical oppressing Princes. In * See M●tranus and Grimstons' general History of the Netherlands. Flaunders heretofore, and the Low-Countries of late years, th●y have constantly done the like; as their Excises long since imposed, and yet on foot by common consent (without the King of Spain's good liking) to preserve their Liberties, Religion, Estates, from the Spanish Tyranny, witness; which every one willingly at the very first imposition, and ever since hath readily submitted to, being for the public preservation. The like hath been done in former ages, and within these five years in the Realm of Scotland; the same is now practised even without a Parliament by the Popish Rebels both in Ireland and England, who have laid Taxes upon * See the Relation and proceedings of the Irish Assembly at Kilk●●y The Parliaments Remonstrance of the rise and progress of the Irish Rebellion. all Ireland, and all the Romanists in England, for the maintenance of this present Rebellion; and yet neither King, nor his Counsel, nor Royalists, nor Malignants (for aught I can read or hear) have ever so much as once written or spoken one syllable against it, when as many large Declaration; Proclamations, Inhibitions in His Majesty's Name, and at least forty several Pamphlets have been published by Malignants against this Assessment of the Parliament, and the Levying, or paying thereof, strictly prohibited under pain of high Treason; such a grand difference is there now put by the Royal Court-partie (to the amazement of all intelligent men) between the Irish Rebels, (now the King's best Subjects as it seems) who may do what they please without censure or restraint; and the English (now unparliamented (Parliament, though perpetuated by an Act of Parliament) who may do nothing for their own, or the Kingdom's safety, but it must be high Treason at the least. O temporâ; o mores: Quis 〈◊〉 fando temp ret a lachrymis? Add to this, * See the Irish excise. That the Lords Justices and Council in Ireland, the twenty nine of June, 1643. have without authority of Parliament or King, for their present necessary defence, against the Popish Rebels there, imposed an Excise upon most commodities in that Realm, here lately Printed; which no man can deem Illegal in this case of absolute necessity. But to come close home unto ourselves; who is there that knows aught in history and policy, but must needs acknowledge, That the Britain's and Saxons wars of this Realm, against their oppressing Kings, * See Part. 1. p. 7, 8, 9 etc. Archigallo, Emerian, Vortigerne, Sigeb●rt, Osred, Ethelred, Beornard, Leowulfe, Edwine, (whom they deposed for their Tyranny and misgovernment;) That our Barons long-lasting bloody wars against King John, Henry the third, Edward the second, Richard the second, and others forementioned; were maintained by public Assessments and Contributions made by common consent, even without a Parliament, and with the Revenues and Rents of the very Crown, which they seized on, as well as the Castles and Forts? This being a true rule in Law, Qui sentit commodum, sentire debet & onus; All the Kingdom had the benefit, of regaining, preserving, establishing their Fundamental Charters, Laws, Liberties, by those wars; therefore they deemed it just, that all should bear a share in the charge and burden, by voluntary Assessments without King or Parliament. During the absence of King Edward the third in France; The a 14 E 3. c. 20, 21. ●●rec. p. 2, 3, 4, 5. Lords and Commons in Parliament, for the defence of the Realm by Sea and Land, against foreign Enemies; granted an aid of the ninth Sheaf, Lamb, and Fleece, besides many thousand Sacks of Wool, and the ninth part of other men's Estates in Towns and Corporations, and disposed both of the Money and Militia of the Realm, for its defence, as you heard before: The like did they during the Minorities of King Henry the third, King Richard the second, and King Henry the sixth, as the premises evidence, without those King's personal assents. b Matthew Paris. p. 952. 953. Speed. p. 636. Anno Dom. 1259. Richard King of Romans coming with a great Navy and Army of Germans, and foreigners, to aid his Brother, King Henry the third, against the Barons; thereupon, the Barons sent out a fleet to encounter them by Sea, and prepared a strong Army of Horse and Foot by Land, that if they prevailed against them at Sea, (which they feared not,) yet they might valiantly and constantly entertain and repulse them, on the shore and dry Land; which the King of Romans being informed off, disbanded his forces, and came over privately with three Knights only attending him. This was done without the King's assent, and yet at public charge. When c Reges Hoveden, Annal par● post, p. 726. D●nial. p. 121. King Richard the first was tak●n particular by the Emperor in his return from the holy Land, by Authority of the King's Mother, and the King's Justices alone (without a Parliament) it was decreed, that the fourth part of all that years Rents, and of all the moveables, as well of the Clergy, as of the Laity, and all the Woolles of the Abbots of the Order of the Cistersians, and of Semphringham, and all the Gold and Silver Chalices, and Treasure of all Churches should be paid in, toward the freeing and ransom of the King; which was done accordingly. If such a tax might be imposed by the Queen Mother, and Justices only, without a Parliament, for ransoming the King alone from imprisonment, may not a tax of the twentieth part only of men's estates be much more justly imposed on the Subjects by an Ordinance of both Houses in Parliament without the King, for the defence and preservation, both of the Parliament and Kingdom to, when hostily invaded by the King? In few words, the King and his Council, yea his very Commanders, (without his special Commission or advice) have in many Countries imposed large monthly, weekly Contributions and Assessments on the People, beyond their abilities and estates; yea, upon the very Speaker and Members of the Commons, and Lords House, (notwithstanding their Privileges of Parliament, which they say they will maintain) to the utter impoverishing, and ruining of the Country; yea, they have burned, sacked, plundered, many whole Towns, Cities, Counties, and spoiled thousands of all they have, contrary to their very Promises, Articles, Agreements, which they never faithfully observe to any in the least degree; and all this to ruin the Kingdom, People, Parliament, and Religion; yet they justify these their actions, and the Parliament, People, must not control, nor deem them Traitors to their Country for it: And may not the Parliament then more justly impose a moderate in-destructive necessary tax without the King, for the Kingdoms, Religions, and People's defence and preservations, against their barbarous Taxes, Plunderings, and Devastations, than the King, or his Commanders, Soldiers play such Rex, and use such barbarous oppressions without, yea against the Parliaments Votes and consents? Let them therefore first cease their own most detestable unnatural, inhuman practices, and extortions of this nature, and condemn themselves, or else for ever clear the Parliament, from this unjust Aspersion. The last Objection against the Parliament is, Object. 7. That they have Illegally imprisoned, restrained, plundered some Malignants, and removed them from their habitations, against Magna Charta, the Fundamental Laws forenamed, and the Liberty of the Subject, contrary to all Precedents in former Ages. To which I answer, Answ. 1. First, That the Objectors and King's party are far more guilty of this crime, than the Parliament, or their Partisans, and therefore have no reason to object it, unless themselves were more innocent than they are. Secondly, For the Parliaments imprisoning of men pretended to be against Magna Charta: I answer first, That the Parliament is not with in that or any other Law against imprisonments, as I have formerly cleared; Therefore is not obliged by it, nor can offend against it: Secondly, That it hath power to imprison, restrain the greatest Members of their own Houses * See Cromptons' jurisdiction of Courts, f. 7, 8, 9, 10. Hollinshead. p. 1584. Ferrer Cas●. Dyer. 275 39 E. 3. 7. 8. H. 4. 12, 13. though privileged men, exmept from all other arrests; and public persons representing those that sent them thither: Therefore much more may they imprison, or restrain, any other private persons, notwithstanding Magna Charta. And the Parliament being the supremest Judicaturo paramount all other Courts, their commitments can not be Legally questioned, determined, nor their prisoners released by Habcas Corpus, in or by any other inferior Court or Judicature whatsoever. 3. The Parliament hath power to make new Laws for the temporal and perpetual imprisonment of men, in mischievous cases, where they could not be imprisoned by the Common Law, or any other Act before or since Magna Charta; and so against the seeming letter of that Law which extends not to the Parliament; and what persons they may restrain, imprison by a new enacted Law, though not restrainable before by Magna Charta, or the Common Law, without breach of either, they may whiles they sit, in case of public danger, restrain, imprison, by their own Authority, without, or before a new Law enacted. In how many new Cases, by new Statutes made since Magna Charta, the Subjects may be lawfully imprisoned, both by Judges, Justices, Majors, Constable, and Inferior Courts or Officers; whereas they could not be imprisoned by them, by the Common Law, before these Acts, without breach of Magna Charta, and violating the Subject's Liberties, you may read in the Table of Rastals Abridgements of Statutes, and in Ashes Tables. Title Imprisonment, and False-Imprisonment; Yea, by the Statutes of 23. H. 8. cap. 1. 31. H. 8. cap. 13. 33. H. 8. cap. 12. 5. Eliz. cap. 14. 1. and 2. Phil. Marry, cap. 3. 5. and 6. E. 6. cap. 1. 1. Eliz. cap. 2. with other Acts, perpetual imprisonment, during life, is inflicted in some cases, for which no imprisonment at all could be prescribed before these Acts, and for crimes, for which the parties were not formerly punishable; yet for the public weal, peace, safety, and prevention of private mischiefs, even against the Letter (as it were) of the great Charter the Parliament hath quite taken away all liberty, the benefit of the Common Law, and of Magna Charta itself, from parties convicted of such offences, during their natural lives; and if they bring an Habeas Corpus in such cases, pretending their perpetual imprisonment, and these latter Laws to be against Magna Charta, they shall notwithstanding be remanded and remain prisoners all their days, because the Parliament is above all Laws, Statutes, yea Magna Charta; and may deprive any Delinquents of the benefit of them, yea, alter or repeal them, for the common good, so far as they see just cause; Though neither the d Fortescue, l. 1 c. 9, 10. 14, 15. Cromptons' Iurisdict f. 14. 11 H. 4. f. 73. 76. King, nor his Counsel, nor Judges, nor any Inferior Officers, or Courts of Justice, have any such transcendent power, but the Parliament alone, to which all men are parties, really present, and allowing all they do; and what all assent to, decree for the common good and safety, Brooke Poerag. 15. must be submitted to by all particular persons, though never so mischievous to them; this being a Fundamental Rule even in Law itself e Littleton and Cook Institutes 1 H. 7. 15 a 17. b. 21 H. 7. 8. a. That the Law will rather suffer a private mischief, than a general inconvenience. Seeing then the Parliament to prevent public uproars, sedition, treachery, in or against the Kingdom, Cities, Houses, or Counties, where factious persons live, hath thought meet to restrain the most seditious Malignants, (especially these about London and Westminster where they sit) and to commit them to safe custody, till they receive some good assurance of their peaceable behaviour; they must patiently suffer their private restraints for the common safety, tranquillity, till the danger be past, or themselves reform; who if they reform not their own malignity, not the Parliaments cautelous severity, themselves must be blamed, since they detain themselves prisoners only by not conforming, when as the Parliament desires rather to release, then restrain them, if they would be regular; and so they must blame themselves alone, not clamour against the Houses. All Leprous persons by the f Levit. 13. & 14. levitical and g Register. par. 1. f 267. Fitz. Nat. Bre. f 234 Common Law, were to be sequestered and shut up from others, lest they should infect them; and so all persons visited with the Plague by late h 1 jac. c 31. Statute Laws may be shut up, without breach of Magna Charta. Why then not Malignant, seditious ill affected persons, who infect others in these times of Commotion and Civil Wars, as well as Lepers and Plague sick persons, removed into Pest-houses, for fear of spreading the Infection upon the selfsame grounds, by the Houses Authority? The Parliament by an Ordinance, Act, or Sentence, hath Power to banish men out of the Kingdom in some cases (which no other Court, nor the h See M●gna 〈◊〉 c 29. 〈…〉 Cook Ibid. King himself can lawfully d●, as was expressly re●olved in Parliament, upon the making of the Statute of 35. Eliz. cap. 1.) as is evident by the case of Thomas of Weyland, An. 19 E. 1; Of i S●●e W●lsi●g 〈…〉 in the 6. & 7. E. 2. 〈…〉 1. p 20. 21, 22. 〈…〉 E. 3. cap 2. Walsi●g. hist. 〈…〉 Speed, p. 674 P●irce Gavaston and the two Spencers in King Haward the second his reign. Of the Lord k 10. E 3 53. Cooks Instit. f. 〈…〉. Maltrav●rs in Edward the third his reign; Of l 〈◊〉 Speed, Grafton, 〈…〉 in 10 and 11 R. 2. 1 H. 4 1. b. 2 H 4 7. a. 31 〈…〉 B●lknap and divers, over Judges in the 10 and 11 years of Richard 2. his reign, by the Statutes of 33. El. c. 1. Separatists, 〈…〉 39 El. c. 5. R●gues are to be banished: and in m Regist fol. 312. b Cooks. 〈◊〉 f. 123. Calais heretofore, a woman might be justly banished the Town for adultery; and a scold at this day after three convictions is to be banished out of Westminster, and rowed ov●r the Thames from thence through the water at the tail of a Boat, for the quiet of the City. Then much more may any private seditious turbulent Malignants ●e justly restrained to some safe places where they may do no harm, till the wars and troubles be ended, or themselves reclaimed. Fifthly, By the n 〈…〉 Common and Statute Law of the Realm, yea by n 〈…〉 Magna Charta itself, cap. 30. the Lands, Rents, Goods, and Persons of Priors, and other aliens, Merchants, or others, residing in England may be, and have been usually seized or, and secured, or else their persons banished the Realm, and borders of England, during the wars with others of that Nation, lest they should assist them in the wars with their Estates, persons, or intelligences, or betray the Kingdom, or places where they resided to the Enemy; And upon this ground by the express Statutes of 2. H. 4. cap. 12. 20. 1. H. 4. cap. 7, 8. 3. H. 5. cap. 3. 4. H. 5. cap. 6. 1. H. 6. cap. 3. the Irish, Britain's, Welshmen, and Scots, because we had frequent war, with them, were not permitted to purchase either Houses or Lands, or to remain in any Fort, Town, or City, near the Borders of Scotland, or W●l●s, but banished thence, and their Goods and persons, seized on in times of war, to prevent treachery, intelligence, and assistance of the Enemy. A thing generally practised and warranted in all States and Kingdoms, (as well as in England,) by the very Law of Nations, as just and necessary in times of wars; as Martinus Laudensis de R●praesaliis & de Bello, Henricus Ranzovius his Commentarius Bellicu●, Ge●rgius Obbrectus: Disput: Juridca de Bell●, Henri●us Boc●rus de Jure Pr●gnae▪ Hung Grotius, & Albericus Gentilis, in their Books de Jure Belli, and all Historians evidence: Therefore lawful for the Parliament to practise at this present, as well as the King, or any others. Sixthly, In times of Foreign Invasions, the Parliament hath enjoined all Inhabitants near the Seacoasts or Marches of Scotland and Wales, to repair to their Houses and Lands there, with all their Families, for the defence and safety of the Realm, under pain of imprisonment, and confiscation of their Goods, and Revenues there, and elsewhere, as is evident by 13. E. 3. nu. 21. Parl. 1. and Parl. 2. n. 20. 23. Eliz. ●4. the * 35. Eliz c. 2 3. jac. c. 3, 4, 5. Statutes confining Papists to their Houses▪ and sundry other Precedents. Therefore by like reason they may confine Malignants in times of war, for the public peace and safety, and disarm them to for a time; a Constables may by the Law, disarm and imprison peace-breakers, fray-makers, riotors, and others to prevent bloodshed, quarrels, and preserve the public peace. Thirdly, For the plundering of Malignants, and sequestering their Estates; I answer, that, I think the Parliament never yet approved the plundering (or in plain English, robbing) of any man, by any of their forces; they having plundered no places taken by assault, for aught I hear; though the King's forces on the contrary, have miserably plundered all the Kingdom almost, (except the Papists who are most exempted from this rapine, and some few, chief Malignants,) yea, those very Persons, Soldiers, Cities, Towns, which by their very Articles of surrender, were not to be plundered; (witness, Taunton, Bridgewater, Bristol, Gainsborow, where many have been pillaged to their naked skins, notwithstanding their Ariticles of agreement, solemnly sworn, to depart quietly with bag and baggage, without interruption, and the Towns to be free from plunder) contraty to the very * Alber. Gent. de jure Belli, l. 3. and Hugo Gro●ius, de jure B●l●i. l 3 cap 9 10. 11. etc. Law of war, and Arms; which may instruct all others not to trust them henceforth. If any of the Parliaments forces have misbehaved themselves in plundering any Malignants or disaffected persons, more than by seifing of their Arms, distraining their Goods for imposed Assessments; or sequestering their Plate, Monies, Estates, for the public service upon promise of repayment and restitution; I know the Houses have publicly, by express Ordinances, inhibited, disavowed the fact, and exposed the disorderly Delinquents to condign punishments, even to the loss of their lives, if any please to prosecute them by way of indictment or Marshal Law. For my part I abhor all violence, plunder, rapine, and disorders in Soldiers, as contrary to the Law of God, Obadiah 10. to 16. Luke 3. 14. and leave those who are guilty of them to the severest public justice, as offenders against the o See Albericu● Gentilis, de jure Belli, l. 2. c. 16. 2. 3. l. 3. c. 2. & 19 Hugo Grotius, de jure Belli, l. 3. c. 11. to 23. Law of Nature, of Nations, of the Land, yea, of War itself: But God forbid the Parliament should be unjustly charged with all the misdemeanours of their Soldiers, which they prohibit, detest, censure; more than the King with all the barbarous rapes, murders, cruelties, rapines, and monstrous insolences, which his Cavaliers every where perpetrate without punishment or restraint; especially the bloodthirsty Irish Popish Rebels among them: who having shed so much English Protestant's blood in Ireland, ere they came over hither, of which they vaunt, is such an high dishonour to God, and the English Nation, if their own blood be not shed for it by the hand of vengeance here; that I wonder with what face or spirit, His Majesty or any English Protestant can patiently suffer these Irish Rebels to shed any more Protestant English blood, breath in English air, who have cut the throats of so many thousand innocent English, both here and elsewhere, and are like to cut all our throats ere long (as they have designed) unless their throats be first cut by us. But yet for the plundering of such Malignant's goods, and houses, who are opposite to the whole Kingdom and Parliament, and will not join with them in the common cause, which concerns us all; as it hath sundry p See Part. 1. p 22. Part. 2. p. 18, 19, ●0 Fa●ia●. part. 7. p. 78 92. patterns in the Baron's Wars, against the Poictovines and their faction, in Henry the third his reign, and afterwards against the Spensers, in Edward the second days formerly touched; so it hath one observable general resolution of the whole body of the Lords and Commons, warranting it in King John's reign, even then when they all took up Arms to enforce him to confirm the great Charter itself, which our Opposites cry out to be violated by the Parliaments moderate seizures, only by way of distress or sequestration: q Matth. Paris, Hist. p. 243. to 255. Daniel p. 142, 143, 144. Part. 1 p 9 10. For the Barons, Knights, and Commons, with their whole Army being m●t together in London, which joined with them to gain this Charter from the King; sent from thence Letters to all the Earls, Barons, and Knights throughout England, who seemed (though but feignedly) to adhere to the King, exhorting them with this Commination; That as they loved the indemnity of their Goods, and possessions, th●y should d●sert a perjured King, and adhering faithfully to them, should with them inviolably stand, and effectually contend for the Liberties and Peace of the Kingdom; which if they contemned to do, thy would with force of Arms, and Banners disslayed, MARCH AGAINST THEM AS PUBLIC ENEMIES, SUBVERT THEIR CASTLES, BURN THEIR HOUSES AND EDIFICES, AND NOT CEASE TO DESTROY THEIR PONDS, PARKES, AND ORCHARDS. Whereupon all the Lords, Knights, and People, deserting the King, who had scarce seven Knights in all left with him, confederated themselves to the Barons in the Common Cause. (wherein to be a Neuter, was to be an enemy, and no member of the politic body, in which all were equally engaged.) Whereupon the King thus deserted by all, condescended speedily to their demands, and confirmed the great Charter much against his will. A very apt Precedent for these times, which would make the people more unanimous, faithful, and courageous for the Common Cause, if but imitated in the commination only, though never put into actual execution; he being unworthy once to enjoy any privilege of a freeborn Subject in the Kingdom, who will not join with the Parliament and Kingdom, to defend his Liberty, and the Kingdoms privileges, in which he hath as great a common share, as those who stand, pay, and fight most for them. It is a good Cause r Cook 11 Repub. f. 97, 98, 99 james Bags Case. of disfranchising any man out of any City, Corporation, or Company, and to deprive him of the Privileges of them, if he refuse to contribute towards the common support, defence, or maintenance of them, or join in open hostility, contributions or suits against them. There is the same and greater reason of the general City and Corporation of the whole Realm, to which we are all most engaged; and therefore those who refuse to contribute towards the defence and preservation of it, if able; or by their persons, purses, intelligence, or counsel, give any assistance to the common enemy against it, deserve to be disfranchised out of it, to have no privilege or protection by it, and to be proceeded against as utter enemies to it, Christ's rule being here most true, s Matth 12. 30. He that is not with me, is against me; and he that gathereth not with me, scattereth abroad. The t fiero de Offic●●●, l 1, 2 Aristot. Poli●. l. 1. Commonwealth of which we are members, hath by way of original contract for mutual assistance and defence (seconded by the late Protestation and Covenant) a greater interest in our Persons, and Estates, than we ourselves, or the King; and if we refuse to aid the republic, of which we are members in times of common danger, with our Persons, Abilities, Goods; or assist the common enemy with either of them; we thereby betray our trust and fidelity, violate our Covenants to the Republic, and expose our bodies to restraint, our estates to consiscation, for this most unnatural treachery, and sordid nigguardlinesse (as well as for Treason, Felony, or other more petty injuries against the State, or humane society, made capital by the Laws) most justly, for the public service of the State, which hath a general Sovereign Interest in them in all times of need, paramount our private Rights, which must always submit to the public: and lose all our formerly enjoyed Privileges, either of Laws, Liberties, or freeborn Subjects, if we refuse to defend, or endeavour to betray them, as the Laws and common practice of all Nation's evidence. In the u See Part. 2. p. 16. to 24. Baron's wars against King John, Henry the third, and Edward the second, in defence of their Liberties, and Laws, they seized upon the Castles, Forts, and Revenues of the Crown, and upon the Monies, and Goods of the x Fabian. part. 7. p 78. Prior's aliens, and malignant Poictovines, which they employed in the Kingdom's service y Matth. Paris p 943. : Eodem tempore Castellanus de Dovera, Richardus de Grace, vir fidelis & strenuus, qui ex parte Baronum ibidem constituebatur, omnes transeuntes & transituros, diligenter considerabat, cuncta prud●nter perscrutando, & invenit NON MODICUM THESAURUM paratum, dictis Pictaviensibus clanculo deferendum; qui TOTUS CAPTUS EST, IN CASTRO RESERUANDUS. Similiter Londini apud novum Templum THESAURUS MAXIMUS, de cujus quantitate audientes mirabantur quem reposureunt Pictavienses memorati, licet contradicentes reniterenter Hospitelarii, CAPTUS est; AD ARBITRIUM REGIS ET BARONUM IN UTILES REGNI USUS UTILITER EXPONENDUS, writes Rishanger the continuer of Matthew Paris; a good Precedent for the present times: After which the z Matth. Par●● hist. Angl p. 959. Gra●●on, p. 140, 141. Barons banished all the Poictovine Malignants, who miscounselled and adhered to the King, out of England, Anno 1260; who Anno 1261. were all ba●ished out of London, and other Cities, and Forts. * Matth. Paris. hist. Angl. p 380. An. 1234. The Earl Martial having routed John of Monmouth his forces (which assisted King Henry the third against the Barons) in Wales, he wasted all the said John's Villages and Edifices, and all things that were his, with sword and fire, and so of a rich man, made him poor and indigent. In the very Christmas holy-days, there was a grievous war kindled against the King and his evil Counsellors. For Richard Suard conjoining other Exiles to him, entered the Lands of Richard Earl of Cornwall, the King's brother, lying not far from Behull, and burned them, together with the Houses, and the Corn, the Oxen in the Oxstalls, the Horses in the Stables, the Sheep in the Sheep-cots: they likewise burned Segrave the native soil of Stephen, Justiciar of England, with very sumptuous Houses, Oxen, and Corn; and likewise brought away many horses of great price, returning thence with spoils, and other things. They likewise burned down a certain village of the Bishop of winchester's, not far from thence, and took away the spoils, with other things there found. But the foresaid Warriors had constituted this laudable general rule among themselves, that they would do no harm to any one, nor hurt any one BUT THE WICKED COUNSELLORS OF THE KING, by whom they were banished; and those things that were theirs, they burned with fire, extirpating their Woods, Orchards, and such like by the very Roots. This they did then de facto; * See 2. R. 2 c. 7. 1. H. 5 c. 6. 2 H. 5. c. 8. de Jure, I dare not approve it, though in Cases of Attaint and Felony, the very Common Law to terrify others, giveth sentence against perjured Juries, Traitors, and Felons, in some Cases, that their houses shall be razed to the ground, their Woods, Parkes, Orchards, Ponds, cut down and destroyed; their * 4. Ass. 2 6. Ass. 7. 30. Ass. 24 50. Ass 4. 6 E 4. 5. Fitz. Attaint. 14. Meadows, and Pastures, ploughed up and defaced, though not so great Enemies to the State, as evil Counsellors. * Matth. Paris, p. 961. Anno 1264. the forty eight years of Henry the third his reign; The King keeping his Christmas with the Queen, Richard King of Romans, and many others at London, Simon Montford the Captain of the Barons at the same time, preyed upon the Goods of these who adheared to the King, and especially those of the Queen's retinue, brought by her into England, whom they called Aliens. Among others, some of the Baron's forces took Peter, a Burgundian, Bishop of Hereford, in his Cathedral Church, and led him prisoner to the Castle of Ordeley, and divided his treasure between themselves; and took divers others of the King's party prisoners. Who thereupon fearing lest he should be besieged in the Tower by the Baron's army, by the mediation of timorous men, he made peace with the Barons for a time; promising inviolably to observe the Provisions of Oxford, that all the King's Castles throughout England, should be delivered into the custody of the Barons; that all Aliens within a certain time should void the Realm, except those who should be thought faithful thereunto by the unanimous consent of the Kingdom, and that faithful and profitable natives of the Realm, should thenceforth dispose of the affairs of the Kingdoms under the King. But THE QUEEN instigated with feminine malice, contradicted it all she could, which made the people revile, and cast dirt and stones at her, as she was going to Windsor, enforcing her to retire again to the Tower. How William Longshamp Bishop of Ely, Lord Chancellor of England, Earl John, and others, when they disturbed the peace of the Realm, and turned Malignants, were apprehended, besieged, imprisoned, excommunicated, and their Goods, and Castles, seized on by the Lords and Commons, one of Parliament, yea, during the time of King Richard the first, his absence and captivity, you may read at large in * Annal. pars posterior p. 702. 703. 705 706. 734 735. Roger de Hovedon, * In the life of 〈◊〉 the first. Holinshed, Daniel, and others. Why then the Lords and Commons in Parliament may not now much more do the like, for their own, and the whole Kingdom's safety, I can yet discern no shadow of reason. I will not trouble you with Histories, showing what violent unlawful courses, Kings and People have sometimes used to raise monies in times of war, by sacrilege, rapine, and all manner of indirect means; I rather wish those Precedents, and their occasions, buried in eternal silence, then reduced into practice; and verily persuade myself, that every ingenuous true born Englishman, who bears a real natural affection to his Country, or a Christian love to his Brethren, the Parliament, and Religion, will according to his bounden duty, the Protestation, and Covenant which he hath taken, rather freely contribute his whole estate, if need so require, towards the just defence of his Country, Liberty, Religion, and the Parliament, against the treacherous Conspiracies of the Pope, Jesuits, foreign Catholics, Irish Rebels, English Papists, and Malignants, who have plotted their subvertions, then repine at, or neglect to pay any moderate Taxes, which the Parliament shall impose, or enforce the Houses to any extraordinary ways of Levying Monies, for want of ordinary voluntary supplies, to maintain these necessary defensive wars. I shall close up all in a few words. The Parliament hath much against their wills, been enforced to this present defensive war, which they have a most just, and lawful power to wage and manage (as I have * See Part. 2. and 3. elsewhere evidenced) by the Fundamental Laws of the Realm, yea, by the Law of God, of Nature, of Nations. This war cannot be maintained without Monies, the sinews of it; wherefore when voluntary contributions fail, the Houses may by the same Laws which enabled them to raise an Army without the King, impose necessary Taxes for the maintaining of it, during the wars continuance, else their Legal power to raise an Army for the Kingdom's defence, would be fruitless, if they might not Levy Monies, to recrute and maintain their Army, when raised: which Taxes if any refuse to pay, they may for this contempt, be justly imprisoned, as in cases of other Sudsidies; and if any unnaturally war against their Country, or by way of intelligence, advise, or contribution, assist the common Enemy, or seduce, or withdraw others (by factious slanderous speeches against the Power and Proceedings of the Parliament,) from assisting the Parliament in this kind, they may for such misdemeanours (upon conviction) be justly censured, confined, secured, and their estates sequestered, rather than the Republic, Parliament, Religion, or whole Kingdom should miscarry: It is better that one should perish, than all the Nation; being the voice * John 11. 5●. 51. c 18. 14. of God, Nature, and resolution of all Laws, Nations, Republikes, whatsoever. If any heretical, schismatical, or vicious persons, which may poison others with their pernicious false doctrines, or vicious wicked lives, appear in the Church, they may after admonition, if they repent not, yea, and de facto, are, or aught to be * 1 Cor. 5. 1 Tim 1 20. 〈◊〉 Brook and Ash, Title Excommengment. Summa Angelica, Rosella and others, Tit. Excommunication. excommunited, the Church, and society of all faithful Christians, so as none may, or aught to converse with them till their repentance. If this be good Law and Divinity in the Church; the banishing and confining of pestilent Malignants in times of war, and danger, must by the selfsame reason be good Law and Divinity in the State. I have now (by God's assistance) notwithstanding all distracting Interruptions, Avocations, Remoraes' encountering me in this service; ran through all Objections of moment, which the King, or any opposites to this Parliament, have hitherto made against their proceedings, or jurisdictions; and given such full answers to them, as shall, I trust, in the general, abundantly clear the Parliaments Authority, Invocency, Integrity, against all their clamorous malignant Calumnies, convince their Judgements, satisfy their consciences, and put them to everlasting silence, if they will without prejudice or partiality, seriously ponder all the premises, and ensuing Appendix, which I have added for their further satisfaction, information, conviction; and the confirmation of all forecited domestic Laws, Precedents, by foreign examples and authorities of all sorts. And if any shall yet continue obstinate and unresolved after so many convincing Reasons, Precedents, Authorities, or still retain an ill opinion of the Parliaments proceedings; I shall desire them only seriously to consider, the most execrable conspiracy of the Pope, Jesuits, and Popish party in all His Majesties three Realms to extirpate the Protestant Religion, subvert the Government, Parliament, and poison the King himself, (if he condescend not to their desires, or cross them in their purposes,) whom they have purposely engaged in these wars, still continued by them for this very end, to enforce the King to side with them, and so gain possession of his person, to accomplish this design of theirs, (as is clearly evidenced to all the world, by Rome's Masterpiece, the English Pope, the Declaration of the Lords and Commons, concerning the Rise and Progress of the Irish Rebellion,) and then advisedly to consider in what great present danger the Kingdom, King, Parliament, and Religion are, when the Popish Party, and forces now in Arms have gained the Kings, Princes, and Duke of York●s persons into their custody, the Cities of Chester, and of late Bristol, the Keys of England, with other Ports, to let in all the Irish Rebels upon us, to cut our throats in England, as they have cut above an hundred and forty thousand of our Protestant brethren's throats already in Ireland, it being one part of their design, now presently to be executed, as appears by sundry Examinations in the Irish Remonstrance; for which end, some thousands of Irish Rebels (who have all embrued their hands there in English blood,) are already landed here, and are in great favour and command about the King; To which, if they add the omnipotent overruling power of the Queen (the Head of that party) with the King, and his Council, in disposing all Officers, all places of command and trust under him: The Confederacy and Contributions of foreign Popish States, to maintain this war to ruin the Parliament, Kingdom, Religion, and re-establish Popery in its universal extent; with the large progress the Papists have lately made in Ireland, Scotland, and England, to accomplish this their long-agitated Conspiracy; and the late strange proceedings in Ireland, where the best Protestants are displaced, disgraced, restrained; the Popish Rebels advanced, and a truce negotiated, if not fully concluded with the Rebels, to the end that all their forces may be speedily transported hither to ruin our Religion, and cut all our throats (enough to awake the most stupid English spirits, and rouse them, up to a speedy unanimous resolution to unite all their purses, and forces to the Parliament, against the Popish Conspirators, and these bloody Butchers now ready to devour us:) and then I dou●t not, if they have any true love to God, Religion, King, Country, themselves, or their Posterities, they will soon change their former opinions and practices against the Parliaments just proceedings and join hearts, hands, forces, yea, their uttermost endeavours with them, to prevent and ward off that imminent destruction which now hangs over our heads, and will in short time wholly ruin us, if God open not our eyes, and unite not all our hearts and minds unto the Parliament, with one unanimous resolution to oppose these cursed Confederates, who have plotted, occasioned all these wars and miseries, under which our Kingdoms now groan and languish; which long plotted Treachery in humane probability can no ways be prevented, nor a settled peace, and Reformation established, but with the total suppression of the Popish party now in Arms, and by rescuing His Majesty's person, Children, forces out of their traitorly hands and power, whose death they have conspired long ago, if he refuse to grant them an universal open toleration of their Antichristian Religion, in all His Kingdoms, and then to seize upon the Prince, and train him up in their Religion; which how easy it is for them to effect, now they have the King, Prince, the King's Ports, his Forces in their power, yea potent Armies of their own in the field here, and such a force of Irish Rebels now ready to be shipped over to Chester, Milford, and Bristol, for their assistance, and enforcement, to overpower the Protestant party in the King's Armies, no understanding man can without fear and trembling, consider. O then, if ever we will show ourselves faithful, valiant, courageous, magnanimous, bountiful, really cordial, and loyal to our King, Kingdoms, Country, Parliament, Religion, Laws, Lives, Liberties, Kindred, Families, Posterities; Let all who profess themselves Protestant's lay aside all causeless jealousies and prejudices against the Parliament, or any others; and now speedily unite all their Prayers, Hearts, Hands, Purses, Forces, Counsels, and utmost endeavours together, to defend, secure them all against these foreign and domestice Jesuitical Romish Confederates; and if any prove traitorous, fearful, cowardly, unfaithful, base, or faint-hearted in this public Cause, as too many, (who deserve to be made spectacles of treachery and cowardice to posterity, and cannot without injustice or dishonour to the Parliament and Kingdom, be suffered to scape scot-free, without severe exemplary punishment,) have done, to their eternal infamy, and betraying of their Country; the present generations shall abhor them, posterity curse, and declaim against them, as most unnatural Monsters, unworthy to breath in English air, or enjoy the name, the privileges of English men, or Protestants. There is a double kind of Treachery in Soldiers, both of them adjudged Capital. The first proceeds from a sordid pusillanimous fear, unworthy the spirit of a Soldier: and this is Capital, both by the Civil and Common Law. By the * D. L. amne delictum 6. sect. qui in acie Rebuffas in L●liberorum sect. etenim. Henricus Bocerus, lib 1. de Bello, cap. 13. p. 49, 50. Civil Law; The Soldiers who first begin to fly, or but fain themselves sick, for fear of the Enemy, are to be adjudged to death for this their cowardice. Yea Lacaena and Dametria, two magnanimous Women, slew their timorous sons, who fled basely from the battle, with their own bands, disclaiming tbem as degenerous Brats, and not their sons; the latter of them inscribing this Epitaph on her son's Tomb. Hunc timidum Mater Dametriam ipsa peremit, Nec dignum Matre, nec Lacedaemonium. Indeed * Diodorus Sie●dus Bibl. hist. l. 12. sect. 15, 16. p. 420. Charondas and the Thurians, enacted, That cowards who basely fled or refused to bear Arms for their Country's defence, should set three days one after another in the open Marketplace, clad in Woman's apparel; (a punishment far worse than death itself, writes Diodorus Siculus) whereas all other Lawyers made it Capital; yea, our * See Her●. part. 2. p. 24. Common Law adjudgeth it Treason: Witness the notable Cases of Gemines and Weston, 1. R. 2. num. 38, 39 who were adjudged Traitors in Parliament▪ for surrendering two Castles in France, only out of fear, when they were strongly besieged, and battered, sooner than they needed, without any compliency with the enemy: The Case of * Walsingham. hist Angl. pag. 337. Jobn Walsh Esquire, accused of bigh Treason in Parliament against the King and Kingdom, for yielding up the Castle of Cherburg in France, to the enemy, when as he might have defended it. And the Case of * Dani●ls hist. p. 81. Henry Earl of Essex, in the second year of Henry the second, accused of high Treason, by Robert de Monfort, and vanquished by him in a Duel, waged thereupon; for throwing down the King's Standard (which he bore by inheritance) and flying, in xpassing a strait, among the Mountains, when fiercely encountered by the Welsh. For which, though his life was pardoned, yet he was adjudged to be shorn a Monk, put into the Abbey of Reading, and had his Lands seized into the King's hands. And as for * D. l 3. sect, is qui ad hostem Hemicus Bocerus de E●llo. l. 1. c. 13. p. 48. treacherous revolting to, or delivering up Castles to the Enemy, it is Capital, and high Treason by all Laws, and so resolved in Parliament, 3. R. 2. in the Case of * Walsingham. hist. Angl. p. 245, 246. See Rastall. Captains and Soldiers. Cook 6. Rep. f 27. Thomas Ketrinton Esquire, accused of high Treâson by Sir John Ann●sley Knight, for delivering up the Castle of Saint Saviour in the Isle of Constantine, to the French, for a great sum of Money, when as he neither wanted provisions, nor means to defend it. As for those unnatural Vipers, and Traitors, who shall henceforth (after this discovery) join with the Popish Conspirators, to ruin their Religion, Country, and the Parliament, for private ends, as * The general History of Stain, l 5. p. 153, 154. Count Julian the Spaniard joined with the Moors, An. Dom. 713. whom he brought into Spain, his native Country, furiously pursuing his own private injury with the Ruin of the public. I shall only bestow his Epitaph upon them, with which I shall conclude this Treatise. Maledictus furor impius Juliani, quia pertinax; & indignatio, quia dura: vesanus furià, ammimosus furore, oblitus fidelitatis, imm●●or religionis, contemptor divinitatis, crudelis in se, homicida in vicinos, reus in omnes. Memoria ejus in omni ore amarescit, & nomen ejus in aeternum pu●●escet. FINIS. AN APPENDIX: Manifesting by sundry Histories and Authors, that in the ancient Roman Kingdom and Empire; in the Greek and Germane Empires, derived out of it; in the old Grecian, Indian, Egyptian Realms; in the Kingdoms of France, Spain, Italy, Hungary, Bohemia, Denmark, Poland, Sweden, Scotland, yea, of Judah, Israel, and others mentioned in the Scripture; the Supreme Sovereignty and Power, resided not in the Emperors and Kings themselves, but in their Kingdoms, Senates, Parliaments, People, who had not only a power to restrain, but censure and remove their Emperors. and Princes for their Tyranny and misgovernment. With an Answer to the Principal Arguments, to prove Kings above their whole Kingdoms and Parliaments, and not questionable nor accountable to them, nor censurable by them for any exorbitant Actions. HAving finished the preceding Treatise; which asserts, The Supreme Authority and Sovereign Power in the Realm of England, legally and really to reside in the whole Kingdom, and Parliament, which represents it, not in the King's Person, who is inferior to the Parliament: A Doctrine, quite contrary to what Court Prelates and Chaplains have for sundry years inculcated into our Kings and People (who preach little else but Tyranny to the one, and Slavery to the other, to support their own Lordly Prelacy, and hinder an exact Church Reformation) and directly opposite to the resolutions of many malignant Courtiers, Lawyers, and Counselors about His Majesty; who have either out of ignorance or malice, created him a new Utopian absolute Royal Prerogative, unknown to our Ancestors, not bottomed on the Laws of God or the Realm; for maintenance of each Punctilio whereof, against the Parliaments pretended Encroachments, the whole Kingdom must be engaged in a destructive civil War, now like to ruin it: I could not but conjecture, how in all probability these Clergy men, Courtiers and Lawyers, out of their unskilfulness in true Divinity, History, Law, and Policy would upon the first tidings of this strange Doctrine, pass a sentence of Excommunication and death against it, as guilty not only of Heresy, but High Treason; and judge it such a monstrous antimonarchical Paradox as was never heard of in, much less claimed or practised by any Kingdom, Realm, or Monarchy whatsoever: To anticipate which rash censures, and undeceive both Kings and Subjects whom these gross Parasites have overlong seduced in this point, to their prejudices, convince the consciences of all gainsaying Malignants, irradiate this long obscured verity, whose seasonable discovery, may through God's blessing, conduce very much to period the present Differences between King and Parliament, touching matters of Prerogatives and Privileges claimed by either; I conceived it, not only expedient but necessary, to back theforecited precedents of our own Kingdom with paralleled examples in most foreign Realms and Monarchies (in which it is not mannerly to be overbusy without just cause) which I have faithfully (though suddenly) collected out of the best approved Authors and Historians; whereby I shall infallibly prove, that in the Roman State and Empire at the first, in the Greek Empire since, in the Germane Empire heretofore and now; in the ancient Kingdoms of Greece, Egypt, India, and elsewhere; in the Kingdoms of France, Spain, Hungary, Bohemia, Denmark, Sweden, Poland, Scotland, and most other Kingdoms in the world, (yea in the Kingdoms of Judah and Israel, and others mentioned in Scripture) the Highest Sovereign Authority, (both to elect, continue, limit, correct, depose their Emperors and Kings, to bond their royal power and prerogatives, to enact Laws, create new Offices and forms of Government) resided always in these or Prince's persons. I shall begin with whole Kingdoms, Senates, Diets, Parliaments, People, not in the Emperors, Kings, the Roman State, as having much affinity with curs, * See Camb. Br. Math. it estm. Polychr. Fabian, Holinsh. Speed, Grafton, Grimston. which was long under their command heretofore. After the building of Rome by Romulus and Remus, a Livy, Rom. Hist. l. 1. Plut. Romul & Numa Pomp. Dionys. Hal. Antiq. Rom. l ● Munster Cosmogr. l. 2. c. 60. p. 2●0. Romulus being elected King, divided the people into two Ranks; those of the highest quality, he styled Senators, making them a Court of Counsel and Justice, much like our House of Peers; the other he termed The People, being the body of the State, and representing our House of Commons. In this distinction, made by the People's consent, the Sovereign Authority to elect Succeeding Kings, to enact binding Laws, to make war, or peace, and the like; rested not in the King's person, but in the Senate and people jointly, if they accorded; yet principally in the people, in case either of assent or descent between them; their very Kings and Laws having their greatest power and efficacy chiefly from the people's election and assent. To begin first with their King's Election and Authority. b Plutarchi Numa Pompil. Dionys Hal. l. 2. sect. when Romulus their first King deceased, there arose a great controversy in Rome about the Election of a new King; for though they all agreed to have a King, yet who should choose him, and out of what Nation he should be elected, was then controverted. In the Interim to avoid confusion, the Senators, being 150. divided the Regal power between them, so as every one in his turn in Royal Robes should do Sacrifice to the Gods, and execute Justice six hours in the night time, and six hours in the day; which tended to preserve an equality among the Senators, and to diminish the envy of the people, when in the space of one night and day, they should see one and the same man, both a King and a private person. But the people disliking this Interregnum (as tending to put off the Election of a King, that the Senators might keep the principality, and divide it among themselves) c Livy Rom. Hist. l. 1. l. 14. 15. Edit ●rancofurti, 60●. Dionys. Hal. l. 2. sect. 7. cried out, that their bondage was multiplied having an hundred Lords made instead of one, neither would they suffer it any longer, unless they would admit a King, created by themselves: Hereupon the Senate, thinking it best to offer the people that, which they were like to lose, to gain their favour, Summa potestate populo permissa, permitted to the people the chief power of Electing a King: but yet that they might not give away more right, than they detained: they decreed, That when the people had commanded and elected a King, it should be ratified, if the Senators should approve it, or be reputed the authors of it: Then the Interex assembling the people, spoke thus unto them: O Romans REGEM ELIGITE, choose yea King: so the Senators think fit, and if he be one worthy to succeed. Romulus, they will approve him. This was so grateful to the people, that lest they should be overcome with the benefit, they commanded, that the Senate should decree who should reign at Rome. At last, Numa Pompilius was named; and none of the people or Senate daring to prefer any before him; all of them jointly decreed, that the Kingdom should be conferred upon him. Whence Canubius the Tribune of the people in his Speech against the Consuls, long after, used these words d Livy Rom. hist. l 4. p. 4 p. 145. Numa Pompilius POPULI JUSSU Patres autoribus, Romae Regnavit. Reges exacti JUSSU POPULI: which manifests, the chief power to be in the people. Numa departing, e Livy, l. 1. p. 17. Dionys. Hol. l. 3. c. 10. Tullus Hostilius by the people command, consent and approbation was made King, which Livy thus expresseth; Tullum Hostilium REGEM POPULUS JUSSIT, patres auctores facti: After him, the people created Ancus Martius King f Liviel. 1. p. 25. Dionys. Hal. l. 3. c. 9 Regem POPULUS CREAVIT; patres fuêre auctores: After him g Livy l. ●, p, 28. Dionys. Hal. l. 3. c. 10. ingenti consensu Populus Romanus Tarquinium REGNARE JUSSIT: The People of Rome with great consent commanded Tarquin to reign. But hedying; Servins having a strong Guard to defend him h Ibid, p, 32, Dionys Hal l. 4. c. 1, 2. primus injussupopuli, voluntate Patrum Regnavit, was the first that reigned without the command of the people, by the Senate's consent; yet doubting his title for want of the people's votes, and young Tarquin his Competitour, giving out speeches, i Ibid. se injussupopuli regnare, that he reigned without the people's command; he thereupon so courted the Commons, by dividing the Lands he had taken from the enemies among them, that at last he appealed to the people, Vellent nolerintve se regnare? whether they would or would not have him reign? tantoque consensu, quanto haud quisquam alius ante rex est declaratus. But Tarquin the Proud affecting the Kingdom slew Servius; and k Ibid p. 36, 37, ●8, 44. Dionys Holbicar. l. 4. c. 5 to the end. Non Commitiis habitis, non per suffragium populi, non auctoribus Patribus: without the Election of the people or Senate, usurped the Crown; neque enim ad jus regni quicquam praeter vim habebat, ut qui neque populi jussu, neque Patribus auctoribus regnaret, writes Livy: Whereupon reposing no hope in the love of the people, he endeavoured to defend his usurped Sovereignty by force: to which purpose, he of himself, without the Senate or Counsel, took upon him the conusance of Capital offences; and by colour hereof, not only to slay, banish, and plunder those whom be suspected or hated, but even those from whom he could expect nothing but prey. Then he lesseneth the number of the Senate to diminish their esteem and power, and at last to subvert it. He was the first of Kings who dissolved the Custom used by all his Predecessors, De omnibus Senatum consulendi, of consulting with the Senate about all affairs, and administered the Commonwealth by his domestic Counsels; making War, Peace, Truces, Leagues with whom he would, injussu populi & Senatus, without the peoples and Senate's command; which Tyrannical Usurpations of his, with his ravishing of Lucretia, caused Brutus and the incensed Romans to rise up in Arms against him; deprive him of His Crown, banish him, his Wife and Children, utterly to abolish the Kingly Government by a Decree, and to take a l Livy l. 1, p. 45, 47. Dionys. Hal, l, 4, c, 10, l. 5. c. 1. solemn Oath, (lest afterward they might be overcome by Royal entreaties or Gifts) That they would never suffer any King to Reign in Rome: Which act of Brutus and the People is highly magnified by Livy and m De officiis l. 3. Tully. This done, the n Livy l. 2. p. 47. Dionys. Halicar. l 5. c. 1, 2. people created two annual Consuls, who had the Power, but not the name and continuance of Kings, Annuum imperium consulare factum est: Brutus the first Consul was slain, whilst he was Consul, and Valerius his Companion being suspected by the People to affect the Kingdom, because he demanded no new Companion: Valerius hereupon calls the people together o Livy ibid. 〈…〉 Dionys. 〈…〉 lays down his Fasces (the badges of his Sovereignty before them) which was a grateful spectacle to the people, confessionemque factam; Populi quam Consulis Majestatem vimque majorem esse; and a confession made, that the People had greater Sovereignty and Power then the Consul, who yet had regal Jurisdiction. And then there were Laws enacted, of appealing from the Consul or Magistrate to the people, and that he should lose both his head and goods, who should but consult to usurp the Kingdom. In brief, it is clearly agreed by p 〈…〉 l. 2. sect 2. p. 13●, 133, 134. Dionysius Halicarnasseus, q Historiae, l: 6, p. 529, 530, 534. Polybius, r Hist. l, 1, & 2, l, 27, p, 3●0, Livy, s Ge, Dierum l, 1, c, 3, l, 4, c, 23, f, 239, 240, Alexander ab Alexandro, t Com. weal, l, ●, c, 10, Bodin, (and v Rosiaus, Godwin, and others: and Munst, Cosmogr, l, 3, c, 〈◊〉, p, ●80, 28, & c, 16, p, 3●●, most who have written of the Roman Republic) that the Sovereign Authority among the Romans, during their Kings, Consuls, Dictator's, and other Magistrates, was originally vested, not in the Kings, Senate, Consuls, or other Magistrates, but in the whole body of the Senate, and People; the People had the chief Sovereign Power of enacting and confirming Laws, (the Senate's Decrees and Laws being of no validity, unless the People ratified them) of creating and electing Kings, Dictator's, Tribunes, and all other great public Officers; of denouncing war, and making Peace: these Tribunes, and Dictator's might restrain, kerb, imprison, censure, depose the Roman Consuls (who had Regal Power) yea, the Roman Kings, Senators, and highest Officers; and to them the x Livia, Hist, l, 8, p, 313, with the other forecited Authors. last appeal from King, Senate, or other Magistrate might be made, as to the highest Tribunal: they having power likewise to y Nobis eadem vi facitis i●vitam, qua peperistis, Livia, Hist, l, ●, r, 100LS, change or annul the very frame of their public Government, which they oft times did, as these Authors prove at large, to whom for brevity I refer the Reader. Yea, after the Roman Empire (the greatest, largest Sovereignty in the world) was erected, the Supreme Power still rested in the Senate and People, not in the Emperors themselves, which z Common wealth, l, 2, c, 5, & l, 1, c, 10, Bodin grants and proves. This is clearly evident by these ensuing particulars: First, the Senate and People had sole right and lawful power both to elect and confirm their Emperors, and to decree them new Honours, Titles, Triumphs; which power of election, though some Emperors in a sort usurped, by adopting their Successors, and the Roman Soldiers too, by presuming sometimes to elect Emperors without the Senate; yet these adoptions and elections were not held valid, unless the Senate approved and confirmed them, who usually elected all their Emperors, as of right, according to that of the Panegyrist, Imperaturum omnibus ex omnibus elegi debere; Plinius Panegyr. Trajano dictus, and Jacobus Valdesius, c. 18. This appears by the election and confirmation of most Emperors from a See Mun●, Cosmog, l, 2, c, 63 Grimstons imperial History, Suetonius, Dion Cassius, Herodian, ●utropius, Zoaaras, Sabellicus, Chronicon Chron●●rum, Opmeerus, Speed and others in these Emperor lives, and others. Octavius to Leo the first, and more particularly by the Senates and People's election and confirmation of Nerva Pertinax, Severus, Gordianus, Maximus Pupienus, Clodius Balbinus, Philip, Decius, Trebonianus, Galienus, Claudius the second, Ta●itus, Probus, jovinianus, Aurelius, and others. This right of the Senate was so clear, that b Grim, imp. Hist. in his life, p. 2, 〈◊〉 Munster Cosm. l ●. c. 〈◊〉, p. 296, after the death of Aurelianus, the Army sent word to the Senate, that (as reason was) they should choose and name an Emperor, and that they would obey him. After six months' space (during which time the Empire was governed by the Senate) the Senate made choice of Tacitus, who earnestly refused the same at first, but in the end accepted thereof, to the great joy of the Senate and Roman people. After whose decease c Grim. imp. Hist. p. 208. Prebus, being chosen Emperor by the Legions and Army, he presently wrote a letter to the Senate, excusing himself for having accepted the Empire without their knowledge and confirmation: whereupon the Senate confirmed his election with many blessings, gave him the name of Augustus, Father of the Country; made him High Priest, and gave him Tribunal Power and Authority. Secondly, This is manifest by the confessions, and Actions of the best Roman Emperors. d Commentar. l. 23. f. 238. Volateranus writes of Trajan (the e See Eutropius, Sabellicus, Zonaras, Grimston, Munster in his life: Paneg. Trojano dictus. best heathen Emperor that Rome enjoyed, that he used to call the Senate, Father, but himself their Minister, or Servant of their labour; And that standing, he did reverence to the Consuls sitting, quia SE ILLIS INFERIOREM EX LEGIBUS esse REPERIRET, because he found by the Laws he was inferior to them. Whence f In vita Trajani. Dion, g Eccles. Hist. l. 3. c. 25. Niciphorus, and h History of Gr. Brit. p. 95. Speed record of him; that when he invested any Praetor or Commander, in giving him the sword, he openly commanded him before all, to use the same even against his own person, if he governed not the Empire well, or violated Law and Equity; confessing thereby, that he was subject not only to the Laws, but to the sword of Justice too, in these Officers hands in case he did offend, much more than to the Senate. I read of the Emperor i Grimstons' imperial Hist. in his life, p. 181 Munst. Cosm. l. 2. c 63. Decius, elected by the Senate; that he preserved the authority of the Senate, (who compelled him to make his Son his companion in the Empire) following their Counsel in all matters of Government, governing all things with great wisdom and equity, by the advice and consent of the Senate, to the great contentment of all the Roman People; and going into Thracia against the Goths, he left the Government in the hands of the Senate; permitting them to choose a censor at their pleasure, who had Supreme jurisdiction over all men; which office some former Emperors had usurped, making themselves Censors. So k Grimstons' imperial Hist. p. 196. 205. Claudius the second, and Tacitus did nothing without the consent, advice, and counsel, of the Senate, either in matter of War or Peace. And l Hist. l. 6. p. 530. 531. Polybius writes expressly, That the Roman Emperors Counsels and purposes were efficatious, or invalid, at the pleasure of the Senate, which had power to remove or continue them, to increase or abridge their power and wealth; to decree or deny them triumphs, towards which they contributed; and and that they could neither make war, nor peace, nor truces, without the people's consent. Their Emperors in truth, being but their chief Generals in their wars, at the first, in right. Thirdly, They had power to create one, two, or more Emperors at once, as appears in their election of m Grimston, ibid. p. 171. tom 176. Munster Cosmogr. l 2. c. 63. Gordianus, the Father and Son to be Joint-Emperors at once, and of Maximius Pupienus, and Clodius Balbinus, and Gordianus, to be Caesar's at once. And those who could thus create more Emperors than one, when they pleased, no doubt had a power above the Emperors. Fourthly, They had a Sovereign power, judicially to convent, censure, yea to depose, and adjudge their Emperors to death, for their tyranny and misgovernment: this appears by the case of Nero, that wicked Emperor n Grimston, Suetonius, Eutropius, Zonaras Volateranus, Sabellicus, Math. Westm. Polychronicon, Opmetrus Chron, Chronicorum, Speed, and others in his life. whom the Senate judicially deposed, condemned for his tyranny and misgovernment, as a public enemy to the State, adjudging him to have his head fastened to aforke, and so to be publicly whipped to death, and then precipitated from a rock: upon which sentence he being sought for, and forsaken of all, to avoid the execution of it, murdered himself with a poniard. So when o Grimston, Entropius, and others in his life. Domitian was slain, the Senate assembling the same day, caused all his Statues to be thrown down, and all the inscriptions and memorial of him to be canceled, defaced; and elected Nerva Emperor. p Grimstons' imperial Hist. p. 160. Munster Cosmog l. 2. c. 63. p. 2, 2. Didus Julianus who purchased the Empire by bribing the Soldiers, coming to Rome with an Army, went to the Senate, where assembling such Senators as were present, by their decree he was proclaimed Emperor, and they presently made his Son in law Cornelius Repentinus Praetor of Rome, putting Sulpetianus out of that office, and from thence he was carried to the Imperial Palace, and held for Emperor, more through force, then good will of any honest men: But the people hating, and cursing him; at last, a full Senate being assembled, by the common consent of all the Senators, it was decreed, that Julianus should be deprived of the Empire, as a man unworthy to rule, and Severus proclaimed Emperor; to whom two of the principal Senators were sent to yield him their obedience, with the Ensigns of the Empire, and Julianus being generally abandoned, they commanded him to be slain in his palace. q Grimston ib. p. 160. Aelii Lampridii Heliogabalus, Zonares, Sabellic. and others. Heliogabalus (that monster of wickedness) was slain by the praetorion Soldiers by the Senates and people's approbation, who commanded he should no more be called Antoninus, and that in detestation of him, no other Emperor should after that be called by this name, and that he should be called Tiberinus, according to the manner of his death, his body being tied to great stones, and sunk in Tiber, that it might never be found. So r Grimst. in his life p. 170, to 174. with Jul. Capitol, Sabellicus, Munster, and others. Maximinus the Emperor oppressing, and Tyrannising over the people, with great cruelty, was deposed by the Senate, and he, with his son (though already made Caesar, and declared Emperor) adjudged enemies and Rebels; and Gordianus with his Son elected and proclaimed Emperors by the Soldiers, people, and Senate of Rome. After which they, considering the great power of Maximinus, ●o secure the City, made great preparations to resist him, and writ letters to all their Provinces, that s Grimston p. 324. all those Governors that Maximinus had there placed should be displaced; which direction was generally obeyed, and the Governors most of them slain. Thereupon Maximinus then in Hungary, posts with his Army, and Son towards Rome; and young Gordianus being slain & his Father strangled in the interim; the Senate assembled in the Temple of Jupiter, chose Maximus Pupienus and Clodius Balbinus Emperors, and to please the people which consented not to their election, they likewise named young Gordianus Caesar, and raised forces to resist Maximinus, who lying before Aquilia, his Soldiers hearing that he, with his Son were proclaimed Rebels at Rome, and new Emperors elected, came bodily to their Pavilions about noon, slew them, and sent their heads to Rome. By these, with sundry precedents of like nature, it is apparent, that the Sovereign power and Jurisdiction, even after the Roman empire erected, continued still in the Senate and people, to whom the Emperors were responsible, by whom they were deposed, yea put to death for their misdemeanours and offences against the state, and oppressions of their Subjects: Which power they retained till the Emperors removed their Courts from Rome to Constantinople, by which means the authority of the Senate, and dignity of the Consuls was almost wholly lost by degrees, in Justine the seconds reign. After the seat of the Empire was translated to Constantinople, the Senate, People, Soldiers, and Patriarches of Constantinople, claimed a right, and power to elect their Emperors, to prescribe conditions, and Oaths unto them before they were crowned; as also a power in some cases to depose them, yea execute them, as you may read at large in their t See Munst. Cosm. l. 4. c. 59 Zovaras', Nauclerus, Sabellicus Grimston, and others. lives; Of which I shall recite some instances. v Ioan●es Zonaras, Annal. Tom. 3. p. 9●. Grimst. p. ●45. Eutropius, l. 1●. p 154. See Munsteri Cosm. l 4. c 59 throughout. Julian the Apostate dying, Jovinian, assensu omnium, by the joint assent of all the Soldiers, Captains, and people was elected Emperor; who absolutely refused the Empire, saying; that he being a Christian would not be an Emperor over Infidels: But all men were so pleased with his election, that they cried out aloud saying; we are all Christians; And for his sake, those which were not so, resolved to become Christians, upon condition that he would accept the Empire; which he thereupon accepting, with incredible joy and gladness, they swore obedience to him, and gave him the Imperial Ensigns. He being casually smothered to death; x Zonara's ib. Grimst. p. ●47. and Munster, l. 4. c. 59 Valentinian the first was by the joint consent of the Captains and Soldiers, chosen Emperor: after which, the Empire went by descent till the death of Valentinian the second and then y Zonaras. Tom. 3, f. 123. Martianus by means of Endoxia, with the Senates and Patriarches assent, was elected and crowned Emperor: After whose poisoning z Zonara. ib. f. 124. Grimst. p. 292. Asper sought to have been his Successor; but being an Arrian, the orthodox Christians of Constantinople would by no means elect him; whereupon, accepta a populo potestate, he named Leo Emperor, having received power so to do from the people. Leo adopting one of Aspars' Sons Caesar, the Senate and people were so much displeased at it, fearing that an Arrian should reign over them, that they went tumultuously to the Emperor, desiring him to remove him from that dignity, who soon after flew both him and his father. a Zonara's ibid. f. 126. Basiliseus usurping the Empire against the Senates and people's consents, who hated him for his Tyranny; the people sent for Zeno, whom he expelled, received him into Constantinople, and restored him to the Empire; After whose death b Zonara's ib. f. 〈◊〉, 127, 128. Grimst. p. 306. Anastasius, de sententia Senatus & Legionum, was elected Emperor by the Senates and Legions decree. He dying, c Zonara's ib. f. 127. 128. Grimst. p. 306. Justinus, by the general consent both of the Senate, people, and Soldiers was elected Emperor, though but a swineherd in his younger days; who creating Justinian for his Successor, the people gave their consents thereto, with happy acclamations. So d Grim. p. 3●7 Constans the second was made Emperor by the Senate of Constantinople. e Zonar. f. 137 Philipicus usurping the Empire against the peoples and Senate's liking, they rose up against him, deposed him: and as f Desex Aetatemundi. Beda g In Philyppico. Marianus h l, 5. c. 15. Otho Frisingensis and i An. 713. Abbas Vspergensis write; The people of Rome decreed, that neither his name, nor letters, nor coin should be received. And the k Zonara's Tom. 3, f. 137 Senate and people of Constantinople created Anthemius Emperor in his place, giving him the name of Anastatius. Thus l Zonara's, ibid., f. 142 Michael Curaepalata was created Emperor by the Senate in the life of Stauratius who intended to leave the Empire to Theophanon his wife. So m See Zonaras. ib. f. 168 Theodora, a toto Senatu, populo & sacerdotibus, was elected and saluted Empress. n Nicetae Chroniatae, annal f. 40. Isatius Angelus was elected Emperor, and Andronicus deposed, apprehended and put to death by the people of Constantinople for his tyranny and oppression. After whose death o Munst. Cosmog. l. 4, p. 1109, 1110. Baldwin Earl of Flanders, a Frenchman, was elected Emperor by the Soldiers and people, upon condition, the Venetians should elect the Patriarch: in whose blood the Empire continued p Munsteri Cosm. l. 4, c. ●9. four descents and then returned to the greeks. And as the Senate and people of Constantinople had thus the right of electing their Emperors, so likewise q See Bishop bilson's true difference etc. part. 3. p. 494, to 500 they and the Patriarch of Constantinople prescribed a conditional Coronation-oath to divers of them, which they were to take before they were crowned, and to deliver it under their hands in writing. Anastatius Dicori, being chosen Emperor after Zeno his death, r Zonara's Annal. Tom. 3. f. 126. Cuspinian, in Annastatio. Euphemius the Patriarch of Constantinople before he would crown him, exacted of him a confession of his faith in writing, wherein he should promise, that he would innovate nothing in eclesiastical Doctrines etc. whereupon he delivered a writing to the Patriarch, wherein he professed, that he did embrace all the Tenants of the Church, and that he would keep all the Decrees of the Council of Chalcedon; which done, he was crowned, and then presently took away the grievous tribute called Aurargenteum, which much oppressed the people. Thus when s Zonara's Tom. 3. f. 142. Michael Rungabis was elected Emperor, and came to be crowned, Nicephorus the Patriarch first required of him a writing, wherein he should promise, that he would violate no ordinances of the Church, nor defile his hands with the blood of Christians: which conditions * se● (q) before. Bishop Bilson grants, the people had power to prescribe, the Empire being elective, but not the Patriarch alone. And with all these Patriarches sometimes presumed to excommunicate and keep their Emperors out of the Church for murders and such like offences, as appears by t 〈…〉. Polyenctus keeping John Zimis●ea out of the Church, and refusing to crown him, till he had banished the Empress Theophano and those who slew Nicephorus; and by Photius his putting by the Emperor Basilius from the Sacrament, when he came to receive it, for homocidies committed by him. Fifthly, The Roman Senate and people had power to divide the Empire, and to create a new Emperor at Rome in the West, distinct from that of Constantinople in the East: About the year of Christ 456 v 〈…〉 See Mua. Cousin, l. 2. c. 4. & l. 4. c, 59 Gensericus King of the Vandals wasting Italy and sacking Rome whiles Marcianus the Emperor resided at Constantinople, the Senators and Roman Gentlemen returning to Rome when Gensericus had lost it, wanting an Emperor to protect them, chose Avitus by common consent for Emperor of Rome, Italy, and Sicily, of which Marcianus was very glad, and approved his Election: And not long after, whiles Leo the first reigned at Constantinople, the Senate successively elected Olibrius and Glizerius Emperors of Rome, Italy, and Sicily; yea, the very final division of this great Empire into that of the East and West, and th●e creation of a new Roman Emperor, and Empire of the West, with the transferring of the Imperial Crown from the Greek to the Germane line, was done by the authority, and joint consent of the people, Senate, and Bishop of Rome, upon this occasion: as x Decad, 1. l, 1, 10. Blondus y 〈…〉. Sabellicus and z Bp. bilson's true difference between Christian Subjection and unchristian 〈…〉 Nauclerus vol. 3 Genera●● 26, An, 753. Sigebert, Chron. An. 801. Aencas Silvius de Author. Rom. Imperii c. 9 Munst. Cosinog, l. 2. c. ●4. others relate. Aistulfus King of the Lombard's invaded and spoilt those parts of Italy belonging to the Romans; who being unable to resist or pacify him; the Bishop and City of Rome hereupon sent messengers to their Emperor Consantine to Constantinople, for aid, assuring him, that unless he sent them aid the City and whole Country would be subdued by Aistulfus: But whiles Rome and Italy were ready to sink under those ruins Constantine had no manner of care to relieve them; and the messengers that were sent to him, signified by letters, that there was no looking for help from Constantine, either for that he would not, or could not, and therefore they must seek some other way: In the mean time Aistulfus sent Heralds to menace the Bishop and people of Rome, that unless they would yield themselves and their City, he would come and take them by force, and kill man, woman, and child. Hereupon they being out of hope to pacify the enemy, or to receive help from Constantine; the Pope, together with the people of Rome, determined to send messengers to desire aid from Pepin father to Charles the great, than King of France, who sent them succour, subdued their enemy, and quieted Italy. After which, Charles likewise aiding and succouring both the Pope, and Romans against their enemies, and coming in person to Rome; the Romans (who in heart were long before fallen from the Emperor of Constantinople, because he began to neglect the City of Rome, and to leave it as a spoil to the Barbarians and others) taking this occasion and opportunity, and grieving that the Empire of the world, which with their blood they had gotten, and established by their virtues, should be governed and ruined by Irene (a lewd woman) Constantine's mother (who swayed all at her pleasure) did thereupon elect and proclaim Charles for their Emperor, and commanded Pope Leo to crown him. a 〈…〉 c 3. Platina, b Decad▪ 2. l. ●, Blondus, c Vol. 3, Gen. 27. a, 800. Nauclerus, d ●nead. ●. ●, 8 Sabellicus, e Annal, ●o●●rum, l. 4. f. 344. Aventinus, f Anno ●01. Sigebert, g ●. 5, c, ●9, ●risingensis, and h De Author, Rome, Imp. c. 9 Aeneas Silvius, all record; that this was done (not by the Pope's authority alone, (as some late Romanists pretend, for he poor man had no such power) but by THE DECREE, DETERMINATION, ASSENT AND REQUEST OF THE SENATE AND PEOPLE OF ROME; who, tacito SENATUS CONSULTO PLEBIS CITOQUE DECERNUNT to transfer the Empire JURE SUO, By their own right, from the greeks to the Germans, and from Constantine to Charles the Great: ever since which time it hath continued thus divided in the blood of Clarles, and other French and Germane Princes. A most clear demonstration, that the most absolute Sovereign power and disposal of the Empire resided not in the Emperors themselves, but in the Sen●●e and people, even from the very first Emperors, till this partition of the Empire (more than 800 years' space,) and that their Emperor's neglect to protect, to aid them against their enemies when they needed, and craved help, was a just ground for them to reject his Sovereignty; yea, to create a new Empire, and Emperor of another race, as i see Avontine, An, l, 3, f, 344, etc. and Bishop. Bilson (z) before Pope Leo with all the Roman Clergy, Senate, and people then resolved; not only in point of State policy, but of Conscience too: upon which very k jacob Vald. de dignitate Regum Hisp. c, 18, Munst. Cosm. 1. 2. c, 20. 21. ground; not only the Spaniards fell off from the Roman Empire, electing them Kings, and erecting Kingdoms of their own: but likewise our l see Speeds Hist. p, 189 to 212. Island of Britain (the fairest plume of the Roman Diadem) rejected the Roman yoke and Government, to which it had been subject almost 500 years; craving aid against the Scots and Picts from the Saxons, who therereupon became their Sovereign Lords at last, and disposessed them of the Kingdom: Now, that these revolts and changes of the Empire in this case were lawful even in point of Conscience, we have the resolution of Bishop Bilson himself, (in his Book dedicated to Queen Elizabeth, wherein he professedly defends the Sovereignty of Kings) in these very words m The true difference between Christian subjection and unchristian rebellion. part. 3. p, 416. The Roman State and Commonwealth had as good right to dispose the Roman Empire, as all other Christian and Heathen Kingdoms and Countries had to settle the sword and sceptre that Reigned over them. And since all n Cassanaeus catalogus gloriae mundi pars 5, consid. 29, p, 245 246. other Nations once members of the Roman Empire, were suffered to plant those several forms of regiment which they best liked, and when the Right Heirs failed to elect their own Governors, I SEE NO CAUSE why the Romans might not provide for themselves as well as other Realms had done before them; especially if the reports of your stories be true; that they were neglected by the Grecians, when they were besieged by the Lombard's; and the sceptre at Constantinople went not by descent, or succession, but by violent and wicked invasion, and usurpation. So he; with whom Cassanaeus in his Catalogus Gloriae mundi: pars 5 consid. 30. p. 248. accords. and iacobus Valdesius, de Dignitate Regum Hisp. c, 18. n, 20, 21. Sixthly, After this division, and translation of the Empire unto Charles the Great, the Roman Empire for a time, by permission and connivance of the French, & Germane States, went by succession till Charles the Gross; after him wholly by Election, o see Munst, Cosm l. 3, c, 22, and Grimstons' Imperial Hist. the power of electing the Emperor residing in all the French & Germane Princes, till at last it was by consent, about the year 1001. translated to the 6, or rather p Grimst. Imp. Hist, p, 433, 535. 560, 571. 572. Munst. Cosm, l, 3, p, 410, to 414. 7. Prince's Electors: Yet during all this time the Sovereign Power and jurisdiction of the Empire resided only in the Germane Princes, States and Diets (not the Emperors themselves) who had power, not only freely to elect what Emperors they pleased, but also to censure, and depose their Emperors upon just grounds, and to set limits to their Imperial jurisdictions. Not to trouble you with the Histories of q see Grimst. Abas Vsper gensis, Nauclerus, Rerum Germanicarum Scriptores, Munst Cosmogr. l3, Bp. jewels view of a seditious Bull. and others in their lives, and john White his Defence of the war, c, 6, p 18. to 21. Ludovicus Pius, Otho the great, Henry the 1, 2, 3, 4, 5, 6, 7. Lotharius, Frederick Barbarossa, Philip, Otho the fourth & fifth, Frederick the 2, 7. Albert the 1, Ludovicus Bavarus, Sigismond, and other Emperors, who were much affronted, persecuted, warred against, and some of them unjustly deposed and murdered by their Subjects, Sons, and the Prince's electors, through the Pope's procurement; I shall pitch only upon such precedents as are pertinent to my purpose r Grinst Imp. Hist p, 104, Munst. cosmog. l. 3, p. ●4. Hermolds Chron. Slavorum l. 1, ●. 7. jean Cressin La state de Le 〈◊〉 p. 263. Charles the third surnamed the fat, though he came to the Empire by descent, yet the Princes, Dukes, and Governors of the Provinces of Germany, and France, seeing his great insufficiency, and unaptness to govern (he being grown a very fool and having lost his understanding) did thereupon deprive him of his Empire, and other Kingdoms; and elected and crowned Arnolph Emperor in his stead: He being thus degraded both of Realm, Empire, and forsaken of all the world, not having so much as an house wherein to shroud himself, retired into a poor village of Suabe, where he lived some few days in excream misery, and penury, and soon after died; not lamented nor pitied of any man: Which deposition of his, I have formerly proved lawful; though his subsequent ill usage was no doubt dishonourable, and unjust. So the Emperor s Munst Cos. l, ●. p, ●15, 416 404 Grimst. Im. Hist. p, 576. 581, 582. jean Crisp. Le state de Le g●se. p, 465. Wenceslaus was deposed by the Prince's Electors of the Empire, for his insufficiency to govern, and the little care he took to suppress and pacify the civil wars and dissensions in the Empire, giving himself over to vain pleasures and delights, which made his government dangerous, and unprofitable for the Empire, and Christian common wealth; and Rupert made Emperor by them in his room. After this, about the end of t Grimst. Imp. Hist p, 736. 737. Rodulph the second his imperial reign, the Electors called a Diet at Nurenberg, from whence they sent ambassadors to the Emperor to acquaint him with the State of the Empire; who told him, that the Electors required above all things a reformation of justice: That he should make choice of more faithful officers and Councillors then formerly he had done: That a general Diet might be called the spring following: That the reason of the bad government of the common weal was, for that his Majesty did not impart the important affairs of the Empire unto them, as his Predecessors had done etc. Whereupon he appointed a general Diet to redress these disorders; but dying before the day, according to the golden Bull made in the year 1356 the Elector Palatine, and he of Saxon, were appointed Vicars, Governors, and Administrators of the Empire until there were a King of Romans chosen to be Emperor. After which they Elected Mathias, who as Emperor and King of the Romans u Munst. Cos. l. 2. c. 64, p, ●03, l, 3, p. 410, to 418. Grimston. p, 737. 738. had not any City or Town within the Empire, the whole Territory of Germany belonging to the Electors, Bishops, Abbots, Princes, Earls, Noblemen, and free Towns. What power the Prince's Electors, and Germane states had, and yet have in electing, rejecting, deposing, restraining their Emperors; in calling Diets, and making Laws, you may read more largely in x Consm. l. 3. p, 382, to 418. Munster, and y Imp. Hist. from Charles the great to the end. Grimston: By all which, and other particulars, which for brevity I shall omit, it is most evident, that the Supreme Sovereign Authority of the Roman State, both under their ancient Kings and Emperors, and of the Greek, and Germane Empires resided not in the Kings and Emperors themselves, but in their Senates, Diets, People, State's, who prescribed them conditional Oaths at their Coronations, and to whom they were still accountable for their actions and misgovernment, This z Common wealth, l, 2. c. 5. p. 221. 222, john Bodin (a famous learned French Lawyer, of great experience in State affairs, surpassing all who writ before him of Republikes) plainly affirms in these words. The Roman Emperors were at first, nothing else but Princes of the Common weal, that is to say, the chief and principallmen: the SOVEREIGNTY nevertheless still RESTING IN THE PEOPLE AND SENATE, the Emperor having the Sovereign authority only in fact, not in right: the State being but a very Principality, wherein THE PEOPLE HAD THE SOVEREIGNTY. So the Germane Empire at this day is nothing else, but an Aristocratical Principality: wherein the Emperor is head and chief, the POWER and majesty of the Empire BELONGING UNTO THE STATES THEREOF, who thrust out of the Government Adolphus the Emperor, in the year 1296, and also after him Wenceslaus in the year 1400; and that BY WAY OF JUSTICE, AS HAVING JURISDICTION AND POWER OVERDO THEM. a Bodin Com. l. 1, c, 10, p. 157, etc. And so properly ancient Romans said: b Cicero Oratio pro Rabirio, Perd. reo. Imperium in Magistratibus, Auctoritatem in Senatu, Potestatem in Plebe, Maiestatem in Populo; Command to be in, the Magistrates, Authority in the Senate, Power in the Maeniall People, and Majesty in the People in General. The Senate in Rome did consult, the people command: for Livy oft times saith: Senatus decrevit, populus iussit: the Senate hath decreed, and the People commanded; Which he there more largely prosecutes, as you may read at leisure. To all which c Of the difference between Christian subjection, etc. part. 3. p. 513. to 521. Bishop Bilson himself doth fully assent, affirming, that Germany is a free state, that the Emperor holds the Empire by election, and that but on condition, which he takes an oath to perform. And if he violate their liberties, or his oath, they may not only lawfully resist him by force of arms, but repel and depose him as a tyrant, and set another in his place, by the right and freedom of their Country. And d Catalogue Gloriae Mundi. pars. 5. Consid. 29. p. 246. Cassanaus holds, that the people may take away the very name of the Emperor at this day, degrade him, and resume his royal power. This then being an unquestionable verity; disproves that palpable common mistake of e Resolving of Conscience sect. 1. 2. 3, A Revindication printed at Cambridge, 1643. and other late pamphlets. Dr. Ferne with other ignorant Court Doctors and Royalists, who would make the world and Kings believe, that the Roman Emperors were of greater power and authority than the Senate, people; the highest powers upon earth to which all persons, yea the Senate and people collectively considered, aught to submit; and that it was unlawful either for the Senate or people forcibly to resist Caligula, Claudius, Nero, and other their wickedest, and most tyrannical Emperors: much less to depose, take arms against, or call them to a strict, just account for their Tyranny, Oppression, or Misgovernment, it being directly contrary to Paul's Doctrine Rom. 13. 1, to 6. Let every soul be subject to the higher powers, etc. which false groundless principle, is the sole foundation upon which all their late Sermons, Books, and railing Discourses against this Parliaments proceedings and taking up of defensive arms are built; when as in truth, the Senate & people were the highest powers, to whom the Roman Emperors themselves were to be obedient in all just requests & commands, under pain of damnation, and subject to the Senate's sword of ●ustice in case of disobedience & misgovernment, as all the premises evidence; yea it likewise manifestly evidenceth, that whole States & Parliaments are the highest power and above their Kings, who are subject to them, since the Roman and Greek Senates and people heretofore, & the very Germane States at this day are the highest power and above their Emperors, though ever reputed of f Cassanaeus Catalogue. Gloriae Mundi pars. 5. consid. 27. & jacobus Valdesius de Dignitate Regum Regnorumque Hispaniae passim greater power, Sovereignty and dignity than any Kings, and the greatest Monarches in the world: and that therefore Kings, even by Paul's Doctrine Rom. 13. ought to be subject to the higher power and jurisdiction of their Parliaments, the Laws and Statutes of their Realms; and to be accountable to them, if not subject to their censures, as some affirm, in exorbitant cases of misgovernment which concern the Kingdoms and people's safety. If Kings injuriously take away the lands, goods, or imprison the persons of any particular subjects, the g 22, E. 3. 3. Error, 8. Fitzherbert Petition. The petition of Right 3. Caroli. See Ashes Tables Annuity: 2. Amerciament. 8. enter, Congeable 84. Entrusion 1, Petition and Traverse des Offices throughout & Habeas corpus Hieron. Blanca. Arragon. Rerum Comment. p. 188. 589. 590. 724. 747. to 761. Law gives every one a particular remedy against them by way of Action, or Petition of Right. If then every private subject may have redress, much more the whole Kingdom, (in and by Parliaments only not in inferior Courts) against their Sovereigns which oppress them; who being subject unto the Laws of God and their Realms, which have h Prov. 24 23 Rom. 2. 11. no respect of persons, may as many affirm, be questioned and judged by them in their Parliaments as well as other princes, great officers of State and Magistrates who in scripture are called i Psa. 82. 1, 2. Exod. 22. 8. joh. 10. 34, 35. Gods, the higher powers and said to be k Rom. 13. 1, 2 3, 4, 5. Tit. 3. 1. 1 Tim. 2. 2. ordained, to rule l Prov. 8. 15. Deut. 1. 17. 2 Chr. 19 6, 7. judge by and for God, as well, as Kings and Emperors. It is branded as a spice of m B. jewels view of a seditious Bull. Dr. Crackenthorp of the Pope's temporal monarchy 〈◊〉 2, 3, 4, 5. Cassanaeus Catalogus gloriae mun di pars 5. cons 7. Antichristian pride in Popes and their Parasites, to deem themselves so High above other men, that they are accountable to none but God for their wicked actions, though many Popes in former and later times, have been n See Balaeus de vitis Pontificum. Morneys Misterium, and ●ere, part. 1. questioned, consured, imprisoned and deposed both by Emperors, Kings, and Counsels for their intolerable misdemeanours. And is it not the very self same crime in Kings, in Emperors, and their flatterers, to hold this Popish erroneous opinion, that they are in no case responsible to their whole Kingdoms or Parliaments for their grossest exorbitances? Our o Bp. jewels view of a seditious Bull. Matt. Paris and Speed, in King johus life: Bp. bilson's true Zifere●ce, etc. part. 3, p. ●09, 10 526. Saxo grammatticus Hist. Daniael, 11. p. 189, 190. Popish Prelates and Clergy generally heretofore, and some of our Protestant p Bp. Bridges his supremacy of Christain Princes. p. 1034. Bishops and Divines of late times, from St. Ambrose his practice, have held, that kings for murders, rapes, and great crying offences may be Lawfully excommunicated and censured by the spiritual Law and sword, as sundry Emperors and Kings have been; then why not likewise by the temporal, when their Parliaments and whole Kingdoms see just cause, the case of hundreds of Emperors and Kings in former times, as the Histories of all Nations and ages prove abundantly, beyond all contradiction? I shall here instance in some few King's censures subject to the Roman State and Empire, with whom I shall conclude this discourse touching the Roman Monarches q Oratio pr● Deiorato Rege. p 629. Deioratus King of Galatia under the Romans jurisdiction, and one of their allies, was accused of Treason, and condemned to lose both his head and estate for certain offences against C. Caesar, and the Roman State; as appears by Tully's Oration to Caesar in his behalf, to procure his pardon; which because it was the first precedent of this kind, made his advocate say; tamen ita inusitatum est, Regem capitis reum esse, ut ante hoc tempus non sit auditum: yet long before that, Zedechiah King of judah, rebelling against the King of Babylon, was brought prisoner to the King of Babylon to Riblah, where he gave judgement upon him slew both his sons and Princes before his eyes, and then put out his own eyes, bound him with fetters of brass, and carried him prisoner to Babylon, where he died. 2 Kings 25. 1. to 8. jer. 52. 1. to 12. And after Detoratus r josephus Antiqu. judaeorum, l, 15, c, 1. Alexander ab Alexandro. Gen. Dierum l. 3. c, 5, f. 126. Antigonus King of the jews, being taken prisoner by Antonius, for moving sedition against the Roman State, was beheaded with an axe at Antioch, without any legal trial, to prevent further seditions, which never befell any King before that time, writes Alexander ab Alexandro; And s Alexander ab Alexandro abide Strabo Geogr. l, 8, p. 712, 713. Agrippa, not long after, put Bogus King of the Moors to death, for siding with Antonius. Of later times, I read that t Grimstons' Imperial history, p, 389. Ludovicus Pius the Emperor taking Bernard his Nephew (King of Italy) prisoner, for rebelling and denying his superiority over him, carried him into France, to determine what should be done with him according to justice, for this his offence; where (though a King) he was condemned to death and executed, as some, or at least cast into prison, and had his eyes put out, as others write: So v Munster's Geogr. l, 2, c, 76, 〈◊〉 16. Gen: hist, of France. p. 3●. Charles of France taking Conradine King of Sicily prisoner, publicly arraigned and condemned him of high Treason, and cut off his head, Anno 1208. Yea, our own v Matth. Par. Hist. Angl. p. 273, 274, 275. Gen. hist. of France. p. 119. King john being a Feudatary to the King of France, was by Philip the French king in a full Parliament there (during his absence in England) arraigned, condemned to death, and deposed from his Crown by the sentence of his Peers, for murdering his Nephew, Arthur, (than a Subject of France) with his own hands: So x Speed, p. 653, 654 Hect. Boetius, l, 14. Walsing, Holins. Fabian, Graced. and others. john Bailiol king of Scotland, renouncing his homage for that Crown, to king Edward the first, was for this offence compelled to resign his Crown with all his right to the kingdom of Scotland, to King Edward the first, and sent Prisoner to the Tower of London: and y Speed, 1156. 1196. Cambd, Esiz. Holinsh. Stow, Martin, Buchanon. Mary Queen of Scots, within many men's memories, after long debate in Parliament, was condemned and beheaded at Fothringhom Castle, Febr. 8. An. 1587. for laying claim to the Crown of England, and other particulars mentioned in our Historians. And thus much for the Roman, Grecian, Germane Emperors, kings and kingdoms. I shall now give you a brief Survey of what Greek Authors write concerning Kings and Kingdoms; and of the power, the kinds of ancient Kings and Kingdoms, in Greece and other places. That great Father of Learning and policy Aristotle, (Tutor to the greatest Emperor Alexander the Great) whose Authority is irrefragable in our Schools; resolves: z Polit, l. 3. c. 10. p. 209. 210. and l. 5. c. 10. p. 367. That true Kingdoms were erected at first and conferred on the worthiest men by the free voluntary joint consent of the people, and founded, confirmed by the customs and Laws of each country, (which * Hist. l. 6. p. 621. etc. Polybius also affirms) a Polit. l. 3. c. 10. 11. and l. 5. c. 10, 11. That there are 4 several sorts of Kings, some of greater, some of lesser Authority and continuance then others: some elective, some successive, some during life, some Annual, all of them receiving their distinct jurisdictions, Forms, Limitations, and different Royalties, from the people's primitive or subsequent institutions and consents. For all men being equal by the Law of nature, can have no dominion nor Supercrity one over another, but by their own voluntary consents. That the b Polit. l. 3. c. 7. 10, 11, 12. Laws, (not the King's Princes, or Magistrates be they one or more, or never so good) ought to be the sole Lords or Rulers of the Commonwealth, and that Princes and Governors ought to govern by the Laws: who cannot command what the Laws do not command. That those who command that the Law should rule, command that God and the Laws should rule: but he that commands a man to be a Prince, he commands that both a man and beast should be Princes: for covetousness and the lust of the mind is a certain beast, which poverts both Magistrates and the very best men; but the Law is a constant and quiet Mind and Reason void of all motions of lusts and desires. c Polit. l. 3. c. 10. p. 19●. That the power of the greatest things, and greatest power, ought (DE JURE) of right to be in all the people, because their wisdoms, resolutions, and revenues considered altogether, are greater and more considerable than those of a few wise or honest men placed in the highest offices of Magistracy, who are but a small particle of the State in respect of all the people. d Polit. l. 3. c. 11. p. 217, 218. That the people ought to be of more power than the King or greatest Magistrates, to prevent their Tyranny and Oppression; and that a King ought to govern by his Laws, and not to do any thing against them, according to his lust; wherefore he ought to have so much power and force wherewith he may protect the authority of the Laws: yea he must necessarily have forces and power, yet so much only, as thereby he may be able to curb every particular man, or many also: yet not so great power but that, a populo autem universo idem REX ILLE IPSE COERCERI POTEST, the very King himself may yet BE KERBED by all the people: such Guards verily the Ancients gave to their Kings when they would set any Tyrant or Governor over the City: And when Dionysius required Guards, a certain Syracusan persuaded them to curb such Guards: to which e Hist. l. 6. p. 521. Polybius also suffragates. According to these Rules of Aristotle, I read in f Antiq. Rom. l. 2. sect. 2. p. 133. Dionysius Halicarnassaeus, and g Hist. l. 6 p. 525, 526. Polybius, that in the Lacedaemonian Commonwealth, the Kings had not the chief Dominion, so as they might do what they pleased, sed summa totius Reipub. administratio penes Senatum erat: but the chief Government of the whole Commonweal was in the Senate, from whence the Romans took their pattern. h Genial Dierum. l. 4. c. 23. f. 238. & l. 3. c. 3. f. 117. De Moribus Gentium. See Xenophon Hist. Grac. l. 5. p. 504 & de Laced, repub. p. 690. Alexander ab Alexandro, Boemus, and Xenophon write, That the Lacedæmonians sometimes elected a King out of the Family of the Heraclidae, or of Agis, but more often two joint Kings of equal Authority out of the stock of Proclus and Aemisthenes, who yet had not the chief Command as Kings, Quia juris omnis publici potestas penes Senatum erat, because the power of all public law or rule was in the Senate (the better to keep their Kings from attempting and usurping a Tyranny; they being Kings rather in name then Dominion, and like the Athaean two Annual Praetors; whence i Pol. l. 3. c. 11. Aristotle makes them, the lowest rank of Kings. k Commonw. l. 2 c 5. p. 221. 222. john Bodin informs us, That in the Lacedaemonian Aristocracy, the Sovereignty remained in the State, wherein were two Kings without any Sovereignty at all, being indeed nothing else but Captains and * Regi in exercitu nihil restat negotii, quam ut rerum divinarum respectu sit Sacerdos, humanarum vero Imperator, Xenophon Lacede. Resp. ●89. Generals for the managing of their Wars; and for that cause were by the other Magistrates of the State, sometimes for their faults condemned to pay their fine, as was Agesilaus, and sometimes to death also, as was Agis and Pausanias: l Plutar. Apotheg. p. 468. Agis the last of the Lacedemonean kings (as Plutarch records) being apprehended and condemned by the Ephori, without an Indictment, and then hanged in a halter. Finally m Polit. l. 5. c. 11. p. 369. Aristotle himself, and n De Agesil. Reg p. 651. Xenophon inform us; that the Kingdom of the Lacedæmonians flourished very long, yea longer than any other form of Government, because their King's power was but small, and their Kings never desired greater things than the Laws would bear, by which they had received their Kingdom in the beginning: for in the beginning that Kingdom was divided between two joint Kings: After which Theopompus left it more moderated to his successors, and constituted the Magistracy of the Ephori (who had power even to depose and execute their kings if they offended, and rose not up out of their seats unto them;) to retain that moderation; By which means he verily weakened the power of the Kingdom, but yet certainly settled it more lasting and stable: whence Theopompus gave this answer to his complaining and upbraiding wife; whether he was not ashamed to leave the Kingdoms less to his Children then he had received it from his Father? No truly, saith he, for by this means I leave it more stable and lasting. A Speech well worthy the consideration of the very greatest hereditary kings These Lacedaemonian kings (whose honours, writes o Xeno. de Lacedem. Repub. p. 690. Xenophon, were not much better than those of private men; Etenim, neque Regibus animos 〈◊〉 Tyrannicos voluit, Lycurgus, neque civibus eorum potestatem invisam reddere, took an o Xeno. de Lacedem. Repub. p. 690. Oath every month, to govern the Kingdom according to the Laws enacted. I find that the p Alexan. ab Alex. l 3. c. 5. f, 126. Calius Rhodig, Antiq. Lect. l. 7. c. 10. Cumaeans had a Magistrate whom they called Phylactus, whose office was, to come into the full Senate, and hold the King's hands who stood in judgement before them; until by the Senators decree, their reward or punishment was appointed. By which it is apparent, that the Cumaean Senate was above their kings, and did usually arraign and punish them judicially, if they saw cause; as they rose up in Arms against q Plutarch de virtutibus mulierum, p, 544, 545. Aristodomus their king, (who tyrannised over them) by Zenocrita her instigation, slew him and so recovered their Liberties. The r Alex ab Alex, l, ●. c, 3, f, 117. ancient Carthaginians had two kings, whom they styled Suffites; who were but annual, removed every years Yea, the Ibersans and Parthians, had two joint kings in ancient times, the one to judge the other to govern the people. In s Strabo Geog l. 17. p. 6● 9 Alex, ab Alex. l. 3. c. 3. Diodorus Siculus Bibl. hist. l. 3. c 6. p. 140, 141. Meroe, where they elected their kings by their beauty, strength or wealth; their Priests had the chief power; who had so great authority, that sometimes (like the Pope and his Nuntioes) they would send a Messenger and command the king to be put to death, and make another in his steed. Which custom was after abolished by one of the kings, who violently assaulted and slew all the Priests: and in t Alex. ab Ale. l. 3. c. 5 f 123. Diod. Sic. Bibl. hist. l. 3. p. 140. Meroe if the king offended, after the Priest's power was abolished, they inflicted no corporal punishment on him, but all withdrew themselves from him and avoided his company till he was killed with grief and consumption. The u Strabo Geogr. l 1. p. 148 Alex. ab Alex. l. 3. c. 10. Munst. Cosmog. l. 5. cap. 113. Boe. de moribus Gent. l. 2. c. 8. p. 102. Indians will not permit their king to sleep in the day time, and if he be drunken at any time if any woman (of whom he hath a guard) kill him whiles he is drunk she is so far from being guilty of Treason, that for a reward, she shall be married to his Successor: much like the ancient public institution of the Selavonians, recorded by x Hist. Daniciae, l. 8. p. 40. Saxon Grammaticus, that the assassinate of evil Kings should succeed them in their kingdoms; a thing frequently practised in many kingdoms and Empires, though very ill enacted in any. The y Alex. ab Ale. l. 4. c. 23, f 239. Sabaeans confined their Kings to their Palaces, and used to stone them if they went forth of their bounds. The z Alex ab Ale. l. 3, c. 11. Mosseriaes' whose kings were elective, used to punish them, when they offended, by keeping them fasting a whole day's space. Among some of the a Munst. Cos. l. 5. c. 137. p. 1248. Indians, if the king dies, having male children of his own, or cousin-germans or brother's children, they shall not succeed him in the kingdom, but his sister: son, if there be any; if not, than his next alliance; and that, ex gentis instituto, by the institution of the Nation; the reason is, because their Priests used to deflower the Queen, whose issue is held to be illegitimate. In b Munst. Cos. l. 4. c. 53. p. 1089 Boe. de Morib. Gentium. l 3. p, 209, 210. Thraciae, the people elect a king who is well qualified, merciful, grave for his age, and one who hath no children: For no Father, though never so well qualified, is admitted to reign; and if he fortune to have issue while he reigns, he is deprived, and so kept, lest the kingdom should become hereditary. Yea, though the king be never so just, yet they will not that he should have the whole power, but appoint him 40. Governors, lest he alone should judge in capital causes: And if he be convicted of any offence, be is punished with death, yet not by laying violent hands on him, but by public consent, all food is kept from him, so as at last he perisheth with famine. The c Alex. ab Ale. l. 4. c. 23. f. 239. Taprobani had this custom, that no man who had any children should be chosen king, lest he should claim the kingdom as hereditary, and make it so. The m Gen. Dier. l. 4. c. 23. & l. 3. c. 11. Athenians, jonians, Milesians, Marchomanni Quadi, Persians, Sicilians, Corinthians, Parthians, Meroes', Gordii, Medes, Paphii, Cathians, Aetheopians, Sydonians, Germans, Swedes, Danes, and other Nations had several Customs, Laws, Rules, (over-tedious to recite) by which they elected and inaugurated their kings (of which you may read in Alexander ab Alexandro. n Geog. lib. Strabo, o De Moribus Gentium. Boemus, p Ind. Hist. Peter Martyr, q Pilgrimage and Voyages, Merula, Munst. Gotard. Mercator, Nou. Orbis. Purchas, and others) and different degrees of power and government derived from their kingdoms and people, the sovereign Authority still residing in them to prescribe both Laws and limits to their kings, and call them to public account for their gross offences and misgovernment. The ancient r Diod. Sicul. Bibl. hist. l 3. c. 5. p. 140. Boem. de moribus Gent. l. ●. c. ●. p. 27. Forts de Laud. Leg. Ang, c. 12. Aethiopiant elected the most fanatique Priest for their king, whom though they adored and honoured for a God, yet Vitam agere STATUTAM LEGIBUS DEBET iuxta patrios mores, he ought to live such a life as the Laws appointed him, according to the manners of the Country, neither ought he to reward or punish any man himself, though chief parts of Royalty. The s poem. demor. Gent. l. 3. c, 12. p. 341. old Germane kings had no free nor infinite, but a restrained and bounded power by the Laws. t Bibl. Hist. l. 1. sect. 70. p. 61, 62, 63. Boem. De Mor Gent. l 1. c. 5. p. 37, 38. Forts. c. 12. Diodorus Siculus writes, that the first Egyptian Kings lived not like other Monarches, to rule all things according to their wills, Nullis obnoxii censuris, as ob noxious to no censures; but all things, not only their public actions, but even the regiment of their daily life, were conformed to the rule of the Laws (as he there manifests in sundry particulars) both in respect of their attendants, dispatches, devotions, recreations, moderate spare diet, and the like; neither was it lawful for them to judge, nor do any thing, nor punish any man out of petulancy or anger, or any other unjust cause, contrary to what the established Laws required concerning every of them. Whiles they observed these things customarily, it was so far that they took it ill, or were offended in mind, that on the contrary they thought they lived a most blessed life. For other men rashly giving indulgence to the affections of nature, acted many things accompanied with losses and dangers; yea some men ofttimes although they foreknew they should sin, did notwithstanding perpetrate evil things, being led away with love or hatred, or some other perturbation of mind; but they, embracing the rule of life approved by the most prudent men, resolved not to err from their duty in the least degree. Whiles Kings used this justice towards their Subjects, they had their Subjects bound unto them in greater benevolence and love then their very kindred; For not only the College of Priests, but the whole Nation of the Egyptians, and likewise every one of them were not so careful of their wives and children and private goods, as of the safety of their Kings: Wherefore they preserved the estate of the Republic entire for a long time under the mentioned kings, spending their life in greatest felicity, as long as this constitution of Laws flourished. And when these kings died, all the Egyptians generally mourned for them in an extraordinary manner divers ways, made solemn Orations in their praise, buried them with great pomp and solemnity, and erected Pyramids to their eternal honour; all which funeral pompous solemnities many ill kings wanted after their deaths, ob plebis refragationem, because the people gainsaid it, (who together with the Priests and Senates, who were ever present with the kings to assist, counsel, and direct them, were superior to their kings, since they could thus decree or deny them these funeral honours) which made many of their following kings to addict themselves to just actions too, for fear of contumelious handling and sempiternal ignominy after their decease. So this Author. To which I shall add v Memorabilium, l. 4 p 813. De Laced. Repu. p. 690, 691. Xenophons' definition of a Kingdom and Tyranny: A kingdom, is an Empire over men by their free assents according to the Laws of the City: And a Tyranny, is an unlawful Empire over men against their wills, which depends upon the will of the Prince. And this observation of x Hist, l. 6. p. 118, to 126. Polybius, That Kings in ancient times did give themselves wholly to do that which was honest and just, and to suppress the contrary; the very beginning of all true kingdoms, and the end for which kings were first instituted by the people. Whiles they thus demeaned themselves, they were subject to no envy, because they differed not much from others, neither in apparel, nor in meat and drink, but observed a conversation of life conformable to other men, and lived perpetually like to others. But afterwards, when those who obtained the principality of succession, and the prerogative of their blood had those things already provided, which made them able to secure themselves, and to support their state, following their lusts by reason of their abundance, they then thought, it belonged to Princes to be better clad then subjects, to exceed them in costliness and variety of meats, and to use venery with whom they pleased: Hence envy and offence was begotten, and implacable hatred and anger kindled, and a kingdom by this means changed into a Tyranny: Hence men most generous and magnanimous bold spirits unable to bear such affronts and insolences of Princes, seditiously conspire against them; and the people having got such Captains to make resistance, join with them for the foresaid causes, that the Princes may be repressed. And thus the form of a Kingdom and Monarchy is utterly taken away by the roots, and the beginning of an Aristocracy again laid, the people refusing to set any more a King over them, yet not daring to commit the Republic to many, fearing as yet the iujustice of Superiors, and therefore most esteem equality and liberty; So that the Sovereign power of settling, of changing the Kingdom and form of government resides principally in the people, who (as he there largely proves by the Lacedaemonian and Roman state) ought to enjoy the Supreme authority, and to be above their Kings; as it seems the Egyptian did, y Munst. Cosmog. l. 6. c. 15. p. l. 298 1299 who deposed and expelled Evergetes their King, for his cruelty, and after him their King Ptolomaeus Auletes, setting up Cleopatra his eldest child in his Throne; and as the Roman Senate did, z Bodin Commonw. l. ●. c. 1. p. ●73. who had power to dispose of the common Treasury and revenue (one of the greatest points of Sovereignty) to appoint Lieutenants and Governors of Provinces, to grant Triumphs, to dispose of Religion: (for which cause a Apolog. adv. Gentes. Fertullian saith, that never any God was received in Rome without the decree of the Senate,) * See Livy Passim. and to receive, answer, and dismiss the Ambassadors of Kings and Nations, which none else did but the Senate; whose Sovereign power was such, that Tiberius the Emperor in the beginning of his Reign called the Senators (assembled altogether in the Senate) Indulgentissimos DOMINOS, his most loving LORDS, (and moved the Senate, to divide the Empire, & not to commit it all to one man, as we read in b Annalium ●. 1. Commonw. l. 3. c. 1. p. 2●6. Tacitus) though they were his Subjects and inferiors when divided and severally considered: And such Sovereign power had the Panaetolium or general assembly of Parliament among the Aetolians, who received and answered all Ambassadors, determined all affairs of war and peace, it being provided by the Laws of the Aetolians, that nothing should be entreated of concerning peace or war, but in their Panaetolium or Pelaicon Council, as c Hist. Rome l. 31. & 35. Livy and d Commonw. l. 3. c. 1. p. 261. Bodin record. But to leave these ancient, and come nearer our present neighbour Kings and Kingdoms of greatest eminency and power, which may parallel our own; The Kings of France (to whom e Pars 5. consid. 29, 30, 31. p. 243. etc. Caessanaeus in his Catalogus Gloriae mundi, gives precedency before all others, and to the Emperor himself, while but elect, before his Coronation,) have in ancient times been inferior to their Kingdoms, Parliaments, and subject to their censures even to deposition, if not more, though f Cassan. Ibid. & Bodin Commonw. l. 2. c. 5. l. 1. c. 10. l. 3. c. 1. some cry them up for absoluts Monarches, and make them little better than Tyrants now. g Commonw. l. 2. c. 1. p. 222. john Bodin, a learned French Lawyer and Statesman, writes, That in ancient times the Kings of the Cities of the Gauls were subject to their States; whom Caesar for this cause oftentimes calleth Reguli, little Kings, being themselves subjects and justifiable to the Nobility, who had all the Sovereignty, causing them even to be put to death if they had so deserved: And that is it for which Amphiorix the Captain General, whom they called the King of the Lingeois said, Our commands are such, as that the people hath no less power over us, than we over the people: Wherein he showed evidently, that he was no sovereign Prince; howbeit, that it was not possible for him to have equal power with the people, as we have before showed: Wherefore these sort of Princes, if they, polluted with wickedness and villainy, cannot be chastised by the Authority and severity of the Magistrate, but shall abuse their wealth and power unto the hurt and destruction of good men, IT ALWAYS HATH AND SHALL BE LAWFUL not for strangers only, but even for the subjects themselves also, to take them out of the way: But if the Prince be an absolute Sovereign, as are the true Monarches of France, etc. where the Kings themselves have the sovereignty without all doubt or question not divided with their subjects; in this case it is not lawful for any one of their subjects in particular, or all of them in general to attempt any thing, either by way of fact or justice against the honour, life, or dignity of the Sovereign, albeit he had committed all the wickedness, impiety, and cruelty that could be spoken: so Bodin, By whose words it is clear, that the ancient kings of France were inferior in Jurisdiction to their whole kingdoms and Parliaments, yea censurable by them to deposition or death: Yet that their kings of late are grown absolute Monarches above their kingdoms, Nobles, Parliaments, and so not responsible to, nor punishable by them for the grossest misdemeanours: But if this their absolute Monarchy be only an usurpation (as many conceive it,) not of right, by their Parliaments and kingdoms free grants and consents, they are still, in truth, of no greater Authority, nor no more exempted from just censures, than their predecessors. Now it is clear, that in ancient times, h Fabian. pa. 5. c. 155. par. 6. p. 154. 160. 164. 243, 244. par. 7. p. 107, 108. 280, 282. Andrew Favi●s Theatre of Honour, l 2. c. 12. Munsteri Cosmog. l. 2. c. 40. p. 139, 140. Paulus Aemylius, l. 1. Mercators' Atlas, p. 254, 255. Bodin Commonw. l. 3. c. 1. the 3. Estates and great Council of France assembled in Parliament, and their twelve Peers (or kings as Fabian terms them) were the highest power and judicature, from which there was no appeal; that the Kings of France could make no binding Laws but by their Authority (though now of late they do what they please) and that they have judged the differences between the Crowns of England and France (as I have formerly proved) and exercised the same, or as great authority as the Parliament of England hath done, which authority it hath lost by certain degrees. To give a few more instances to clear this truth. i Paulus Aemyl l. 1. Gaguinus and the general History of France in his life, jean Crispin Lestate de Leglise p. 144. Fabian, par. 5. c. 75. p. 66. Munster's Cosmog. l. 2. c. 41. Pharamont, the first King of the Franks, that Reigned in France, An. 420. was elected King by the unanimous vote and consent of all the people: and by their advice and consent, in his Reign, the Salic Law was made to Regulate the descent of the Crown, that no women should be heirs to it, or claim it by descent; which Law continues of force until this day, as all the French historians generally accord, who make frequent mention of it; though our English have much oppugned it, as you may read in k 2. H. 5. f. 35. etc. Hall and l Hist. p. 685. 687, 786. 787. etc. Speed. m Fabian. pa. 1. c. 86. Gagui. Emyl. the General Hist. of France, Crespin, Munst. and others in his life Childericus the fourth King of France about the year 460. giving himself to all vice and cruelty in such extreme wise, that he became obible to his subjects, perceiving the murmur of the people, and fearing his sudden destruction, by the counsel of Guynemeus, fled out of his kingdom to Beseigne king of Thuringe. Whereupon the Frenchmen with one assent, chose Gyll a Roman, for their King and governor: who laying grievous Taxes upon his Subjects by the fraudulent counsel of Guynemeus (a fast friend to Childericus) and using sharp, execution upon some of the Nobles, so far discontented his subjects that by the help of Guynemeus, they deposed and chased him into Soysons; and sending for Childerious again, restored and made him King: after whose death his son Clodovius, was by the people ordained and authorised for King of France: between whose four sons it was afterwards divided n Fabian, pa. 5. c. 122. 126. Gaguyn. Emyl. the Gen. hist. of France. After the death of Chilpericus, Clotharius being very young, Gunthranus king of Orleans (his uncle) with the assent of the Nobles of the Realm, was made his Tutor: who coming to age, he offered to refer the differences between Sigebert and himself touching Austracy, (to which both laid claim) to an Assembly of the Lords of that Kingdom: and condemned Queen Brunicheild by the unanimous consent of the Lords, to be tied by the hair of her head to a wild horse tail, and so to be drawed while she was dead; for her many murders and criminous deeds; which was accordingly executed. o Fabian. part. ● c. 132. Gaguinus, Paulus Aemilius, Crespin, the general Hist. of France. King Dagobert exercised such tyranny and injustice in pillaging his commons by Exactions and Tributes, that those who dwelled in the out parts of the Realm near the Turks, and other strange Nations, chose rather to put themselves under their government, than under the Rule of their own natural prince: Poytiers rebelled against him, his Lords murmured so much against him, that Pippin and Martain (two of his great Lords and agents) to save his Crown, dissuaded him from his ill counsels: whence a little before his death, calling a great counsel of his Lords Spiritual and Temporal, he made his will, and settled his Kingdom by their advice; dividing it between his two sons. p Fabian. part. 5. c. 138, 139, 140. Gaguinus. Aemylius. Crespin, the general History of France, in his life, and the life of Childericus. Theodoricus king of France, giving himself to sloth and idleness, committed the government of the Realm to Ebroyn Mr. of his Palace, who did what he liked, and vexed and troubled the Subjects grievously; wherefore by assent, the Lords assembled them, and by authority deprived the King of all Dignity, and closed him in a Monastery during the residue of his life, when he had borne the name of a King without executing of the art thereunto belonging, three years: the cruel Ebroyn they exiled to Luxenbourgh during life; making Childericus brother to Thesdericus King, Ann. 669. who oppressing his subjects grievously, and using the Laws of his progenitors after his pleasure, and unjustly causing a Nobleman called Belin to be tied to a stake and beaten to death, without guilt or Treaspasse Hereupon the Lords and Commons, fearing like punishment without deserving, murmured and conspired against him, and slew him and his wife (than great with Child) as they were hunting in a wood: After which they restored Theodericus (whom they had deposed) to his former dignity; under whom Ebroyn getting into place and favour again, used such Tyranny towards the Nobles and People, that Pippin and Martaine raised a great army against him, lest he should destroy the Commom-weale, gave him battle, and at last Hermefreditus slew him: After which Pippin was made Master of the Palace in his place. q Fabian. part. 5. c. 144. 145. Gaguinus, Aemylius, Crespin, the general Hist of France. K. Daegobert the second dying without any Issue or known Heir at all, one Daniel (after named Chilpericke) a Priest, was by the Lords and people's general assent chosen King of France, Anno 721. for that by their former experience of him, they deemed him apt for the rule of the Land. After whose death, Theodoricus son to Dagobert, (secretly fostered among Nuns within Nunneries in woman's clothing) was espied and admitted for King: During most of the forenamed Kings, the grand Master of the Palace swayed the Kingdom at his pleasure, and executed the Office of the Kings, who had nothing but the bare name of Kings, and were subject to this grand Officer: Whereupon Theodoricus dying, r Fabian. part. 5. c. 150, 153. general Hist. of France, Gaguinus, Aemylius, Crespin, Turpin, Chronicon, Chronicarum, Sabellicus, Opmeereus, in the life of Childericke and Pipin, Aventinus Annal. Poyor. l. 3. Antonini Chron. Tit. 14. nu. 1. sect. 2. Munst. Cosmog. l. 2. c. 41. 〈◊〉. jewels Reply, p. 341, 342, 343. Bishop Bilson of Christ. subjection etc. par. 3. p. 418 to 423. Blondus Decad. 1. l. 10. Nauclerus, vol. 3. gen. 26. Regino, l. 2. An. 722. Papyrius Masson, An. in Child. p. 83. 〈…〉. Childericus his son being a Sot, and for his dulness unfit to govern, Charles Martell Master of the Palace, (who swayed all things in Theodoricus reign) deceasing, his two sons Charlemagne and Pipin, by the advice of the Nobles of the Land, considering the insufficiency of the King to rule so great a charge, divided the Land of France between them, so that either of them should under the King Rule and Govern such proportion as then there was to them appointed: Charlemagne soon after renounced his Government and turned Monk; and Pippin, as only Ruler, took upon him the charge of the whole Realm. Pipin then considering in his mind in what danger and trouble before him, his Father, and he now had ruled the Land, and that the King to whom belonged all the charge, kept his Palaces, and followed all his delights and pleasures, without taking any pain for reformation of the same; sent an ambassage to Pope Zachary, (ask his advice in point of conscience,) Whether it were more necessary or wealfull for the Realm of France, that he should be admitted for King, that did nothing but apply his mind to all bodily pleasures, without care and charge take● upon him for the guarding of the Land, and the People of the same; or he that took upon him all the charge and pain in defence of the Land, and keeping of the people in the due subjection? To this the Pope answered, and wrote back to Pippin, that he was best worthy, and most profitable for the Realm, to be admitted for King, that ruled well the Commonalty by justice and prudence, and the enemies thereof defended and subdued by his policy and manhood. s Annal. Boiorum, l. 3. p. 299. Aventine relates his answer more largely, in these words; I find (saith Zachary) in the Story of Divine Scripture, that the people fell away from their reckless and lascivious king, that despised the counsel of the wise men of the Realm, and created a sufficient man, one of themselves, King; God himself allowing their doings: All Power and Rule belongs to God, Princes are his Ministers in their Kingdoms; And Rulers are therefore chosen for the people, that they should follow the will of God, the chief Ruler in all thing, and not do what they list. He is a true King that guideth the people committed to his charge according to the Prescript and Line of God's Law; all that he hath, as power, glory, riches, favour and dignity, HE RECEIVETH OF THE PEOPLE, and the people, MAY WHEN THE CAUSE REQVIRETH, FORSAKE THEIR KING. It is therefore LAWFUL for the Franks and Germans, refusing this unkindly Monster (Childericke) to choose some such as shall be able in war and peace, by his wisdom to protect and keep in safety their Wives, Children, Parents, Goods and Lives. Which answer of the Pope (recited and approved in our own King t Lambards' Archaion. f. 130 Fox Acts & Mon. vol. 1. Edit. ult. p. 244. Edward the Confessors Laws, and Childerickes deposition likewise Chap. 17.) being declared to the Lords, Barons, and Commons of the Realm (whom this Pope likewise wholly absolved from their allegiance to Childericke) soon after, they of one assent and mind, proceeded, and deposed, and put down their King and Governor, Childericke u Antonini Chron. Tit. 14. 14. n. 1. sect. 2. f. 102. Blendus Decad. 1. l. 10. Sabellicus Enead. 8. l. 8. Gaguinus l. 3. in Car. Martel. Nauclerus vol. 3 gen. 26. Gratian. Caus. 15. qu. 6. Platina in Zach. 1. Frisin. l. 5. c. 22. Fabian, part. 5●●. c. 132. p, 141. Amonius de gest. Franc. p. 403. being a Sot, a fool, a beast, and one unfit to govern, and closed him in a Monastery, after he had reigned ten years in the King's room, by name only; which done, they unanimously elected and crowned Pippin for their King: By means whereof the Royal Line of Moroveus after 17 descents ended, and the Crown was translated to Pipins' blood. Which act in point of policy, is determined lawful by x Hist. l. 6. p. 521. Polybius, who Writes, That the reason why some Kingdoms became hereditary, was only this, because their first Kings being virtuous and worthy men, they were persuaded their Children would prove like them; but if at any time they degenerate, and prove otherwise, and the * Though that of Plinius secundus, Panegyr. Traiano dictus, p. 8. be true, Quod aequiore animo ferunt homines quem Princeps parum faliciter genuit quam quem malè elegit. posterity of the first Kings displease the subjects, they thenceforth make the Kingdom elective; choosing Kings, not according to their strength of body and minds attempting great things, but according to the difference of their will and reason manifested by their actions: And by y Part. l 5. ●, ●0. Aristotle, who informs us, That in Kingdoms confirmed in succession of blood, this is to be numbered among the causes of their ruin, that the Kingdoms descend to many contemptible and slothful persons, who although they obtain no tyrannical but Royal dignity, yet they live lustfully and proudly; and so the Kingdom easily falls to ground, and becomes a tyranny, the people being unwilling that such should rule over them; and so either wholly alter the form of government, or make choice of a fitter King for the necessary preservation of the State; yea this election in point of policy and Divinity too, is justified and proved lawful by Buchanan, in his Book de jure Regni apud Scotos; by john Mariana, de Rege & Regis Instit. l. 1. c. 3, 5. by Pope Zachary in his forceited Epistle, by King Edward the Confessor in his Laws c. 17. by a general Council of all the Peers, and Prelates of France; Convocato enim Principum et Senatorum Concilio de COMMUNI SENSV ET VOLUNTATE OMNIUN Childericum solo nomine Regem à regni fastigio deponunt, etc. ac OMNIBUS GAUDENTIBUS ET VOLENTIBUS, Pipinum super Francos REGNARE FACIUNT; writes z Chron. tit. 14. c. 1. sect. 2. f. 103. Antoninus: and in a word, our Bishop a Of Christian subjection, par 3. p. 420. Bilson himself, an Anti-Puritane, and great Royalist, affirms, That if the King be a natural fool, distracted, and altogether unable to govern, as Childericke was, any Realm, by public consent and advice, may choose another to govern them: of which more before. Pipin b Fab. par. 6. c. 154. Gaguin the Gen. Hist. of France. deceasing, Charlemagne and Charles the great, his sons, reigned jointly over the Frenchmen, by their ●oyous admittance. Having now two Kings instead of one c Fab. par. 6. c. 2●4. Grimst. Imper. Hist. p. 390, 391. Gaguin The Gen. hist of France, Turpin Antoninus, Munst. Crespin, Papyr. Masson, and others. Lewes, surnamed the godly, son of Charles the great, (a pious, yet unfortunate Prince) by means of his son Lothair, was first imprisoned, and then by a Council and Parliament held at Compaygne, by authority of the spiritual and temporal Lords, and of that Parliament, discharged of all rule and dominion, as well of the Empire, as of the Realm of France; after that shorn a Monk, and thrust into the Monastery of Saint Mark, where he was strictly guarded; and when some of the Nobles and people afterwards desired Lothair to release and restore him to his former dignity; he answered them: That the deposing of him was done by the whole Authority of the Land; wherefore if he should be again restored, it must be by the same Authority, and not by him only: After which by the Lords assents he was restored. d Fab. par. 6. c. 175. Gaguin. Gen. hist of France. Lewes and Charles, after Lewes Balbus their father's death, were joint Kings of France, and being very young, by a Parliament held at Meaux, Lewes the Emperor, their Uncle, was declared to be more apt to rule the Kingdom of France, than these Infants, or Barnard their Guardian, and these Children held by some illegitimate. Whereupon, by the greater number of voices an Ambassador was sent to the Emperor, to come and take upon him the Rule of middle France, which he coming to do, his Nephew's friends compounded with him, and then caused these Infants to be crowned and proclaimed Kings. e Fab. par. 6. c. 175. Gaguin. Gen. hist. of France, Herma-Schedel, Crispin and others. Charles the simple, at his Father's death, Anno 895. being too young to take upon him the charge of the Realm, the Lords of France put him under good and convenient guiding, and of assent they chose Eudo, a man of great fame and worth, to be King of the Land, for the term of his life, and to guide the Land, till Charles should come to his lawful age, whom they put under Eudo his tuition, making him King in his stead, who was crowned of Walter then Archbishop of Senys. After which when Eudo knew he should die, he called before him the Lords and Nobles of France, charging them by solemn Oath, that after his death they should immediately crown Charles for their King (whom he had brought up with diligence in learning and all Princely virtues) being then of age to govern. Charles coming to the Crown, the Danes miserably walled his Kingdoms; Whereupon his Nobles and people assembled themselves in sundry companies, and went to the King, showing their misery and blaming his fearfulness and negligence, that he no more for him resisted the Danes cruelty; Whereupon (he out of fear belike, lest they should choose another King to protect them) compounded with Rollo chief Commander of the Danes, giving him all Normandy, and his own Daughter in Marriage, to purchase peace; f Fabian, p. 6. c. 82, 183, 186, 201. Gaguin. Turpin, General Hist of France Charles being afterwards slain by Hebert Earl of Vermendoyes, Algina his wife mistrusting the Frenchmen, fled secretly with her young son Lewes (Heir to the Crown) to Edward the Elder into England: Whereupon, that the Land might not be without a Ruler, the Lords of France assembled at Paris, and there took Council to elect a new King; where, after long debate, they named and crowned Raulfe, son to Richard Duke of Burgundy King, as next Heir to the Crown but young Lewes: Raulfe dying after he had reigned 12 years, the Nobles hearing that Lewes was alive in England, sent for him into France and crowned him their King. g Fab. par. 6. c. 201. 202. Gaguin. Turpin, Chron. Chron, Opmerus, Crisp. Gen. hist. Fran. Lewes the 6. dying without issue, being the last King of Pipens blood (who enjoyed the Crown 10. descents) Hugh Capet usurped the Crown, putting by Charles Duke of Loraigne, Uncle and next heir to Lewes, whom by the Treason of the Bishop of Laon, he took prisoner: After which the Crown continued in this Hugh and his Heirs. h Fab pa. 7. c. 243, 244. Gaguin the. Gen. hist. of France. Turpin Theat. of honour, l. 2. c. 12. Philip the 2. of France, by a counsel of his Prelates was excommunicated for refusing to take Ingebert his wife, whom he unlawfully put from him, and to renounce Mary whom he had married in her stead; And calling a Parliament, they concluded, that King john of England should be summoned to appear as the French Kings Liegeman, at another Parliament to be holden at Paris within 15. days after Easter, to answer to such questions as there should be proposed to him for the Duchy of Normandy, and the County of Angeou and Poytiers; who not appearing at the day, Philip hereupon invaded and seized them: After which, i Fab. pa. 7. An. 1259. p. 68 Lewes the 9 and Henry the 3. of England in a parliament at Paris, made a final composition for these Lands. k Fab. pa. 7. p. 102, 103, etc. Gaguin. Lewes the 10. being under age, was thought of many unsufficient to govern the Realm; and when he had a mind to go to the holy War▪ as it was then deemed) he did not undertake it, but by the advice of his great Council of Spiritual and Temporal Lords and persons, who assisted him therein. l Fab. pa. 7. p. 187, 188. the Gen. hist. of France. Philip the 4. in the 27. year of his Reign, raised a great Tax throughout France, (which before that time was never heard nor spoken of) by his absolute Prerogative, without consent of his Estates in Parliament, which had the sole power of imposing Taxes: Which Tax all Normandy, Picardy and Champagne allying themselves together, utterly refused to pay: which other Countries hearing of, took the same opinion, so that a great rumour and murmur was raised throughout the Realm of France, in such ways, that the King for pacifying the people, was fain to repeal the said Tax. m Fab. pa. 7. p. 187. 188. Gaug. Gen. hist. of France. Lewes' 11. of France dying without issue male, left his Queen great with child, whereupon Philip his Brother reigned as Regent of France, till the child was borne, which proved a male, named john: who dying soon after, Philip was crowned King at Paris, albeit, that the Duke of Burgoyn and others withstood his Coronation, and would have preferred the Daughter of King Lewes. But other of the Lords and Nobles of France, would not agree, that a woman should inherit so great a Kingdom, it being contrary to the Salic law: This Philip by advice of evil counsel set a great Tax upon his Commons to the Fifth part of their movable goods, at which they murmured and grudged wondrous sore, and before it was levied, he fell into a Fea●●r Quartan and great Flix, whereof he died▪ which Sickness fell upon him by prayer of the Commons for laying on them the said grievous Tax. n Bodin. Commonweal l. 3 c. 1. p 2●4. See the general Hist. of France in his life. Charles the fifth of France, having a purpose to drive all the English cut of Aquitaine, and other parts of his Kingdom; and being provided of all things which he thought needful for the doing of it, yet would not undertake the war without the counsel and good liking of the Nobility and people, whose help he was to use therein: Wherefore he commanded them all to be assembled to a Parliament at Paris to have their advice, and by their wisdom to amend what had by himself not altogether so wisely been done, and considered of. And this war being at last decreed by the Council, prospered in his hand, and took good success. Whereas when the Subjects see things done, either without counsel, or contrary to the wills and decrees of the Senate or Council, than they contemn and set them at naught, or else fearfully and negligently do the command of their Princes; of which contempt of Laws, Magistrates, and seditious speeches ensue among the people; and so at length most dangerous rebellion, or else open conspiracy against the Prince, as Bodin observes. This o Fabian. part. 7. p. 192. 193, 263, 274. Speeds Hist. p. 687, 6●4, 786, 787, 788. Hall's Chron. 2. H. 5. See the general Hist. of France, and Gaguinus in the life of john. Charles dying without Issue May, leaving his Wife great with Child, Philip Earl ofValoyes, his Nephew, was by the Barons and Lords made Protector and Regent of the Realm of France, until such time as the Queen was delivered; who being brought to bed of a Daughter only, hereupon Philip was crowned King. Between him and King Edward the third of England, and their Counsels, arose great disputations for the Right and Title to the Crown of France; for it was thought, and strongly argued by the Council of England, for so much as King Edward was son and sole Heir to his Mother Queen Isabel, daughter to King Philip le Beaw, that he should rather be King of France, than Philip de Valois, that was but Cousin German to Philip le Beaw: Of which disputations, the final resolution of the Lords and Parliament, was, That for an old Decree and Law by Authority of Parliament long before made, (which the English much oppugned) that no woman should inherit the Crown of France; therefore the Title of Edward by might of the Frenchmen, was put by; and Philip by an Act of the whole French State, (by which his right was acknowledged) admitted to the Government of the same. After which one Simon Poylet was hanged in Chains, Headed, and Quartered at Paris, for saying in open audience, that the right of the Crown of France belonged more rightfully unto King Edward, then to King Philip; who had long wars about these their Titles to the Crown. King q Fabian. part. 7. p. 280, to 298. Gaguinus, the general Hist. of France, in the life of this Philip and King john. john of France, in the fifth year of his reign, had by authority of the three estates of his Realm assembled in Parliament (to wit of the spiritual Lords and Nobles, and Heads of Cities and good Towns of his Kingdom) 3000 men waged for a year, granted to him to defend him and his Realm, against Edward the third King of England; who the next year following took King john prisoner in the field: Whereupon Charles Duke of Normandy, his eldest son, and Heir apparent, assembled the 3 Estates at Paris in a Parliament there held, craving aid of them to redeem their captivated King; who promised their uttermost help herein, desiring convenient time to consult thereof: Which granted, the three Estates holding their Council at the Grey Friars in Paris, appointed fifty persons among them to take view, and make search of the grievances and evil guidance of the Realm; who after examination appointed six of themselves to acquaint the Duke, That the Realm before time had been misguided by ill Officers, and except remedy for it were shortly found, it should stand in peril to be lost; wherefore they besought him to discharge all such as they would name unto him, and over that to forfeit their Goods to the King's use. And first they name Peter Archbishop of Rouen, Chancellor of France, Sir Simond de Bury, chief Counsellor of the King and Parliament too, Sir Robert de Lorize before time Chamberlain to the King, Sir Nicholas Broke Master of the king's Palaces, Engueram Burgess of Paris & under Treasurer of France, john Pryll Sovereign of the money & King, accounts, and john Channeon Treasurer of the King's wars. All which Officers they would should be discharged all royal Offices for ever: Also they would that the King of Naverne (then imprisoned by the King of France) should be set free, and that Duke Charles himself would be contented to be advised and counselled by such as they should appoint unto him; namely, by four Prelates, twelve Knights, and twelve Burgesses, which eight and twenty persons should have authority to rule and ordain all things necessary for the Realm, to set in and put out all Officers appertaining to the Realm, with divers other requests which unto the Duke were nothing agreeable: Upon which requests the Duke gave answer, That he would counsult with his Council, and thereupon would shape unto them some reasonable answer. But first he desired to know, what aid the three Estates would give unto him, for delivery of his Father: Whereunto was answered, that the Clergy had given a disme and a half to be paid in a year, with that, that they may have licence of the Pope, and the Lords as much to be levied of their lands, and the Commons the tenth penny of their movable goods. The morrow following the Duke and his Council met, and after many Messages between them and the three Estates, offers to reform some part of the Articles. But the Estates firmly answered, That unless he would reform all the said faults, and confirm the said Articles to their mind, for the Commonwealth of all the Land, they should not aid him with their Goods, like as they showed him. The Duke hereupon secretly acquainted King John of these proceedings, who wrote to him again, that in no wise he should agree to the said requests, and to the end that these matters should not be touched in open Parliament, he deferred the debate of them from day to day; and at last by advice of his Council, dissolved the Parliament of the three Estates, and commanded every man to return home without any effect of their long counsel: Wherewith many of the said persons were grievously miscontent, saying among themselves, that they perceived well this was done by the Duke to the intent the requests by them devised, should not take place, but that the old misgovernance might continue like as before times it had done: Wherefore divers of them assembled again at the Grey Friars, and there made out divers Copies of the said requests, to bear them into their Countries, and show them unto the good Towns. And albeit the Duke after this Council thus dissolved, asked aid of the City of Paris, and other good Towns to maintain his wars; he was plainly answered, * Note this. That they might not aid him, unless the three Estates were again reassembled, and that the grant of the aid might pass by their authority: Whereunto the Duke in no wise would agree. In the mean time the 3 Estates of Languedock assembled in their Province by the Earl of Armenake, the King's Lieutenant, to make aid for the King's deliverance, agreed to purvey at their proper costs 500 men at Arms, with a furniture to every spear, and a 1000 soldiers on horseback, 1000 Arbalestres, and 2000 others called Gunsiers: all which to be waged for a whole year; and farther ordained, that no man should wear any furs of great price: that women should leave the rich at tire off their heads, and wear neither pearl nor gold upon them, nor silver in their girdles; and that all manner of Minstrelsy should be put to silence, so long as the King remained prisoner. The Duke and his Counsel after this, proclaimed at Paris certain coins and values of money, newly ordained by them; with which Proclamation the Commons of the City were grievously amoved: And for reformation, the Provost of the Merchants with others, road to the Earl of Angeou the Dukes Brother and Lieutenant, (who was then absent at Meaux) requesting him to cease the use of that money; And if not they would use such means, that it should not be suffered to be put forth nor taken within the City. Whereupon after long debate it was agreed, that the money should be stopped till the Duke's pleasure was known: Upon whose return, the Duke's counsel sent for the Provost, and desired him to suffer the said money to run and be currant throughout the said City; Which, the Provost with his company utterly denied: and after many great and bold words, departed from the Counsel in great ire, and after their return unto the City, incensed so the Commonalty, that they set apart all workmanship and Occupation, shutting in their Shops, and drew unto their Armour and Harnes. The Duke informed of this murmur of the Commonalty of the City, straight commanded the Provost, that the King's peace were kept within the City; and that he with certain Citizens should appear at the Palace before him and his Counsel the next day, at an hour assigned: at which time the Provost with his company came and were conveyed into the Parliament Chamber, where the Duke and his Counsel were present. Then the Duke after certain Challenges made to the Provost for his obstinacy and misleading the Commonalty of the City, said: That, albeit the King by his * So it hath been conceived by some, the King by Law might do this in England but Sir Edward Cook in his Institutes on Magna Charta. f. 575. to 5●9. hath largely proved the contrary; that the King by his Prerogative and Proclamation cannot alter, enhanse or abase his coin, but in and by the Parliament only, because it is contrary to sundry Statutes, it is the sinews and life of trade, and every man's estate consists in it, and so all have a common interest therein, which cannot be altered out by common consent in Parliament. Prerogative, might at his pleasure, and for his advantage, make his moneys when he would, and so to suffer them to be currant thorough his Realm; yet for the weal and ease of his Subjects, considering their manifold and late charges, he was content, that at this season, this new money should be spared; and that the 3. estates should be again assembled, and that they should deprive all such persons then bearing Offices as they should think prejudicial to the Realm, and ●ver that, to ordain such Money as might be beneficial for the Land: Of all which Grants the Provost, to the intent, that he might of authority show them unto the Commonalty of the City, desired a writing: The which the Duke to appease the people, though it were much contrary to his mind and his pleasure, granted unto his request. The thirtieth day of january ensuing, the Duke, at the request of the said Provost, sent certain Officers to the houses of Simon de Burg, and others accused of misgoverning of the Realm, whose houses the said Officers seized and made Inventories of their goods: That done, the Duke sent out Commissions, and assembled the Three Estates again at Paris, the 15. day of February: Where, in the parliament chamber in the presence of the Duke, Estates, and divers Nobles, Robert Coke Bishop of Laon by command of the Duke, made a long Oration, of the misguiding the King and the Land by means of evil Officers, as well by changing of money, as other many unlawful Excises and Taxes, to the great impoverishment of the Commonalty of the Realm, and to the singular enriching and advancement of the said Officers; Wherefore the Three Estates prayed, that all such Officers may be removed from their Offices, and other that shall be thought more beneficial for the King and his Realm to be admitted: Of which Officers the Archbishop of Rouen (then newly made Cardinal) was noted for one, and other to the number of 21. whereof some were right near to the Duke. After which Oration, Sir john de Pigquine, in the name of the Three Estates offered, That the Three Estates should find to the King 30000. men for an whole year, so as all things might after that day be ordered as the Bishop had before devised: All which Articles were unto them by the Duke granted, and incontinuently all such Officers as they before had named were clearly avoided, and other such, as by the said 3. Estates were thought most necessary, were put and chosen to their rooms, except that some of the old (as Masters of Accounts and some of the Precedents and Masters of the Requests) were holden in for a time, to show unto the new, how they should order and guide their said Offices: And the 26 of March was a new money proclaimed thorough Paris, such as the said 3. Estates had newly devised. The King informed of this, sends the Archbishop of Sennes and two Earls from Bordeaux where he was prisoner, with a Proclamation, which they caused to be proclaimed in Paris the 6. of April, That the people should not pay such Subsidies as the 3. Estates had ordained for the waging of the 30000. men aforesaid, or for the King's fine; and also that the 3. Estates after that day should no more assemble for any causes or matter before touched, till they had farther knowledge of the King's pleasure: For which Proclamation the Citizens of Paris much blamed the said Bishop and Earls, who purchased it, who as soon as this Proclamation was made, for fear of the people, fled from Paris. Upon this Proclamation the Commons waxed so mad, that they left their occupations, drew them to Conventicles and Companies, and used many unfitting words of the King and his Counsel: Whereupon to avoid inconvenience, the Duke commanded a Watch to be kept in the City day and night, and certain Gates of the City to be kept shut. Upon the 9 day of April, another Proclamation was made all contrary to that other. By virtue whereof, it was charged, that the foresaid Subsidies should be levied, and also that the 3. Estates should re-assemble at Paris, the 5. day after Easter, and there to proceed upon all such matters as were before by them begar. When the Estates meet again there grew a difference between them and the Duke, about the subsidies for the finding of 30000. men, the sum assessed for that purpose being too small by much, the Clergy and Lords then refusing to pay any more than they were first sessed unto: By means of which difference, the assembly of State was dissolved. Whereupon straight command was given by the Duke to the Provost of Paris and others (who bare principal sway within the City, and were great stricklers and doers in the Assemblies of the 3. Estates, so that much of the business was ruled by them and their means;) that they should cease their Authority, and not to deal any more with the rule of the Realm, but only with the good rule and government of the City of Paris: That done, the Duke road about to divers good Towns, making request to them for aid, and to have this new money currant among them. But he sped little of his purpose. Then shortly after he assembled at Paris certain person of 20. or 30. Town's next adjoining, with whom he held a Counsel for sundry days; who in the end showed him; that they might bring nothing to effect without the assembling the 3. states, besought him that they might be eftsoon assembled, trusting that they would then satisfy his mind: Upon which the Duke sent forth Commissions, charging the said 3. Estates to appear before him at Paris the next Wednesday after All-Saints day; which they did, where the Duke condiscending to their former Articles he gave the King of Navarre and the 3. Estates full content; who promised that they would demean themselves to his Father and him, as true and dutiful Subjects; and advising him to take upon him the Government of the Realm, they created him Regent of France, during his father's imprisonment. After this he assembled the Estates and chief Burgesses of Cities at Paris, and acquainted them with the King of England's large demands for his father's enlargement; which were so displeasing to all the company, that they answered, The said Treaty was neither honourable nor profitable: And rather than the King should bind him and his land to such inconveniences, they would prepare to make sharp War against England: whereupon they granted to find divers thousands of men at Arms, at their own costs, for certain months, to relieve the King: And at q Fabian part. ●. p 305, 306, 311, 312. General Hist. of France, Gaguin, and others. another Parliament assembled when john was dead, and Charles came to the Crown, they granted an excise of every 4 penny of all things bought and sold for the maintenance of his wars, the spiritualty granted him a disme, and the Lords and Gentlemen were stinted at a certain. And in the eleventh year of his reign, he assembled his great Council of Parliament at Paris, where among many Acts made for the weal of the Realm; he, with the assent of the Lords and Commons there assembled, enacted for a Law after that day to be continued, That all Heirs of the Crown of France, their fathert being dead, may be crownned as Kings of France, so soon as they attained to the age of fourteen years. And in the fifteenth year of his reign, the r Fabin. part. 7 p 307. see p. 190, 191, 266, 477, etc. ●55, 326, 357, 358, 359, 460. Walsingham, Hist. Angl. p. 235, 236. Duke of Flanders granted to those of Gaunt such Articles of agreement, for the confirmation of their liberties, the repealing of illegal taxes, the electing of their own Officers, the Duke's Counsellors, and the like (which you may read in Fabian) as plainly manifest this whole Dukedom and people to be of greater jurisdiction than himself, though invested with regal authority, and that he had no power to impose any taxes on them, without their grant and consent; the contrary whereof caused many bloody wars among them. Charles s Fabian. part. 7. p. 324. 355, 356, 357, 358, 363, 364. The general Hist. of France, Gaguin. and others in his life. the seventh (after Fabians account, but sixth after the French History) a Child of thirteen years, by reason of the difference between the Lords who should be Vicegerent, was by the advice of the major part of the Lords, for the common good of the Realm, Crowned at reins within the age of fourteen years, contrary to a Law made in the eleventh year of his Father. In the fourth year of his reign, the Citizens of Paris murmuring and grudging for divers impositions and taxes unduly levied upon them, suddenly arose in great multitudes, intending to have distressed some of the king's Household: Whereupon soon after, the King's Council considering the weakness of the Treasure, and his great charges and needs; and assembling a Parliament of the Rulers of Paris, Rouen, and other good Towns, exhorted them to grant the King in way of Subsidy, twelve pence in the pound, of all such Wares at that day currant, for the defence of the Realm and subjects. To the which request, after consultation taken, it was answered; That the people were so charged in times past, that they might not bear any more charges till their necessity were otherwise relived: and so the King and his Council at this time were disappointed. In his seventh year, by the Duke of Angeau his procuring, a tax was laid upon the Commons of France (without the three Estates:) Which to bring to effect, many friends and promoters were made, as well of Citizens, as others. Whereupon the Commons of Paris and Rouen became wild, assembled in great companies, chose them Captains, and kept watch day and night, as if enemies had been about the City; utterly refusing to pay that Tax. This Charles being none of the wisest Prince, ruled by his household servants, and believing every light Tale brought unto him, t Fabian. ibid. General Hist. of France, p. 216 227, 228, 229. marching against the Duke of Britain, as he came near a wood, was suddenly met of a man like a Beggar, which said unto him, Whither goest thou Sir King? beware thou go no further, for thou art betrayed, and into the hands of thine enemies thine own Army shall deliver thee. With this monition the King was astonished, and stood still, and began to muse. In which study one of his followers that bore his Spear, sleeping on Horseback, let his Spear fall on his fellow's Helmet; with which stroke the King was suddenly feared, thinking his enemy had come unawares upon him; wherefore in anger he drew his sword, slew four of his own Knights ere he refrained, and took therewith such a deadly fear, as he fell forthwith distracted, and so continued a long season, being near at the point of death. Whereupon his brother Lewes of Orleans, being but young, the States of France thought it not convenient to lay so heavy a burden upon so weak shoulders; wherefore his two Uncles the Dukes of Berry and Burgaine, BY AUTHORITY OF THE STATES OF THE LAND, specially assembled in Parliament upon this occasion took upon them to rule the Realm for that season, it being ordered by a special Law, that they should abstain from the name of Regent, unfit in this sudden accident, the King being alive, and of years: And because the Duke of Berry had but an ill name, to be covetous and violent and was therefore ill beloved of the French, his younger brother Philip Duke of Burgoyn, had the chief charge imposed on him; and though the Title was common to both, yet the effect of the author tie was proper to him alone, who changed divers Officers. After which the Duke of Orleans was made Regent, being the King's younger brother, who pressing the people with quotidian taxes and tallages, and the spiritual men with dimes and other exactions, he was at length discharged of that dignity, and the Duke of Burgoyne put in that authority. After this our King u Chron. 2. &. 5. H. 5. Henry the fifth, gaining a great part of France, and pretending a good title to the Crown (recited at large by x Hist p. 786. to 782. Hall and john Speed) the Frenchmen to settle a peace, made this agreement with King Henry: y Fabian. part. 7. p. 399, 400, 475. General Hist. of France, Holingshed. Fabian, Walsinghan, Grafton, Hall. That he should marry Katherine the French Kings daughter, and be admitted Regent of France, and have the whole government and rule of the Realm, during Charles his life, who should be King of France, and take the profits of the Crown whilst he lived; and that after the death of Charles, the Crown of France, with all rights belonging to the same should remain to King Henry, and to his Heirs Kings: That the Lords spiritual and temporal, and the Heads and Rulers of Cities, Castles and Towns, should make Oath to King Henry, to be obedient to his lawful commands concerning the said Regency, and after the death of Charles to become his true subjects and liegemen; That Charles should in all his writing name King Henry, his most dearest son, Henry King of England, and inheritor of the Crown of France; That no imposition or tax should be put upon the Commons of France, but to the necessary defence and weal of the Realm; and that by the advice of both Counsels of the Realms of England and France, such established Ordinances might be devised, that when the said Realm of France, should fall to the said Henry, or his Heirs, that it might with such unity join with the Realm of England, that one King might rule both Kingdoms as one Monarch; reserved always to either Realm all Rights, Liberties, Franchises and Laws, so that neither Realm should be subject unto other, etc. Which Articles were ratified and agreed with the consent of the more part of the Lords spiritual and temporal of France▪ But z Fabian, part. 7. p. 475, 478 General, Hist. of France, Hall, Holinshed. Speed. Charles dying, his son Charles the eight, was by some part of France, and many Lords, reputed and knowledged King, but not crowned whiles the Duke or Bedford lived and remained Regent, our Henry the sixth, both in Paris and many other cities, being allowed for king of France. After his death, his son a Fabian, part. 7. p. 479, 480, 481, 488. General Hist. of France. Lewes the eleventh, (〈◊〉 Fabian accounts) by strength of friends was crowned king of France; who refused the counsel and company of his Lords, and drew unto him, as his chief Councillors, villains and men of low birth, as john de Lude, john Balua, Oliver Devil, (whose name for odiousness he changed into Daman) with others, whom he promoted to great honours and places: Whereupon the Lords murmured, and were so discontented, that the Duke of Britain, and others, withdrew them from the king, and refused to come unto his presence when he sent for them, raising a great power: And when no peace could be mediated between the king and them, they met in a plain battle at Chartres, where many were slain on both sides, but the king lost the field. After which an accord was made between them, but the king continued his old courses, delighting more in the company of lewd, irreverent persons, to eat and drink with them, and to hear them talk of ribaldry and vicious fables, then to accompany his Lords, which might have won him much honour, going liker a Serving man then a Prince: and being a great oppressor of his subjects to maintain Hiprodigality, for lack of money, he was driven of necessity to ask a pressed of the citizens of Paris; who, after many excuses, which might not be allowed, they lastly denied the king's pleasure. Wherewithal he being grievously discontented, removed divers from their offices, and put many of the richest and head men of the city to death, upon surmised causes, without proofs of justice: For which causes, and many other oppressions, the Lords against assembled their people, intending to subdue the king, and to set his brother in his place, or to cause him otherwise to rule the Commonwealth: To which end all the Lords met at a Town called Stamps, where they continued their Council fifteen days, and then marched to Paris, sending four several letters unto the city; one to the Bishops and spiritual men, the second to the Consuls and headmen, the third to the University, the fourth to the Commonalty, signifying, That neither they nor any of their company were come thither as enemies to the City, or to war against it, or the Commonwealth of the Land, but for the increase and augmentation thereof to the uttermost of their powers. Whereupon these four parties sent certain Orators for them to the Lords, who after long communication with them had, returned to the city with this report; First, the Lords would that the inhabitants of the City should consider the conditions of the King, which yearly oppressed his Subjects with taxes and other grievous servages. Secondly, how he despised the noble blood of his Realm, and drew to him villains and men of no reputation, by whose counsel only all the Commonweal of the Land was guided and ruled. Thirdly, how he ruled his Subjects by force and will without administration of justice, and himself in all Counsels and Parliaments is judge of all causes, and calleth himself Counsels and Parliaments more for this singular weal then for the Commonweal of his Realm. Fourthly, how he enhanced men of low birth to great honours, and caused Noblemen to be obedient unto them, intending to bring the said ignoble men to be equal with the Princes of the Land. Fifthly, how the Laws be delayed and bolstered by such as stand in his favour, wherethrough at this day Law is will, and will is Law, and no man almost in any surety of life or goods; insomuch that daily many have been banished and put to death for unlawful causes, and also to any Nobleman at this day no power or room of honour belongeth; so that to the wild Beasts in the Forests appertaineth more Liberty and surety then to the more party of the King's subjects. Sixthly, The great taxes and sums of money which daily be levied of the Commons be not spent in the King's honourable needs, and for the Commonweal of the Realm, but are spent vainly and riotously, and bribed out of the King's Coffers; for which enormities and misgovernance with many other, the said Lords were come thither in defensible ways for the safeguard of their own persons, as to the head and principal City of the Realm, for to have aid and Counsel, to reform the foresaid evils, not intending any harm to the King's person, or yet to remove him from his regality or Kingly Majesty; but to induce and advertise him to that which should be for his honour and the weal of his Realm, and to live in wealth and honour, as his Noble Progenitors lived before him; For which causes and considerations, the said Lords, as the King's true Subjects, and friends to the Commonwealth of the Land, and of that City, desired to enter there to refresh them and their people, and to pay truly for all things they should take, without doing harm or violence to any person. All which requests and matters of the Lords showed to the Inhabitants of the City, by favour of some friends they there had, it was with the more party well accepted, and though convenient they should be received into the City; but by means of the Earl of Davoise it was respited, till they had further knowledge of the King's pleasure: who coming out of Normandy into, Paris after divers Skirmishes, the King and Lords fell to a Treaty of peace, whereupon Commissioners on both sides assembled and communed together by sundry times two days; In which season new strength of Soldiers came to the King out of Normands. The Treaty hanging long, and a longer Truce being proclaimed, the soldiers fell to robbing, and other unlawful acts; and at last, through obstinacy on both parties, all offers were refused, and the day of the Truces expiration approached, without hope of accord; whereupon provisions for war were made on both sides. Then begun grudges and murmurs between the king's soldiers and the citizens of Paris: and shortly after news came to the king, that the Castle and City of Rouen was yielded up to the Duke of Bourbon: Whereupon the King considering what great advantage the Lords had of him, both by strength and favour of the Commons, which daily drew unto them by sundry companies, in avoiding of more danger, concluded a peace: which being proclaimed throughout all France, the King and Lords met, to whom the King showed great semblance of kindness, specially to his brother Charles Duke of Normandy; therein appeared great dissimulation, Lewes being of such conditions, That what he might not overcome with strength, he would win with dissimulation and treachery. Not long after the King warred upon Charles his brother, the Duke of Burgundy and Britain, and a Treaty of peace being propounded between them, Charles answered, That if a perfect concord should be established between the King and him, it should be authorized by the whole consent and counsel of the Barons of the Realm. With which the King being content, at Turon, in the month of April, and tenth year of his reign, assembled a counsel of his Lords spiritual and temporal, in the which the demands of Charles, and offers of the king were showed: And after the said Council had at length reasoned the said demands and offers, it was finally determined, That the Duchy of Normandy was so appropriated unto the King of France, and to his heirs, that in no wise it might be dissevered from the Crown; but that a perfect unity might be had between the King and his brother, the King should be instanced to give yearly to his brother in recompense of the said Duchy, 12000 pounds of Turon money, with certain land to be assigned with the name of a Duke, and 40000 annual rent of like money during his natural life, for such portion as he claimed to be his right, within the Realm. To all which the king agreed, and to pardon the Duke of offences against his Majesty, and all such Lordships as he had won from him in Britain, to restore: which offers Charles refusing, was the year following contented with the Duchy of Guyan only, and so the war of Normandy ceased. After Lewes his death most of his special and dearest beloved Servants and ill Counsellors (whom he specially recommended to his son Charles the ninth on his deathbed) came to disgraceful ends: b Fabian. part. 7. p. 490, 521, 522, 523. Oliver Damman was beheaded for Treason, and john Doyacon for trespass and hatred unto the common people by his desert, was with all shame brought to the Market place at Paris, and there bereft of both his ears, and then banished the Court for ever; by reason whereof arose this proverb among the Frenchmen, Principibus obsequi haereditarium non esse, The favour of Princes is not hereditary. c Phili. de Com. l. 5. c. 18. Philip de Commines living under Lewes the eleventh, and Charles the eighth, by whom he was made Lord of Argenton, being in high favour with them, and a great Councillor of State, hath this notable passage, against the French Kings power then to impose any taxes on their Subjects, without their free assents in a Parliament of the 3. Estates, though the contrary be now daily practised, to the intolerable grievance of the subjects; c Phili. de Com. l. 5. c. 18. Is there any King or Prince that hath power to leavy one penny upon his subjects, besides his demains, without leave or consent of those that must pay it, unless it be by tyranny and violence? A man will say, that sometime a Prince cannot tarry to assemble his Estates, because it would require too long time. Whereunto I answer, That if he move a War offensive, there needeth no such haste, for he may have leisure enough at his own pleasure to make preparation; and further, he shall be much stronger and much more feared of his enemies, when he moveth war with the consent of his subjects, than otherwise. Now as touching a war defensive, that Cloud is seen long before the tempost fall, especially when it is a foreign war; and in this case good subjects ought not to complain, nor to refuse any thing that is laid upon them: Notwithstanding such invasion cannot happen so suddenly, but the Prince may have leisure at the least to call together certain wise personages, to whom he may open the causes of the war, using no collusion therein, neither seeking to maintain a trifling war upon no necessity, thereby to have some colour to leavy money. Money is also necessary in time of peace, to fortify the Frontiers, for defence of those that dwell upon them, lest they be taken unprovided, but this must be done measurably. In all these matters the wisdom of a sage king sufficeth, for if he be a just Prince, he knoweth what he may do, and not do, both by God's Laws and man's. To be short, in my opinion, of all the Seniories in the world that I know, the Realm of England is the Country where the Commonwealth is best governed, the people least oppressed, and the fewest buildings and houses destroyed in civil war, and always the lot of misfortune falleth upon them that be authors of this war: Note. Our King is the Prince in the whole world that hath least cause to allege that he hath privileges to leavy what he listeth upon his subjects, considering that neither he nor any other Prince hath power so to do; and those that say he hath, do him no honour, neither make him to be esteemed any whit the mightier Prince thereby, but cause him to be hated and feared of his neighbours, who for nothing would live under such a government: But if our King, or those that seek to magnify and extol him, should say, I have so faithful and obedient subjects that they deny me nothing I demand, and I am more feared, better obeyed, and better served of my subjects, than any other Prince living; they endure patiently whatsoever I lay upon them, and soon forget all charges past. This (me thinks, yea, I am sure) were greater honour to the King, then to say, I leavy what I list, and have privilege so to do, which I will stoutly maintain. King Charles' the fifth used no such terms, neither did I ever hear such language proceed from any king, but from divers of their servants, who thought they did their Master great service in uttering such speeches; but, in mine opinion they misbehaved themselves towards their Prince, and used such language, partly because they would seem to be good servants, and partly because they knew what they said. But for a manifest proof of the French men's loyalty and obedience to their Prince, we need allege none other example then that we have seen ourselves of late by experience, when the Three Estates were assembled at Towers, after the death of our Master King Lewes the eleventh, which was in the year of our Lord, 1483. A man might have thought this good assembly to be dangerous for the king's estate; Note. yea, and divers there were of mean calling, and less honesty: that said then, and often said since, That it is Treason to make mention of assembling the Estates, and a thing tending to the diminishing of the King's authority; but themselves are those that work Treason against God, the king, and the Commonwealth; neither do any use these speeches, but either such as are in authority without desert and unworthy thereof, or such as are common Tale-carriers, and accustomed to talk of trifling matters, or such as fear great assemblies, lest their doings should there be ripped up and reprehended, etc. d Gen. hist. of France. p. 421. 423. Charles the eighth of France, being but thirteen years of age when the Crown descended to him; hereupon in the year 1484. a general Parliament was held at Towers, with more free access than had been usual, yet not so effectual as was expected, every one seeking rather to maintain his private authority then to procure the people's ease. In this Parliament the pragmatic sanction was restored, to use it as they had accustomed. The Constable's sword was given to the Duke of Bourgon, the government of the King's person to his Sister; a cunning woman, and somewhat of her father's humour; but the name of Regent was forbidden to them all, to prevent jealousies: and there was a Counsel enacted of Twelve, by whom matters should be dispatched in the king's name; of the which Lewes Duke of Orleans should be Precedent. Lewes' discontented with the device, seeks to hold his rank; he pretends, that being the first Prince of the blood, the Regency belonged unto him: he assists at the Council in Parliament, and in the assemblies in Town, and notwithstanding the last Will of King Lewes, and the Decree of the Estates, yet will he by force have the name and effect of Regent. Whereupon discontents arising, he leaves the Court in discontent, and raised a civil war. However, the Estates settled the Regency and affairs of the Realm. e Gen. hist. of France. p. 575. to 580. Grimst. Imper. hist. p. 647, 648. Anno 1525. Francis the first King of France was taken prisoner by the Emperor Charles the fifth in the Battle of Pavia; who by mediation of Friends for his enlargement, sent the Earl of Reux his Lord Steward, to offer the King Liberty, so as he would resign all the rights he pretended in Italy; restore the Duchy of Burgongue, as belongeth to him by right, with Provence, and Dolphin for the Duke of Bourbon, to incorporate them with other Lands which he had formerly enjoyed, and to make all together a Kingdom. Moreover the Emperor offered to give him his sister in marriage, propounding many other conditions, so absurd and void of reason, as it is better to let the curious read them in the Originals themselves. Amongst all losses, that of Liberty toucheth nearest; but Francis having learned to withstand all adversity with a constant resolution, said, I will die a Prisoner rather than make any breach in my Realm for my deliverance, whereof I neither WILL NOR CAN alienate any part without the consent of the Sovereign Courts and Officers, in whose hands remains the authority of the whole Realm We prefer the general good before the private interest of King's persons. If the Emperor will treat with me, let him demand reasonable things which lie in my power, then shall he find me ready to join with him, and to favour his greatness. The Emperor seeing the King constant in this resolution, in the end yielded to his delivery, upon these terms, That within six weeks after his delivery he should consign the Duchy of Burgengue to the Emperor, with all the dependencies, as well of the Duchy, as of the County, the which should hereafter be sequestered from the Sovereignty of the Realm of France; That he should resign to the Emperor all his rights pretended to the Estates of Naples, Milan, Genoa, and Ast: That he should quit the Sovereignty of Flaunders and Arthois, etc. Hereupon the King being enlarged, and arrived at Beyonne, he was required, to ratify the Accord, which he had promised to do when he came to a free place: but he delayed it with many excuses, giving the Emperor to understand, that before he proceeded to such an act, it was necessary that he should pacify his Subjects, who were discontented with bonds which tended to the diminution of the Crown of France, etc. After which, the Pope and the Venetians sending Messengers unto him, he complained of the Emperor, that he had wronged him in that he had forced him to make impossible promises, and that he would be revenged if ever occasion were offered; and that he had often told him, * Note. that it was not in the power of a French King to bind himself to the alienation of any thing depending of the Crown, without the consent of the General Estates: that the Laws of Christians did not allow, that he which was taken in War should be detained in perpetual prison, which was a punishment proper to Malefactors, and not for such as had been beaten by the cruelty of fortune: that all men knew that Bonds made by constraint in prison, were of no value, and that the capitulation being of no force, the faith likewise which was but accessary, and the confirmation of the same could not be bound: that by the oath which he had taken at Rheims at his Coronation, he was bound (according to the custom of other Kings of France) not to alienate the patrimony of the Crown; and therefore for these reasons he was no less free than ready to abate the Emperor's pride. The Emperor growing jealous of the King's delays, for ratification thereof sent one unto him, to be certified of his intent, who found him very unwilling to leave Burgundy; which being very prejudical to the Crown of France, he said, was not in his power to observe; and that he could not alien the Bourguinans without their assents in an assembly of the Estates of the Country, which he intended to call shortly to know their minds. By which it is most apparent, that the Kings of France have no power at all to dispose of their Crown lands or alienate them to others (as other Subjects may do) because they hold them only in the right of their Crown for their Kingdom's use and service, the true proprieters of them. Upon which very ground f Matthew Paris, p. 270, 271. Philip Augustus' King of France, Anno 1216. in a solemn Assembly of the States at Lions, told Walo the Pope's Legate (who came to prohibit his Son Lewes to go to receive the Crown of England, because King john had resigned it to the Pope;) That no King or Prince can give away his Kingdom without the consent of his Barons, who are bound to defend the Kingdom; and if the Pope decreed to defend this error, he should give a most pernicious Example to all kingdoms: Whereupon all the Nobles of France began to cry out with one mouth, That they would stand for this Article unto death, That no King or Prince by his sole pleasure could give his Kingdom to another, or make it tributary, whereby the Nobles of the Realm should be made servants: And the next day Lewes his Advocate alleged, that King john for his homicides and many other enormities, was justly rejected by his Barons, that He should not reign over them. That he could not give the Crown of England to any one without the assent of his Barens; and that when he had resigned it, he presently ceased to be a King, and the Kingdom became void without a King, and being so vacant could not be disposed of without the Barons, who had lawfully elected Laws for their King: who in pursuance of this his Title, (which the Estates of France held just,) sailed into England, took possession of the Kingdom, received homage of all the Barons, and Citizens of London, who joyfully received him, taking an Oath upon the Evangelists, to restore them their good Laws, together with their lost Inheritances. g The general Hist. of France, p. SIXPENCES. to 690. Henry the 2. of France being casually slain by the Earl of Montgommery in running at the Tilt, left the Crown to Francis the 2. being but about 16. years of age, the Queen Mother, with his wife's Uncles the Duke of Guise, and the Cardinal of Loraigne, hereupon usurped the Government of his person and Realm, dispossessed the chief Officers of the Crown, kept back the Princes of the Blood from Court, the true and lawful Governors of the State during the King's minority, and plotted the means to raise their race to the Royal Throne, by displacing all great Officers, substituting others of their own faction, and endeavouring to extirpate the Protestant party, whom they seared as most opposite to their treacherous designs; They do and undo, place and displace in Parliament and Privy Council, like absolute Kings; they revoke all alienations for life or years made by the deceased King in recompense of any services, except sales; they caused divers Protestants to be put to death, imprisoned, pillaged: Wherewith the princes, Officers and people being generally discontented, to redress the present and prevent all future disasters that might ensue, require a general Parliament (as the Sovereign cure for such disease's, whereby the Queen Mother might be put from her usurped Regency, and those of Guise excluded from the King person) who to please the king persuade him, that their opposites sought only to bridle and make him a Ward, and that he should hold them enemies to his Authority and GVILTY OF HIGH TREASON THAT TALK OF A PARLIAMENT. The King of Spain to cross them, by Letters to the King his Brother-in-law, declares himself (for the good affection he bore to him) Tutor and Protector of him, his Realm and affairs, against those that would change the Government of the Estate, as if the King were not capable of the Government. Pleasant people, which reject so much the word of lawful tutelage, and yet usurped it against the Laws and Orders of the Realm, holding it only by tyranny. After this they cast many slanders on the Protestants, put Anne dis Burge and other Counsellors of Parliament to death, pistol Anthony Minard precedent of the Parliament, publish sundry Edicts against those of the reformed Religion, promise great recompenses to those that discover their assemblies, fill their prisons with them, employ air, fire and water to ruin them, and kept the king from hearing his Subjects complaints. The princes were kept back, the greatest of the Realm out of credit, threatened, and secretly pursued to death, the convocation of the Estates refused, the parliaments corrupted, the Judges for the most part at the Guisians devotion, and the public treasure, offices and benefices given to whom they pleased. This their violent government against the laws, and orders of the Realm, purchased them wonderful hatred, and caused many which could no longer endure these oppressions, to consult UPON SOME JUST DEFENCE, to the end they might preserve the just and ancient Government of the Realm. They demand advice, Note TOUCHING LAW AND CONSCIENCE OF MANY LEARNED LAWYERS AND DIVINES: who resolved, THAT THEY MIGHT LAWFULLY OPPOSE THEMSELVES against the government which the house of Guise had usurped, AND AT NEED TAKE ARMS TO REPULSE THEIR VIOLENCE; so as the Princes, who in that case are born Magistrates, or some one of them, would undertake it, being required by the Estates of the Realm, or by the sounder part of them. They who first thought of this Act of consequence, had several considerations: Some, moved with a true zeal to serve God, the King and Realm, thought they could not do a greater work of piety, then to abolish Tyranny, rescue the State, and to find some means to ease them of the Religion. There were others desirous of change, and some were thrust on with hatred, for the wrongs which the house of Guise had done them, their kinsmen and friends: yet all had one design to suppress this unlawful government. In these consultations it was held necessary to seize on the Duke of Guise, and the Cardinal his brother, being advowed by one chief member of the State, and then to require an assembly of the Three Estates, to the end they might yield an account of their Government, & provide for the King and Realm. After which they make the Prince of Gonderino acquainted with this their design, & engage him in this quarrel; which being discovered, produced a long bloody civil war against the Protestants, under this and the two succeeding Kings; in which war, those that died, departed this world with this singular content, to have courageously sacrificed their lives for their country's liberty: So the general History of France; in which and in Richard Dinothus you may read at large, both the History and the lawfulness of this defensive war, over tedious to transcribe. Francis c General Hist. of France, 692, etc. & Richardus Din●thus de Bello Civili Gallico Religionis causa suscepto. l. 2, 3, 4, 6. Speeds Hist. 1211, 1212 1214. K. james Answer to Cardinal Peron. dying, the Crown descended to Charles the ninth, being but eleven years of age, and a Parliament of the Estates being assembled on the three and twentieth day of December, 1560. the Queen Mother was thereby allowed and confirmed Regent during the King's minority: In several Parliaments contradictory Acts are made, some restraining, others granting the free exercise of the Reformed Religion throughout the Realm. The Guisian Popish faction, being the strongest party, most powerful at Court, and intimatest with the King, notwithstanding all Acts for the Protestants immunity and liberty of conscience, impose divers illegal restraints upon them, commit many outrages and massacres on them, for which they could have no redress; whereupon for their own defence and preservation, after many fruitless Petitions, & delusory promises, they take up Arms; whereupon many bloody civil wars ensue. Many propositions and overtures of Peace were made by the Guisian royal party, not one of them real, but all to get advantages, and overreach the Protestants, against whom they had the most mischievous designs in agitation, when they seemed most earnestly to desire Peace. Four or five several conclusions of Peace were solemnly made and ratified between them, but no sooner made and proclaimed, but presently violated of the King and Popish party, by massacres, and new treacherous Plots to extirpate the Protestant party; so that every accommodation proved but a seminary of a new and more bloody war, almost to the utter ruin of France. In the year 1592. when a public peace was made, and all differences to outward appearance, buried in eternal oblivion: the King, contrary to his faith and oath, caused the Admiral of France, (the Protestants chief pillar) as he departed from the Council to dinner, to be shot with a Harquebus, which carried away the forefinger of his right hand, and wounded him in the left arm The king to colour this treachery, swears with an execration to the King of Navarre, and others who complained of this outrage, to take such exemplary punishment on the offenders, as the Admiral and his friends should have cause to rest satisfied, commands them to be pursued, appoints three of the Parliament to make information against them, protests after this again and again, to be exceeding sorry; that this act touched his honour, that he will be revenged for it, so as the memory thereof should remain for ever; writes to the governor's of the Provinces, chief Towns, and Magistrates, That he would take such order as the Authors of so wicked an act should be known and punished: And to his Ambassadors to foreign Princes, That they should make it known to all the world, that this outrage did displease him. And for the Admiral's safety, he commands the Captains of his Guards, to give him as many of his Guard as he pleased, to suffer no Papist to enter his lodging; and adviseth all the Gentlemen Protestants then in Paris to lodge about the Admiral's lodging. But all this Court Holywater was only to keep every Bird within his own nest, and a Pitfall to entrap the chief of the Protestants: For the same day after dinner, the King and Queen Mother, the Duke of Guise, and others, take counsel to murder the Admiral, and all the chief Protestants, the night ensuing, not only in Paris, but throughout all France, whiles they were sleeping in their beds. Which most tyrannical barbarous Tragedy was accordingly acted, the Admiral slain in his lodging, and his head cut off, carried to the King and Queen Mother, who causing it to be embalmed, sent it to the Pope and Cardinal of Lorraine, for an assurance of the death of their most capital enemy: all the Protestants, Noblemen and Gentlemen, lodging in the Admiral's Quarter, undergo the like Butchery; the Streets of Paris are strewed with Carcases, the pavements, market places and river died with Protestant blood, about ten thousand of them being thus treacherously massacred in their beds, at such a season when they thought themselves most safe, and that on the Lords own sacred day, a very unsuitable time for such a bloody, profane, infernal sacrifice. No sooner was this matchless treachery of this king against his own natural subjects executed, but he avows and justifies that which he but the day before so solemnly and openly disclaimed, as a means to cut off all commotions for time to come. But this bloodshed begat new wars, and made the Protestants in Languedoc, Rochel, and other parts, to take up Arms in their own defence, and stand more strictly on their guard than ever before: And i Gen. hist. of France. p. 744. Fox Acts and Mon Vol. 3. p. 1026, Edit. ult. God himself out of his Divine justice, after this horrible Butchery committed by this dissembling, cruel, blasphemous King, smote him with an answerable disease, causing him to wallow in his own blood, which he pitifully vomited out in great abundance, by all the conduits of his body, for divers hours, till he died: (A just judgement for him that barbarously shed blood throughout all the Provinces of the Realm) he in the mean time tossing in his bed, and casting out many horrible blasphemies. A notable spectacle for all unnatural fidifragous' Princes to look on, who imbrue their hands in the blood of their Christian subjects. Which crime (as the Author of the k Gen. Hist. of France, p. 764. French History observes) made his reign cursed in the City, and cursed in the field; cursed in the beginning, and cursed in the ending; mortality, sword, famine, cursing, fear, and desolation, following it even unto the end. I shall conclude his reign with the words of the French History; Doubtless God loves not the Prince that thirsts after his subjects blood, for the subjects blood is the very blood of their Prince. l General Hist. of France, p. 765, etc. Charles dying without Heir of his body, the Crown descended to his Brother Henry the third, than king of Poland, Anno 1574. his first design was to extirpate the Huguenots and Protestant Religion throughout the Realm, though the Emperor Maximilian told him, There is no sin so great as to force men's consciences, and such as think to command them, supposing to win heaven, do often lose that which they possess on earth. His pernicious Cabinet Councillors, to effect this design, cause him first to protest by sundry Proclamations, his love to the good of his subjects, and to abolish what was past, so as they lay aside arms, de●iver him all his Towns, and live quietly in their houses, without any search, constraint, or molestation for matter of conscience. A policy practised only to bring the Protestant party into slavery, all those Proclamations making no mention of liberty of their Religion, neither of a Parliament for the public Government, nor of a national Council for matters of Conscience: hereupon the Protestants stood the more upon their guards they are full of jealousy, distrust, doubt, fear; the King and his Popish Council endeavouring by this wile to keep the Protestant party at a gaze, whiles they in the mean time made great preparations underhand to put a mighty army into the field, to ruin them without hope of rising: So they arm on all sides, especially in Poictou; the Protestants are besieged, assaulted in many places, and so manfully repulse their assa●lauts, that they are willing to hearken to a Treaty of peace; wherein the Protestants demanding free exercise of their Religion throughout all France, new Chambers in the Parliament for the execution of justice, punishment of the murderers of them, ease of imposts, a free assembly of the general Estates, and an assurance for the entertainment of the pretended peace. The King after fifteen day's conference, promiseth to content them all, but he will have them to refer these demands to his will; and so the Treaty vanished into smoke, and new wars sprung up in every place with new Court-designes to undermine and circumvent the Protestants, who are aided by a Germane Army, Anno 1576. The Queen Mother seeing the Protestant party prosper in their wars, makes a peace between the King and them; who grants the Protestants all their former demands, restores divers of them to their goods, offices, honours: avows by a solemn Declaration the Massacres of them, Anno 1572. to have been committed against all right and law of Arms; He ordained that the children of such Gentlemen as had been murdered, should be restored to their parents goods, and freed from all charges of war, yea, he a vowed their ●aking up of Arms, as taken for his service, etc. Which Articles, with the King's Edict thereon, were allowed by the Parliament at Paris. But no sooner were their Forces disbanded, but they began to find this peace to be counterfeit, being only made to disarm them, and divide their Commanders: none of the premises being really performed. In the mean time the house of Guise and their faction send their Agents to Rome, and Spain, to join with them in a Catholic league, and under pretence of extirpating Heresy, and establishing the Roman religion throughout France, endeavour to settle the Crown upon themselves: their chief designs were, to overthrow the succession of the Crown brought in by Hugh Capet, in the full assembly of the Estates, and to make the naming of a Successor subject unto the said Estates, to cause the Princes of the blood that should oppose against the Decrees of the Estates to be declared uncapable of succeeding unto the Crown; to make the Estates protest to live and die in the faith set down by the Council of Trent; to cause it to be signed in the open Parliament; to revoke and annul all public Edicts in favour of the Protestants and their associates, and to pursue them to the death, that should hinder the extirpation of Heresies, etc. These Articles of Association were first drawn at Peronne in Picardy, but disguised with goodly shows, to blind those that would examine them more exactly, as being only to maintain the Law, and restore the holy service of God; to preserve the King and his Successors in the estate, dignity, service and obedience due unto them by their subjects; to reserve unto the Estates of the Realm, their rights, preeminences and ancient liberties. And for the execution of these Articles, a certain form of Oath was propounded, insticting pains of eternal damnation to the associates, that for any pretext whatsoever should withdraw themselves from this league; and a Bond for such as should be enroled, or employ their goods, persons, and lives, to punish, and by all means to ruin the enemies and perturbers thereof, and them that should fail, or make any delays, by authority of the Head, as he should think fit. Soon after a Parliament of the three Estates is assembled at Bloyes, where the Catholic Leaguers, after much consultation, caused the last Edict of pacification, in behalf of the Protestants to be revoked, and procured an Edict for the exercise only of one Religion (to wit the Popish) to be tolerated within the Realm. The King of Navarre, the Prince of Conde, the Marshal of Montmorancy, with divers other Noble men of both religions, foreseeing these practices, and refusing to assist at this pretended Parliament, concluded a 〈◊〉 of all that should be decreed to prejudice the former Edict of Pacification; protesting, that they were resolved to maintain themselves in the Rights, Liberties, and freedoms which the Edict had granted them. That the troublers of the public quiet, and sworn enemies of France should find them in a just●d fence, and they should answer before God and men for all the miseries that should ensue thereby: Yea the Prince of Conde answered more sharply, That he did not acknowledge them assembled at Bloys for the Estates of the Realm, but a Conventicle of persons corrupted by the sworn enemies of the Crown, who have solicated the abolition of the Edict, to the ruin and subversion of the Realm: That if they had been lawfully called, he would have assisted, for the sincere affection he bears to the King's service and the quiet of his Country; that he with never give his consent to the counsels of the Authors of so many confusions which he foresee, etc. Hereupon a sixth civil War begins between these Catholic Leaguers, and the Protestants, whose good success caused the King, An. 1580. to make a new peace with the Protestants, and grant them their former immunities. The Leaguers discontented herewith, begin to cast forth Libels against the King, disgrace him in companies as a Sardanapalus, and idle Chilpericke, sit to be shaved and thrust into a Cloister; They cause the Preachers publicly in all places, to term him a Tyrant, an Oppressor of his people by Taxes, and a favourer of Heretics: And under a pretence of suppressing Heretics, reforming public oppressions; and settling the succession of the Crown in case the King should die without Heir, they, contrary to the King's command, (who disavows them, and forbids all leavyes of war) raise a great Army, and so enforce the king to publish a Declaration in his own justification, and to procure his peace with them, to revoke all Edicts made in favour of the Protestants, and make open war against them. Hereupon the King of Navarre (next Heir apparent to the Crown) for preservation of his own interest and the Protestants, complains against the kings proceedings, lays open the mischievous Plots of the Leaguers: and then with the Prince of Conde and other Nobles, Gentlemen, Provinces, Towns, and Commonalties of both Religions, He protests, by a lawful and necessary defence to maintain the fundamental laws of families, and the Estates and liberty of the King, and Queen his Mother. The Leaguers hereupon procure Pope Sextus the fifth, to excommunicate the king of Navarre, and Prince of Conde, to degrade them and their Successors from all dignities, from their pretensions to the Crown of France, and to expose their Countries and persons in prey to the first that should seize on them. The Court of Parliament declares this Bull of the Pope to be void, rash, insolent, strange, far from the modesty of former Popes, pernicious to all Christendom, and derogating from the Crown of France: The Princes likewise protest against, and appeal from it, as abusive and scandalous, to the next free and lawful Council. The Leaguers pursue their begun wars against the King of Navarre and Protestant party; who protest to use all lawful means to resist the violence of their enemies, and cast all the miseries that shall ensue upon the Authors thereof. Fresh wars are hereby prosecuted against the Protestants by the Leaguers, Germane Forces come in to aid the Protestants; after macombates the King desires peace, but the Leaguers will have none; and assembling at Nancy, they endeavour to force the King to make his Will, and allow the Regency unto them; to which end they conclude, That the King should be urged to join his Forces effectually with the League, To displace such from their Offices as should be named, To bring in the in the Inquisition of Spain, and publish the Council of Trent, but with a moderation of such things as derogate from the privileges of the French Church; To consent to the restauration of the goods sold by the Clergy for the charges of the war, To give them Towns to be named and fortified as the time and necessity required, To forfeit the Huguenots bodies and goods, and to entertain an Army upon the frontiers of Lorraine against the Germans. After which the Duke of Guise approaching to Paris, enters it against the King's command, who was jealous of him; mutinies the Citizens against the King, who thereby is forced to retire from thence for fear of being surprised by the Duke, who plotted to seize his Person. After which the Duke by the Queen Mother's mediation, is reconciled to the King; who for fear of his power, by an Edict of reunion, admits no religion but the Popish, promiseth never to make Peace nor Truce with the Heretics nor any Edict in their favour; binds his subjects to swear, never to yield obedience after him, to any Prince that shall be an Heretic, or a favourer of Heresy; degrades from all public charges, either in peace or war, those of the Reformed Religion; promiseth all favour to the Catholics, declares them guilty of High Treason who shall refuse to sign to this new union, and shall afterwards depart from it, But signing this forced Edict, he wept. To establish which Edict, and work their further ends, the Leaguers cause the King to summen a Parliament of the 3. Estates at Bloyes, procuring those of their faction to be chosen of this Assembly: where establishing the former extorted Edict, they thereby exclude the King of Navarre, (an Heretic as they deemed him) from the Crown of France, to which he was next Heir: An Heretic cannot reign in France, it is an incompatible thing with the Coronation and Oath which he ought to take; hurtful to the honour of God, and prejudicial to the good of the Realm: Then they declare the King an enemy to, and oppressor of his people, a Tyrant over his Realm, that so the people should presently resolve to confine him unto a Monastery, and install the Duke in his throne. And at last, the King being certainly informed of the Duke's traitorous designs to surprise him and usurp his Throne, caused the Duke and Cardinal of Bourbon (the chief Heads of the League) to be suddenly slain, and others of them to be imprisoned. Hereuppon the Parisiens' mutiny, and take up Arms a fresh; The College of Sorbone concluded by a public Act of the seventh of january, 1589. That the people of France are freed from the Oath of obedience and fealty which they owed to Henry of Valois, and that lawfully and with a good conscience they may arm against him, receive his Revenues, and employ it to make war against him. After which the Assembly of the Estates dissolving the parisians imprison the Court of Parliament at Paris, till they condescended to their pleasures, and confirmed a general Council of the union, consisting of forty choice men of the three Estates, to dispose of the public affairs, and confer with the Provinces and Towns of the League. To which many Assistants were afterward added by the Nobles, and a Declaration (in manner of an oath) for the entertainment of the Union, made, sworn, and subscribed to by many; one of which pricked his own Arm, to sign it with his own blood, and became lame thereby. The people condemn, imprison, spoil, ransom of their absolute power, and sell the goods of any that bears not the mark of their enraged faction. Hereupon the King turning his lenity into fury, Proclaims them Rebels and Traitors, if they come not in and submit by a day, and reconciles himself to the King of Navarre: They go on with greater insolency than before, set out a great Army under the Duke of Mayenne; crave assistance from the Pope and king of Spain; surprise divers towns, rob Churches, ravish Wives and Virgins, murder men of all sorts even before their Altars, commit all the outrages, wickednesses which irreligion and impiety could invent in mad Soldiers. The King at last besieged Paris, takes some of the Outworks, and was like to master the City; but in the midst of this attempt he was stabbed in the belly with a Knife, by james Clement, a jacobin Friar of two and twenty years old, (sent out of Paris to act this Tragedy on the king's person) who vowed to kill the Tyrant, and to deliver the City besieged by Sennacherib. The murderer was presently slain by those who came in to assist the king, who within few hours after died of this wound, which he received in the selfsame chamber wherein the Counsel for the Massacre of the Protestants was held on that fatal day of Saint Bartholomew, 1572. A notable circumstance of Divine justice upon this Prince, who being ever a zealous promoter of the Romish Religion, was murdered by a Zealot of it, and had his own blood shed by those who spurred him on to shed the blood of Protestants, in the very Chamber where the most babarous Massacre of Protestants that ever the world beheld, was contrived. m Gen. Hist. of France, p. 834, 835. Henry when the pangs of death seized on him, declared Henry the fourth, King of Navarre (his brother in law) the lawful Successor of the Crown of France, as in Truth he was, notwithstanding the Edict of Bloys to exclude all Heretics from the Crown. The parisians and holy Union refuse to accept him for their Sovereign, proclaiming Charles the tenth for their King, and triumphing exceedingly at Henry his death. The Parliament at Bourdeaux commands all men under their jurisdiction, by a Decree of the nineteenth of August, 1549. To observe inviolably the Edict of Union in the Catholic, Apostolic and Romish Church; and Declarations are hereupon made. The Parliament of Tholousa is more violent; they decree, That yearly the first day of August they should make processions and public prayers for the benefits they had received that day, in the miraculous and fearful death of Henry the third, whereby Paris was delivered, and other Towns of the Realm; forbidding all persons to acknowledge Henry of Bourbon, the pretended King of Navarre, for King; declaring him uncapable ever to succeed to the Crown of France, by reason of the notorious and manifest crimes contained at large in the Bull of Excommunication of Pope Sixtus the fifth. The Court of Parliament at R●an, no less violent and presumptuous then that of Tholousa, pronounced them guilty of High Treason, both against God and man, and the Estate and Crown of France, that had opposed themselves against the holy Union, and all Royalists and their Successors deprived of all prerogatives of Nobility; their Offices to be void, not to be recovered, and all their Goods forfeited: Anno 1592. they renew this Edict every eight month. Thus the league kindled afresh the fire which the siege of Paris had somewhat quenched: the King raising his siege before it, and returning to Arques, the Leaguers Army followed him, and are there defeated: after which the King with a small Army gains many great Conquests, which amaze the Leaguers; he besiegeth Paris above three months, where more than one hundred thousand people died of famine, yet they force the Parliament to publish a Decree the fifteenth of june, 1590. For bidding upon pain of death all men to speak of any composition with Henry of Bourbon, but to oppose themselves by all means, yea, with the effusion of their blood. But the Belly hath not Ears, the people are not fed with paper, or promises, they mutiny and demand peace; whereupon Deputies are sent to the King to treat a peace; who to defeat the Spanish Army called in by the Leaguers, raiseth his siege, and routs the Spaniard, with other Forces of the League in sundry places, which makes many desire peace; yet by means of Pope Clement the eighth his Bull, the Duke of Mayenne, and the Pope's Legate, they intent to summon a Convocation of the Estates of Paris to elect a new King, desiring the Cardinal of Placentia to assist and confirm this their intended future electior. The Parliament of Paris removed to chaalon's gives sentence against the Pope's Bull, and nulls it: The King sets out a Declaration against the Leaguers as Traitors and Rebels, declares this Assembly of the Estates without his Authority, to be against the Laws, against the good and quiet of the Realm, and all that should be treated or concluded therein, abusive, and of no force. On the contrary, the Pope's Legate, by a public exhortation full of injuries, labours to persuade the French, that the King, long since dismembered from the body of the Church, was most justly pronounced uncapable of the Crown. The Spaniyards labouring the Estates to elect the Infanta of Spain king; the Parliament of Paris by a Decree of the eight and twentieth day of july, declare all Treaties made or to be made to that end, void, and of no validity, as being made to the prejudice of the Salic Law, and oath fundamental laws of State. The king to quiet these differences, and gain peaceable possession of the Crown; most unworthily deserts his Religion, reconciles himself to the Church and Pope of Rome; yet one Peter Barriere, seduced and persuaded by a Capuchin of Lions, Aubry a priest of Paris, and father Varide a lesuite, was apprehended at Melua, and executed, for attempting to murder the King with a sharp twoedged Knife, which fact he confessed. After this the Town's subject to the League, return by degrees to the obedience of the Crown; the king is solemnly Crowned at Chartres, Rheims shutting the gates against him. This done, he surprises Paris, and notwithstanding their former rebellions, grants them all free pardon upon their submissions. The Parliament at Paris disannuls all the Decrees of the League, and pretended assembly of Estates, as void, and done by private persons, without due election; grants Process against the Jesuits, as chief pillars of the League, disgracing the new King's Majesty, and the memory of the deceased King in their Sermons; and persuading the execrable attempt of Peter Barriere to stab him: the Cardinal of Bourbon, the Duke of Nevers with others, protect and 〈◊〉 for them; who soon after suborn john Chastle, one of their Novices, (of the age of eighteen years) to stab the king; who creeping into the king's chamber at the Kowre in Paris, among the press, December 27. 1594. and thinking to stab the king in the belly, as he resolved, struck him on the upper Lip, and broke a Tooth, as he stooped to takeup some Gentleman who saluted him; for which fact he was condemned by the Parliament as guilty of High Treason, his body adjudged to be torn in pieces by four horses, then burnt to ashes and cast into the wind, and all his Goods confiscate to the king: All the Jesuits, with their scholars, were hereupon banished the Realm, as corrupters of youth, troublers of the public quiet, enemies of the King's State, and none of them to remain above fifteen days, nor any to harbour them within the Realm under pain of High Treason. I have heard from a Gentleman of credit, which served this king, that when he was thus stabbed in the mouth by Chastle, one of the * Mounsieur Daubern. Religion gave him this Christian admonition, Sir, you have denied God already with your mouth, in renouncing the protestant faith, which you once professed; now God in his justice hath permitted this jesuit, of that Religion you revolted to, thus to stab you in the mouth: O take heed you deny him not in your heart, lest the next stroke they give you be to the heart. Which fell out accordingly, for n The general Hist. of France, p. 976, 977, 982. after four or five more several attempts of the Jesuits and Papists to murder him, which were discovered and prevented, he was stabbed to death with a Knife by one Francis Ravillac, (a Papist at the Jesuits instigation) as he was riding in his Caroche near to Innocents' church in Paris, for suffering two religions in the Kingdom, as the Traitor professed. This Villain stabbed him first in the left Pap, and next between the fifth and sixth Rib, cutting asunder the vein leading to the heart, and entering into the Cava vena; and being dead the Jesuits of his royal College at la Fletche (whom he o Gen. Hist. of France, p. 914 915, 1070, 1071 1072, 1094, 1095, 1110, 113●, 1172, 1173, 1174, 1175, 1181, 1182, 1183, 1196, to 1220. restored and favoured exceedingly, notwithstanding their former Treasons, and banishments of them out of France, causing the Pyramid erected by sentence of Parliament as a monument of their Treasons to be razed, and yet were found to have a chief hand in this his death) begged and procured his heart to be there interred: O the admirable passages of Divine justice, that those two Henry's, who most advanced the Popish Religion, and abandoned the Protestant faith to humour the Jesuits and Papists, thereby to secure their Crowns and lives, as they believed, should thus fatally perish by those of that Religion, and their unlawful revolts thus used to preserve their lives; whereas our noble. Queen Elizabeth continuing constant in her Religion, notwithstanding all allurements menaces and attempts upon her person, to withdraw her from the truth, was miraculously preserved from all the bloody assaults of this infernal generation of Romish Vipers, and went to her grave in peace. But to return to this king's actions, p Gen. Hist. of France, p. 887. 888. Anno 1596. king Henry calls a general assembly at Rouen in form of a Parliament, where he speaking to the assembly, told them, That at his coming to the Crown he had found France not only ruined, but almost all lost for the French, but by the grace of Almighty God, the prayers and good counsel of his subjects, the sword of his Princes, and brave generous Nobility, and his own pains and labour, he had saved it from loss; let us save it now from ruin, participate with me, my dear subjects in this second glory, as you have done in the first; I have not called you as my Predecessors did, to make you approve my will, I have caused you to assemble, TO HAVE YOUR COUNSELS, TO BELIEVE THEM, AND TO FOLLOW THEM; finally, TO PUT MYSELF INTO YOUR HANDS: A desire which seldom commands Kings that have white hairs and are Conquerors; But the love I bear unto my subjects, and the desire I have to add these two goodly Titles to that of king, makes me to find all easy and honourable. After this the King and Parliament set forth divers q Gen. Hist. of France, p. 1009, 1022, 1023, 1124, 1154, 1156, 1157. Edicts, against the transportation of Gold and Silver, the wearing of Gold & Silver, excessiveusurie, Advocates extortions, Duels, Bankrupts, and the like. This r Gen. Hist. of Fr. p. 1173, 1174, 1200. Martial King being murdered by Ravillac, as aforesaid, the Crown descended to Lewes his Son, not then ten years old: The Court of Parliament at Paris having notice of his death, made this Decree in Parliament, May 14. Anno 1610. Whereas the King's Attorney General hath informed the Court of Parliament, and all the Chambers thereof assembled, that the King being now murdered by a most cruel, inhuman and detestable Parricide, committed upon his most sacred Person, it were very necessary to provide for the affairs of the present King, and for his Estate, and hath required that there be present order given concerning the service and good of his Estate, which cannot be well governed by the Queen, during the minority of the King her son; and that it would please the said Court to declare her Regent, that the affairs of the Kingdom may be governed by her: Whereupon having consulted, THE COURT HATH DECLARED AND DOTH DECLARE THE QVEEN (mother to the King) REGENT OF FRANCE, for the governing of the State, during the minority of her son, with all power and authority. The next day the King himself sitting in the Seat of justice in Parliament, by the advice of the Princes of his blood, Prelates, Dukes, Peers and Officers of the Crown, according to the Decree made by the Court of Parliament, declared and did declare the Queen his Mother Regent in France, and to have the care of bringing up his Person, and the Government of the affairs of his Kingdom during his minority; commanding the Edict to be enroled and published in all the Bayliweeks, Senescaushes, and other jurisdictions depending upon the said Court of Parliament, and in all other Parliaments of the Realm; so that the Queen Mother was settled in the Regency by the Parliament and whole State of France. After which s Gen. Hist. France, p. 1207. Pasquier, Counsellor and Master of Requests, writ her a large Letter touching the Government of the State, wherein he informed her, That she must not forbear to assemble the Estates, for the reason that some would suggest unto her, that they will be some blemish to her greatness; it is quite contrary: The Estates having confirmed it by public authority, will settle it fully. Commonly the Estates assemble to provide for the present and future complaints of the general of this Monarchy, and to reduce things to their ancient course; the people being the foundation whereon this Realm is built, and the which being ruined, it is impossible it should subsist: take away these new Edicts, Impositions and Subsidies: it is better to gratify a people, than to entreat them roughly. Above all things beware that you follow not your own opinion alone, in managing the affairs of the Realm. Hereupon four and fifty Edicts and Commissions were revoked, wherewith the Subjects had been oppressed. t The continuation of the life of Lewes the thirteenth, p. 2. 〈◊〉 7. When the King was to be Crowned, the Prelates made this request to him at the Altar before his Coronation; We pray and require that you would grant unto every one of us, and the Churches whereof we have the charge, the Canonical privileges, good laws, and justice; and that you will defend us, as a king ought all his Bishops and their Churches. Whereunto the king answered; I promise to preserve you in your Canonical privileges, as also your Churches; and that I WILL GIVE YOU (in the future) GOOD LAWS, and do you justice, and will defend you, by the help of God, according to my power; as a king in his Realm AUGHT TO DO IN RIGHT AND REASON, to his Bishops and their Churches. After which having been acknowledged their lawful Prince, BY A GENERAL CONSENT OF ALL THE ORDERS, the Cardinal of joyeuse presented unto him the Oath of the Kingdom, (the sacred Bond of the fundamental Laws of the State) the which he took publicly in these words, with invocation of the Name of God, having his hand upon the Gospel, which he kissed with great reverence. I promise in the Name of jesus Christ, these things to the Christians subject unto me; First, I will endeavour that the Christian people shall live peaceably within the Church of God: Moreover, I will provide, that in all vocations, theft, and all iniquity shall cease: Besides, I will command, that in all judgements equity and mercy shall take place; to the end that God, who is gentle and merciful, may have mercy both on you and me. Furthermore, I will seek by all means in good saith to chase out of my jurisdiction and the Lands of my subjection, all Heretics denounced by the Church; promising by Oath to observe all that hath been said: So help me God, and this holy Evangell. After this u Ibid. p. 95 26. 29. 30. 31. 46. 49. 50. 74. 75 Bellarmine's Book of the Pope's power in temporal causes, Becanus, and Scoppius Books, Mariana's Book de Rege & Regis instatutione, Suarez his Book, with others, which taught, That the Pope was above Kings in temporal things, and that it was lawful for private subjects by the Pope's authority to murder kings that were Heretics, and that the murders of Henry the third and fourth, by Chastle and Ravillac were lawful and commendable; were prohibited and condemned to be burnt by Edicts of Parliament. x Ibid p. 17. 18 24. Anno 1611. the Reformed Churches of France, at their general Assembly at Samure by the King's permission, made a general Union, which they did swear to keep inviolably for the good, quiet, and advancement of the said Churches, the service of the King, and Queen Regent, and preservation of the Estate; and appointed six Deputies therein, for the dispatch of all their affairs, y Ibid p. 59 to 120. Anno 1614 the Prince of Conde with divers other Princes, Dukes, Peer, Noblemen, and Officers of the Crown retinued from the Court in discontent, and meeting at Meziers, writ several Letters to the Queen, Parliament, and others, complaining therein of divers grievances and disorders in the government, which they desired might be redressed, by summoning a general Assembly of the three Estates to be free and safe, to be held within three months at the furthest, protesting, that they desired nothing but peace and the good of the Realm, that they would not attempt any thing to the contrary, unless by the rash resolution of their enemies, (who covered themselves with the Cloak of State under the Queen Regent's authority) they should be provoked to repel the injuries done unto the King and State BY A NATURAL, JUST AND NECESSARY DEFENCE. After which with much ado Articles of Peace were concluded on at Saint Manehold, between the King, Queen Regent, and these Nobles; wherein it was among other things accorded, That the general Estates of the Realm should be assembled at Sens by the four and 20. day of August, in which the Deputies of the three Estates, may with all liberty propound what soever they shall think in their consciences to be for the good of the Realm and case of the subject; that thereby the King with the advice of the Princes & Estates might make some good Laws and Ordinances to contain every man in his duty, to fortify the Laws and Edicts made for the preservation of the public tranquillity, and to reform the disorders which may give just occasion of complaint and discontent to his good subjects: That the King's Marriage with Spain, formerly concluded on, should be respited and not proceeded in during his minority: that all Garrisons put into any places of the Realm by reason of the present motions, should be discharged that Letters Patents be directed to all Courts of Parliament to be verified, by which his Majesty shall declare, that the said Princes, Nobles, and others of what quality and condition soever, which have followed and assisted them in these alterations, had no bad intentions against his service, with all clauses necessary for their safeties and discharges, that they may not be called in question hereafter, and that they shall be restored to their Offices, Estates and Dignities, to enjoy them as they had formerly done. And in like manner his Majesty shall write to all Princes, Estates, and Commonwealths allied to the Crown, and men of quality shall be sent expressly to them, to let them understand what he had found concerning the innocency and good intention of the said Princes, Officers, and Nobles. After which the three Estates were published, Deputies elected; and the King (by his Council and Parliament of Paris) was declared of full age, according to a fundamental Law made by Charles the fifth, ratified by the Court of Parliament: That the Kings of France, having attained the full age of thirteen years, and entering into the fourteenth, they should take upon them the Sovereign Government of the Estate: Whereupon the Queen Mother in the Parliament resigns the Regency and reigns of the Empire into his hands. After which the three Estates assembling abolished the sale of all offices of judicature, and others which tend to the oppression and ruin of the People, suppress Duels; the Commons and Deputies of the three Estates present a Petition of all their grievances to the King, consisting of several natures, and pray redress: And for the securing of the King's Crown and person against the Pope's usurpations and attempts, they desired, that it should be declared by the said Estates, and set down as a fundamental Law, That the King did not hold his Realm of any but God and his sword, and that he is not subject to any superior power upon earth for his temporal estates, and that no Book should be printed containing any Doctrine against the person of Kings touching the question too much debated by presumptuous men, whether it be lawful to kill Kings? The Clergy of France except against this Article, as a point of doctrine and conscience (not of State policy, as the Commons pretended, fit only for the Clergies determination, not the Commons or three Estates,) as a means to engender a schism and offend the Pope, and after much debate prevail and suppress it: In fine, after many debates the three Estates broke up without any great redress of their grievances, or full answer to their Petitions, which was defaced: hereupon the Parliament at Paris the seven and twentieth day of March, 1615. decreed, under the King's good pleasure, That the Princes, Dukes, Peers, and Officers of the Crown, having place and deliberate voice therein, being then in the City, should be invited to come into the Court, there (with the Chancellor and all the Chambers assembled) to advise upon the propositions which should be made for the king's service, the ease of his subjects, and good of his estate, and to draw up a Remonstrance to this affect. Some Court Parasites presently acquaint the King and Queen Mother with this Decree; as if it were an apparent enterprise against the King's Authority, and did touch the Queen's Regency which they would control; and objections are made against it in Council, whereupon the Parliament are sent for to the Court several times, and ordered to revoke this Decree; they excuse and justify it, then draw up a Remonstrance to the king, consisting of many Heads; wherein among others they affirm, That the Parliament of Paris was borne with the State of France, and holds place in Council with Princes and Barons, which in all ages was near to the King's person. That it had always dealt in public affairs: that some Kings which had not liked of the Remonstrances of the Parliament at Paris, did afterwards witness their grief. That Popes, Emperors, Kings, and Princes had voluntarily submitted their controversies to the judgement of the Parliament of Paris, etc. To which I shall add some passages out of Andrew Favine, z Lib. 2. c. 12. p. 179. to 187. in his Theatre of Honour, touching the dignity, power, and honour of the Parliaments of France: In the Register of the Acts of Parliament, beginning, 1368. there is one dated the twenty seventh of june 1369. for matter of murder and assassinate committed on the person of Master Emery Doll, Councillor of the said Parliament; whereby it was approved, That it was a crime of High Treason, to kill a Councillor of Parliament. And in Anno 1475. on the eleventh day of November, Mounseir the Chancellor came to advertise the Court for going to hear the confession of the Constable of Saint Paul, to whom for his rebellions and disobediences king Lewes the eleventh directed his Process. And the said Parliament, declared, That there was not a Lord in the Kingdom so great, except the King and Mounsiour le Dauphin, but aught to come and appear at the said Parliament in person, when it was ordained for him. And this is witnessed by a Lion abasing his tail between his Legs, exalted over the gate and entrance of the great Chamber, by the Parquet des Huisiers thereof. So that by this illustrious and Sovereign Parliament are ordered and determined the principal affairs of the kingdom. And in Anno 1482. the second day of April, king Lewes the eleventh, sent unto the Parliament the Oath which he took at his sacring, exhorting the said Parliament to perform good justice, according as the King had promised to do by his said Oath, which he purposed to keep; and the Oath is there Registered down. The Parliaments of France are Oaks with exalted Heads, under whose Branches the people are covered from the very strongest violences, which constraineth them to yield obedience to their Prince: But when Princes (by bad council) misprise the authority of them whereof they ought to be zealous defenders, as being exalted to the Royal dignity, to rule and govern their Subjects by justice, they cut off the right hand from the left: If they refuse the holy Remonstrances of their Parliaments under colour that they are not to meddle with affairs of State, Note. but only with the Act of justice, and lend a deaf ear when they are advertised of evil Government, it is an assured Pronostick, forewarning of the entire decadence of the Kingdom. Strange and foreign Princes have sought and submitted themselves to the judgement of their Parliament, even in their affairs of greatest importance. The Chronicle of Laureshime, under the year 803. (followed by the Monk Aimonius in the fourth Book of his History of France) reporteth, that king Lewes the Debonnaire, holding his Parliament in May, there came thither from strange Provinces, two Brethren, kings ofwilses, who with frank and free good will submitted themselves to the judgement of the said Parliament, to which of them the Kingdom should belong: Now albeit the custom of the said kingdom adjudged the Crown to the eldest, according to the right of Prerogative allowed and practised by the Law of Nature, and of late memory in the person of the last dead king Liubus father commune to these two contendants; yet notwithstanding in regard of the subjects universal consent of the Kingdom, who (for the cowardice and want of government in the Elder) had given the Crown to the Younger, for valiancy and discreet carriage; by sentence the Kingdom was adjudged to him: and the Eldest did him homage, with Oath of allegiance, in the said Parliament. Under the third Ligne, in the reign of Philip Augustus, Pope Innocent the third, and the Emperor Otho the fourth, being in variance for the form and terms of the Oath of fidelity with the said Emperor should make to the Pope; they referred it to the judgement of king Philip in his Parliament, furnished with Peers. Otho made some exception concerning the form and terms of the Oath; And not being able to agree of themselves, both parties submitted to the judgement of king Philip Augustus and of his Court of Parliament, furnished with Peers: So that by order given at Melum in july, 1204. the form of the said Oath was prescribed, and registered in the Parliament Register, at request of the said parties, and sent unto Otho to render it to the said Pope Innocent, who sent this assurance and Certificate to the said Parliament for Registering it, being performed. Innocentius Episcopus, servus servorum Dei, charissimo filio nostro Philippo Francorum Regi charissimo, salutem, & Apostolicam benedictionem; absque dubitatione noveritis, quod secundum formam a vobis & Curiae Regni vestri paribus praescriptam, habetur apud nos jusjurandum charissimi Filii nostri Othonis Romanorum Regis illustris aurea Bulla munitum, nobis & Ecclesiae praestitum. Ego Otho Romanorum Rex & semper Augustus, tibi Domino meo Innocentio Papae, & Ecclesiae Romanae spondeo, polliceor, & juro, quod omnes possessiones, honores, & jura Romanae Ecclesiae, proposse meo, bona fide protegam, & ipsam ad eas retinendas bona fide juvabo. Quas autem nondum recuperavit adjutor ero ad recuperandum, & recuperatarum, secundum posse meum, ero fine fraude defensor; & quaecunque and manus meas devenient, sine difficultate restituere procurabo. Ad hanc autem pertinent tota terra quae est de Radicafano, usque ad Ceperanum, Exarcatus Ravennae, Pentapolis, Marchiae, Ducatus Spoletanus, terra Conitissae Mathildis, Comitatus Bricenorij cum aliis adjacentibus terris expressis in multis privilegijs Imperatorum, à tempore LUDOVICI PII FRANCORUM ET ROMANORUM IMPERATORIS CHRISTIANISSIMI. Has omnes pro posse meo restituam, & quietè dimittam, cum omne jurisdictione, districtu, & honore suo. Veruntamen cum adrecipiendam Coronam Imperij, vel pro necessitatibus Ecclesiae Romanae ab Apostolica sede vocatus accessero, demandato summi Pontificis ab illis terris praestationes accipiam. Praetere● adjutor ero ad retinendum & defendendum Ecclesiae Romanae REGMUM SICILIAE. Tibi etiam Domino meo Innocentio Papae & Successoribus tuis omnem obedientiam & honorificentiam exhibeo, quam devoti & Catholi●● Imperatores consueverunt Sedi Apostolicae exhibere. Stabo etiam ad consilium & arbitrium tuum de bonis consuetudinibus populo Romano servandis & exhibendis, & de negotio Tusciae & Lombardiae. Et si propter negotium meum Romanam Ecclesiam oportuerit in●urrere guerram, subeniam ei sicut necessitas postulaverit in expensis. Omnia vero praedicta tam juramento, quam scripto firmaho, cum Imper●● Coronam adeptus fuero. Actum Aquis-Grant Anno Incarnationis Dominicae Millessimo Ducentessimo Quinto, mense Marcij, Regni nostri septimo. William Rishanger Monk in the Abbey of Saint Alban in England, continuer or the History of Matthew Parts, observeth under the year 1263. that the king of England, Henry the third, and the Barons of England, who made warreupon him, committed their whole difference and quarrel to be judged by the Parliament of France; Vt pax reformaretur inter Regem Angliae & Barones' ventum est adistud, ut Rex & proceres se submitterent ordinationi Parliamenti Regis Franc●ae (in the time of Saint Lewis) in praemissis provisionibus Oxoniae. Nec non pro depraedationibus & damnis utrobique illatis. Igitur in crastino S. Vincentij, congregato Ambianis populo pene innumerabili, Rex Franciae Ludovicus coram Episcopis & Comitibus, alijsque Francorum proceribus solemniter dixit sententiam pro Rege Angliae, contra Barones statutis Oxoniae provisionibus, ordinationibus, ac obligationibus penitus annullatis. Hoc excepto, quod antiquae Chartae Joannis Regis Angliae universitati concessae per illam sententiam in nullo intendebat penitus derogare. In this Parliament at Amiens were present the King of England, Henry the third, Queen Elinor his wife, Boniface Archbishop of Canterbury, Peter Bishop of Hereford, and john Maunsell; and on the Barons of England's side a very great number of choice elected Lords; who the same year repasted back into England after the Parliament, as the same Monk speaketh. Thus Favino in the behalf of the French Parliaments, concerning whose power and privileges you may read much more in him and others. But to return to the former History. a Continuation of the Gen. Hist. of France, p 13 to 150. The Queen Mother was much discontented with this Remonstrance of the Parliament, pretending that they had an intent to call her Regency in question, which all had commended; that they could not speak of the Government of the affairs of the Realm, without touching her, etc. Whereupon she commanded the Chancellor to give them this answer in the king's name: That France was a Monarchy wherein the king alone commanded, hilding his Realm Sovereignly from God; That he had Laws and Ordinances by which to govern them, for the which he was not to give an account to any man; That it did not belong unto the Parliament to control his Government; That they neither could nor ought to complain of the Queens Regen●● which had been so happy; That the Queen was not to give an account of her Regency, but to God only; That no man could prescribe unto the King what Councillors he should entertain, etc. with many other such big words. After which there was a Decree made in the Council of State against the Decree and Remonstrance in Parliament, disannulling and revoking them as void, and forbidding the Parliament hereafter to meddle with affairs of State. The Court of Parliament in general complained much of this Decree; the kings learned Council refuse to carry, or cause it to be read in Parliament, because it would cause an alteration of the good affections and devotions of the King's good subjects, and the dis-union of the greatest companies of the Realm, who administer justice, which makes kings to Reign: After which this controversy was compremised, and the Decree of the Council against the Parliament suspended, and not enroled. Soon after the prince of Conde, with divers others, seeing all things disordered at Court, and little or no reformation of their former grievances, desert Paris, expressesse their grievances in sundry letters and Articles of complaint, wherein they complain of the want of freedom and redress of their grievances presented in the last assembly of the three Estates; of the Decree and proceedings against the jurisdiction, Remonstrance and proceedings of the Parliament of Paris; Of suffering some Councillors of State to usurp all the power of the Kingdom, to pervert the Laws, and change all things as they list; with sundry other particulars: In these they entreat and exhort all men of what condition or quality soever, that call themselves Frenchmen, to assist and aid them in SO JUST A CAUSE; conjuring all Princes and foreign Estates to do the like, and not to suffer such good and loyal subjects to be suppressed by such a conspiracy. Upon this the king and Q. Mother, through advice of these ill Counsellors, raise an Army, declare these Princes and Nobles, Rebels and Traitors, if they submit not by a day: whereupon they Arm, raise Forces in their own & the publikes defence, and being at Noyon, concluded, That as their Arms were levied for the maintenance of the Crown, so they should be maintained by it; to the which end they seized on the king's Rents and Revenues in sundry places. Mean while the Protestants being assembled in a general Synod at Grenoble, Marsh. Desdiguires makes an Oration to them, to dissuade them from opposing the marriage with Spain; wherein he hath this memorable passage to justify the lawfulness of a necessary defensive war for the preservation of Religion and Liberties: We have leisure to see the storm come, and to prepare for our own preservation: Finally, having continued constant in our Duties, if they seek to deprive us of our Religion, and to take that from us wherein our liberty and safety depends, purchased by the blood of our Fathers and our own, and granted unto us by that great King Henry the fourth, the restorer of France; we shall enter into this commerce full of justice and true zeal, find again in our breasts the courage and virtue of our Ancestors: We shall be supported IN OUR JUST DEFENCE by all good Frenchmen, assisted by all Princes and Estates which love the true Religion, or the good of this State; and in a word, we shall be favoured of the blessings of God, whereof we have hitherto had good experience in our Arms, and which will be to the glory of his Name, and the spiritual advancement of our Churches. After which the Duke of Rhoan and Protestants, in defence of their Religion and Liberties, join with the Princes and Nobles: At last both sides came to Articles of agreement made at Luudun, Anno 1616. whereof these were a parcel, That the grievances of the general State should be speedily answered; That Sovereign Courts should be preserved in their authority, and the Remonstrances of the Parliament and Peers considered of; That such as had been put from their Offices, should be restored; That all moneys they had taken out of the king's Revenues, should be discharged; All Edicts of pacification granted to them of the Reformed Religion, observed; The prince of Conde and all those of either Religion, who had assisted him in this war, held for the King's good and loyal subjects; all illegal Imposts removed; and all prisoners taken on either side, set at liberty. Anno 1617. the King and Queen Mother seizing upon the Prince of Conde his person, and sending him to the Bastile, upon false pretences of disloyalty and treason, caused new insurrections, wars, and tumults; and the Princes hereupon meeting at Soyssons, resolved to make open war, to seize on the King's Revenues, and to fortify those Towns and Castles which they held in their Government; which they executed; and withal set forth a Remonstrance of their grievances unto the king, complaining especially against the Marshal of Ancre and his Wife, with their adheronts, who were the causes of all their miseries; who having drawn unto himself the whole administration of the Realm, made himself master of the King's Counsels, Armies, and Forts; thereby suppressed the lawful liberty and Remonstrances of the Parliament, caused the chief Officers to be imprisoned, and was the cause of the violence done to the Prince of ●onde, first Prince of the Blood: To the end therefore that they might not be reproached to have been so little affected to his Majesty, so ungrateful to their Country, and so unfaithful to themselves and their posterity, as to hold their peace, seeing the prodigious favour and power of this stranger; they beseech his Majesty to provide by convenient means for the disorders of the Estate, and to cause the Treaty of Loudun to be observed, and to call unto his Counsels the Princes of the Blood, with other Princes, Dukes, Peers, ancient Officers of the Crown and Councillors of State, whom the deceased King had employed during his reign. Withal they publish a solemn Declaration and Protestation, for the restoring of the King's authority, and preservation of the Realm. against the conspiracy and tyranny of the Marshal of Ancre, and his adherents: Who finding no safety in the settling of justice, resolved to make trial of his power, by violating the public faith, thereby to plunge the Realm into new combustions, conspiring to destroy the princes of the blood, of Peers, and chief Officers of the Crown, and to oppress them altogether, with the State, who might be an obstacle to his ambitious designs. To which end he raised false accusations against them, as if they meant to attempt the Kings and Queen Mother's persons; and caused the King to go in person to his Court of Parliament to publish a Declaration, whereby they were declared guilty of Treason; though at last being better informed, he declared them to be his good Subjects, and caused De Ancre to be suddenly slain in the Lowre, and his Wife to be legally condemned and executed: Upon which the new Councillors and Officers advanced by him, were removed, the old restored, the Princes reconciled to the King, and by him declared for his good and loyal subjects: Upon which followed a general assembly of the Estates, wherein divers grievances were propounded, and some redressed; the King therein craving their advice for the settling and ordering of his Privy Council. b Ibid. p. 220. 3● 306. Anno 1620. there happen differences between the King and Queen Mother, who fortified Towns, and raised an Army against the king; at last they came to an agreement, and were reconciled. The two following years were spent in bloody civil wars between the King and those of the Religion, who avowed their defensive wars lawful; which at last concluded in peace: that lasted not long, but broke out into new flames of war, by reason of the great Cardinal Richelieu, who of late years c See the Synopsis of his life. proved the greatest Tyrant and Oppressor that France ever bred, reducing both Nobles, Gentlemen, and Peasants into absolute slavery and vassalage, to make the King an absolute Monarch of France, and himself both Pope and Monarch of the world: But he lately dying by the of Divine justice of filthy Vicers and Diseases, and the King since being (some say) poisoned by the Jesuits, who murdered his two immediate Predecessors: wise men conjecture the French will now at last revive and regain their ancient, just, hereditary freedom, rights Liberties, and cast of that insupportable yoke of bondage under which they have been oppressed for sundry years, and almost brought to utter desolation. I have the longer insisted on these Histories of the Kings and Kingdom of Frances (which clearly demonstrate the Realm, Parliament and three Estates of France to be the Sovereign Power in that Kingdom in some sort, paramount their kings themselves, who are no absolute Monarches, nor exempted from the Laws, jurisdiction, restraints, censures of their Kingdom and Estates assembled, as some falsely aver they are) because our Royalists and Court Doctor's parallel England with France, making both of them absolute Monarchies; and our greatest malignant Councillors chief Design hath been to reduce the Government of England to the late model and new arbitrary proceedings of France; which how pernicious they have proved to that unfortunate Realm, what infinite destructive civil wars and combustions they have produced, and to what unhappy tragical deaths they have brought divers of their Kings, Princes, Nobles, and thousands of their people, the premises & other Stories, will so far discover, as to cause all prudent Kings and Statesmen, to steer the Helm of our own and other Kingdoms by a more safe, steady, and fortunate compass. Thus I have done with France, and shall recompense any prolixity in it, with greater brevity in other Kingdoms, when I have overpassed Spain. From France I shall next steer my course to the Kingdoms and Kings of Spain, whom jacobus Valdesius Chancellor to the King of Spain in a large Book de Dignitate Regum Regnorumque Hispaniae printed at Granado, 1602. professedly under takes to prove, to be of greater dignity, and to have the Precedency of the Kings and Kingdoms of France, which * Catalogue Gloriae mundi, pars. 5. Consid. 29, 30. Andrew Favine Theatre of Honour, l 2. c. 12. See Caemillus Barellus de Regis Catholici Praestantia, &c General Hist. of France, p 90●. Cassanaeus and all French Advocates peremptorily deny. The first Kings of Spain, overrun by the Goths and Wisigoths, are those their Writers call the Gothish Kings, who as Michael Ritius de Regibus Hispaniae, L. 1, & 2. johannis Mariana de rebus Hispaniae, L. 2, 3. the General History of Spain, and oaths affirm, were elected by, and had their authority from the people: You may read their lives and successions at large in these Authors, and find d See joannis Mariana de Rege & Regis, justit. l. ●. c. 3. p. 33. Hieron. Blanca Rerum Arag Comment. See council. Toletanum. 8. Surius, Con. T. 2. p ●64. ●65. some of there disinherited and deposed by their subjects, others of them in ward during their minorities to such as the State appointed; others murdered, but all of them subject to the Laws of their Realms, as it is evident by the express ancient Law of the Wisigoths, having this Title; e joannis Pistorius Hispaniae illustratae Tom. 3. Leges Wisigothorum, L. 2. c. 2 p. 859. Quod tam Regia potestas quam populorum universitas Legum reverentiae sit subjecta; by other laws thereto annexed, by johannis Mariana De Rege & Regis institutione, L. 1. c. 9 f jacobus Valdesius de dignitate Regum, Regnorumque Hispaia▪ pars. 1. c. 11. p. 135. Michael Ritius de Regibus Hisp. l. 2. Gen. Hist. of Spain, ●●6. p. 168, 169. Those whom they properly call Kings of Spain, had their royal authority derived to them, conferred on them by the people; upon this occasion. Spain, being a Provincesubject to the Roman Empire, was spoilt, over-runne and possessed by the barbarous Moors for many years; in which time the Spaniards oft solicited the Roman Emperors for aid to expel the Moors, but could gain none. Whereupon to free themselves and their Country from slavery, they chose one Pelagius for their Captain, by whose valour they conquered the Moors, and thereupon by unanimous consent Elected and Crowned Pelagius King of Oviedo, whom the Spanish Writers mention as the first King of Spain: And this their desertion by the Emperors, the Spanish Writers generally hold (and (g) jacobus Valdesius proves it largely) to be a sufficient lawful ground for the Spaniards; even by the general law of Nations, to cast off their subjection to the Roman Empire, and to elect a King, erect a Kingdom of their own, exempt from all subjection to the Emperor, since they purchased their own liberty and Country from the Goths by conquest, of themselves alone without any aid or assistance from the Roman Emperors, to whom (for this reason) they hold themselves and their Kingdom no ways subject; yet for all this they deem their Kings inferior to their whole Kingdoms, and censurable, yea deposable by them, as is clear by the h 〈…〉 p. 879. 810. forecited passage of the Bishop of Burgen, (Ambassador to the King of Spain, in the Council of Basill, and by Johannis Mariana the Jesuits Book, de Rege & Regis Institution, dedicated to Philip the third, King of Spain, printed at Madrit in Spain, by this Kings own special privilege, Dated at Madrit, January 25. 1599 and after this reprinted at Mentz in Germany, Anno 1605. Cum privilegio sacrae Caesariae Majestatis, (to wit, of the Emperor Radulph the second) & permissu Superiorum; who certainly would not thus specially approve, authorise this Book for the Press, had it maintained any Positions contrary to the Laws, or derogatory to the Prerogative Royal of the Crowns and Kingdoms of Spain, though other States cannot so well digest it. In this very Book the Author (who hath likewise written a large History of the affairs and Kings of Spain) professedly maintains (in a special i Lib. 1. De Regum, Instit. cap. 8. p. 68, etc. Chapter, wherein he debates this Question, Whether the power of the Republic, or King be greater?) That the whole Kingdom, State and People in every lawful Kingdom, and in Spain itself, are of greater power and authority than the King: His reasons (which I have for brevity digested into number in his own words) are these: First, because all Royal Power that is lawful, hath its original from the People, by whose grant the first Kings in every Republic were placed in their Royal Authority; which they circumscribed with certain laws and sanctions, lest it should too much exalt itself to the destruction of the Subjects, and degenerate into a Tyranny. This appears in the Lacedæmonians long since, who committed only the care of War and procuration of holy things to the King, as Aristotle Writes. Also by a later example of the Arragonians in Spain, who being incited with an earnest endeavour of defending their liberty, and not ignorant how the heights of Liberty are much diminished from small beginnings, created a middle Magistrate, like the Tribunal power (commonly called at this time Aragoniae justitia, the Justice of Arragon) who armed with the laws, authority and endeavours of the people, hath hitherto held the Royal Power included within certain bounds; and it was specially given to the Nobles, that there might be no collusion, if at any time having communicated their counsel among themselves, they should keep assemblies without the King's privity, to defend their Laws and Liberties. In these Nations, and those who are like them, no man will doubt, but that the authority of the Republic is greater than the Kings. Secondly, because in other Provinces where the people have lesser and the Kings more power, and all grant the King to be the Rector and supreme Head of the Commonwealth, and to have supreme authority in managing things in times of war or peace; yet there the whole Commonwealth and those who represent it, being chosen out of all Estates, and meeting together in one place, (or Parliament) are of greater power to command and deny, than the King, which is proved by experience in Spain, where the King can impose no Taxes, nor enact no Laws if the people dissent or approve them not: Yea, let the King use art, propound rewards to the Citizens, sometimes speak by threats to draw others to consent to him, solicit with words, hopes, and promises, (which whether it may be well done we dispute not:) yet if they shall resist, their judgement shall be preferred and ratified before the Kings will. Thirdly, because when the King dies without Issue or Heir, the Kingdom and people, not the Prince deceased, aught to choose the succeeding King out of another Family. Fourthly, because if the King vex the Republic with his evil manners, and degenerate into an open tyranny, the same Commonwealth may restrain him, yea, deprive him of the Principality, and of his life to, if need be; which it could not do unless it were of greater Power than the King. Fiftly, because it is not likely that the whole Kingdom and Common-weal would ever strip themselves of all Power and Authority, and transfer it to another, without exception, without counsel and reason, when they had no necessity to do it, that so the Prince subject to corruption and wickedness, might have greater Power than they all, and the Issue be more excellent than the Father, the River than the Spring (the Creature than the Creator of it:) And although perchance it be in the pleasure of the Commonweal to take away the plenary Power from itself and give it to the Prince, yet the Commonwealth should do unwisely to give it, and the Prince rashly to receive it; by which the subjects, of Free men should become Slaves, and the Principality given for their safety, should degenerate into a Tyranny, which then only is Regal, if it contain itself within the bounds of modesty and med●critie; which Power whiles some unwisely labour daily to augment, they diminish and utterly corrupt it, that Power being only safe which puts a measure to its strength; for a Prince ought to rule over those who are willing, to gain the love of his subjects, and seek their welfare; which Power if it grows grievous, takes the King off his people's love, and turns his power into weakness: Which he proves by the forecited Saying of Theopompus: For Princes who impose a Bridle on this greatness, more easily govern themselves, it, and their subjects; whereas those who forget humanity and modesty, the higher they climb, the grea●er is their fall: This danger our Ancestors, wise men, considering how they might keep their Kings within the limits of mediocrity and modesty; so as not to lift up themselves with overmuch power, to the Public prejudice, have enacted many things wisely and excellently; among others, this, That nothing of great moment should be decreed without the consent of the Peers and people; and to that end they had a custom to assemble Parliaments chosen out of all orders of men, as Prelates, Lords, and Burgesses of Cities; Note. which custom at this time is still retained in Arragon and other Provinces; and I wish our Princes would restore it: For why is it discontinued for the most part in our Nation, but that the common consent being taken away, and Parliaments excluded, wherein the public safety is contained, both public and private affairs may be turned into the Prince's pleasure, and the lusts of a few corrupt, vicious, and voluptuous Courtiers and Parasites may domineer and order all things. Sixtly, because many great and learned men held, that the Pope of Rome, who is of greater Power than any King, is yet subject to the whole Church and a General Council; therefore the King must much more be inferior to his Kingdom. Seventhly, because the whole Commonwealth hath greater strength and forces than the Prince, be he never so great in Power; and therefore if they disagree their Power will be greater: Yea, Aristotle wisely would have the Commonweal, not only to be of greater authority, but likewise to have stronger Forces than the King; which he proves by Aristotle's forceited words, by the practice of the Ancients, and those of Syracuse, who did moderate their Tyrants and Kings Guard so, that they might be able to overpower and master them upon any occasion. How great the authority of our Republic and Nobility was in the times of our Ancestors, I will give you but one example, and so conclude: Alfonso the eight King of Casteil besieged Concha, a City seated in Rocky places, and the most firm Bulwark of the Moors territories on that part: wanting money to pay his soldiers, and thereupon provisions failing, the King hastens to Burgon; and in a national assembly, he demands, that because the people were wearied with Taxes for supporting the War, the gentlemen would give five Muruedines a Poll to his treasury; that this opportunity of blotting out the name of the Moors was not to be omitted. Dieglius then Governor of Cantabria, assented to this Counsel, Peter Earl of Cara withstood this motion, and gatherieg a band of Nobles, departed from the assembly, readily to defend with Arms the Liberty gotten by their Ancestors with Arms and valour; affirming, that he would neither suffer a beginning to be made of oppressing and vexing the Nobility with new Subsidies, from this entrance or occasion; That to suppress the Moors was not of so great moment, that they should suffer the Commonwealth to be involved in a greater servitude. The King moved with the danger, desisted from that purpose. The Nobles taking advice, decreed to entertain Peter with a banquet every year, as a reward to him and his Posterity of this good service, a monument so posterity of a thing well done, and a document that they should not suffer the right of liberty to be diminished upon any occasion. Let it be a fixed resolution therefore to provide for the safety of the Commonwealth, for the Authority of the Prince yet so as to retain their royal principality in order with certain bounds and limits, and that those vain talking parasites and decevers may not ruin both, who exalt the Prince's Power without measure, of which we may see a great number in Princes Courts, excelling in wealth, favour and power, which plague shall always be accused and complained of, but shall ever be and continue. Thus Mariana, who in his next Chapter (worthy reading) proves at large by invincible arguments, k De Rege & Regum Instit. 〈◊〉. c. 9 That all Kings and Princes (among others the Kings of Spain) are, and aught to be bound by Laws, and are not exempted from them; that this doctrine ought to be inculcated into thy minds of Princes from their infancy, and to be believed, yea oft considered of them; that they are more strictly obliged to observe their Laws than subjects, because they are sworn to do it; they are the Conservators of the Laws, the Avengers of those that infringe them, and their examples are the best means to draw subjects to obey them. Where he again affirms, That the whole Kingdom is above the King, and may not only bind him by Laws, but question him for the breach of them. Before both these, in his first Book De Rege & Regum institutione, Chap. 3, 4, 5, 6, 7. he affirms the like; adding moreover, That in many other Realms more, where the Crown is hereditary, the whole Commonwealth, not the King hath and aught to have the chief power to design by a Law (which the King himself may not alter, but by their consents) who shall be the next Heir, to avoid questions and commotions about the Title to the Crown: That where the Right of the Crown is in controversy the whole Kingdom and State ought to decide the right, and settle it where they see best cause: That if the right Heir in Hereditary Kingdoms, yea in Spain, be an Idiot, Infant, Woman, or a person unmeet or not so fit to Governs as others of the blood, he may be lawfully put from the Crown, and another of their Race lawfully substituted King in his place by the whole State, especially when the good or safety of the Commonwealth requires it; because the safety of the people is the supremost Law, and what they by common consent have Enacted only for the public safety, they may without any obstacle alter, when things require it, by like common consent; especially, because the hereditary Rights of reigning are for the most part made, rather by the dissimulation of the People, not daring to resist the will of former Princes, then by their certain will, and the free consent of all the Estates: That he which is thus settled by consent of all the Estates hath a just Title against the next Heir of the Blood and his Issue, who are put by the Crown; else divers Kings and Princes now reigning in Spain & elsewhere, should be usurpers and want good Titles to their crowns, they or their Ancestors being not the next right heirs of the Royal Stock (for all which particulars he gives sundry instances in the Kingdoms of Spain) as in Berengaria, Blanch, the Mother of Lewes of France, Ferdinand, Sancho the younger son of Alfonso, Henry the Bastard, john King of Portugal, Fardinand, and john the 2. of Arragon, etc. concluding. That if the King degenerate into a Tyrant, by subverting Religion, Laws, Liberties, oppressing, murdering, or deflowering his subjects; the whole Kingdom may not only question, admonish, and reprehend him, but in case he prove incorrigible after admonition, deprive him, and substitute another in his place; which (saith he) hath been done more than once in Spain: Thus King Peter was publicly rejected for his cruelty to his subjects, and Henry his Brother (though of an unclean Mother) obtained the Crown: so Henry his Nephew's Nephew for his slothfulness and evil manners was deposed by the Nobles suffrages, and Alphanso his Brother, though but a young child proclaimed King. After his death Elizabeth, (Henry his sister) had the chief government of the Realm leaving Henry. And for a conclusion he adds, That such a Tyrannical King continuing incorrigible after public admonitions of the whole State, if there be no hopes of amendment, may not only be deposed, but put to death and murdered by the whole State, or any particular persons by their appointment; yea without it, (a note somewhat above Ela) if he be declared a public enemy by the whole state; and in case the whole states cannot publicly assemble by reason of such a Princes known notorious tyranny, he writes, That then in such a case it is lawful for any private man to murder him, to free the Country and Kingdom from destruction. Adding, that it is a wholesome meditation for Princes to be persuaded, that if they oppress the Commonwealth, if they become intoller able thorough vices and filthiness, l The general Hist. of France, p. 833, 834, 1178 1179. that they live in such a condition, that they may not only be slain of right, but with laud and glory. Peradventure this fear ●●●retard some Princes that they give not themselves wholly to be corrupted with vices flatterers, and cast bridles upon their fury. That which is the chief, let the Prince be persuaded, that the authority of the whole Commonwealth is greater than his, being but one, neither let him believe the worst of men, affirming the contrary for to gratify him, which is very pernicious. All these positions of Mariana (however other Kings and Kingdoms may relish them, especially the last touching private Subjects, which few can approve, the Parliaments of France doing public execution on this Book, as they had just cause, for extolling and justifying the barbarous murder of their King Henry the 3. by James Clement a Dominican Friar, l. 1. c. 6. p. 51. to 57 and justifying the Guise's Rebellion) are yet authorized as Catholic and Orthodox by the most Catholic King of Spain, and the Emperor of Germany, in whose Kingdoms they pass for currant coin, the most dangerous of them being seconded, not only by Hieronymus Blanca in his Aragonensium Rerum Commentariis, johannis Pistorius Hispaniae Illustratae, etc. and other Spanish Historians collected by him, but likewise by m See Doctor john White his Defence of the way, c. 6. where their words are quoted for tyranny and misgovernment. The Gen. Hist. of France, p. 847 914, 915. 1179, 1180, 1181, 1182, 1183, 1190. Alvarius Pelagius, Cardinal Tolet, Capistranus, Dominicus Bannes, Franciscus Victoria, Simancha Patensis, Gregory de Valentia, Suarez, the Doctors of Salamancha, Becanus, Bellarmine, with other Spanish Jesuits & Writers, who most heretically affirm, That even the Pope alone either with or without a Council, for heresy (as they deem it) and obstinacy against the See of Rome, may excommunicate, censure, depose, kill, or murder any Christian Princes, depose them from their thrones, dispose of their Crowns to others at their pleasures, absolve their subjects wholly from their allegiance, and give subjects power to rise up in arms against and murder them by open force or secret treachery; which Bishop Bilson truly affirms to be far more dangerous and derogatory to Princes, then to attribute such a power, not to any particular persons but to their own whole Kingdoms and Parliaments only: who being many in number, of the same Nation and Religion with, and having many dependences on, and many engagements by oath, duty, favours, benefits to their Princes, less malice against them, judging only according to the fundamental Laws of the Realm, and former precedents of their Ancestors, and aiming at nothing but their Kingdom's safety, are like to be more just indifferent judges of their Prince's action when questioned, than the Pope, a mere enemy and foreigner; who proceeds by no other authority, but what he hath unjustly usurped from Kings, and by no other rules but his own will, pride, malice, honour, or profit. I have thus given you an account of the Kings of Spain's subordination to their whole kingdoms and Laws in point of Thesis and positive Doctorine approved by themselves, professed by their eminentest Writers, I shall now proceed to Historical examples to confirm it in point of practice. o Munst. Cos. l. c. 20. p. 75. Roderici Arc●●●p. Toletani De Rebus hisp. l 4. 2. l. 5. c. 1, 2. Gen. hist. of Spa. 16 Ordogno the 14. king of Castille, summoned 4. Earls of Castille to appear before him, who refused to go to the wars against the Saracens, promising them safe conduct, not withstanding he commanded them to be apprehended, imprisoned and slain; for which bloody Treachery those of Castille rebelled against him, rejecting his government, and providing for the safety of them and theirs, Duos Milites, non de potentioribus, sed de prudentioribus eligerunt, quos & judices statuerunt, etc. They elected two prudent Knights of their own to be their Magistrates and judges, to govern them, to manage their wars, and administer justice to them: the one was named Flaevius Calvus, the other Nunius, surnamed de Rasura, whose Son Gondesalvus after his Father's death, was substituted in his place, made General of the Militia; (Principatum Militiae addiderunt) and his son after him, tam à Magnatibus & Militibus, quam AB VNIVERSIS POPULIS CASTELANIS, made Earl of Castille, and all submitted themselves to his government, rejecting the Dominion both of Ordogno and his brother King Froila after him, for their tyranny and treachery. p Rodericus Toletanus de Rebus Hisp. l. 4. c. 19 Alphonso the great King of Gallecia about the year of Christ 918. imprisoning his eldest son Garsias, laying him in irons and exercising other cruelties, was by the practice of his own Queen Semena and his other sons and Nobles, so prosecuted and put to such straits; that they enforced him to resign his Crown to his son Garcias, and to deprive himself of his government in the presence of his sons and the grandees of his Realm; after which he requested his son to raise and grant him an Army to go against the Saracens, who condescending thereto, he gained a glorious Victory over them, and so died q Roder. Tol. l. ●. c. 4, 5. Munst. Cos. l. 2. c, 20. Gen. hist. of Spain. l. 7. Alphonso son of Ordogno, King of Castille, after 5. year's reign, out of levity rather than Religion, resigned his Crown to Ramire his younger Brother, and then turned Monk about the year 939. but not long after, casting off his Coul & leaving his Monastery, he began to raise forces, and to aspire to the Crown again which he had resigned; whereupon Ramir raised an Army against him, and after 2. year's waries took him prisoner, put out his eyes, and thrust him into a Monastery. r Munsterii Cosmogr. l 2. c 20. p 78. Gen. Hist. of Spain. john the first, the 35 King of Castille after the death of Ferdinand King of Portugal claimed that kingdom in right of Eleanor his wife and next Heir, but the Portugals elected john, a bestard, a Knight of the blood Royal for their King, and excluded Eleanor. Henry the 4. the 38. King of Castille, having no children lawfully begotten, would have made Elizabeth his bastard daughter heir to the Crown; but the Nobles would no ways permit it, and resisting him with all their might, preferred his own sister Elizabeth to the Crown, and married her to Ferdinand the 6. son to john King of Arragon, rejecting his spurious daughter. And Friar john de Teixera i● his Book of The Original of the Kings of Portugal, affirms, that the Kings of Portugal were usually ELECTED BY THE SUFFRAGES AND FREE CHOICE OF THE PEOPLE, who had power to confer the Kingdom on whom they pleased: averring, that Alfonso 1. 3. and 5. john the 1. Emanuel and Antonio, Kings of Portugal, were thus elected. Which though s Censurae in F. joseph Teixerae libelli● c. 75. to 83. De vera Regum Portugalium Geneologia, lib. in the 2. Tom. of joannis Pistorius Hispaniae illustratae. Duardus Nomus Leo, a Portugois Lawyer denies, and seems to refute; yet he grants freely, that the Parliament or Assembly of the Estates in Portugal have usually determined the Title, Right, and ordered the Succession of that Crown in the Cases of these Princes, and determined of their Legitimate or spurious births: That when the Kings of Portugal have died without Heirs, they have BY THE LAW OF ALL NATIONS freely elected whom they thought meetest for their King: And that after the death of King Ferdinand, they put by john and Ferdinand the sons of King Peter, begotten of Agnes de Castro his Concubine, from the Crown, because they were bastards; and moreover enemies to the name and Realm of the Portugois, entering with Henry and Peter Kings of Castille, in an hostile manner with an Army into the Confines of Portugal wasting them every where, and doing great damages to, and committing many murders among their Citizens; for which reason, the States assembled at Coimbri, resolved, that although they were legitimate, yet THEY COULD NOT OBTAIN THE SUCESSION OF THAT KINGDOM, quod se hosts & alienos a Portugalia declarassent, because THEY HAD THUS DECLARED THEMSELVES ENEMIES AND ALIENS TO PORTUGAL. And therefore believing the Kingdom to be void for want of a right heir to succeed, in which case, BY THE LAW OF ALL NATIONS THEY MIGHT LAWFULLY ELECT THEM WHAT KING THEY PLEASED, they chose john the Bastard, King. After which he shows, that Philip the 2. his Title to the Crown, was long debated by, and resolved in the Assembly of the States of Portugal in the life of king Henry, who summoned all the Pretenders to the Crown to come and declare their Titles to it in a Parliament held at Almierin, upon the Petition of the Senate and People, who earnestly pressed him, that the Title of the crown might be settled and decided during his life, to prevent division and civil wars after his death: By which it is apparent, that the Assembly of the Estates of Portugal, is the most Sovereign power and above their kings themselves. It is clear, that the Gothish kings which reigned in Spain were not hereditary, but elective, yea, censurable, excommunicable, and desposable by them for their maladministrations. t Liv. 5. p● 146. joannis Mariana, De Rebus Hisp. l. 6. c. 4. 6. See Procopius, Vand. 1. Aimon● l. 2. c. 20. l. 4. c. 35. The General History of Spain is express, that among the Goths they did not reign by right and succession from Father to Son, but those were chosen Kings among them, which were held worthy; which election was made by the Nobility and People, and if any one did affect that dignity by any other unlawful means, he was excommunicated and rejected from the company of christians; as appears by the 5. Council of Toledo. Thus Vallia the 1. king of the Goths, An. 418. Agila the 11. king An. 546. Luiba the 13. king An. 565. Gundamir the 18. king An. 610. Suintilla the 20. king An 621. v Gen hist. of Spain, l. p 12●. 140, 145, 146, 147, 14● Ro●an hist. Hisp. pars 2. in their lives, joan Mariana de Rebus Hisp. l. 5. & 6. Tulca the 23. king An. 642. Bamba the 26. king of Goths, a. 672. to omit others, were elected by the Nobles and people, though now and then the Crown went by succession through usurpation rather than right, x Gen. hist. of Spain, l. 5 p. 139 140. 145. Rod. sanct. hist. Hisp. pars 2. c. 15. 22. Theodiscle the tenth king of the Goths in Spain, giving himself to lusts and adulteries, polluted great and honest families, corrupted Nobleses wives, and committed many murders; whereupon the chief of the Goths conspiring against him, strangled him at Sevill ●●oting in his banquets, and elected Agila for their king: So Victrix the 17. king of the Goths, a vicious base unworthy Prince, was miserably slain by his own people for his viciousness, as he sat at Table. y Gen. hist. of Spain, l. 5. p. 146 Suintilla the 20. king of the Goths, in the beginning was a good Prince, but in the end he grew exceeding covetous and cruel; wherefore the Goths made him resign his Kingdom about the year 630. and deprived him of the crown, he was likewise excommunicated by the Bishops (whose power at that time began to equal that of Kings) at the Council of Toledo; which interdicted him, with Geilands brother, their wives and children, the communion and fellowship of the Church, and the possession of their goods gotten by violence and tyrannical means; and Sisenand his adversary, with the consent of the people, obtained the Kingdom. The 6. z Gen. hist. of Spain, l. 5 p 147 Concil. Toletanum 6. c. 3. Suris Concil. Tom. ● p. 742. Council of Toledo under Cinthilla the 22. king of Goths, about the year 686. decreed, and by a perpetual law imposed on the Kings of Spain, not to suffer any one to live within their Dominions which was not a Catholic; the which their kings should solemnly swear before they were crowned; and if any king should go against that Law which he had thus sworn he should be excommunicate and accursed in sight of the eternal God and made the fuel of eternal fire: which Canon was made, not only by the assent of this king & his Bishops 〈…〉 with the consent & deliberation of his Nobles and great men. In the a Surius Concil. Tom. 2 p. 739 740. Mariana de Reb. hisp. 〈…〉. 5. Council or Toledo under this king it was decreed Gen. 2, 3 4 5, 6, 7 That the king's children and faithful servants after their deaths, should not be deprived of the lands, honours, and just rewards by the ●ucceeaing kings, which had been conferred on them in their lives; That no man should aspire to the crown licentiously, under pain of excommunication and a divine Anathema, whom neither THE ELECTION OF ALICE, nor the Nobility of the Gothish Nation had no, advanced to this top of honour. That none should, auring the king's life endeavour or use means to succeed him after his death; nor yet revile the Prince, under pain of excommunication. All which particulars were ratified by new b Surius Concil. tom 2. p. 744 745. Mariana de Rebus Hisp. l. 6. c. 9 Canons in the 6. Council of Toledo under this king, Can. 14, 15 15, 17, 18. with this addition; That the king being dead, none should usurp the kingdom by tyrannical presumption; that none who had been shriven a Monk, or dishonestly bald, or descended from a servile stock, or a man of a foreign Nation, unless worthy both in respect of his Pedigree and manners, should be promoted to the Throne of the Kingdom; nor no man attempt the Prince's destruction, life, or usurp his Crown tyrannically, under pain of being 〈◊〉 with a perpetual Anathema, and eternal condemnation, for breach of any the premises. These Counsels, as Mariana observes, were in truth General Assemblies of the Estates, where they handled not only matters of Religion, but likewise of the Commonweal by common consent of all. Bamba the 26. king of the Goths (after c Gen. hist. of Spain, l. ●. p. 129 150 Roder. sand. hist Hisp. par. 2. c. 32. Surius Concil. tom. 3. p. 3. Mariana de Rebus hisp. l. 6. c. 12, 14, 17. Lewes de Mayern Turquets computation which I follow but 3●. after Roderick Sancho) was elected king by the Goths, as he was ploughing with his Oxen in the field, being a plain country man. Some say, that he would never have received this honour and charge, but by constraint, and that refusing absolutely, a Noble man of the Goths drew his sword, and threatened to kill him if he did not yield to the Goths entreaties, and that his Goad wherewith he drove his Oxen did suddenly in his hand bring forth leaves, fruit, and roots; whereupon he took this dignity upon him, more for fear than for any desire to reign. Anno 672. After which Eruinge ambitious of command, poisoned king Bamba, so as he became mad; for curing whereof many natural and superstitious medicines were applied, but to small effect; so as Bamba coming a little to himself again, and finding his disability to govern, willingly quit the Crown, and retired himself into a Monastery at Pampliga, where he lived seven years and one month, and d Sarius Concil. p. ●●4. Mariana de Reb. Hisp. l. 6. c. 17. Eruinge was chosen king in his place, whose Election was confirmed and allowed lawful in the 12 Council of Toledo, Can. 1. as Elected thereto by God, and ALL THE PEOPLE'S DESIRES; whom this Council absolved from their Oath of allegiance formerly made to King Bamba, whiles he held the Kingdom. In the e General Hist. of Spain. l. 5. p. 151. thirteenth Council of Toledo under this King Eruinge. Anno 684. it was decreed, That neither the King nor any other should marry the Widow of the deceased King, upon pain of excommunication, and to be damned to Hell fire. Vitiza f Gen. Hist. of Spain, l. 5. p. 152, 153. Rod Sanct. Hist. Hisp. pars. 2. c. 35 Mariana de Rebus Hisp. l. 6. c. 19 the nine and twentieth King of the Goths, at his first coming to the Crown, showed himself mild, liberal and religious, but soon after became the infamy and dishonour of Kings, being full of all excess of lust, impiety, hypocrisy and dissimulation, and exceeding in all vices without shame; he filled his Palace with many Wives, which he married, and Concubines too; he publicly allowed to all men, Nobles, Commons, Priests and Clergy, to marry as many wives, and keep as many Whores as they pleased; he used great cruelty to many: flattered the Clergy, lest by their censures they should draw the people from obeying so filthy and unchaste a king. To prevent all rebellions (under the colour of peace which Spain did then enjoy) he caused all the Towns of Spain to be dismantled, except Leon, Toledo, and Asturica; he disarmed the people, disannulled all the immunities of the Church; he recalled the banished the Jews, and granted them great privileges; he advanced a most wicked wretch to great honours, execrable to all the people, that so he might not say, himself was the worst of men: Finally, as a presage of his future miseries, he showed (in all sorts of excess and violence, contrary to the Laws of God and men) what Princes ill instructed and ignorant of true piety could do: A Buffone ask him merrily, Why do you being a King & the son of a King do thus, you may lose your Kingdom? Hereplyed like another Dionysius, My Father left me his kingdoms, not fortune. In fine, g Gen. Hist. of Spain, l. 5. p. 153, 154, 155 Rod. Sanctius, Hist. Hisp. pars. 2. c. 37. Mariana de Rebus, Hisp. l. 6. c. 21, 22, 23. Illustratae, Rodorick obtained the Corwn; who soon after exceeded Vitiza in all manner of vices, cruelty, and tyranny, and ravished the daughter of julian Earl of Cava, whiles he was in embassage in Africa for the affairs of the kingdom; Who to revenge this indignity, and cast out this wicked Monster, Anno 713. called the Moors into Spain, who overran and conquered the Kingdom, destroyed Rodorick, and put a Period to the Goths kingdom in Spain. Thus Tyrannical vicious Prince's ruin at last both themselves and their Realms. Among the h In johannis Pistorius, Hisp. Tom. 3. p. 859, 860. Laws of the Wisigothes, Lib. 2. c. 2. 6. I find not only an Act declaring their Kings to be subject to their Laws as well as subjects, but likewise a Law restraining their King's excesses, and disenabling them to alien their Crown lands or revenues to their own Children or others, but only the Lands which themselves shall purchase; which was likewise decreed in the eighth i Surius Concil. Tom. 2. p. 864, 865. Council of Toled●, under king Rec●●ni●thus, where in there was this complaint made. Quosdam conspeximus Reges, post quam fu●rint regni gloriam assecuti, ex●●nuatis viribus populorum, rei propriae congere●e lucrum; & 〈◊〉, quod reges sunt vocati, defensionem in vastationem conversunt, qui vastationem desensione pelle ● debuerunt; illud gravius inn●ctentes, quod ea quae videntur acquirere, non regni deputant honori, vel gloriae, sed ita malunt in suo jure confundi, ut voluti ex debito descernant haec in liberorum posteritatem transmitti: Resolving, that non personae sed 〈…〉 subdi debere, non habenda parentali successione, sed possidenda regali congressione; regem terrenum jura faciunt, non persona, etc. I likewise find another k 〈…〉 l. ●. c. 28. p. 869. and l. 6. 〈◊〉 p 936. Law, nullifying all unjust judgements and sentences given by judges through fear or command of the King. And another Law, giving the King power over all offenders against himself, but denying him power to pardon any Delinqu●rts against the Nation or Country. All which considered, prove the whole State, Kingdom and Counsels among the Spanish Goths, to be about their kings, who were liable to their restraints, excommunications, Laws, * Proco● Vand. 〈…〉 c. 20. l. 4. c 35. Grotius de Enc. Belli, l. 1. c. 3. Sect. ●1. Censures, Depositions, for their maladministrations, vicious lives, and not successive but elected by them. l Gen. Hist of Spain, l 6 p. 63 171, 172, 173, 174, 175, 177. Ma●●ana de 〈◊〉 His●. l. 7. P●lagius the first king of Oviedo, was elected king, and that kingdom erected by the general consent of the people oppressed by the Moors, about the year, 618. during whose reign there were several Viceroys of the Moors in Spain, as Alcazazin, and Alhatan and others. His son king Fasila was slain by a Bear which he pursued in the mountains: I doubt his Subjects would have resisted him as well as the Bear, had he made war upon them. Froila the fourth king of Ovedo treacherously slew his own brother Vtmaran a gallant Knight, generally beloved, (out of jealousy) lest he should usurp the Crown; in revenge of whose death he was soon after slain by his own brother Aurelius, Anno 767. who succeeded Froila in the Realm, notwithstanding he le●t a son called D Alphonso the chaste; but the hatred that the Noblemen did bear unto his father, was the cause of his rejection, being then also very young; whereby it appears, that the right of succession was not in those days practised in Spain; S●ll● his brother-in-Law succeeded him; after whose death by general consent, the kingdom was given to Alphonso. m 〈…〉 l. 6. p. 183 Ramir the tenth king of Oviedo did that which all other Princes abhor, for he received his son to be companion with him in his kingdom, and caused his brother Garcia to reign with him, so as there were now two kings and Courts in Oviedo, both agreeing well together. Anno 894 Froila dying without issue, because his children were too young to reign, the Nobles conferred the Kingdom on Alphonso the fourth, who after five years turned Monk. n Gen. Hist. of l. 7. p. 211. 226. Mariana de rebus Hi●p l. 8. c. 8. Ramir the third, twentieth king of Leon, abandoning himself to a voluptuous life, contemned all good counsel, so as the Earls and Noblemen of Gallicia seeing his folly, * joan Vasael Hisp Chron. An 809. p. 714. and discontented with his vices, scorned him, and would no more acknowledge him to be their king, electing Bermund for their Sovereign, and entitled him king of Gallicia, which title he enjoyed ten years: About which time the Moors in Spain which had one king reigning at Cordova, after the death of king Mahomet, made so many petty kings, as there was scarce any good town in Spain, but had a particular King, which made strict alliances among themselves, for the preservation of their estates. o ●en. Hist. ●f Spain, l. ●. p. 242. Mariana de rebus Hisp. l. 9 c. 8. 9 Anno ●07●, Garcia king in Gallicia growing a tyrant, spoiled and ill entreated his Subjects, governing himself after the appetite or a base woman, who put the Nobility and Gentry in favour or disgrace with the king as she pleased, so as in the end growing insupportable, certain Knights slew her in the king's presence; His brother Sancho taking advantage of the people's hatred, entered his Realm with a great Army; who thereupon being deserted generally by his people, fled to the Moors for aid, and fell to spoil his own Country, after which he was defeated, taken prisoner, and so kept in the Castle of Lune with a good Guard till his death. I read in p De rebus Hisp. l. 9 c. 5. john Mariana, that in the Council of Florence under Pope Victor the second, Anno 1055. Hildebrand a Cardinal Deacon Ambassador to Henry the second, Emperor of Germany, complained in the Council against Ferdinand king of Spain, in the Emperor's Name, That against the Custom of his Ancestors and prescript of Laws, he did with incredible arrogancy and levity hold himself exempt from the power of the Roman Empire, which injury himself could gladly suffer, if there were no other loss but of his own honour; But since the estate of Christendom could not well subsist, and the Pope's Authority would likewise be impaired, unless all Christian kingdoms were united and knit together under one temporal head the Emperor, whom they should obey; they ought to suppress the springing temerity in the Womb, lest by their neglect spreading itself into other Provinces, animated with the sweet, and ofttimes deceitful name of liberty, the sacred Majesty of the Empire and Popedom should be reduced to an empty title; wherefore he desired them to interdict all Spain, and excommuniate the King; which if they did, he would be assistant to the Church's honour and Republiks' safety then endangered: But if they refused it out of fear, he would not be wanting to the honour of the Empire, & would certainly look to himself in private. The Pope after some deliberation, approved this motion as just, & thereupon sends Legates to Ferdinand in his own and the Councils name, to satisfy the Emperor's demands forthwith, under pain of present excommunication. The King doubtful and fearful whether to obey or not, summons a general Assembly of the Estates of the Realm: The Clergy and religious sort of men persuaded submission, for fear of the Pope's excommunication; the fearfuller sort concurring with them, by reason of the Emperor's power and their own weakness and distraction, and the King's desires of peace, inclined most to their opinion. But some heroic spirits thought that a most grievous yoke should thereby be laid on the liberty of Spain; which being once admitted on their necks, they should hardly shake off again; that it was better to die fight, then that the Republic should be involved in so great a mischief and indignity. Rodoricus Diacius, a noble Spaniards opinion (than absent from the assembly) being required by the king and it, answered. That this was no matter of Counsel: that what was gotten with Arms was to be defended with Arms; that it seemed most unjust, that the fruit of others valour should return to those who in their lost condition had not communicated in the labour and danger which recovered it; that it was better to die valiantly, than to lose the liberty gained by their Ancestors, to become a mocking-stock to a barbarous and cruel nation, who contemned all men but themselves; whose ears were proud, whose speeches contumelious, whose access difficult, riotings new, cruelty inhuman; Shall we who have yet hardly escaped the servitude of Moors, undergo a new bondage prepared from the Christians? They will deride both us and ours. Doth the whole world, as far as Christianity extends itself, obey the Germane Emperors? Shall all the grace, power, honour, riches, gained by ours, and our Ancestors blood, give place to the Germans? Shall they leave dangers, repulses, iudgemen, want to us? Shall Germany again lay on us the yoke of the Roman Empire, which our Ancestors have shaken off? Shall we be a vulgar people without grace, without Empire, without authority, obnoxious to those, to whom if we had vigorous minds, if we were men, we might be a terror? But it is difficult to resist the Emperors endeavours, not to obey the Roman Pontiffs commands; verily it a baseness of spirit, for an uncertain fear of war, to involve the Commonwealth in most certain dangers: many things are effected by trial, which seemed difficult to slothful men. I know not what stupidity hath seized on many, whom neither glory moves, nor the infamy of the wretchedness, thinking it great liberty enough if they be freed from scourges? I suppose the Pope's ears will not be so averse to our affairs, that he will not be moved with our most just prayers, and the equity of the cause; Let some now be sent, who may boldly defend the cause of our liberty before him, and teach him, that the Germans demand unjust things. Mine opinion is, that the liberty gained by our Ancestors, is to be defended with arms against the attempts of all men, and with this my sword I will maintain, THAT THEY ARE MOST WICKED TRAITORS TO THEIR COUNTRY, who out of a simulation of a fond Religion, or show of preposterous caution, shall give contrary advice, neither shall resolve, that servitude is to be repudiated with greater care by us, than domination is affected by them. So far forth as every one shall addict himself to the liberty of his Country, so far shall I be a friend unto him, or a deadly enemy. This opinion of Roderic prevailed, in pursuit whereof they raise an army of ten thousand men, whereof he was made General; they send Ambassadors to the Pope and Council, whereof Roderic was chief; and upon a full hearing of the cause before Rupert Cardinal of Saint Sabria, the Pope's Legate, at Tholouse, judgement was pronounced for the liberty of Spain, and it was decreed, That the Germane Emperors should from thenceforth have no power nor jurisdiction over the Kings of Spain; which was afterwards confirmed by the customs of the people, the consent of other Nations, the public resolution and judgement of Lawyers; as jacobus Valdesius in his Book de dignitate Regum Hispaniae printed 1602. Cap. 18. proves at large. q Lib. ●. p. 240 The General History of Spain, records, that the Council of Florence resolved, that seeing the Kings of Spain had defended and conquered their Realms by Arms, without any aid from the Emperors, they were free and exempt from all subjection and acknowledgement to the Emperors; whereof we may read the Gloss upon the Chapter Adrianus P●pa, distinct. 63. The like privilege have the Kings of France, the State of Venice, the Kings of England, and some others; Which clearly demonstrates, the Sovereign power of Kingdoms and Nations even over their Kings and Princes, and that they may justly defend themselves, and Elect other Princes, when they are deserted or destroyed by them. r Gen. Hist. of Spain, l. 8. p. 243 Anno 1083. Sacho Ramires king of Arragon, to supply the charges of his wars against the Moors, was sometimes forced to use the revenues of his Clergy, his Treasure being not able to furnish so great a charge; but the Bishops of his Country, who affected nothing more but to enrich their own Order and State, opposed themselves against him, and afflicted him in such sort, as putting him in a vain fear, that he was damned for this cause, They made him do Penance in the Church of Roda before Saint Vincents Altar, in the presence and at the pnrsuite of Raymund Dolmare, Bishop of that place, the Bishop of Jarca, and others, and to confess publicly, that he had grievously offended. Thus these good Fathers publicly insulted over their Sovereign. s Gen. hist. of Spain, l. 8. p. 256. Anno 1091. king Alphonso granted this privilege, among other, to Toledo. That the City of Toledo might never be alienated from the Crown, nor given upon any Title whatsoever, to man, woman, or child. Anno 1076. Sancho King of Navarre was slain in battle by his brother Raymond thinking to reign after him, t Hyeron. Blancae Arogen. Rerum. Com. in Sanct. 4. p. 625. Gen. Hist. of Spain, l. ● p. 243. but the Navarroyes expelled him out of their confines, disdaining that he should reign over them, who had embrued his hands in his kingly brother's blood, and sending to Sancho Ramires, 4. king of Arragon, called him to reign over them, because their slain kings sons were too young to reign, and protect them from their enemies; by which means the kingdoms of Arragon and Navarre were united. v Gen ●ist. l. 9 p. 2●4. to 279 joan Mariana de Rebus Hisp. l. ●0. c. 8. Rod. sanct. hist. Hisp. pars 3. c 30. Veracha Queen of Castille, a most lascivious open Adultress, by her unchaste life so fa●re provoked her husband Alphonso, that he was divorced from her, made war against her and confined her: After which she still continuing in her lewdness, the Nobility and States of Castille and Leon, revolt from her, take arms against her, depose her from the Crown, and elect and crown her son Alphonso the 8. king An. 1122. allowing her only a pension to support her life. x Gen. Hist. of Spain, l. 9 p 281 28 to 287. Rod. Sancti hist Hisp pars 3. c. 30. Mariana De Reb. Hisp▪ l. 10. c. 5. Alphonso King of Arragon by his last Will and Testament, most solemnly ratified, for the expiation of his sins, gave divers crown Lands, Tenements, Revenues, and Legacies to Religious houses and persons, An. 1132. but being prejudicial to the Crown, his Will after his death was held void and not put in execution: he being slain by the Moors An. 1134. the States of Arragon elected one Peter Tares for their King: who growing exceeding proud of his new dignity, began to despise the Nobles, and abrogate the Laws and customs of the Country: And the Nobles (being assembled at a general Assembly of the States) going to visit him, he commanded his Porter to shut them out, saying, that Mounsieur was busy about matters of great importance, but they understood afterwards, that the great affairs causing him to exclude his friends were, his Barber was trimming him: which so incensed the Nobles and great men, that the next day they held their general Assembly of the Estates without the King; where they first of all decreed to depose their new king, because being ●n honour he had no understanding of himself, and because they found he would grow more proud and insolent afterwards: whereupon expelling Peter, the Estates assembling at Boria, elected Ramier a Monk, brother to king Alphonso, for their King; who was much derived of his Nobles for his Monkish simplicity, and at last turned Monk again: But those of Navarre thinking a Monk to be better acquainted with the matters of a Monastery then how to govern a Kingdom, and being jealous that the Arragonoys by choosing a King of the blood Royal of Arragon, would by this means aspire to the chief places of honour and favour in Court, it was concluded, that the Estates of Navarre should assemble at Pampelone, where they chose Garcia Remires their King of Navarre; and so the Realms of Arragon and Navarre which had been united 58. years, were separated in these two Kings. The Kingdoms of Spain being often before and since this time united and divided, as the people and Realms assented or dissented thereunto. y Gen. hist. of Spa. l. 10. p. 307. to 312. 315. 321, 326. Not to mention the troubles of Castille by reason of the nonage of their king Alphonso the fourth, of whose custody and tuition the assembly of the Estates disposed; or how some Knights of Castille slew a jew, with whom this king was so enamoured, that he forgot his new Spouse, and almost lost his senses. Anno 1179. king Alphonso assembled the Estates of Castille at Burgon, to leavy a Tax upon the people, whereto the Nobility, as well as the rest, should contribute, imposing 5. Maravidis of gold for every person; but it took no effect: for all the Gentlemen of Castille being discontented, that he sought to infringe their Liberties, fell to arms, and being led by the Earl Don Pedro de Lara, they were resolved to resist this tax, and defend their Liberties with the hazard of their live●. Whereupon Alphonso changed his opinion, and let them understand, that from thenceforth he would maintain their immunities; and that whatsoever he had then propounded, was not to continue, but only to supply the present necessity of affairs, which he would seek to furnish by some other means. For the great resolution which Don Pedro de Lara showed in this action, the Nobility of Castille did grant to him and his successors, a solemn breakfast in testimony of his good endeavour in a business of so great consequence, and thereby the Lords of Lara have the first voice for the Nobility in the Court of Castille. Gen. Hist. of Spain, l 10. p. 339. Mariana de Reb. hisp. l. 11. c. 23. (z) An. 1204. King Alphonso the Noble called a Parliament of the Lords, Prelates and Deputies of the Towns of his Realm at Toledo, to advise and assist him in his wars against the Moors; where they concluded to crave aid from all Christian Princes, and a Crossado from the Pope against the Moors, and made divers Laws to restrain the supersluities of the Realm in feasts, apparel, and other things. a Gen. hist of Spain, l. 10. p. 346, 347. l. 11. p. 350, 351. 352. 353. 354, 355, 356. james the 8. King of Arragon being young at the time of his Father's death, it was thereupon after ordained in the assemblies of the Estates of Mencon and Lirida, that Don Sancho Earl of Roussilon should govern the Realm during the King's minority; but they gave him limitation: The King's person they recommended to Friar William of Moncedon, Mr. of the Templars: After which An. 1220. this young king's Uncles seeking to wrest the Realm from him instead of governing it, by the fidelity of the Estates and their authority, his interest was preserved, and three Governors with a superintendent of his Provinces were appointed by them; and to prevent the continual practices of the Earls of Roussillon and Fernand the king's Uncles, the states and justice of Arragon declared the King of full age when he was but ten years old, and caused the Earl of Roussillon to quit the Regency; the authority of the justice of Arragon being then great for the defence of the public liberty. An. 1214. Alphonso the Noble king of Castille dying, his son Henry being but 11. year old, the Prelates, Nobles and Commons assembled at Burgon, having declared him king, and taken the oath, made Queen Eleonora his Mother, Governess of his Person and Realms: after whose death, the custody of him was committed to the hands of the Lords of Lara: This king afterwards playing with other young children of Noble Houses at Palenca in the Bishop's Palace, one of them cast a tile from the top of a Tower, which falling on the covering of an house, beat down another tile, which fell on the young king's head, wherewith he was so grievously hurt, that he died the eleventh day after, An. 1217. yet this his casual death (for aught I find) was neither reputed Felony nor Treason in the child that was the cause of it. After whose death Fernand the 3. was proclaimed and made King by the States of Castille, to prevent the pretensions of the French: after which his Mother Queen Berenguela in the presence of the Estates, renouncing all her right to the Crown, resigned it up to her son Fernand: About this time the Moors in Spain rejected the Miraluminis of afric, and created them several Kings and Kingdoms in Spain, being never more united under one Crown after this division, which they thought it lawful for them to make. An. 1228. the Estates of Arragon assembling at Barcelona, (b) Gen. hist. of Spain. p. 363, 366, 367, 368. they consenting and requiring it according to the custom of the Arragonians and Cattelans, (these Estates having authority to make War and Peace, and Leagues) a war was resolved against the King of the Moors and Majorkins. Anno 1231. the Realm of Navarre being very ill governed, by reason their King Sancho retired to his chamber, did not speak with any man but his Household servants, and would not hear of any public affairs; thereupon the State began to think of electing a Regent to govern the Realm during his retiredness; to prevent which, Sancho made an unjust accord with the king of Navarre, and confederated with james King of Arragon, by the assents of the states of the Realm to leave his Kingdom to him if he survived him; yet after his death Thibault Earl of Champagne was by the states of Navarre elected and proclaimed King. And anno 1236. The Estates of Arragon and Cateloigne assembled at Moncon for the continuance of the war with the Moors and conquest of Valentia, without whom it was not lawful for the King to undertake any matter of importance. For maintenance of this war, a custom called Marebetine, and an exaction of impost for cattle was by the Estates imposed on the People; it was likewise decreed, that all pieces of Gold and silver coined should be of one goodness and weight, to the observation of which Edict for coins, all were bound to swear that were above 18. years of age. c Gen. hist. of Spain, l 11. p. 370. Anno 1236. james King of Arragon, revealing to his Confessor the Bishop of Girone, that before his marriage with Queen Yolant he had passed a matrimonial promise to Theresa of Bidame, she sued him thereupon before the Pope, who gave sentence against her for want of sufficient witness, notwithstanding his Confessors testimony: The King hereupon grew so angry with the Bishop for revealing his secrets, that sending for him to his chamber, he caused his tongue to be cut out: For which outrage committed on the Bishop, though faulty, the Pope in the Council of Lions complained, and in the end interdicted all the Realm of Arragon, and excommunicated the king. Hereupon to take off this interdiction and excommunication, the king sent the Bishop of Valentia with his excuse and humiliation to the Pope; wherewith he being somewhat pacified, sent two Legates into Arragon; who having assembled a Synod of Bishops at Lerida, they caused the King to come thither, and to confess his fault upon his knees before these fathers, with great submission and tears, who gave him absolution, upon condition he should cause the Monastery of Boneface to be built, and endowed with an hundred and forty pounds of silver, of annual rent; endow an Hospital for the poor with four hundred pounds' silver per annum, and give a Prebendary in the great Church of Girone, for the maintenance of a Mass-priest. About which time the d Gen. hist. of Spain, l. 11. p. 372. 408. Moors in Spain erected many new Kings and Kingdoms by mutual consent, and Mahumad Aben Alamar for his valour, was by the Inhabitants of Mariona, elected and made first King of Granado. e Gen. hist. of Spain, l. 11. p. 377, 378. Anno 1243. all was in combustion in Portugal by the negligence and baseness of their king Don Sancho Capello, who was wholly given to his wife's humours, hated of the Portugals, and himself disliked for her sake: for many Malefactors and insolent persons were supported by her, who grew daily more audacious in their excess, without fear of justice, which was trodden under foot, for their respect. For these considerations, and her barrenness too, all the Noblemen of the kingdom desired to have the Queen (called Mencia) separated and sent out of Portugal: for effecting whereof, they made a great instance at Rome, but neither exhortation, admonition nor commandment, nor censure could prevail, the king so doting on her, that he would not leave her: Which the Portugals perceiving, some of them presumed to seize on her in the City of Coimbra, and conducted her into Gallicia, from whence she never more returned into Portugal. Not content herewith, they sought to depose the King from his Royal dignity too, for his ill government, and to advance his Brother Don Alphonso to the Regal Throne, in his place; whom the Estates assembled made Regent of Portugal, leaving only the Title of King to his brother; which fact of the Estates, the Pope in the Council of Lions, authorized by his Apostolic power: with which the King being displeased, abandoned his Realm, and retired into Castille. f Gen. Hist. of Spain, l. 11. p. 379. Anno 1247. The Laws and Customs of Arragon, were reduced into writing by King james his appointment, and compacted into one body, having till that time been observed only by tradition: which Volume was coufirmed by the Estates held at Hu●f●a: And the same year the King of Castille erected a kind of Chancery and standing Court of Parliament of 12. learned men, which followed the Court. g Gen. hist. of Spain, l. 12 p. 385, 386, 387. Anno 1254. Thibald the 2. king of Navarre being but 15. years old at the descent of the crown unto him, was at 25. years of age, declared of full age, and crowned King in the great church of Pampelone, where he did swear, TO PRESERVE AND AUGMENT THE PRIVILEGES OF THE COUNTRY: Afterwards he doing homage to the king of Castille for the Realm of Navarre, as his predecessors had done before him, and making such a peace with him as the prelate's, Knights and Commonalties of the Realm in the States had approved, yet divers knights and the Inhabitants of the Borough of St. Iermin of Pampelone disallowed this homage, this peace, and would not subscribe to it, as tending to the king's dishonour; whereupon the king did punish them by fines; but his choler being past, some few days after, considering they were good and faithful subjects, loving his honour and greatness, and that they resisted his will out of true love and zeal which they owed to the Crown and their Country, he caused their Fines to be restored. h Gen. hist of Spain, l. 12. p. 390, 397. Alphonso the 3. fifth King of Portugal putting away his first wife Mahault without cause after he had children by her, and marrying Beatrix; hereupon when by no entreaties of Friends or the Pope he would entertain his first wife again, he was excommunicated by the Pope, and his Realm interdicted 10. or 12. year's space, continuing still obstinate till his first wife died, after which he was absolved. i Gen. hist. of Spain, l. 12. p. 〈◊〉. 400, 401. Anno 1260. and in some year following, there were divers controversies concerning the Crown Lands, and settling of Portions for the King of Arragon's younger children, moved and determined in the Assembly of the Estates of Arragon: and the Nobility complaining, that their King james did break their privileges, made many Leagues and Factions. This matter being debated in the Estates at Saragossa, and then at Ex ea in the year 1265. for pacifying these troubles they enacted, That no honours nor military fees should be given to any but to Gentlemen of race, and born in the Country. That no Gentleman should be subject to the tribute of cattle, nor to any other. That in all controversies which the Nobility might have against the king or among themselves, the Magistrate called the justice Major of Arragon should be judge, being assisted by the Council. That the King should not give the fees and Military rewards, allotted to them that do him service, as a recompense of their virtue and valour, to any of his lawful children, who by right have their portions in the Realm. Anno 1274. james King of Arragon coming to the Council of Lions, desirous there to be crowned by the hands of Pope Gregory; (a ceremony whereof he made great account:) the Pope refused him, unless he would acknowledge himself vassal to the church of Rome, and pay the arrearages of the rent which the deceased King Don Pedro his Father had promised: the which King james would not do, holding it an unworthy thing so to debase the greatness of his Crown, and restrain the Liberty of his Realm in any sort. And this year there were great and continual Tumults in Arragon, the Nobility opposing themselves against the King: for composing which differencs the Estates of Arragon assembled in Parliament at Exea, where king james took the government and managing of the affairs of the Realm from his son Don Pedro: and divers great Dons were there condemned of contumacy, and their Lands confiscated by the justice Major of Arragon: In this Assembly the Nobility pleaded the Privileges of C●●teloyne; That the Nobility might quit the King's obedience in case of controversies and suits, especially if there were question of their Liberties, and to protest it publicly. k Gen. Hist. of Spain, l. 13. p. 397, 398. Anno 1265. Denis the infant King of Portugal desired his Grandfather Alphonso King of Castille to discharge the Realm of Portugal of the homage and vassalage it ought to the King of Leon, who thinking it would be taken ill by the Noblemen his Subjects, advised the infant to propound it in an open Assembly, called to that end. The opinion of Don Nugno de Lara was, that by no means he should diminish the authority and greatness of his Crown, which he should do, if he did quit this homage to the King of Portugal: For which opinion the King growing angry with him, the residue fearing the king's displeasure, advised him to do it: Whereupon the Realm of Portugal was freed from all homage and subjection due to the Kings of Leon and Castille: For which prodigality the other Nobles and D. Nugno were so much discontented, that they made a League with the King of Granado against their own King, for dismembering Portugal from the Crown of Leon; to pacify which differences the King used many mediations, and at last called an Assembly of the Estates at Burgos, the which was held without the Town for the safety of these Confederates. That great Astronomer l Gen. Hist. of Spain, l. 12. p. 412. to 426. Alphonso King of Castille, (who presumed to control the Author of Nature, saying; That if he had been at the Creation of the world, he should in many things have been of another opinion, and amended God's workmanship;) was a most wilful, indiscreet, unfortunate Prince; for his eldest son Fernand dying in his life time, leaving Alphonso and other issue males behind him, Don Sancho his second son resolved to dispossess his Nephews of the kingdom, saying; That it was fit▪ that he who was a Knight, and learned to govern a Realm, were it in war or peace, should reign after his Father, rather than his Nephews, sons of his eldest brother who were every young, having need of Regent's and Governors', charges which were affected by great personages, who by reason thereof grew into quarrels one with the other, to the oppression of the people, and hazard of the Estate. After which, Don Lope Diaz of Haro pressed the King to declare Don Sancho his son his successor in the Realms of Castille, Toledo, Leon, and other places, being his eldest son than living; to which he giving a cold answer at first, having afterwards assembled the Estates in Segobia, he was by the King and the Estates consent declared and received as heir to the Crown after his Father's decease, Fernands' children being disinherited of their right, which fact was then excused and justified, because there was no law at that time which did bind the King, much less the Estates, to leave the Realm more to one son then to another: since which there was a law made and received in the time of Fernand the 5. in the City of Taro; where it was decreed by the Estates upon this difficulty, That the Children of the elder brother deceased, representing their father's person, should in that respect be preferred before the Uncle: Hereupon Queen Violant, and Blanch widow to Fernand were so much discontented with the Decree of the Estates, disinheriting the eldest brothers sons, as taking the young children with them, they departed out of Castille to Don Pedro King of Arragon; where Don Sancho caused his Nephews to be imprisoned, whom king Alphonso labouring under hand to get released▪ Don Sancho advertised hereof, made a league with the Moors of Granado, against his Father, and by assent of his confederates took upon him the Title of Regency of the Kingdom of Castille and other his Father's dominions, refusing the Title of King, during his Father's life time; who was forced to pawn his royal Crown and jewels to jacob Abin joseph a Moor, King of Morocco, who aided him willingly against Don Sancho. After which in an Assembly of the States at Cordova with the advice of the Noble men and knights of Castille thereupon sent, by a Decree pronounced by the mouth of Don Manuel, in the name of the whole Nobility, Alphonso was deprived of all his Realms, for murdering his brother Don Frederick, and burning Don Rues unjustly without any form of justice or orderly proceedings, the breach of the rights and privileges of the Nobility, and the excessive wasting of the treasure of the Realm. Upon this there arose bloody Wars between the Father and son; and in the year 1282. Alphonso was so vexed with his sons proceedings, that he pronounced in the presence of many men of rank both Clergy and Laity in the City of Sevill, The curse of God and his upon Don Sancho, a son, said he, disobedient, rebellious, and a par●cidie, declaring him uncapable and unworthy to reign, depriving him of his successions, inheritance, and discharging the subjects, as much as in him lay, from all oath and homage which they had done unto him. But these were but words which Don Sancho did not much esteem; enjoying his Father's kingdoms after his decease in Title, as he did before in act, and dying king of Castille, his heirs succeeded him in that Realm, as lawful heirs thereunto. m Hieron. Blanca. Rer. Arragon. Com. p. ●60. Gen. Hist. of Spain, l. 12. p. 419, 421, 422. Don Pedro the third, king of Arragon about the year 1283. had many controversies with his Nobles and knights who complained much of his sour disposition, and tyrannous manner of Government, insulting over the greatest, yea against his own blood, contrary to all Law and nature. Wherefore being ill entreated by him in their freedoms, whereof the Towns and Commonalties of his Countries did also complain, the Nobility, Knights and Gentry, for preservation of their Liberties made a Union together among themselves and with the people; promising and swearing to let the King and his son Don Alphonso (who was his Lieutenant General) understand, that if they did not contain themselves within the limits of the Laws of the Country, they would withdraw themselves from their obedience, and declare themselves enemies, and pursue them by arms that should seek to break them. The king hereupon called the Estates to Tarrasone, and afterwards to Saragossa, where he entreated, promised and did all what he could to break this Union: but he was forced to yield, and granted to the Arragonians the privilege they call General, whereby their Liberties which had been somewhat restrained, were again restored, the ancient manners of the Country, and customs of their ancestors put in practice. And moreover there were Laws made for their Kings, which they should be bound to obey; and for that they were in a mutiny in some places, by reason of certain Impositions laid upon salt, the traffic thereof was made free by the Estates. And the king refusing the judgement of the justice Maior of Arragon, deposing Pedro Martin's Artassone (who then exercised it) from his Office, the Estates soon after at an assembly at Zutaria, fortified it with stronger Laws, deeming the justice of Arragon to be a lawful judge, (whom the King himself could not displace) even in Cases commenced against the King; who being cited and not appearing, there were Decrees made against him in many instances. In the end the King confirmed the Decrees of the justice Maior, and whatsoever should be concluded by the Estates, the Deputies and Councillors having given their suffrages. I read in * Rerum Arragonens. Comment. in Pet. 2. p. 6●0. Hieronimus Blanca, that about the year 1212. the Arragonians taking it ill that their Liberties gotten with their blood, should so many ways be subverted, as than they were by King Pedro the first, raised up the Name and forces of a Union, that with one force, and the consent of all, one mind as it were being made out of all, they might more easily propulse so great injuries; but what was then done hereupon, is not recorded; But the two memorable Privileges of the Union under King Alphonso the third, are said to spring from thence. Don Alphonso n Gen. Hist. of Spain, l, 13. p. 431. Hyeron. Blanca Arrag. Rerum Com. in Apph. 3. p. 661, 662. king of Arragon succeeding Pedro, Anno 1286. he was admonished by the Estates Ambassadors, to come speedily to the Assembly at Saragossa; where having sworn and promised the observation of the Customs, Rights and Privileges of the Country, and received the Oath of fealty from the Deputies, he might lawfully take upon him the Title of the King of Arragon; the which they said, he might not use before this Act and Ceremony, according to the ancient customs of Arragon. Upon these summons he came to the Assembly of the Estates to Saragossa, took the Oath aforesaid, after which he was Crowned: Which done there grew in this assembly a great contention, touching the reformation of the manners of Courtiers, and the ordering of the King's house; the Noblemen and Deputies of the Estates of Arragon maintaining; that the conusance thereof was incident to their charge; the King, and his household servants on the other side, denied, that there was either Law or custom which tied the King or his followers to any such subjection. In the end it was concluded, that the reformation of the Court should be made by twelve of the principal Families, the like number of Knights, four Deputies of Saragossa, and one of either of the other Cities, the which should give their voices in that case. This Union of Arragon obtained likewise a Decree, that the King should have certain Councillors chosen, to wit, four of the chief Nobility, four Knights of noble and ancient races; four of his household servants, two Knights for the Realm of Valencia, two Citizens of Saragossa, and one of either of the other Cities (whom they particularly name) with a condition, that whilst the King should remain in Arragon, Ribagorca, or Valencia, two of those Noblemen, two of his servants, two Knights of Arragon, one of Valencia, and the four Deputies of the Realm of Arragon, should follow and reside in his Court, AS COUNCILLORS APPOINTED BY THE UNION; who protested by solemn Deputies sent to the King to that end, that if he did not receive, observe, and maintain those orders, THEY WOULD SEIZE UPON ALL HIS REVENVES, and on all the fees, Offices, and dignities of such Noblemen as should contradict them. Thus were the Kings of Arragon entreated in those times by their subjects, who entered into a Union between themselves resolving, That for the common cause of liberty Non verbis solum, SED ARMIS CONTENDERE LICERET; that it was lawful for them to contend not only with words, BUT WITH ARMS TO; and determined in this assembly of the States, A Comitijs intempestive discedere REGI NEFAS ESSE, That it was unlawful (yea, a grand offence) for the king to depart unseasonably from his Parliament, before it was determined. Our present case. o Gen. Hist. of Spain, l. 13. p. 436, 465. james the second of Arragon being in Sicily at the death of King Alphonso, Don Pedro his brother assembled the Estates at Saragossa, to consult, lest the State in his absence would receive some prejudice; where James arriving, having first sworn and promised the observation of the Rights and Privileges of the Country, was received and crowned king. About the year 1320 james, by advice of his Estates held at Tarragone, made a perpetual Union of the Realms of Arragon and Valencia, and the Principality of Cat●lone, the which from that time should not for any occasion be disunited. In which assembly Don james eldest son to the Crown, being ready to marry Leonora of Castille, suddenly, by a strange affection, quitting both his wife and succession to the Realm of Arragon, told his Father, That he had made a vow neither to marry, nor to reign; so as notwithstanding all persuasions of the King and Noblemen, he quit his Birthright to his Brother Don Alphonso, after the example of Esau: discharged the Estates of the Oath they had made unto him, and presently put on the habit of the Knights of jerusalem; Whereupon his second brother, was by the Estates of Arragon acknowledged and sworn heir of these Kingdoms, after the decease of his father. At this time the Authority of the justice of Arragon was so great, That it might both censure the King, and the Estates, and appoint them a place, and admit them that did assist, or reject them. p Gen. Hist. of Spain, l. 13. p. 440 to 476. Ferdinand the fourth, king of Castille, being but a child when his father Sancho died, was in ward to his mother Queen Mary, his Protectress; he had two competitors to the Crown, Alphonso de la Cede, and Den john, who making a strong confederacy, were both crowned Kings, against right, by several parts of his Realm, which they shared between them. The States assembled at Zamora granted great sums of money to Ferdinand to maintain the wars with his enemies, and procure a dispensation of Legitimation and marriage from the Pope, who would do nothing without great fees. After which he summoning an assembly of the Estates at Medina, they refused to meet without the express command of the Queen Mother, who commanded them to assemble, and promised to be present, After this divers accords were made 'twixt him and his competitors; and at last calling an assembly of the Estates to assist him in his wars against the Moors; he soon after condemned two Knights, called Peter and john of Caravajal, without any great proofs, for a murder, and caused them to be cast down headlong from the top of the Rock of Martos; who professing their innocency at the execution, they adjourned the king to appear at the Tribunal Seat of Almighty God within thirty days after, to answer for their unjust deaths; who thereupon fell sick and died, leaving his son Alphonso the 12, very young; for whose Regency there being great competition, the inhabitants of Avila, and their Bishop resolved, not to give the possession and government of the King's person to any one, that was not appointed by the assembly of the Estates; Whereupon the Estates assembling at Palence, committed the government of his person to Q. Marry his Grandmother and Queen Constance his mother; who dying, another Assembly of the Estates was called at Burgos, Anno 1314. who decreed, that the Government of the King, and Regency of the Realm should be reduced all into one body betwixt Q Mary, Don Pedro, and Don john, and if any one of them should die, it should remain to the two other that did survive, and to one if two died. After this, Anno 1315. these Tutors and Governors of the Realm of Castille were required by the Estates in an Assembly at Carrion to give caution for their government, and to give an account what they had done. Who often jarring and crossing one another; divers Assemblies of Estates were oft called to accord them. Anno 1320. The Estates assembling, appointed new Governors of the King and Realm, who discharging their trust very lewdly and oppressing the People, Anno 1326. they were discharged of their Administration at a Parliament held at Vailledolet: in which the king did swear, to observe the fundamental Laws of the Realm, and to administer justice, maintaining every one in his Estate goods and honour: Which done, the Deputies of the Estates swore him Fealty. q Gen Hist. of Spain, l. 13. & 14. passim. This King afterwards proving very cruel and tyrannical, his Nobles and Subjects oft times successively took up defensive arms against him, his Tyranny augmenting their obstinancy, and procuring him still new troubles; Whereupon at last discerning his errors, he became more mild, and often assembled the Estates in Parliament, who gave him large Subsidies to maintain his wars against the Moors. r Gen Hist. of Spain, l. 14. p. 487, 488, 489. The Province of Alava had a custom to choose a Lord under the Sovereignty of Castille, who did govern and enjoy the revenues appointed by the Lords of the Country; for the election of whom they were accustomed to assemble in the Field of Arriaga; those of this Election being called Brethren, and the Assembly of the Brotherhood. Notwithstanding in the year 1332. the Brotherhood and Estates of this Province sent to K. Alphonso divers Articles, which they beseeched him to confirm, promising for their part, that this should be their last Assembly, and that the name and effect of their Brotherhood should remain for ever extinct, and the Province be for ever united to the Crown of Castille, if he would confirm those Articles to them, being 17. in number, which he did. The chief were these, That the King nor his Successors should not alien any place of his Demesnes. That the Gentlemen and their goods should be free and exempt from all Subsidies as they had been heretofore. That they and others of the Country should be governed according to the customs and rights of Soportilla; And that divers Towns and Villages therein specified should be free from all Tributes and Impositions. s Gen. Hist. of Spain, l. 13. p. 455. 460, 472. About the year 1309. Mahumet King of Granado, becoming casually blind, was soon after deposed by his own Brother, and the great men of his Realm, who were discontented and disliked to be governed by a blind King, who could not lead them to the wars in person. Which Kingdom went by Election commonly, as is evident by his three next successors, and Mahumet the sixth King of Granado. t Gen. Hist. of Spain, l. 13. p. 452. 462. l. 14 p. 477, 778. Anno 1307. Lewes Hutin was crowned King of Navarre at Pampelone, where he swore, to observe the Laws and Rights of the Realm. After which, Anno 1315. Philip the long was elected by the Estates of Navarre to be their king in right of his wife, but it was upon conditions drawn in writing which they tendered to him and the Queen to subscribe and swear to, before the solemnities of their Coronation, in the Estates assembled at Pampelone, which they yielded willingly unto; whereof the principal Articles were these: 1. First, to the Estates to maintain and keep the Rights, Laws, Customs, Liberties, and privileges of the Realm, both written and not written, whereof they were in possession, to them and their successors for ever, and not to diminish, but rather augment them. 2. That they should disannul all that had been done to the prejudice thereof by the kings their Predecessors, and by their Ministers, without delay, notwithstanding any Le●. 3. That for the term of 12. years to come they should not coin any money, but such as was then currant within the Realm, and that during their lives they should not coin above one sort of money, and that they should distribute part of the revenues, profits and commodities of the Realm unto the Subjects. 4. That they should not receive into their service above four strangers, but should employ them of the Country. 5. That the Forts and Garrison of the Realm should be given unto Gentlemen borne and dwelling in the Country, and not to any stranger, who should do homage to the Queen, and promise for to hold them for her, and for the lawful Heir of the Country. 6. That they should not exchange, nor engage the Realm for any other Estate whatsoever. 7. That they should not sell nor engage any of the Revenues of the Crown, neither should make any Law nor Statute against the Realm, nor against them that should lawfully succeed therein. 8. That to the first son which God should give them, coming to the age of twenty years, they should leave the kingdom free and without factions, upon condition, that the Estates should pay unto them for their expenses an hundred thousand Sanchets, or other French money equivalent. 9 That if God gave them no children, in that case they should leave the Realm after them free with the Forts, in the hands of the Estates, to invest them to whom of right it should belong. 10. That if they infringe these Articles or any part of them, the Subjects should be quit of their Oath of subjection which they ought them. These Articles being promised and sworn by the king and Queen, they were solemnly crowned, and the Deputies of the Estates, Noblemen and Officers of the Crown took their obedience to them. r Gen. hist of Spain, l. 14. p. 497, 498. Upon this agreement, all the Castles and places of strength in Navarre were put into the hands of the Estates, who committed them unto the custody of faithful knights, in whose keeping they continued; a Catalogue of which Castles with the names of the knights that guarded them, by the Estates appointment, in the year 1335. you may read at large in the General History of Spain. Before this x Gen. hist. of Spain, l. 14 p. 476. Anno 1328. the Estates of Navarre assembled at Puenta la Reyna, to resolve without any respect, TO WHOM THE REALM OF NAVARRE BELONGED, whether to Edward king of England, or to jane Countess of Eureux. The Estates being adjourned to Pampalone, the chief Town of the Realm, their opinions were divers; many holding that king Edward should have the Realm, as grandchild (born of the daughter) to Queen jane, daughter to King Henry, rather than the Countess of Eureux, in regard of the Sex; others, with more reason, held for the Countess, who was in the same degree, but daughter to a Son, and Heir to Queen jane. These prevailed, drawing the rest to their opinion; whereupon the Countess was declared true and lawful Queen of Navarre, the Realm having been vacant above four Months. And until that she and Count Philip her husband should come and take possession of the Realm, they declared the Regent and Viceroy Don john Corberan of Leet, Standard bearer of the Realm, and john Martin's of Medrado. Lo here a Parliament of the Estates of Navarre, summoned by themselves, without a King, determining the Right of succession to the Crown, appointing a Vicegerent, and prescribing such an Oath and Articles to their king, as you heard before. y Gen. Hist. of Spain, l. 14. p 479. l. 15. p. 539. Anno 1331. king Philip of Navarre, to administer justice, erected a new Court of Parliament in Navarre, which was called New, to distinguish it from the old; HE AND THE THREE ESTATES of the Realm NAMING MEN WORTHY OF THAT CHARGE. Queen jane and Philip deceasing, their son Charles the second, surnamed the Bad, for his cruelty and ill manners, was called by the three Estates of Navarre to Pampelone, and there crowned in their Assembly after the manner of his Ancestors, swearing to observe the Laws and Liberties of the Country. After which a far * Which you may read at large, Gen hist. of Spain, l. 17. p. 625 626 stricter Oath was administered to Charles the 3. An. 1390. z Gen. Hist. of Spain, l. 14. p. 480. Anno 1325. In a general assembly of all the Estates of Arragon, Don Pedro son to the Infant Don Alphonso, was sworn presumptive Heir and Successor to the Crown, after the decease of his Grandfather and Father, the which was there decreed and practised, for that Don Pedro Earl of Ribagorca did maintain, that if his brother Don Alphonso should die before then Father, the Realm did belong to him by right of propriery, being the third brother, rather than to his Nephew the son of the second brother. In this Assembly the Articles of the general privileges were confirmed, and it was ordained for a Law, That no Freeman should be put to the Rack, and that confiscations should not be allowed, but in Cases of Coining and High Treason. a Gen Hist. of Spain, l 14. p. 483, 484, 485, 486, 493. to 498 504. Dr Beards Theatre of God's judgements. Marian● and others. Anno 1328. Alphonso King of Castille, treacherously murdering Don john the blind, his Kinsman, in his own Court, when he had invited him to dinner on all Saint's day, and then condemning him for a Traitor, confiscating his lands (a fact unseemly for a King, who should be the mirror of justice:) Hereupon Don john Manuel stood upon his Guard, fortified his Castles, revolted from the King for this his Treachery, allied himself with the Kings of Arragon and Granado, overran the Countries of Castille, from Almanca unto Pegnafield; the Prior of Saint john's, Don Fernand Rodrigues, hereupon caused the Cities of Toro, Zamora, and Vailledolit, to rebel and shut their gates against the King; and many others likewise revolted from him: At last he was forced to call an Assembly of the Estates, who gave him Subsidies to aid him in his wars against the Moors) and to conclude a peace with Don Manuel and his other discontented Subjects; whom he afterwards spoiling of their lawful inheritances, and pursuing them in their honours and lives by Tyrannous cruelty, extending his outrageous disdain even to women of his own blood, he thereby so estranged most of his Princes and Nobles from him, that they revolted from him, and joined with Mahumet king of Granado, and the Moors in a war against him, which lasted three or four years, putting him to infinite trouble, vexations and expenses, enforcing him to make a dishonourable peace with the Moors, to release the Tribute which they paid him formerly; and after much mediation he concluded a Peace throughout all the Realm with his discontented Subjects. This Prince thinking to reign more securely, had taken a course of extreme severity, showing himself cruel and treacherous to his Nobility, whereby he was feared, but withal he lost the love and respect of his subjects, so as he was no sooner freed from one danger, but he fell into another worse than the first, his Nobles holding this for a Maxim, That a Tyrant being offended will at some time revenge himself, and therefore they must not trust him upon any reconciliation, who to pacify the troubles which had grown by his own error, had made no difficulty to sacrifice (upon the people's spleen) his own Minion's, degrading, and in the end murdering, condemning them as Traitors after their death, yea, the Princes of his own blood, taking their goods, estates, and depriving the lawful Heirs, seeking to reign over free men, and generous Spirits as over beasts, entreating them as base and effeminate slaves, who might not speak their opinions freely in matters of State and Government, of which they were held dead members and without feeling. Whereupon D. Manuel and other Nobles, as men endued with understanding, reason, and not forgetting the nature of Alphonso, who was proud, a contemner of all laws, and treacherous, they proceeded so far as to withdraw themselves from his subjection by protestation and public act, and entered into a league with the King of Portugal, incensing him to take up Arms for their defence: Where upon King Alphonso having some feeling, that cruelty was too violent remedy for men that were Nobly borne, he sought by all mild and courteous means to divide them, and to draw some of them to his service, which he effected, and so more easily conquered, and reduced their companions. b Gen. Hist of Spain, l. 14. p. 506. An. 1337. was founded the Town of Alegria of Dulanci, in the Province of Alava, and many Villages thereabout, the which obtained from the King the privileges and Laws of the Realm, whereby the inhabitants should govern themselves, with liberty to choose their own judges. c Gen. Hist. of Spain, l. 15. p. 532 to 576. Don Pedro the first, king of Castille, surnamed the cruel, most tyrannically murdering and poisoning divers of his Nobles and subjects without cause, banishing others, quitting Blanch his espoused wife within three days after his marriage, to enjoy the unchaste love of Donna Maria de Paedilla, by whom he was enchanted, which much troubled the whole Court; divorcing himself without colour, by the advice only of two Bishops, without the Pope's assent, from Blanch, and marrying Jane of Castro in her life time; Hanging up divers Burgesses of Toledo causelessly, for taking the Queen's part too openly, and among others a Goldsmith's son, who offered to be hanged to save his father's life; causing his own brother Don Frederick, and divers Nobles else to be suddenly slain, Anno 1358. poisoning and murdering likewise divers Noble Ladies, among others Don Leonora his own Aunt; after which Anno 1360 he murdering two more of his own brethren, executing divers Clergy men, and Knights of Castle, banishing the Archbishop of Toledo, putting divers Jews (as Samuel Levy his High Treasurer, with his whole family) to death, to gain their Estates and causing his own Queen Blanch to be poisoned, after she had long been kept prisoner by him. Anno 1361. Hereupon his cruelties, rapines and murders growing excessive, and the Pope's Legate denouncing him an utter Enemy to God and man, Henry Earl of Transtamara, his brother, with other Fugitives getting aid from the King of Navarre, entered Castille with an Army, where by the Nobles importunity he took upon him the title of King of Castille and Leon; which done, the whole Kingdom (long oppressed with D. Pedro his Tyranny) immediately revolted from him, so that in few days Henry found himself King of a mighty great kingdom, almost without striking stroke, the people striving who should first receive him, such was their hatred to the Tyrant Pedro: who being doubtful what to do, fled with two and twenty Ships out of his Realm to Bayon, craving aid of the English to revest him in his Kingdom; mean time king Henry assembling the Estates at Burgon, they granted him the tenth penny of all the Merchandise they should sell in the Realm, to maintain the wars against Pedro; who getting aid from the English upon conditions, accompanied with the valiant Black * See Mr. Soldens Titles of Honour, part. 1 chap. 8. pag. 165. to 171. Prince of Wales, entered with a great Army into Spain, where the Prince writing to Henry, voluntarily to resign the Crown to Pedro his Brother, to avoid the effusion of Christian blood; he made answer, That he could not hearken to any accord with him, who had against the law of nature taken delight to murder so many of the blood Royal and other great personages of Castille, who had no respect of the Laws of the Country, and much less of God, falsifying his Oaths and promises, having no other rule in his actions, but his Tyrannous passions. Whereupon, battle being joined, Henry was conquered, and Pedro restored; But he discontenting the English and others, who had reseated him in his Kingdom, by his insolency and Tyranny, and the Biscaniers refusing to be under the command of strangers, whom they would never consent to be put in possession of their Country; and withal falling to his former cruelties, and courses contrary to the advice of his friends and Astrologers; he so estranged the hearts of all from him, that the English returning, and Henry receiving new forces from the French, entered Castille, suddenly, and conquered the Tyrant; who being betrayed into King Henry his hands as he was taking his flight by night, King Henry stabbed him with dagger in the face, and at last getting him under him, slew him with his dagger for his excess and tyranny, Anno 1368. and reigned quietly in his steed. I might prosecute and draw down the Histories of all the Spanish Kings and Kingdoms from his days till this present, which are full fraught with precedents of this nature, to prove all the Kings of Spain inferior to their Kingdoms, Assemblies of the Estates, Laws, resistible, deprivable for their Tyrannies; but because those who desire satisfaction in this kind, may read the Histories themselves more largely in the general History of Spain, in Joannis Pistorius, his Hispaniae Illustratae, (where all their chief Historians are collected into several volumes:) and in Meteranus and Grimstons' Histories of the Netherlands: I shall for brevity sake pretermit them altogether, concluding with one or two brief observations more touching the Gothish and Arragonian Kings in Spain, which will give great light and confirmation to the premises. First, for the Ancient Kings of the Goths in Spain, b Lib. 2. c. 〈◊〉. l. 4. c. ●5. Aimoinius, c 〈…〉 belli & pa●is, l. 1 c 3. sect. 11 p. 8. and Hugo Grotius out of him, (d) Vandal. 1. Grotius, ibid. confess; that they received the Kingdom from the people, revocable by them at any time; and that the people might depose them as often as they displeased them; and therefore their acts might be rescinded and nulled by the people who gave them only a revocable power: which the premised Histories experimentally evidence: such likewise were the Kings of the Vandals, removable at the people's pleasure as Procopius writes: such the Kings of the e 〈…〉. Goth. 2. Heruli, f Excerpt. Dionis, & Grotius. De jure Be●li. l. 1. c. 3. Ad notata sect. 11. p. 72. Quadi, jazyges, g Paulus Wiarnafred l. 4. & 6. lombards, h Ammiannus lib. 28. Loan cousin 〈◊〉 Burgundians i joan, Leo li. 7 Moldavians, k General History of Spain l. 7. to 20. passim. Africans, the l Moores in Spain, the m Solinus l 13. Grotius de jure Belli l c. 3. sect. 9 p 57 two annual Kings of Carthage, the n Tacitus de mor. Germ Grotius Ibid. Dionis. Hal l. 2 & 5. ancient German Kings the Kings of Sparta; and most other Kings of Greece, as Historians and Authors of best credit relate. Secondly, for the Kings of Arragon, and original constitution of the Kingdom, I find this memorable passage in Hieronymus Blanca his Rerum Arragonensium Commentarius, pag. 586. 587. 590. & 72●. 724. in the third Tom, of joannis Pistorius his Hispaniae illustratae, Sancho the fourth King of Arragon dying without issue, the Estates and people advising together what course they should take for their security and future good administration of the Commonweal, about the year of our Lord, 842. elected twelve principal men to whom they committed the care and government of the Republic during the Inter-regnum These because they were very ancient men, were called Elders, from whence those who by birth are styled Rici-men, drew their original; And this manner of governing the Commonwealth continued long: But the great incursions of the Arabians pressing them, they imagined it would not continue firm and stable: Yet notwithstanding, taken with the sweetness of Liberty, they feared to subject themselves to the Empire of one man; because verily they believed that servitude would proceed from thence. Therefore having considered and rightly pondered all things, and reasons, they made this the result of all their Counsels; that they should consult with Pope Adrian the second, and the Lombard's; what course they should take by their advice, which should be most meet for the perpetuating of the Empire: to whom, as reports go, they returned this answer. That preordaining certain Rights and Laws, ratified with the previous religion of a cautionary oath, they should set up one King over them; but yet should reject a foreign Dominion; and that they should take heed, that he whom they adopted to be King, should be neither of the superiors, nor inferiors; lest, if superior he should oppress inferiors, or lest, if inferior, he should be derided by superiors; To which counsel and sentence they submitting, founded that ancient Suprarbian Court: For according to the answer given, all decreed, That they ought to elect one man excelling in virtue for their King; But yet, lest the pleasure of Kings, like as in other Princes, should likewise even among us become Laws, they first of all enacted some Laws by which they might heal this inconvenience. These Laws they afterward called the Suprarbian Court, which we should largely prosecute, but through the injury of time, the knowledge of them is buried, and some fragments of them only are extant, observed by Prince Charles himself, and some other Writers, which we shall verily remember; because they are as the first elements of our Republic, and contain in them, the institution of the Magistrate of the justice of Arragon, which is the chief thing of our institution; therefore in the beginning of that Court it was provided, that the King which should be, since the Kingdom, lately taken from the Moors, was freely and voluntarily conferred on him, should be bound both by the Religion of an Oath, as likewise by the force and power of Laws, to observe the Laws and Liberties of the Kingdom; Now the Laws were these, Govern thou the Kingdom in peace and righteousness, and give us better Courts of justice. The things which shall be gained from the Moors, let them be divided not only between the Rich-men, but likewise between the soldiers and infantry; but let a stranger receive nothing from thence. Let it be unlawful (or a wicked act) for the King to enact Laws, unless it be by the advice of his Subjects first given. Let the King beware, that he begin no War, that he enter into no Peace, conclude no Truce, or handle any other thing of great moment, without the concurring assent of the Elders. Now lest that our Laws or Liberties should suffer any detriment, Let there be a certain middle Judge at hand, to whom it may be lawful to appeal from the King, if he shall wrong any one, and who may repel injuries, if peradventure he shall offer any to the Commonweal. With these Laws therefore and sanctions, those our Ancestors confirmed the enterprise of new moulding and reforming the Commonwealth: But verily this was the chiefest garrison for to retain their liberty, whereby they ordained the Presidentship of a middle judge; placing the power in such sort in the King, that the temperating of it should be in the middle judge: out of which things, the moderate and musical state of the Commonweal which we enjoy, is moulded and made up. For from the very beginning of things even to these later times, we see by force of this intermediate Magistrate, and by the goodness and clemency of most peaceable Kings, that both our pristine liberty, and ancient Privilege hath been always retained, and due loyalty and reverence to the King's Majesty, observed: Neither hath the Kingdom only emplored the help of this Magistrate against Kings, but the Kings themselves ofttimes against the Kingdom; by which means, many intestine evils have been appeased without any tumult, which unless they had been civilly suppressed, seemed verily to have been likely to have broken out to the common destruction of all men; so as we may rightly affirm, that in this alone, the sum of preserving civil concord both to Kings and the Kingdom hath consisted. This Magistrate was at first called THE JUSTICE MAYOR; afterwards assuming the name of the Kingdom itself, it was called THE JUSTICE OF ARRAGON: By these (formentioned) prescribed Laws, the will of him who desired to be King of Arragon, was wholly to be directed and form; and unless he would first suffer his faith to be obliged in most strike bonds for keeping of them, any future soliciting was to be preposterous. Having therefore laid the foundations of their Country's liberty, all of them began to dispute among themselves about electing a King: to which end, they all assembled together at Arahvest to choose a King; where they were suddenly besieged by the Arabians: which Junicus Arista King of the Pompelonians hearing of, came with an Army and rescued them; whereupon they elected him for their King with unanimous consent, and calling him unto them, showed him the Laws they had pre-established; one whereof, concerning the middle Magistrate, seemed most hard unto him: But having more diligently considered the matter, and that they voluntarily offered him the Kingdom gained from the enemies; He not only ratified the Laws themselves, but likewise added this new Law, or privilege to them: * Si contra fora● a●t libertates reg●u●● a sepren●i in futurum contingeret, alium sive fidelem, sive in●ide●em Regem ad sciscendum 〈…〉 Reg●o aditus, 〈◊〉 That if the Kingdom should happen hereafter to be oppressed by him against the LAW, (justice) or Liberties, the Kingdom itself should have free liberty to elect another King, whether a Christian or an Infidel; which clause of an Infidel King, they refused to have bestowed on them, because they judged it shameful and dishonourable: After which junicus taking an oath to observe the former Laws, was advanced to the Throne and made King of Arragon about the year 868. Moreover, to establish all these Laws and Constitutions, our Ancestors themselves adjoined the accession of a public Union; ordaining, that it should be lawful and just for them, to meet all together, ET RE 〈◊〉 OBSISTERE ARMIS ET VI, and to resist the King with arms and force, as oft as there should be need to propulse any assault of him or his, made against the Laws; which form of assembling together for the common cause of liberty, they called a Union; (or Association:) Neither did they anciently less think all their Liberties to be preserved by this Union, then humane bodies themselves are by nerus and bones. And although it were not prescribed in that Suprarbian Forum, yet they thought it deduced from the very beginnings of things, and deeply fixed and impressed in the sense of all men, and to be established by our common Law, as by another Law of Nature, and that its force was enough and more than sufficiently known and discerned by use and reason. For they said, it would be but a thing of little profit for them, to have good Laws enacted, and the very judiciary Presidentship of a middle judge, if when there should be need, AD EARUM DEFENSIONEM ARMA CAPERE NON LICERET, cum jam tunc satis non esset pugnare consilliis; it should not be lawful for them to take up Arms in their defence, when as then it would not be sufficient in such a case to fight with Counsels. Neither verily did that seem altogether impertinent from the matter, for if it should be so, all things long ere this had been in the power of Kings themselves. Whence our people reputed these two privileges of the Union obtained from Alphonso the 3. (to wit, r See joannis de Laet Hispan. Deser. p c. 5. p. 107. That it shallbe lawful for the Estates of the Realm, if the King shall violate the Laws of the Country, To create a new King in his place; and without the crime of Treason, to make confederacies among themselves, and with Neighbour Princes To defend their Liberty; which King Ferdinand, upon the petition of the Castilians, refused to revoke, because he had taken a solemn Oath to observe them.) not as new favours or benefits, but as things done out of Office, etc. Therefore in those ancient Rulers of which we treat, the Liberty of our Country was hedged about by our Ancestors with three most strong fences; namely, with the Prefecture of this middle judge, with the most ample power of the Rici-men (or Palatines) and with this most fierce force of the Union; of which the first seemed to be Legal and civil; the other domestical and of greatest moment; the last warlike and popular. Neither ought it then to be enclosed with a lesser hedge, that so we might rejoice, that it hath thereby come safe & sound to us now. But of these garrisons or fences the ancient inventors of them, and those who next succeeded them, conferred more assistance and labour upon the two last, namely the domestic and popular, then on that Court presidentship: For they would always retain in themselves a power of moderating and governing the most loose reins of the Royal Dignity, which they might restrain or enlarges as there was need. s Pag. 664, 665, 667, 716, to 812. The fore they assigned those 12 elders to him elected out of the greatest men, by whose Counsels the Kings ought to be hedged in on every side: the place of which Elders, the Rici-men afterwards possessed; who were the chief of our Nobles; who in times past were second to the Kings in such sort, that they might seem to be their Peers and Companions. These called that public union to the aid of Liberty, and out of them were chosen those who should always be the prime and principal conservators of it: for thus they called the precedents of the Union. Finally, they sustained on their necks all the Offices and burdens of peace and war, if not with the same power as the Kings, yet I may truly say with very little less; for the Rici-men, as long as they flourished, relying on the Forces of the Union, did always hover over the Royal Empire, and by the entire power of their offices, if the violence or assaults of Kings were unjust, did from inordinate reduce them into order, and as it were into a circle of Law and justice. In which thing verily their grave censorious and domestical authority had sufficient tied and moment with our ancient Kings, who were well mannered: but if peradventure they could not with their fitting counsels bridle the exulting royal Forces, they did constantly repel them from their necks with the force of the raised Union. Thus and much more this Spanish Author, in whom you may read at large the Power and Authority of the justice of Arragon, of the General Assembly of the Estates or Parliaments of that Kingdom, of their Rici men, Peers, Magistrates, Councillors, and in joannis de Laet. his Descriptio Hispaniae, cap. 5. cite. joannis Mari. and De Rebus Hisp. l. 8. c. 1. & Gen. hist. of Spain, l. 17. p. 618. To which I shall only add this most notable custom and ceremony used at the Coronation of the Kings of Arragon, recorded (r) t Quaest. 3. p. 162, 163. by junius Brutus, (r) (v) Franco. gall. c. 10. p. 75. 76. De jure Magist. in subditos, p. 282, 283. Franciscus Hotomanus, and others. The Arrogonians when as they create and crown their King in the Assembly of the Estates (or Parliament) of Arragon, to put the King in mind, that the Laws, the justice of Arragon, and Assembly of Estates are above him, act a kind of Play that he may remember it the better: they bring in a man on whom they impose the name of the justice of Arragon, whom by the common Decree of the people, they enact to be greater and more powerful than the King: to whom, sitting in an higher place, they make the King do homage; and then having created the King upon certain Laws and conditions, they speak unto him in these words, which show the Excellent and singular fortitude of that Nation in bridling their Kings: NOS QVI VALEMOS TANTO COME VOS, Y PODEMOS MAS QVE VOS, VOS ELEGIMOS REY, CON EST AS Y EST AS CONDITIONES INTRA VOS Y NOS VN QVE MANDA MAS QVE VOS: that is, We who are as great as you, and are able to do more than you, have chosen you King upon these and these conditions: Between you and us there is one greater in command than you; to wit, the justice of Arragon; Which Ceremony (lest the King should forget it) is every three years repeated in the General Assembly of the States of Arragon; which Assembly the King is bound by Law to assemble, it being a part of the very Law of Nations, which sacred Liberty of Parliaments, and Assemblies if any Kings by evil arts restrain or suppress, as violaters of the Law of Nations, and void of humane Society, they are no more to be reputed Kings, but Tyrants, as Hotoman hence determines. I have now given you some what an over large account of the two * See Mr. Seldens Titles of Hon. par. 1. c. 8. sect. 6. p. 256. to 271. greatest and most absolute hereditary Kings in Christendom, France and Spain, and, proved them to be inferior to the Laws, Parliaments, Kingdoms, People, out of their own Authors and Historians: in which points, if any desire further satisfaction, I shall advise them to read but Junius Brutus his Vindiciae Contra Tyrannos, De jure Magistratus in ●ubditos, and Francisci Hotomani his Franco-Gallia; and Controvers. Illust. for France: joannis Mariana, de Rege & Regum Instit. l. 1. with his History of Spain, Hieronimus Blanca, Rerum Arragonensium Commentarius, joannis 〈◊〉 Laet Hispaniae descrip. c. 5. & Vasquius, Contr. illust. for Spain, at their leisure, and then both their judgements and consciences will be abundantly satisfied herein. I shall now very cursorily run over other foreign Kings and Kingdoms of less power and Sovereignty with as much brevity as may be. For the Kings of Hungary, Bohemia, Poland, Denmark, Sweden, as they have been usually, and are at this day for the most part, not hereditary, but merely ellective by the Nobles and people; so their Laws, which they take an Oath inviolably to observe, and their Parliaments, Nobles, people, are in Sovereign power and jurisdiction paramount them, as much almost (if not altogether) as the State of Venice is above their Duke or the States of the Low Countries superior to the Prince of Orange; and may upon just occasion not only forcibly resist them with Arms, but likewise depose (if not adjudge them unto death) for their Tyranny, as v Common-weal, l. ●. c. ●0. l. 2 c. 5. john Bodin, the Histories of Hungary, Poland, Bohemia, Denmark, Sweden, junius Brutus, De jure Magistratus in Subditos, Munster in his Cosmography, and those who have compiled the Republikes of these Realms attest; who further evidence, that most of these Realms have sometimes elected them Kings, other times only Dukes, and made their republikes, Principalitis, Dukedoms or Kingdoms at their pleasure. To give only some brief touches concerning these Realms and their Kings. Hungary. THe Kings of Hungary are merely elective by the States and Senators, in their Parliaments or assemblies of the Estates, without whom they can neither make Laws, impose Taxes, leavy War, nor conclude Peace; and the grand Officer of the Realm, to wit the great Palatine of Hungary (who hath the chief Command both in Peace and War, and power to judge the King Himself in some cases) is elected only in and by their Parliaments, as the x Rerum Vnga●ica●um Scriptores, Nicho●●us ●sthuan●●● de ●ebus Vngarie. Hist. l. ● p 84, 85. ●od. n. de Reg. l. 1. c. 10. 〈◊〉; Decades rerum Vngar carum, Mun●t Cosmog. l 4 c. 4 18. 9 Respub & slatus Hungariae, An. 1634. De I●re M●gist. 〈◊〉 Subditos. Marginal Writers manifest at large. For their Realms and people's deportment towards their ill Kings (since they became Christians) when they have degenerated into Tyrants, and otherwise misdemeaned themselves; take this brief Epitome. Peter the second Christian King of Hungary, growing very insolent, Tyrannical, and lascivious, ravishing maids, matrons; in the third year of his reign all the Nobles and people thereupon conspiring together, deposed and banished him the Realm, electing Alba in his place; who growing more insolent and Tyrannical than Peter, was in the third year of his reign slain in war, and Peter restored to the Crown: who proceeding in his tyrannies, sacrilege, and cruelty, he was the third year after his restitution, taken prisoner by his subjects, his eyes put out, and imprisoned till he dy●d. Solomon the fifth King of Hungary, was twice deposed and thrust out of his Kingdom, first by King Bela, next by King Gysa, elected Kings by the people's general consent and acclamation; after whose death the Hungarians refused to restore Solomon, and elected Ladislaus for their King; whereupon Solomon became an Hermit, and so died. Ladislaus dying, left two sons, Almus the younger, whom they elected King and Coloman the eldest, to whom Almus out of simplicity surrendered the Crown, because he was the elder brother, whom he would not deprive of his primogeniture; but repenting afterwards, by the instigation of some of his friends, he raised war against his brother: But the Hungarians to prevent a civil war and effusion of blood, DECREED, that these two brethren should fight it out between them in a single duel, and he who conquered in the duel, they would repute their King; Which Combat Coloman being purblind, lame and crookbacked, refused; after which Coloman treacherously surprising his brother Almus, contrary to agreement, put out his and Bela his son's eyes, and thrust them into a Monastery. King Stephen the second son of Coloman, refusing to marry a wife, and following Harlots, the Barons and Nobles grieving at the desolation of the Kingdom, provided him a wife of a Noble family, and caused him to marry her. After which making a war to aid Duk-Bezen z john de Th●●recz. Hungar. Chron. c. 36●, p. 71. without his Nobles consent in which Bezen was slain: the Nobles of Hungary assembling themselves together in Council, said: Why, and wherefore die we? if we shall claim the Dukedom, which of us will the King make Duke? therefore let it be decreed that none of us will assault the Castle, and so let us tell the King, Because he doth all this without the Council of his Nobles: They did so, and added further, that if he would assault the Castle, he should do it alone; but we (say they) will return unto Hungary and choose another King. Whereupon, By the Command of the Princes, the Heralds proclaimed in the Tents, That all the Hungarians should speedily return into Hungary: wherefore the King when he saw himself justly deserted of his subjects aid, returned into Hungary. Stephen the third coming to the Crown, did nothing without the Authority and advise of the Senate. Stephen the fourth son of Bela usurping the Crown, was soon after expelled the Kingdom. Emericus being elected King, was very likely to be deprived by the Nobles and people for his slothfulness, but that he appeased them with good words and promises. King Andrew going to Jerusalem, his Queen, Elizabeth, in the mean time delivered the Wife of Bauchan a Nobleman, being very beautiful to her brother who doted on her, to be abused, which Bauchan hearing of, slew the Queen: the King upon his return examining this business, acquitted Bauchan, and judged her murder just, being for so lewd a fact. Ladislaus the fourth, giving himself to all effaeminacy, luxury, and Harlots, became odious to his Barons, Nobles, People, for which he was excommunicated by Firmanus the Pope's Legate, that he might live Christianly and Chastely; but he reforming not, was soon after (in the year 1●90.) slain by the Cumans and his Kingdom infested with civil wars. Marry the daughter of K. Lewes, being received as Queen by the Hungarians for her father's merits, after his decease, being yet young, was married to Sigismond, who was admitted into partnership in the government of the Realm, and being governed by her mother and Nicholas de Gara, who persuaded them to carry a strict hand over the Nobles of the Realm, which they did: thereupon the Nobles seeing themselves despised, sent for Charles King of Naples into Hungary; forced Mary and her Mother to resign their rights to the Crown, and crowned Charles King at Alba Regalis. When he was crowned the Bishop of Strigonium, according to the custom, demanded of the people thrice, with aloud voice; Whether it were their pleasure that Charles should be crowned King? who answered, Yes: which done he was crowned, and soon after murdered by the two Queen's treachery; Who were shortly after taken prisoners by john de Horrach, governor of Croatia; the Queen Mother Elizabeth drowned, Queen Mary kept prisoner, and at last released upon oath given, not to revenge her Mother's death: who contrary to her oath caused Hornach, and 32. Nobles more to be beheaded by Sigismond her husband, whose kindred and children thereupon conspired against King Sigismond, took and detained him prisoner Anno. 1401. till they should proceed further against him, and in the mean time the Nobles of Hungary elected Ladislaus King of Apulia for their King, and at last deposed Sigismond for his misgovernment, cruelty, love of women. After a See Grimstons Imperial History, p. 606 Chytraeut Chron. Saxoniae. Sigismonds' death, the Nobles and people were divided in the choice of their King; one part electing and crowning Vladislaus King of Poland, the other party Ladislaus an infant, for their King: but Vladislaus his party prevailing, he was not long after slain in a battle against the Turks; and the government of the Realm committed to that Noble Soldier Huniades, during the Minority of Ladislaus, who at his ripe age, was received and declared King by all the Hungarians. Ladislaus deceasing, the Hungarians elected the Emperor Frederick King, who delaying to come and take the election, they thereupon chose Mathias King, who enjoyed the dignity, notwithstanding the Emperor's opposition. Anno. 1608. Mathias King of Hungary denied the Protestants in b Grimston Imp. Hist. p. 730. 731. Austria free exercise of their Religion, they thereupon were forced to take up Arms, and assembling together at Horn made a Protestation, and sent to the States of Hungary requiring them to assist them with the succours that were promised by the offensive and defensive league: after which they obtained a peace, and part of what they demanded. c Grim. p. 739 Anno 1613. In an Assembly of the Estates of Hungary, the differences concerning the defence and Militia in the borders of Hungary against the Turk were ordered and settled. And d Grim. p. 748. An. 1618. After many slow proceedings, they elected Ferdinand of Bohemia for their King of Hungary; but with these conditions, That he should Religiously observe, and cause to be immovably observed all the Liberties, Immunities, Privileges, Statutes, Rights and Customs of the Kingdom, with the Conclusions and Freaties of Vienna, and all the Articles comprehended therein, and all other concluded both before and after the Coronation of the Emperor's Majesty, in the years 1608. and 1609. Which Articles being ratified by the Emperor under his Letters Patents, they proceeded to the Coronation, according to the accustomed manner. Such is the Sovereign power of the States of Hungary to this very day. And in one word, so odious were e Saxagr●uma ●icus Danicae Hist. l. 8 p. 140 Tyrants anciently to the Slavonians and Hungarians, that by a public Law of their Ancestors, he who slew a Tyrannical King, was to succeed him in the Kingdom. Bohemia. For the Kings and Kingdom of Bohemia, M. Paulus Stranskius in his Respublica Bohemiae. c. 5 & 12. informs us out of the Fundamental Laws of Bohemia f See Bartholdus Fontanus Bohemiaepiae l. 5. 6. & Pauli Geschinii Majestas Caroli●●●. That the power of the Kings of Bohemia, who are Elected by the general Votes of the States, is so far restrained in that Realm, that they can determine nothing concerning the Kingdom or great Affairs of the Realm, but in their Parliaments, or general Assemblies of the Estates, by the general consent of the people; which are Summoned by the king himself and held (just like our Parliaments) in the king's Regency, and during the Interregnum by the Senate of the Realm, as often as there is occasion; there being this clause in the Writ of Summons; That whether all those who are summoned come at the day or not, the king with those who appear, will proceed to decree what shall be just and benefical for the Republic, and that those who neglect to appear shall be bound thereby; all Laws and Acts are therein passed by public consent. The king cannot alien or mortgage any of the Crown Lands, nor release not diminish the revenue: & Liberties of the Realm, nor promote any strangers to the custodies of Castles or public functions; impose no Taxes, charges; nor altar the ancient manner of the Militia of the Realm, nor make war or peace, without the Parliaments advise and consent. And f Pauli Stransbii. Respub. Bohemiae c. 5. Sect. 14. 15. p. 174. 175. 178 179. before the king is Crowned, the Burgrave and Nobles, in the Name of all the Realm, demand of him to confirm and ratify both with his especial Charter, and public Oath, the Ancient and laudable Privileges, Immunities, Liberties, Rights, Laws, Customs, and Institutions, as well private as public, of all and singular the inhabitants of the Realm, and to govern them according to the rule of the Laws after the example of his predecessors kings of Bohemia. Which done, he seals and delivers them a special Charter, takes such a solemn Oath, and then is Crowned upon these Conditions. The g Munst. Cosm. l. 3 c. 492. 499. Burcholdus Pontanus Bohemiae Piae. l. 1. 2. Archbishop of Prague after the Litany ended, demands of the king, kneeling on his knees: Wilt thou keep the holy faith delivered to thee from Catholic men, and observe it in just works? He answering, I will: He proceeds, and saith: Will't thou Govern and defend the Kingdom granted thee from God, according to the Justice of thy Fathers? He answers, I will, and by God's Assistance promise that I will do and perform it by all meanus. After this kneeling on his knees, the Archbishop holding the New Testament open, and the Burgrave reading the words first; the king takes this Oath in the Bohemian tongue. We swear to God (the mother of God and all Saints) upon this holy Gospel, that we will and aught to keep immovably to the Barons, Knights, and Nobles, also to those of Prague and the other Cities, and to all the Commonalty of the Realm of Bohemia, the Institutions, Laws, Privileges, Exemptions, Liberties, and Rights, and also the ancient, good and laudable customs of the Realm; * Gen. Hist. of Spain. l. 17. p. 626. and not to alienate or mortgage any thing from the same Kingdom of Bohemia, but rather to our power to augment and enlarge it; and to do all things which may be good and honourable to that Kingdom: So help me God (touching the book with two of the fingers of his right hand) and all Saints. (The Kings of Navarre take the like Oath.) How h Paulus Strans. Repub. ●ohem. c. 6. de Principibus Regibusque 〈◊〉. this Realm hath been altered from a Principality to a Dukedom, and from it again to a Kingdom, having sometimes Kings, sometimes Dukes, both elected by the free choice of the Estates, to whom they were inferior in Sovereign power, accountable for their misgovernment, and removable from their Throne: you may read in the h 〈◊〉 pontanus qua. marginal Authors. Not to mention the Bohemians deposition of Libussa a Noble Virago, who governed them for a season, reputing it a dishonour to the Nation to be ruled by a woman, and electing Przemys●●s for their Prince; their deposition and banishment of Prince Borzinegius, because he became a Christian, and renounced their Pagan Religion, though they afterwards twice restored him: Of Boleslaus Rufus, of Borzinogius the 2. thrice deposed banished by the Nobles and people, or Sobe●slaus, and other Princes. Wladislaus first King of Bohemia in his old age, by the assent of the Estates associated his son Frederick (Anno 1173) with him in the Regality. Henry King of Bohemia using the Council of the Germans rather than the Bohemians, and looking more after his own private gain then the Kingdoms, was deposed in a general Assembly of the Estates Anno 1310. and the son of the Emperor Henry the 7th. chosen King, upon this condition, if he would marry the youngest daughter of King Winceslaus. King Wenceslaus the drunken, for his drunkenness, negligence and cruelty, was twice imprisoned and severely handled by his Nobles, and upon promise of amendment, restored to his liberty and dignity: in his and Sigismond his successors reigns * See Aeneas Silvius Hist. Bohem Fox Acts and Monuments vol. 1 p 848. to 852. Pontanus Bohemiae piae, l. 1. 2. Zizca and the Taborites in defence of their Religion against the Popish party, who most unjustly against their promise and safe conduct, caused John Hus, and Jerome of Prague to be put to death, waged great wars and obtained many victories against the King and Emperor, and gained free liberty of professing their religion publicly much against the Pope's good will; which liberty they have ever since maintained by the sword, both against the Popish Emperors and Kings, by means of which civil wars, the kingdom suffered some Interregnums. During the Minority of king ●c Ladislaus, Anno 1439. this kingdom was governed by two Precedents, appointed by the Estates. i Grimstons' Imperial Hist. p. 735. Anno 1611. the Emperor Rodulph being willing to settle the kingdom of Bohemia on his Brother Mathias in an assembly of the States of Bohemia called for that purpose, the Estates thereupon drew many Articles which Mathias was to swear to, before his Coronation, with 49. Articles of complaints and grievances for which they craved redress: and the inhabitants of Prague required the confirmation of 8. Articles, which concerned the private Government of their City: All which the Emperor and Mathias were constrained to Grant and swear to, before they would admit Mathias to be their King; who had nothing in a manner but the Title, some of the flowers of the liberty of the Crown, being parted with by his assenting to these Articles. k Grimstons' Imperial Hist. p. 744. 745. Anno 1617. Mathias resigning the Crown of Bohemia, and renouncing his right thereunto, recommended Ferdinand Arch. Duke of Austria, to them or his successor. The States would not admit him king but upon Conditions, the which if he should infringe, The States should not be bound to yield him Obedience. Moreover it was added, That he should confirm: to the States before his Coronation, to maintain all the Privileges, Charters, Immunities, Municipal Rights, Constitutions and Customs, of the Realm and people, as the Emperor and his predecessors had done, by his Oath, and Charter in Writing. All which assented to, he was proclaimed and crowned king. Soon after the Archbishop of Prague causing some of the Protestant Churches to be ruined, and those who complained of it to be put in prison; and plotting the extirpation of the Protestant Religion, through the Jesuits instigation, contrary to their Liberties and the Provincial constitution; hereupon the Protestant States of Bohemia assembled at Prague, fortified the Town, binding the three Towns of Prague to them by an Oath; entered into a solemn League, promising to fight against the Common enemies of God, the King and Religion, and in that cause to live and die: to which end they levied a great Army; banishing the Jesuits out of Bohemia, as the Authors of all the miseries which had happened in that Realm, and many other Realms and States of Christendom, and inciting murderers to kill Kings who would not live after their manner, and meddling with affairs of State, and who had drawn the whole Country into the hands of certain perfidious Catholics, by whose practices the Country was in danger of ruin. For which causes they banished them for ever out of the Realm of Bohemia, enjoining them to depart within 8 days, never to return. After this, the Protestants hearing that the Emperor and Popish party raised Forces against them, possessed themselves of many Towns and places within the Realm, and raised two Armies; All the Protestant Princes and States of Germany. Moravia and Silesia (except the Elector of Saxony) assisted them with men, money or Council, publishing a Declaration to justify their action, being for the Common cause of Religion, the● endangered. The Prince of Orange and States of the united Provinces promised them assistance of men and money, other Protestant Princes and the Protestant States of Lower Austria, did the like. The Protestant Armies after this had many victorious encounters with the Imperialists and Popish Forces, and took many Towns. King Ferdinand in the mean time, being newly chosen Emperor, the States of Bohemia being assembled together at Prague, which the Deputies of the incorporated Provinces, Anno. 1619. Concluded and protested by Oath, never to acknowledge Ferdinard for their King who had violated his first Covenants; resolving to proceed to a new Election; and on the 26. of August Elected Frederick the Prince Electer Palatine of Rhine to be their King; who accepted the dignity, & was afterward Crowned king accordingly. After which the States of Bohemia in sundry Declarations justified their rejection of Ferdinand, their Election of Frederick, and his Title to be just and lawful, with their precedent and subsequent wars in defence of Religion. Yea Frederick himself by sundry Declarations maintained his own Title: and the lawfulness of these wars; which passages and proceedings being yet fresh in memory, and at large related by Grimston in his m Page 745. to 250. Imperial History, I shall forbear to mention them. By this brief account, you may easily discern the Sovereign power of the Realm and States of Bohemia over their kings and Princes, most of the n Pauli Strankii Resp. Bohem. c. 10. 13. 14, 15. great Offices of which Realm are hereditary, and not disposable by the King, but States who Elect their Kings themselves, and their greatest Officers too. Poland. For the Kings and Kingdom of Poland. o See Munst. Cosmog. l. 4. c. 2. 4. 5. Martinus Chromerus in his Polonia lib. 2. De Republica et Magistratibus Poloniae, informs us; that the Princes and Dukes of Poland, before it was advanced unto a Kingdom, and the Kings of it ever since it became a Realm, were always elected by the chiefest Nobles and States, unanimous suffrages; That after the Kings of Poland became Christians, their power began to be more restrained than it was at first, the Clergy being wholly exempt from their royal jurisdiction: That the King cannot judge of the life or fame of a knight (unless in some special cases) without it be in the assembly of the Estates with the Senate, nor yet publicly make War or Peace with any, nor impose Taxes or Tributes or new Customs, nor alienate any of the goods of the Realm, nor yet do or decree any greater thing pertaining to the Commonwealth without the Senate or Parliaments assent. Neither can he make new Laws, nor publicly command money in an extraordinary manner, nor coin money, nor nominate a Successor not with the Senate, without the consent of the Nobility, whether of Knights or gentlemen's Orders; By, or out of whom all public Magistrates and Senators almost are chosen: so as now the sum or chiefest power of the Republic is residing in them. So that the Kingdom and Republic of the Polonians doth not much differ in reason from that of the Lacedæmonians in ancient times, and of the Venetians now. An Oath is exacted of the new King when he is crowned, to this effect. That he shall reign according to the Laws and institutes of his Predecessors; and will safely conserve to every order and man his right, privilege, and benefit, confirmed by former Kings; nor will he diminish any of the borders or goods of the Realm, but will according to his power recover those that are lost from others: After all which the Senate swear fealty to him, etc. The Revenues, Tributes, and Customs of the King are all reduced to a certainty; the Nobles & Clergy are exempted from Taxes. The king by the Laws of King Alexander, is prohibited to alien to any one the Lands of the Crown. No new Laws can be made, nor old ones repealed but by the king, Senate and Nobles assembled in Parliament. And because there is wont to be in highest power, a slippery and ready degree to Tyranny, certain Senators and Counsellors are adjoined to the King, who may direct his Counsels and Actions to the safety of the Commonwealth, and his judgements according to the Rule of justice and equity, and with their wholesome monitions and Counsels, may as there shall be occasion, as it were with certain living Laws, both inform his mind and moderate his power. This Royal Senate, much greater now then in times past, consists of a certain number of men, which we call the Senators or Counsellors of the REALM; who are not admitted to the Council without an Oath: and this Office is perpetual during life, having certain Honours and Magistracies thereto annexed, partly Ecclesiastical, partly Civil; It consists of 96. persons in all, some of them Bishops, others Palatines, Knights, Castellanes, and other Officers of the Realm. The Chancellor of the Realm may sign many things without the King's Privity, and may deny to seal those things which are contrary to Law, though the king command them. Most of the great Officers and Magistrates are chosen in Parliament, and cannot be displaced but in Parliament, and that for some great offence. Their Parliaments or General Assemblies of the States are held (much like ours) once every year at least, and some times every fifth or sixth month, if there be occasion; and then they are kept constantly at one place, to wit at Petricow, or Warsavia in the midst of the Kingdom, unless it be upon some extraordinary just occasion, and then the king by advice of this Council may summon the Parliament at another place. It is provided by a Law within these 20. years; That it shall not be lawful to the King to make a war without the assent of his Parliament and Great Council; and that the Nobles as oft as there is occasion, shall at their own costs without wages defend the borders of the Realm, yet not without the King, unless it be during the Interregnum; but they may not be compelled to go out of the Realm to any Foreign war without wages: the Soldier's wages are reduced to a certainty, and asseased by public consent in Parliament, which Orders all Military and Civil Affairs. So Cromerus. For their carriage towards their ill Kings, I shall give you only a short account. p Munst. Cosm. l 4 c 7. 10. Martinus Chrom●rus de Rebus Polonorum. Heylius Geeg. ● 378 〈…〉 Miesco their second King, being unfit to govern, a man given wholly to his belly, ease, sleep, pleasure, and governed by his Queen, thereupon most of his subjects revolted from him; and he dying, the Polonians at first for many years, refused to choose Cazimirus his Son King, lest he should follow his father's step▪ till at last after a long Interregnum, when he had turned Monk, they elected him King. Boleslaus his son, a man of a dissolute life, given to lust, and the p●st of the Realm, was excommunicated by the Bishop of Cracow for his wickedness; for which cause he slew him: Whereupon the Pope deprived him, and Poland of the Crown, and absolved his Subjects from their obedience to him, who expelled and forced him to flee out of the Realm into Hungary, where he became mad and died. My●zlaus the 10. King of Poland, exercising tyranny every where upon his people by reason of his power and allies, was deposed by his subjects, and Caz●mi●us elected King in his stead; He was three or four times deposed ●nd put by the Crown; Boleslaus who succeeded Henry, was deprived of the Monarchy; Henry was surprised and most strictly imprisoned. Boleslaus was slain by his Nobles; and Vladislaus Locktect, elected King in his stead, ravishing virgins, Matrons, and not reforming things according to promise; the Nobles hereupon assembling together An 1300. abrogated his election, as pernicious and chose Wenceslaus King of Bohemia, King in his place: And not to recite more ancient histories of such like nature, q David Chytraus, Chron. Sax. l. 23. p. 690. 693. 694 695. 696 Grimstons' Imperial history. p. 694. 695. King Henry the third of Poland was elected and sworn King upon conditions which he was to perform Anno 1574. After which he secretly departing out of Poland, without the assent of the Nobles, to take possession of the Crown of France, within 3. months after his Coronation in Poland: the Polonians sent Messengers after him to F●rrara, June 16. 1574. who denounced to him, that unless he returned into Poland before the 12. of May following, they would depose him, and elect another King: Which he neglecting, they in a general assembly of the Estates at Warsavia, deprived him of the Crown, and elected a new King: the Chancellor and greatest part of the Counsellors elected Maximilian the Emperor; Some others, with the greater part of the Nobility, desiring to have one of the Polish blood, elected Anno sister of their deceased King Sigismond, giving her for husband Stephen Battery Prince of Transylvania, and proclaimed him King. The Emperor making marry delays, Stephen in the mean time enters Poland, marrieth Anne, and is crowned King by general consent, February 8. 1576. who took this memorable Coronation Oath prescribed to him by the Nobles. I Stephen by the grace of God elected King of Poland, great Duke of Lithunia, etc. Promise and sacredly swear to Almighty God, upon these holy Evangelists of jesus Christ, that I will hold, observe, deford and fulfil in al. conditions, criticles, and points therein expressed all Rights, Liberties, Securities, privileges public and private, not contrary to the common Law, and Liberties of both Nations, justly and lawfully given and granted to the Ecclesiastickes, and seculars, Churches, Princes, Barons, Nobles, Citizens, inhabitants, and any other persons of what state and condition so ever by my godly Predecessors, Kings, Princes or Lords of the Kingdom of Poland, and of the great Dukedom of Lithuania, especially by Casimir, Lewis the great, called Joys, Vladislaus the first, called jagiello and his brother Withold great Duke of Lithuania, Vladislaus the 2. Casimyr the 3. john Albert, Alexander, Sigismond the first, and 2. Augustus, and Henry Kings of Poland, and great Dukes of Lithuania; or derived and granted from them, together with the Laws enacted, and established or offered by all the States during the Interregnum, and the pacts and agreements of my Orators, made with the States in my name. That I will defend and maintain peace and tranquillity between those who differ about Religion; neither by any means, either by Our jurisdiction, or by any authority of Our Officers or states, permit any to be troubled or oppressed, neither will we ourself injure or oppress any by reason of Religion. All things any way whatsoever unlawfully alienated, or distracted, either by war or any other means, from the Kingdom of Poland, the great Dukedom and their dominions, I will reunite to the propriety of the said Kingdom of Poland, and great Duchy of Litluania. I will not diminish the lands of the Kingdom and great Dukedom, but defend and enlarge them. I will administer justice to all the inhabitants of our Kingdom, and execute the public Laws constituted in all my Dominions, without all delays and prorogations, having no respect of any persons whatsoever. And if I shall violate my Oath in any thing (which God forbid) the Inhabitants of my Realm, and of all my Dominions of what Nation soever, shall not be bound to yield me any Obedience: Yea, I do ipso facto free them from all Faith and Obedience which they owe unto me as King. I will demand no absolution from this my Oath of any one, neither will I receive any, which shall be voluntarily offered, So help me God. To this notable Oath (an unanswerable evidence of the States of Poland's absolute Sovereignty over their Kings) this King within 4. days after his Coronation, added a confirmation of their Privileges, containing the same heads, enlarged with a few more words; which he confirmed with his solemn deed and Royal Seal, and delivered the same to the Chancellor, and Vicechancellor of the Realm to give out Copies of them, under the great Seal to all the States of the Realm; who meeting s Chytraeus Chron. Sax. l. 25. p. 765. 766. l. 27. p. 809. 810. & l. 28 29. & p. 948. 949. afterwards in a Parliament at Warsavia, Anno 1562; there was much debate about settling of the Premises, and nothing concluded. t Chytraeus Chron sax l. 28. 29. 30. Grimst. Imp. Hist. p. 698. 699. Anno 1587., the States of Poland questioned and opposed K. Stephen, for violating their Privileges, and those of Riga took up arms in defence of them; refusing after his death to repair to the Assembly of the States at Warsavia, Anno 1587. unless their Privileges might be preserved and rectified, as you may read at large in Chytraeus. King Stephen dying the Estates of Poland, and Lithuania, assembled at Warsavia, Anno 1587. where they made Laws for preserving the Peace during the Inter regnum; and enacted, that no new King should be elected, but by the unanimous consent and agreeing Suffrages of all the Estates, and that he who shall nourish factions, or receive gifts or rewards, or use any other practices about the election of a new King, should be reputed an Enemy of his Country. After which they proceeding to an Election; there were divers competitors named: and after many debates; One part chose Maximilian Duke of Austria, the other Sigismond the King of Swethland his Son, both of them upon express articles and conditions, which they both sealed and swore unto, the chief whereof were these; To preserve all their Rights, Laws, Privileges, and Immunities public or private, inviolably; To keep all former Leagues and Truces; To bestow no Offices upon strangers nor harbour any about them, (except some few Private servants) but native only, and to be conselled and advised by them alone. To maintain a Navy, Garrisons, and build divers Castles in the Frontiers at their own costs for the Kingdom's preservation; To redress all grievances, maintain the Privileges, Rights and Peace of those who differed in Religion; To procure and augment the weal, peace, Privileges and safety of the Realm; and perform all Articles mentioned in the Oaths of King Henry and Stephen; In fine, this competition coming to be determined by the sword: Maximilian was taken prisoner by Sigismond, and forced to release his right to obtain his liberty: And a Decree passed in Parliament, That no man hereafter should in the Election of the King of Poland, presume to name, or recommend any of the house of Austria to the Crown, and if any did he should be ipso facto infamous: Which decree the Emp. Rodolph desired might be abolished, as being a disparagement to that family, yet prevailed not. After which this King managed all things concerning War, Peace, and the Government of the Realm, by advice of his Parliament, as Chytraeus at large relates; and his Successors to this present have done the like, taking the Crown upon such conditions, and making such conditional Oaths at their Coronations, as Steven did at his. Denmark. For the Kings of Denmark, I have t Part 4. p. 1, 2 Henricus Ranzovius, Comment. Bellicus. l. 1. c. 3. formerly proved, That they can make no War, Peace, Laws, nor lay any impositions on their subjects, but by common consent of the Estates in Parliament; their Kings being elective by the people, and crowned Kings upon such conditions, Oaths, Articles, as their States, (in whom the Sovereign power resides,) shall prescribe unto them; who as v Common-weal. l. 1. 4. 10. l. 2. c. 5. Bodin clearly determines, have a lawful power to question, censure, and depose them for their Tyranny and misgovernment, they having no greater Authority than the Kings of Bohemia or Poland. To run over the Histories of all their ill Kings would be overtedious, for which you may peruse x Danicae. Hist. Chytr: Chron: Saxoniae, Munsteri Cosmogr. l. 4. c. 8, 9, 10, to 19 johannis Magnus, Hermoldi Chron. Slavorum, Io, Isac. Pontanus Rerum Danicorum, Hist. Saxogrammaticus & others; I shall give you in brief how some of their later kings have been handled by their subjects for their Tyranny and misgovernment. Not to mention the murders of Canutus in jutland in the very Church, or of Magnus or Nicholas, slain by their subjects; King Humblus was deprived of his Crown: and king Harold deposed by his subjects for his insolency. Suano waxing proud, Tyrannous and oppressive to his people, became so odious to them, that his Nobles adjoined Canutus and Waldemar to him in the royal government, and divided the kingdom between them; who thereupon being much displeased, slew Canutus and wounded Waldemar, being impatient of any Peers in government; for which being soon after vaquished by Waldemar, he was beheaded by the people. Able slaying and beheading his brother king Ericus, and usurping his Crown, the people rose up in arms against him, took him prisoner, and the Peasants in Frisia slew him. King Christopher spoiling Waldemar of his Dukedom of Schleswick, thereupon the Earls of Holsatia rose up in arms against him, took him prisoner, and detained him so at Hamburgh, till he paid a great ransom for his liberty. King Ericus was slain by his own servants, Anno 1286. king Waldemar was expelled the Realm by his Subjects, and afterwards restored upon his friend's mediation; who not long after denying Merchants their ancient liberties in the Realm, the maritine Cities conspiring against him, entered Denmark with a great Army, expelled him the Realm, took his Castle of Coppenhagen, and had the land of Scania assigned to them for 16. years, by the Nobles, in recompense of their damages sustained. Ericus seeing his subjects every where rise up in Arms against him, sailed into Poland, An. 1438. and deserted his Kingdom and Sovereignty, the people denying him liberty to name a Successor, and electing Christopher Duke of Bavaria for their king. After whom they elected Christian the first king, against whom the Sweeds rebelling for want of administration of justice, and the oppression of his Officers, vanquished Christiern in battle, and set up a new king of their own, named Charles', who An. 1455. abandoned the Royalty; the Swedes after that would neither create any new king, nor obey Christian, nor yet King john who succeeded him, whose Queen they took and detained prisoner two years, and maintained war against him. y Chytr. Chr. Sax. l. 10. 13. p. 301. to 312, 387 388, 389. Olaus Magnus, lib. 7. c. 8 p. 229. De jure Magist in Sub p. 2●5. Bucanon de jure Regni apud Scotos. Or Beards Theatre of God's judgements. l. 2. c. 10. p 4 4, 4●5. Christian the second, King of Denmark, was thrust out of his kingdom for his Tyranny, and breach of his subjects Privileges; which he endeavouring to regain, was taken prisoner by his Uncle Frederick Duke of Scleswick and Holstein, and committed prisoner to Sunderburge in Holsatia, where he died in chains: Frederick was elected king in his place, (upon certain Articles and conditions which he was sworn unto before his Coronation) in a general assembly of the States held at Hafnia, An. 1524. in and by which assembly Christian was solemnly deposed, and a Declaration made, printed and published in the name of all the States of Denmark, wherein they express the cause why they renounced their faith and obedience to Christian, sworn unto him upon certain conditions which he had broken, and elected Frederick: Which Declaration because it is not common perchance to every ordinary Shollar, and contains many things touching the frame and liberty of the kingdom of Denmark, the Articles to which the kings do usual swear at their Coronations, and the Tyrannnies of Christian, for which he was deprived. I shall here insert, as I find it recorded in z Chron, Sax. l, 10, ●, 303, to 312, David Chytraeus. OMnibus Christianis Regnis, principatibus, regionibus & populis, notum est, in orbe Christiano, celebre regnum DANIAE suum esse, quod non secus ac caeterae regna, plurimis jam seculis, Regia sua praeeminentia, dignitate, or namentis & libertate praeditum fuerit, & adhuc sit; ita quidem ut Regnum Daniae, ejusque legitimè electi Reges nullum unquam superiorem magistratum aut Dominum agnoverint. Omnibus quoque temporibus, Archiepiscopis, Episcopis, Dynastis, praelatis & nobilitati liberrimum fuit, regem, & Dominum aliquem suo judicio & arbitrio designare, & in communem regni & Patriae consolationem & salutem eligere, cujus gubernatione, exemplo, & ductu regnum supradictum, Christianis statutis & ordinationibus, secundum leges suas scriptas, & antiquas consuetudines vigere, miseri & oppressi subditisublevari, viduae & pupilli defendi possent. Qui quidem rex semper hactenus a prima electione convenienti juramento & obligatione se huic regno devincire coactus est. Etiamsi igitur nobis omnibus regni hujus ordinibus & consiliariis licuisset post obitumpotentissimi Regis quondam Daniae Iohannis laudatae memoriae, pro jure nostro, secundum antiquam, & multis seculis continuatam regni Danici libertatem, regem aliquempro arbitrio nostro designare & eligere: tamen virtute, justicia, magnanimitate, bonitate & beneficientia, eorum Daniae regum, qui ex Holsatorum prosapia originem duxerant, moti; & bona spe freti, fore utrex Christiernus è vestigiis regiis avis●i Regis Christierni, & R. johannis patris sui non excederet: sed potius ad eorum similitu● 〈◊〉 & exemplum, gubernationem suam institueret: supra-dictum R. Christiernum, 〈◊〉. vivo adhuc patre Iohanne in Regem & Dominum totius Daniae designavimu● & elegimus. Quo quidem ipso tempore celfitudo ipsius solemni JURAMENTO, verbis concepti●, & Deo sanctisque testibus citatis, praestito, Archiepis. Episcopis, Dynastis, praelatis, equitibus, civitatibus & populo regni Danici se devinxit & obligavit, cujus juramenti inter alia haec quoque capita expressa fuerunt: Debemus ante omnia Deum diligere & colere, & sanctam ecclesiam defendere & amplificare. Omnia Episcoporum, Praelatorum & ministrorum status ecclesiastici privilegia, à S. Ecclesia & regibus Christianis ipsis concessa, inviolata conservare. Archiepiscop●s quoque, Londensem et Nidrosiensem, et praterea Episcopos, praelatos, Equites auratos, & alios ordinis Equestris, Regni Proceres & Consiliarios, convenienti observantia & honore, pro cujusque conditione & statu prosequi: Si qua nobis controversia sit cum Archiepiscopis, Episcopis, aut praelatis S. Ecclesiae, eorumque ministris, in locis convenientibus, nimirum coram senatu regni, cognosci & transigi oportebit. Si qua nobis ipsis, aut praefectis nostris, controversia, cum aliquo ex nobilitate, sive is senator regni sit, sive non, incidet; eum coram universo regni senatu, hoc nomine compellare debemus, sive ea controversia sit de fundis, sive de aliis quibuscunque bonis aut negotiis. Et sicuti tenemur unumquemque juvare, ut jus suum consequatur; Ita nos ipsi quoque obnox●i esse debemus, unicuique coram senatu Regni nos accusanti comparere, & ad ipsius postulata usitato judiciorum more respondere, & quicquid a senatu regni super ea re decre●um & pronunciatum fuerit, idipsum exequi, neque hujusmodi legitimas accusationes aut postulationes iuclementi animo ferre. Debemus etiam sine ullo praejudicio, gratia, aut muneribus ex aequo, tam pauperi quam diviti, tam hospiti quam indigenae, jus dicere & administrare. Nullum etiam bellum incipere, aut externum militem in regnum introducere debemus, comm●ni senatu Regni non praesciente & consentiente. Literis quoque & Diplomatis vel nostro, vel etiam patris nostri Regis Iohannis signo confirmatis, plenam & inviolatam fidem & authoritatem relinquere, ejusque aes alienum, quod liquidum est, dissolvere debemus. Moneta quoque, quam cusurisumus, proba & sufficiens esse debet, ita, ut duae marcae aequivalentes sint uni aureo Rhenano. Item, Nos Christiernus & obligamus nos, quod omnes & singulos articulos, in quos jurandum nobis est, incolis regnorum Daniae & Norwegiae, constanter reipsa praestare velimus. Sicuti etiam ex adverso subditi obligati esse debent ad suum homagium, & auxilia militaria inviolata servanda & praestanda. Si vero (quod Deus avertat) contra istos articulos agendo delinqueremus, & senatorum regni admonitionibus nullo modo locum dare institueremus: tum omnes regni incolae, Note. ratione honoris & juramenti sui, conjuctis viribus, fideliter in hoc incumbere debent, ut hoc avertant. To faciendo, contra sua juramenta, obligationes, homagia, quo abstricti nobis sunt, nequaquam fecisse censeri debebunt. Hujus generis plures alii articuli juramento inserti fuerant, qui hoc loco brevitatis gratia praetermittuntur. Vt etiam regia ipsius dignitas, post juratos hosce articulos vehementius & ardentius ad virtutes regias, & Christianarum sanctionum hujus regni conservationem incitaretur & inflammaretur, eommodas rationes & vias inivimus, tandemque perfecimus, ut illustrissima princeps D. Elizabetha, ex Hispaniarum regum & Archiducum Austriae illustrissima prosapia oriunda, matrimonio ipsi conju●geretur. Sperabamus enim dignitatem ipsius regiam, admonitionibus nobilissimae & excellentis virtute, & summa orbis Christiani regum familia ortae reginae, & praeterea consideratis tantis & tam eximijs ac sublimibus tot Regum ac Imperatorum affinitatibus, motum iri, ut omnibus Christianis & regijs virtutibus, eum clementia & bonitate conjunctis, in tota gubernatione suaeo diligentius incumberet. Verùm, statim post coronam acceptam, Regia illius Majestas animi acerbitatem, tyrannidem, rapinas, immanitatem crudelem & sangninariam, declaravit (quod tamen non injuria ipsum afficiendi animo, sed extrema necessitate, ad defensionem honoris nostri compulsi, scribere & divulgare volumus, de quo ipso palàm protestamur) imprimis autem amoris & fidei conjugalis nobilssimae & omni virtute praestanti Reginae praestitae, oblitus est. Quaedam enim turpis, infamis & peregrina vetula, Syburgis, omni pudore & virtute destituta, & ad omnem impurit atemprojecta, propriam suam filiam, Regi prostituit. Quam reginae conjugi suaenobilissimae, status conditione, dignitate & gubernatione Rex praetulit, eique prae omnibus regni consiliariis summam Imperii in Dania commisit, ex cujus perversa administratione & mandatis, multae caedes, homicidia & injustae in causis tam capitalibus quam civilibus condemnationes extiterunt: Et quamvis Regina (quam semper pro Regina & dominatrice nostra deinceps quoque agnoscere & habere cupimus) ab honestiss. matrona, Anna Holgeria, Gynecei sui praefecta, moneretur, ut Dominum & maritum suum amicè hortaretur, ut à vita illa flagitiosa, quae Christianum conjugem, & imprimis regiam dignitatem, nequaquam deceret, desisteret: tamen, quam primùm hoc rex & anusilla resciverunt statim illa, propter Christianam admonitionem innocens ab officio, suo remota, & miserabiliter regno expulsae, et omnibus fortunis suis spoliata est. Eodem modo Tobernum Ochsitum, de veneno, filiae Syburgis propinando, falsò à so insimulatum innocentemque deprehensum, et à senatu quoque regni eo nomine absolutum, in ignominiam et contumeliam Germanicae nobilitatis, tantùm mendacibus turpissimae illius mulieris sermonibus fidem habens, capite truncari jussit. Quamvis etiam R●ipsius Majestas ingens et publicum Bellum, contra datam fidem, ●obis, nobis inconsultis et inscijs, contra Sueco excitavit: tamen ut animum nostrum fidelem, et regiam ipsius personam et nomen extollendi, imperium amplificandi, et extera nationes et regna subjugandi cupidum, posset deprehendere: nos omnes nostra corpora, fortunas, regiones et subditos, in magna pericula conjecimus: quod bellum septennale, contra potentissimum regnum Sueciae gessimus: et tandem cum effusione sanguinis nostri, et extrema serè cum pernicie sloris nobilitatis Danicae, auxilio Dei omnipotentis, contra regnum jam dictum, victoriam obtinuimus, et Regiae ipsius Majestati Regnum subjicimus. The Oath of the King of Sueden: Et autem regnum Sueviae in perpetua fide et obedientia Regiae ipsius Majestatis maneret in ipsa corononatione SUECUS verbis conceptis, Deoque et sanctis testibus citatis, juravit, se ipsis antiqua sua jura, immunitates, et privilegia incolumia relicturum, et omnium quae in bello exorta sint offensionum, et inimicitiarum memoriam, sempterna oblivione aboliturum esse. Cumque netum quidem satis Regiae ipsius 〈◊〉 fiderent Sueci, necesse fuit nonullis ex Episcopis, Praelatis, et Nobilibus Danicis, pro rege fidem suam interponere, eamque diplomatibus eo nomine confertis et obsignatis, confirmare. Qua quidem ipsa in re deesse illi noluimus. Etiamsi autem Regna et populi armis subjugati, tatummodo jure et justicia in officio cotineantur: tamen Rex hoc ipso non satis benè considerato, et maximis gravissimisque juramentis posthabitis, triduo post coronatinem Suecicam, Episcopos, Praelatos, Nobilitatem, una cum consulibus et aliis praefectis (tanquam ad convivium regium & solennem de impetrata à Deo victoria gratulationem) invitavit, qui etiam fide & invitatione regia illecti, unà cum amicis, uxoribus & liberis suis, reverenter comparuerunt. Sed tam amicè invitati, admodum hostiliter excepti sunt, ipsorumque plausus in moesticiam commutatus est. Ex livore enim tyrannico ipsis imputatum est, quod pulvere tormentario arcem ipsius regiam passim conspersissent, ut ita incendio eum è medio tollerent. Cum tamen certissimis inaiciis compertum sit, illud à Rege ipso, eum in finem factum esse, ut speciociore aliquo praetextu, causam mortis in eos confingeret, quos aliâs nullo ●ure quaestionibus subjicere potuisset. Atque ita reverendissimi, strenui, & honestissimi virs, D. Mathias Zu Strengenisse, & D. Vincealius Scharensis Episcopi, & praeterea sexaginta Equites aurati & viri Nobiles, aliqui etiam Consules, Senatores, & cives uno die, sine ullo judicio, ex mera tyrannide, contra datam fidem, decollati sunt. Quorum etiam cadavera, vestibus nudata, cum in tertium usque diem in foro Stokholmensi, miserabili aliis spestaculo fuissent, tandem igne comburi jussit; ac etiamsi illi adhuc vivi more Christiano Confessiones suas edendi cupidi essent, tamen hoc îpsis animo prorsus malevolo denegatum est. Eodem modo Reverendum & religiosum D. Abbatem Nyddalensem & quinque fratres, qui tum in honorem Dei Missas celebrarant, die purificationis Mariae, sine ullo judicio, aquis suffocari curavit, nullam aliam ob causam, quam quod durante adhuc bello, una cum aliis se Regi opposuissent. Sex praeterea ex nobilitate Suecica qui communis inter Daniam & Sueciam pacificationis nomine, fide publica & regia, & quidem vocati antea venerant, sibi-ipsi obsides constituit, eosque in durissima vincula conjectos, tamdiu apud se detinuit, donec regnum Su●ciae sibi subjecisset. Multos quoque nobiles, inter quos nonnulli ex familia Ribbingia fuere, una cum duobus pueris adhuc teneris, qui fide & clementia ipsius freti, istuc venerant, capite plesti: sicuti etiam Tonnum Ericisilium, & Henrichum Stichum, unà cum multis aliis nobilibus in Finlandia, sine ullo judicio decollari jussit. Episcepo Finlandiae domum & possessiones suas per violentiam ademit, ita quidem, ut ille sibi consulens, paulò post tempestate in mari exorta naufragio Miserabiliter perierit. Brevitatis causa multa alia prava & tyrannica facinora, in Regno Sueciae contra Deum & omnem aequitatem ab ipso perpetrata, hic praetermittimus. Quocirca Episcopi, Dynastae, Praelati, Nobilitas, Civitates & reliqui regni Suecici incolae, qui crudeles, impuras & sanguinolentas ipsius manus, vita sua incolumi effugerant, contra eum insurrexerunt, satius et honestius esse rati, potius in acie pro salute patriae, quam domi sordis & turpissimis suppliciis innocentes excarnificatum, mori. Atque ita (nostro quidem judicio non immeritò) sumptis armis & palàm Bello contra Regem suscepto Tyrannicum illius jugum excutere instituerunt. Etiamsi igitur nos periculo corporum & fortunarum nostrarum, ipsi, post auxilium Divinum in regno Sueciae subjugando adjumento fuerimus: tamen non nostra sed sua ipsius culpa iterum eodem regno excidit. Quocirca denuo ab eo interpellati, ut Sueci nostro auxilio ad priorem obedientiam adigerentur; ne id quidem (quamvis nullo jure aut lege teneremur) facere recusavimus, ut vel hoc modo fidelis animus & voluntas nostra, à Rege perspiceretur, quando quidem ferè supra quam vires nostrae ferrent (cum jam entea nostros equos, arma, naves, aurum, argentum, Clinodia & insuper nostros amicos, affines & propinquos in Suecia reliquissemus,) denuo terra marique magnis impensis militem & naves armare & instruere: propria corpora nostra, possessiones, pecuniam & facultates omnes impendere: & una cum ipso totam belli molem, in tertium usque annum sustinere non detrectaremus. Idque optima spe freti, futurum ut fidelia haec nostra servitia, tandem aliquando à regia ipsius dignitate cum clementia agnoscerentur. Verum his omnibus non consideratis, ille intera Episcopos, Praelatos, Ecclesias, Coenobia, Hospitalia, Sacerdotes, Matronas, virgines, Nobilitatem, cives, viatores, neg●ciatores, & miseros denique Rusticos, immoderatis & inauditis exactionibus, vestigalibus & expilationibus oneravit. Praeterea maximam bonorum nostrorum partem, unà cum auro & argento, exactionibus extorsit, ad se translatam adhuc retinet. Monetam verò nullius momenti cupream, ex ahenis cerevisiaris usu det●itis cusaem in regnum intrusit, quam aequo cum argenteis & aureis monetis precio, à milite ipsius acceptare, & ut in toto regno usurparetur & valeret, coacti sumus tolerare. Cum tamen illa in finitimis regnis, nationibus & civitatibus nullius valoris esset, res nostra familiaris, cum omnibus commerciis jacerent: regnum hoc nostrum antiquum cum suis incolis omnibus suis nervis & viribus plane exhau-iretur, & ad extremam egestatem & inopiam conniiceretur. Et quamvis haec quo que omnia, ut bello suscepto optatus tandem finis imponi posset, submisse toleraverimus: tamen ne hac quidem ratione quidquam apud Regem proficere potuimus, cum ille palàm hominibus fide dignis audientibus diceret, se & corporibus & fortunis imminutos ita nos debilitaturum, ut passim omnibus contumeliae & ludibrio essemus. Cujus sui propositi statim etiam exemplum reipsa nobis exhibuit. Archiepiscopum enim Lundensem D. Georgium Schotburgum quem secretarium quondam suum hac spead dignitatis illius fastigium rex evexerat, ut quaedam Archiepiscopatus illius praedia ad se transferre posset; cum regis cupiditati postea non gratificaretur, quod diceret, juramento se illi ecclesiae praestito, quod violari à se minimè deceret, prohiberi: seque potius turpissimam mortem obire, aut vitae monasticae etiam durissimae in reliquum vitae tempus mancipare se velle, quam in perjurii suspicionem vel minimam se conjicere. cum igitur aliquot poenarum, quae innocenti irrogabantur, optio illi concederetur; ad vitam tandem monasticam à rege compulsus est. Quo facto, statim Praelatos & Canonicos ecclesiae Lundensis per literas ad se accersivit, cumque illi praestita obedientia comparuissent: jussit eos contra fidem regiam, in infamem & foetentem carcerem compingi, iisdemque paulò post insulam Borneholman, Ecclesiae illi Lundensi subjectam & propriam, cum omnibus arcibus, oppidis & vicis, nullius excusationis ratione habita, vi metuque coactis, ademit. Reverendissimus quoque Iohannes Episcopus Fyoniae, cum literis regiis ad juridicam vocatus comparuisset; eodem modo miserabiliter, & praeter omnem culpam captus, & in carcerem conjectus est, & omns collegii illius ecclesiae bona petulanter ad se transtulit. Nemo etiam velex Senatoribus regni, vel aliis Daniae incolis sine corporis & vitae suae periculo ipsum convenire: aut si quis omnino fortunam suam hac in parte perislitari institueret; nequaquam id, nisi p●ius peccata sua sacerdoti confessus esset, & ad mortem se praeparasset, tentare ausus est, cum saepenumero in eas angustias coactos nonnullos constaret, ut ne confitendi quidem spacium illis concederetur. Ex quo ipso hoc quoque consecutum est, ut regno huic, & communi patriae nostrae, consilio & consolatione nostrae auxilio esse non possemus. Eodem Praepositum Rotschildensem, & D. Nicolaum Erici, multosque alios praelatos & viros ecclesiasticos, qui patri & matri ipsius laudatae memoriae fideliter inservierant, absque ulla misericordia, bonis suis spoliavit. Politico quoque & equestri ordini, reliquisque regin inquilinis nequaquam pepercit. Mandato enim ipsius, vir strenuus & nobilis Magnus Tamassenus, qui toto vita suae tempore, ab omnibus habitus est homo integer & probus, & quem nemo unquam quidpiam, quod honestum & nobilem virum non deceret, gerere aut facere animadvertit; quique etiam in fide Christiana piè mortuus erat, hic inquam Tamassenus, ex terra iterum effossus est ipsiusque cadaver, in foro Arhusiano, in singulare Daniae nobilitatis judibrium & contumeliam, suspensum est. & insuper Rex omnia illius, viduaeque ipsius relictae, bona, cum omni auro, argento, & clinodiis, sine ulla postulatione judiciali, ad se & in suam potestatem redegit. Strenuo quoque D. juggoni Krabbio, equiti aurato & Marescalco, qui ipsi longo tempore in Dania, Norwegia, & Suecia honestè & fideliter, etiam eum effusione sanguinis, & bonorum suorum jactura inservierat, unum ex pagis suis Vischbe●um novum unà cum multis ad eum pertinentibus fundis & bonis, aperta vi, & contra religionem jurisjurandi, ademit, & sibi vindicavit, cum interea ille multis modis ad legitimani causae cognitionem, sed tamen frustra, provocaverat. cum ex ministris ipsius aulicis Nicolaus Daa, quodam vesperi in caupona & symposio sedens, hospiti ex fenestra rhombos aliquot vitreos fortuitò excussisset; & tamen eo nomine statim sequenti die hospiti pro tantillo damno abundè satisfecisset: nihilominus tamen, ob causam tam nihili, pater ipsius in arcem Hafniensem violenter abductus, & tamdiu captivus est detentus, donec praefectus regius missis in domum ejus satellitibus, omnes ipsius cistas aperuisset, omne aurum & argentum inde exemisset, & ad quatuor Marcarum Danicarum millia vi metuque illi extorsisset. Quinetiam contra juramentum & dotam fidem, Schlos Gelauben Ius electionis, quod antea senatus regni propium erat, post mortem ad sùos haeredes transtulit, quo ipso antiquum nostrum & liberum regnum, haereditariae oppressioni subjicitur, & nos libera nostra electione spoliati sumus. Quid, quod à quolibet, etiam pauperrimo hujus regni incola, binos in singulos annos florenos, in perpetuum deinceps numerandos, ausus est exigere, cum tamen multi ex iis, vix bines solidos snis dominis quotannis exsolvere possent. Nec tantum Danicae nobilitatis excidio, animus ipsius sangainarius satiari non potuit, sed in Germanos etiam nobiles ingratitudinem effunderet. Honestum enim virum Stephanum Weberstedium, in Turingia loco equestri natum, qui longo tempore, sicuti Ministrum fidelem & nobilem decet, pro supremo Capitaneo peditum Danorum contra Suecos ipsi inservierat, & qui praeclara fortitudinis suae specimina, cum Hoste usque ad sanguinis effusionem dimicans, ediderat, cui etiam hoc nomine praefecturam Olandensem datis literis concesserat. Hunc inquam Stephanum, cum diutius praefectura illa carere nollet, ex asylo Coenobij Sp. S. ab ipsius avo fundati abreptum, decollari jussit, hoc pratextu, quod in domo publica militi evidam vulnus inflixisset, cum quo tamen ille, amica transactione interueniente, jampridem in gratiam redierat. Eodem modo cum conjugis suae regia cubulario Maximiliano egit, qui reginam in regnum Daniae advenientem comitatus suerat: eum enim cum Regina ad C saream Majestatem, & Dominam Margaretam, ablegasset, Rex antequam Dania excessisset, exitinere retrahi, & capitali suppli●io affici jussit. Adhaec cum fortissimus ipsius capitaneus N. von Hederstorff, nomine praesidiarioruus Stokholmensium, honestos aliquot milites, pro stipendio suo, & quibusdam aliis conficiendis, Haffniam misisset; praefectus Haffniensis eo exceptos Abrumstorpum deduxit, quasi regem ibidem inventuri essent. Eò autem cum venisset, loci praefectus, eos carceri mancipatos, paulo post sine ullo judicio, unà cum puero quopiam trucidari jussit. Suum quoque Germanicum Secretarium Stephanum Hopsensteinerum, cujus opera in gravissimi● negociis apud 〈◊〉 saream Maject. Electores & principes Imperij Romeni, usus fuerat, ad impudentissimae mulieris Syburgis mendacem delationem, inclementer persecutus, ipsius vitae & bonis insidiatus est. Qui tamen evidentissimo Dei omnipotentis auxilio, manus ipsius cruent as ex Dania evasi●, & in Caesaream urbem Lubecam confugit, ubi nihi lominus à Ministro Regio, ejus vestiga insequente, accusatus, & in custodia aliquandiu detentus fuit, donec tandem causa probè cognita, ab injusta ejus accusatione & insimulatione, per sententiam absolutus est. Praetere à multas quoque exteras nationes, Hollandos, Brabantos, Flandros, Lubecenses, cum omnibus civitatibus maritimis, contra data privilegia, & regia diplomata, pecuniis suis emunxit, & quotiescunque illi negociorum suorum causa in hoc regnum appulerunt, statim navibus & mercibus suis spoliati sunt. Et quamvis Norwegiae quoque regnum semper, ipsi fideliter fuerit subjectum, & pro viribus omnia sua officia & auxilia praestiterit, et ejusque omnibus edictis & interdictis cum obsequio paruerit: tamen neq Deo consecrati Episcopi, neque Nobilitas, neque populus illius inclementem & immisericordem animum effugere potuit. Episcopus enim Camerensis, licet innocens, in crudeli admodum carcere captivus est detentus, ita quidem, ut ex foetido & impuro aere, curis diuturnaque sessione, omnibus suis viribus consumptis, tandem carcere liberatus, mox diem suum obierit. Reverendissimus quoque Episcopus Ansloinsis, Andreas eo compulsus est, ut alteri suum Episcopatum cederet: quod si facere recusaret, submer sionem illi minabatur. Reverendissimum quoque Archiepiscopum Nidrosiensem ab Ecclesia sua Archiepiscapali in exilium expulit, qui postea Romam ad Papam consugiens, ibidem in magna inopia & miseria mortuus est. Nobilitati quoque ejus regni nequaquam pepercit, strenuum enim & praestantissimum equitem auratum, Canutum, Canuti ficto & mentito quodam praetextu, in carcerem redegit. Cumque ille in jus provocaretur, & causa in senatu regni cognita & disceptata absolutus esset: tamen jure suo, à Deo & aequitate sibi concesso, uti non potuit, cum paulò post miserimè decollaretur, & omnia ejus bona, contra omne jus a rege abriperentur. Etiamsi verò multò plura ipsius impia & tyrannica facinora, & inprimis cum honestis matronis & virginibus, viduis & orphanis passim in Dania, Suecia, Nerwegia perpetrata, indicare possemus: tamen illa ipsa, respectu nominis & dignitatis regiae habito, hoc quidem tempore, in nostra hac querela commomorare non volumus. Semper equidem speraveramus futurum, ut crebris, fidelibus & submissis admonitionibus adductus, sese emendaret, & ab hujusmodi minimè regiis aut Christianis, sed potius tyrannicis inceptis, facinoribus, expilationibus, vectigalibus, exactionibus, aliisque crudelibus institutis desisteret: sed tamen admonitiones hae nostrae planè infructuosae aures regias personuerunt: nostrae sententiae & consilia planè sunt repudiata, nulli ex senatu regni locus apud regemfuit relictus, imò homines planè contempti & ad nullamrem idonei habiti & reputati sumus. Atque ita ille in priori sua tyrannide, seipsum induravit. Et ut omnino crudeli suo erga nos animo & voluntati satisfieret, milites peregrinos magno numero, tam pedites quam aequites, contra praestitum juramentum, quod ex superioribus articulis patet, in regnum induxit, & majoribus adhuc qu●am antehac factum est, oneribus & exactionibus nos gravare instituit. Cum autem id non injuria nobis grave esset, hoc tentatum est, ut nos una cum miseris rusticis, (qui tamen ipsi tempore belli septennalis penè omnem substantiam nostram impenderamus) vi ad illas praestandas adigeret. Quocirca missis literis tanquam ad juredicam Ahusium nos evocavit, eo consilio, ut nos vi militis externi (si modò is ad tam impium facinus à rege perduci potuisset) adoriretur, & pro lihitu suo imperata facere cogeret. Compertum etiam nobis est, Regem ad diem praestitutam duorum immanium carnificum, more suorum satelli●um (ne scilicet res innotesceret) vestitorum operam conduxisse, in eum finem, si intolerabilibus ipsius edictis & voluntati non assentiremus, ut tum in corpora & fortunas nostras impetum faceret, & forte non aliud quam in Suecia, Dynastis, Episcopis, praelatis, nobilitati & civitatibus factum est, covivium nobis adornaret. Quapropter justissimo (qui etiam in fortissimos viros cadere potest) metu compulsi sumus, ut de tantis malis à nobis avertendis cogitationem aliquam susciperemus, atque ita nostra corpora, vitam & possession●s (quod jure naturae facere tenemur) defendeve●●us. Compulsi igitur sumus, ut nostra juramenta, homagia & auxilia militaria per literas illi renunciaremus, id quod, etiam reipsa à nobis jam factam est, cum plane confideremus, neminem fore, qui impiis tyrannicis ipsius delictis consideratis, vitio hoc vertere nobis posset. Nota. Nos enime status & consiliarios regni Davici, coram Deo & hominibus obligatos agnoscimus, ut communi patriae, in extremis hisce periculis & angustiis, consolationem aliquam offeramus. Siquidem miserorum ejus regni inquilinorum aeterna, ratione corporum & bonorum, pernicies, matronarumque & virginum dedecus & contumelia potissimum ab eo quaeritur, à quo illa omnia meritò averti à nobis debebant. Neque ignotum est, propter similia, aut saepè etiam leviora quam nos (proh dolor) perpessi sumus facinora tyrannica, saepenumero Caesares Romanos, Reges Vngariae, Bohemiae, Angliae, & Scotiae, ex suis imperiis & regnis dejectos, nonuullos principes ex ditionibus suis haereditariis expulsos esse, sicuti id tam ex veteribus historiis, quam ex nostrae aetatis exemplis satis certo nobis innotuit. Et nisi gravissimus hisce, quae hactenus commemoravimus, oneribus impelleremur, pigeret & taederet nos, talem aliquam cogitationem in nostrum animum inducere, multo minus reipsa eam exequi, sed potius sicuti patri & avo ipsius, ita ipsi quoque libenter addicti fuissemus. Etiamsi verò ab electione externi alicuius & Christiani Regis aut Domini cujus potentia & defensione regnum nostrum gubernaretur non plane fuimus alieni: tamen considerato diuturno & Christiano regimine, regiis virtutibus, clementia, bonitate & justitia, quibus & illustriss. princeps & Dominus. D. Fridericus, verus haeres Nor●egiae, Dux Sleswici, Holsatiae, Stormariae & Dietmarsiae, Comes Oldenburgi & Delemenhorsti, erga Subditos suos statim à guber nationis suis exordio pie & landabiliter usut est: eum potissimum unanimi consensu regene & Dominum nostrum supra totam Daniam elegimus, cum nimirum cogitaremus, eum ex inclyta regum Daniae prosapia originem ducere, & praeterea regis filium natum esse, aetque ita jure prae omnibus alis principibus hunc honorem ipsi, praesertim cum patrimonium quoque ex regno paterro suae Colsitudine debitum ne nunc quidem accepisset, deberi. Regomus igitur unumquemque, cujuscunque conditionis aut ordinis sit, si fortè suprà dictu● Rex Christiernus, aut alius quispiam nomine ipsius, vel Scriptis vel alio modo, nos insimulet, quod contra datam fid●m & juramenta hac in partè egerimus, ut illi, antequam ulteriorem nostram defensionem audiat, fidem non habeat, sed potius nostras hasce difficultates, corporis & vitae pericula, impias viduarum & pupillarum oppressiones, matronarum & virginum violationes, cum clementi, christiana, benevola & humana commiseratione cognoscat. & nos (qui honorem & existimationem nostram, ut pios nobiles decet, erga regem illaesam ad huc conservavimus) excusatos habeat. Simulque aliis queque omnibus & singulis, ob causas jam suprà dictas, & alias complures (quas adhuc in bonorem nominis regii usque ad ulteriores nostras apologias reticemus) benignè nos excuset. Si etiam rex coram logitimo aliquo judice nos accusandos esse censuerit. hoc ipso scripto nos ad legitimam & justam causae hujus cognitionem & decisionem offerimus; pollicemur etiam nos iis, quae hoc modo jure decernentur & sancientur, prompto animo p●rituros esse. Neque dubitamus, si vel sanctitas Pontificia, vel Rom. Caesarea Majestas, & ludicium Camerae, vel alii quoque Christiani Reges, Electores, Principes, Comites, Barones & Nobiles, vel inclytae & liberae Imperii civitates petitionis hujus nostris aequitatem, & ipsius impiam & Tyrannicam nostri oppressionem cognoverint, quin factum hoc nostrum, ad quod extrema necessitas nos compulit, nequaquam sint improbaturi. Pro quo ipso singulis, pro ratione ordinis & conditionis suae, nostra studia, officia, & gratitudlnem, omni tempore praestandam, deferimus & pollicemur. Swethland. NOt to mention the Kings and Kingdom of Norway, long since incorporated into Denmark, whose lives and Catalogue you may read in * Cosmog. lib. 4. cap. 21, 24, 25. Munster, joannis Magnus, Crantzius, and others: * Gul. Neubrig. lib. 3. cap. 6. in which Realm not one King anciently died of age or diseases in above one hundred years, but of violent deaths; there being this custom, That whosoever slew a tyrant King, was thereby made a King. The Kings of Swethland have always been elected upon certain conditions, and subordinate to the power and censures of their whole States and Parliament, in such sort as the Kings of Hungary, Bohemia, Poland, and Denmark have been; and oft times this Kingdom hath been annexed to the Realm of Denmark, and subject to the Danish Kings, as they saw occasion: The names and lives of the Swedish Kings before and since their conversion to Christianity, you may read at large in * Cosmog. lib. 4. cap 28, 29, 30, 31, 32. Heyl. Geogr. pag 430, 431. Chytraeus Chron. Sax. Hermold. Chron. Slavorum. joannis Magnus hist. Goth. Swedorumque. Guagn. compen. & Chron. Munster, Joannis Magnus, Crantzius, Olaus Magnus, and others: I shall give you a taste only of some of them out of those Authors. Halsten, and Animander his successor were thrust out of their Thrones and Realms by their Subjects. After whose death, the Swedes elected one King of their own Nation, the Goths another, not enduring a foreign Prince to reign over them. King Bugerius slaying his brother Ericus, who had imprisoned him at a banquet, his Nobles detesting this his treacherous act, rose up in Arms against him, expelled him the Realm, and beheaded his Queen and Magnus his son, electing Magnus the son of Ericus for their King. Magnus the seventh, betrothed his son Aquin to a kinswoman of the Earl of Holstain upon this condition, That unless Aquin should receive her a Virgin, all the Nobles of the Realm should be freed from their Oath of Allegiance to him. The Virgin sailing into Swethland, was taken prisoner by Waldamer King of Denmark, who betrothed his daughter Margaret to Aquin: whereupon the Nobles of Sweden denied to yield any more obedience to their King, deserted Magnus and chose Albert King: Magnus seeking to regain his Realm, was defeated in battle and died in exile. Queen Margaret taking Albert prisoner, and conquering Sweden, left it and two Kingdoms more to Ericus her adopted son. But the Swedes weary of a foreign yoke, by the help of Engelbert, denied subjection to him, and waged war so long with him, that he was forced to place Swedes in all the Castles by agreement, and to receive only half the revenues of the Realm in his absence, and at last (tired out with the wars) deserted both Crown and Kingdom. After this the Swedes elected Charles for their King, who after seven year's reign, perceiving that he grew grievous and displeasing to the States of Sweden, taking his own private goose only with him, and leaving the treasure of the Realm in a safe place, left the Kingdom. Whereupon they elected Christian the first, the King of Denmark and Norway, for their King; against whom they took up arms, because he had broken that paction prescribed to him when he took the Crown; whereupon Anno 1499. Christian came with a great power to subdue the Swedes, but he was easily conquered, repulsed thence twice one after another by the Swedes united forces: who elected them a Governor whom they called a Marshal, which had power to call general Assemblies of the States, and execute the King's Office, and might have been elected King upon such conditions as the States propounded, which he refused to submit to. King john thinking to subdue the Swedes after Christiernes death, was repulsed by them, and his Queen taken prisoner. His son Christian the second, King of Denmark, by the treachery of Gustavus Archbishop of Vpsalis, after many encounters, upon promise to continue their Laws, Liberties, and Privileges inviolably, and to remit all offences passed by a solemn Oath, was elected by the Swedes for their King: who swearing these Articles and confirming them by his Charter, was upon this admitted into the Town and Castle of Holme; * Chyt. Chron. Saxo-lib. 10. pag. 311. where feasting all the Nobles and principal men of Swethland two days together, suspecting no treachery, he suddenly apprehends them, imprisons, murders all the Nobles, Gentry, Citizens, Commons, yea Bishops and Monks, with extraordinary cruelty, spoils their wives and Orphans of all their goods, and exerciseth more than barbarous tyranny over them; which Gustavus Erichson, a noble Swede then in Denmark hearing of, escape thence privily, and comes into Swethland disguised, raiseth an Army to revenge this butchery, delivers his Country from this Tyrant, and for his noble service was by their unanimous vote elected and crowned King of Sweden in his stead; the Swedes in a public Declaration manifesting their expulsion and deprivation of Christian for his treachery and tyranny to be just and lawful. * Chyt. Chron. Saxo. lib. 21, 22. p. 636, 637, 638, 647, 648, 649, etc. Ericus the seventeenth King of Sweden, imprisoning his brother, murdering his faithful Counselors, warring upon his Subjects, playing the tyrant, and matching himself unworthily to a woman of mean condition, was for these his misdemeanours taken prisoner, with his Queen, deposed, and his brother made King in his stead, Anno 1599 And * Heyl. Georgr. pag. 340. Sigismond King of Sweden, taking upon him the Crown of Poland, after fourteen year's reign, was deposed and dispossessed of his Kingdom Anno 1607. and Charles his Uncle made King in his stead. Assyria, Cyprus, Lombardy, Naples, Venice. I Could now acquaint you with many such like passages and stories in the Kingdoms of Assyria; as how effeminate * Munst. Cosm. lib. 5. cap. 79. Sardanapalus, for his vices and misgovernment was deprived by his Subjects, burned in his Palace, and Arbactus made King in his stead. In the Kingdom of * Munst. Cosm. lib. 5. cap. 30. Cyprus, where King Peter murdering his brother and those of Geneva, was soon after taken prisoner and made a tributary Prince. King john governed by Helena his wife, and she by his Nurse, which made the people weary of the government, had a Regent by consent of the Nobles (joba of Portugal, whom they married to his daughter Carlota) set over him and the Realm and all the royal power soon after put into his hands, who being soon poisoned by Helena, Lewes son to the Duke of Savoy was sent for and crowned King by general assent, and John and james his sons put by. * Mach. Hist. Heyl. Geogr. p. 193, 154. Clephus the second King of Lombardy was so cruel, that after his death they would have no more Kings, but chose thirty Dukes to govern them, who continued this government eleven years. Desiderius the last King of Lombardy was taken prisoner with all his children in Pavia by Charles the great, and so that Kingdom ceased, Anno 774. * Heyl Geogr. p. 166, 167. General H●st. of Spain, lib. 18 p. 686. Tancred the fourth King of Naples was deposed by Pope Celestine the third with his people's consent. Momfrey Bastard poisoning Conrade the seventh King of Naples, and usurping the Crown, was deposed by Charles Earl of Anjou, who enjoyed the Crown till Arragon seized on the Realm. Joan Queen of Naples married Andrew second son to Charles King of Hungary, whom she hanged at her window for insufficiency; after marrying james of Tarragou, she beheaded him for lying with another woman, and was at last driven out of her Kingdom by Lewes of Hungary, and hanged at the same window where she hanged her first husband. * joan 〈…〉 Leglise, pag. 277. Peter Duke of Venice was for his tyranny and misgovernment besieged in his palace by the people, The Venetian History. which they fired, and then taking him his wife and son, dragged them unto the butchery, where they chopped them in pieces and threw him to the dogs to be devoured, notwithstanding all their submissions and entreaties on their knees, Anno 977. So Duke Falier, and many other Dukes, have been condemned to death and executed by the States of Venice, and that justly as * Com. lib. 2. c. 5. pag. 277. Bodine grants. Multitudes of such like precedents occur, in most other Dukedoms and Principalities, which I will not name, because they want the title of Kings, though * 4 Distinct. 49. quest. 1. Art. 3. qu. 5. Aquinas truly holds, That a Kingdom is so called from ruling; therefore he who hath others under his government, is said to have a Kingdom; in reality, though not in propriety of speech; and so are Kings in verity, though not in title. I might add to these many more examples, manifesting what miseries and untimely deaths tyrannical Kings and Princes have undergone in all ages and States, being commonly deposed, poisoned, murdered; but I shall for brevity pass over these examples, remitting the Readers to * Polit. lib. 5. cap. 10, 11. Aristotle, * Variae hist. Aelian, and Doctor Beard, his Theatre of God's Judgements, and come nearer home to Scotland, as having nearest relation to England, Scotland. WHat sovereign power and jurisdiction the Realm, Parliaments and Nobles of Scotland have claimed and exercised over their Kings, (who, saith Buchanan, can neither make Laws, War, Peace, nor conclude of any great affairs of the Realm without a Parliament, which hath there, and in Hungary, Poland, Denmark, Swethland been ofttimes summoned, not only without, but against their King's consents;) and how frequently they have questioned, imprisoned, censured, deposed, yea judicially sentenced their Kings for their tyrannies, oppressions, whoredoms, murders, 〈◊〉▪ and evil administrations, you may read at large in George Bucanan (King James his own Tutor) in his Book, De jure Regni apud Scotos, and his * p. 100, 234, 257 292, 334, 691, 704, 756, 747, 748. Rerum Scoticarum Historia. Where this their Sovereign power i● so largely vindicated, debated, demonstrated, and the chief objections against it cleared so abundantly, that I shall not add one syllable to it, but present you with some Historical examples which confirm it. * See Io. Maior hist. Buchanan. Rerum Scot l. 4. p. 100, 101. H●cter Bectius ae Rebus Scoticis Fordon. his Scoti. chrocicum Polychronicon & Fabian; Mattheus Westminster. Holinsheds' history of Scotland. Fergusius the first King of Scotland dying, and leaving two sons infants, unable to govern the Realm; the Scots thereupon considering what dangers might befall them both at home and abroad, during their infancy; at last concluded after much debate; and settled this for a standing law; that when any King died leaving his son under age and unfit to govern, the next of their kindred, who should be esteemed fittest to reign, should enjoy the sovereign power; and that he being dead, than the succession of the Crown should return to the children of the deceased King, being of age to rule; which Law continued constantly for many hundred years, until the reign of Kenreth the third. By this Law Feritharis brother to Fergusius abstained the Crown and reigned fifteen years with much justice and modesty; after which his Nephew Ferleg desiring to reign, demanded his Father's Kingdom of his Uncle, who being willing to resign it to him, called an assembly of the estates, made an Oration in praise of Ferleg proffered to resign the Crown unto him. But such was all the assemblies love to Feritharis and hatred to Ferleg for this his preposterous affectation of the Crown, that they detested the act, and denied the motion both with frowns and verbal reprehentions: Whereupon Ferleg conspired his Uncle's death, which being discovered, they thought him worthy of death; but for Fergusius his father's sake, his life was spared, and he only imprisoned; after which making an escape he fled first to the Picts, then to the Britous, and in the mean time Feritharis dying, by the treachery of Ferleg as was suspected, Ferleg by the unanimus sentence of all was condemned and put from his Crown, being absent, and his brother Mainus created King. h Buchanan, l. 4. p. 101, 102, 103, 104, 105. Dornadilla the fourth King of Scotland dying, leaving Reuther his son under age and unfit to reign, the people made Notatus his brother King; who playing the tyrant, banishing, murdering, and oppressing the people, Donald of Galloway raised an Army against him, expostulated with him for his tyranny, and wished him to resign the Crown to Reuther; which he refusing to do, and justifying his tyranny; hereupon Donald gave him battle, slew him, and made Reuther King without the people's suffrages: Upon which the Nobles being offended, (because the power of the Parliament was by this means abolished, and the election of the supreme Magistrate made only by one man,) took up Arms both against Ruther and Donald, gave them battle twice in one day, and t●oke Ruther their new King prisoner: who afterwards dying and leaving There his son an infant, scarce ten years old, they, according to the Law formerly made and received in this case, made his uncle Ruther King; who after seventeen years' reign voluntarily resigned his Crown to his Nephew There▪ in whose commendation he made an Oration, the people hardly permitting it. There soon after growing very vicious and flagitious, slaying the Nobles, and filling the Realm with robberies, the Governors pitying the deplorable state of the Realm, resolved to punish him for it; of which he being informed, fled to the Britain's, where he spent his days in contempt and ignominy, not daring to return; Conan a prudent and discreet man, being elected Viceroy in the mean time, which office he held almost twelve years till the death of There. In the reign of Finnan the tenth King of Scotland, that the roots of tyranny might be cut off, it was decreed, That Kings should command nothing of greater moment to be d●re, but by the authority of the public Council. Durstus the eleventh King giving himself to all deboistness, first banished his father's friends from him as the troublesome reprehenders of his pleasures; and sending for the most vicious young men to be his familiar companions, gave himself wholly to luxury and venery. He prostituted his wife, (daughter to the King of Britain's) to his companions, and then banished her. At last the Nobles conspiring against him, he awaking as it were out cut of sleep, considering that he should find no place of safety, neither at home nor abroad, being equally hated of strangers and subjects, thought best to counterfeit repentance of his former life, Notable Dissimulation. for so he might retain both his Crown, and in time inflict punishments on his enemies. Wherefore recalling his wife from exile, he first of all endeavoured to reconcile himself to the Britain's: then calling the chiefest of his subjects to him, he ratified with a most solemn oath the oblivion of his former courses; he committed every most wicked person to prison, as if he reserved them for punishment, and religiously promised, that he would do nothing hereafter, but by the advice of his Nobles. When by these things he had given assurance of his sincere mind, he celebrated the agreement with pastimes, banquets, and other signs of public gladness: and now all men's minds being taken up with joy, he called most of the Nobility to a supper; where, when he had shut them up (improvident and unarmed) in one room, sending in his assasinates, he slew them every one. This calamity not so much terrifying as exasperating the minds of the rest with new flames of anger, they gathered a great army together, all men conspiring to take away this detested monster; whom they slew in battle, together with his wicked confederates. After whose slaughter, the Nobles putting by Durstus' sons, lest they should imitate their father's vices, elected his brother Even King with unanimous consent; who hating Durstus his tyranny had voluntarily banished himself among the Picts. Even dying, leaving a bastard son called Gillo, he procured himself to be elected Viceroy till a new King should be chosen, and got the Kingdom confirmed to him; but yet not deeming himself secure as long as any of Durstus his family remained, he treacherously slew Durstus his two eldest sons, with all his kindred and familiars: With which the Nobles being much discontented, and fearing worse things, privily raised an Army against him; who finding himself generally deserted but by a few flagitious persons, who feared punishment, He was forced to fly in a Fisherboat into Ireland: whereupon the Scots created Cadvallus their Viceroy, and after that created Even their King, who conquering Gillo in Ireland, he was forced to fly into a Cave, where he was taken and his head cut off. * Bu●han▪ l. 4. p. 109, 110, 111, 113, 114, 115, 116. Grafto●, part 6. p. 70, 71, part. 7. p. 80, 81, 82, 84, 86, 87, 90. King Even the third, not content with an hundred Concubines of the Nobility, made a Law, That it should be lawful for every one to marry as many Wives as he could keep; and that the King should have the maidenhead of Noble women, and the Nobles of the Plebeians before they were married; and that the common people's Wives should be common for the Nobles. Besides, luxury, cruelty and avarice were the companions of this his flagitious life; he murdering the rich to get their wealth, and favouring thiefs to sh●e in their robberies: whereupon the Nobles and people conspiring against him and taking up Arms, he discerned how unfaithful the society of ill men is; for being deserted by his party as soon as the battle began, he came alive into his enemy's hands, and was committed to perpetual prison, his life being spared by the intercession of Cadalan, who was made Viceroy in his stead; but soon after he was strangled in the prison by one whom he had formerly injured. King Corbreds' son being within age at his death, the Assembly of the States made Dardan King, who within three years' space rushing into all kind of vices, banished all prudent and honest men out of his Court, kept none but flatterers about him, slew Cardorus, and divers others virtuous men who advertised him of his faults; and to take away the feat of succession, plotted the death of Corbred, Galdus, and others: whereupon the Nobles and people by unanimous consent rose up against him, slew his evil instruments, routed his Forces, took him prisoner, whilst he was about to murder himself, cut off his head (which they carried about for a laughingstock) and threw his corpse into a jakes, after he had reigned four years. Luctacke the 22 King of Scots, giving himself wholly to Wine and Harlots, sparing the chastity of none though never so near allied to him, nor their husbands never so great, deflowering his own Sisters, Aunts, Daughters, joining inhuman cruelty and insatiable avarice to his lust, and depraving the youth of the Country corrupted by his example, when as no man durst resist him; was at last convented before an Assembly of the chief men; where being more freely reprehended for those crimes, he commanded the chief of them to be drawn away to punishment, as seditious, calling them old doting fools. Whereupon the people assembling together, slew both him and the instruments of his wickednesses, when he had scarce reigned three years' space. Mogaldus was elected King in his place, who carefully reforming all the abuses and corruptions of Luctack in the beginning of his reign; yet fell at last unto them in his old age, and grew so odious by his vices, to the Nobles and common people, that they weary of him, rose up against him; he being unable to resist them, wandered up & down with one or two Companions, in secret places, seeking to escape by flight; but was at last taken and slain. Conarus his son and successor giving himself to all manner of luxury, and lust, brought the Realm in short time to great penury; giving Lands and riches to most vile and naughty persons, because they favoured his corrupt living, and invented new exactions upon his people. Whereupon summoning a Parliament, he demanded a Tribute of them to support his State and Court in Honour; who taking time to deliberate, and understanding at last, that this his hunting after money proceeded not from his Nobles, but from the inventions of Courtflatters, they resolved to commit the King to ward, as unfit to govern, until he renouncing the Crown, they should elect another King. Whereupon the next day, he who was first demanded his opinion, Declaimed sharply against the King's former life, his bawds and companions, as unprofitable in war, troublesome in peace, full of shame and disgrace: showed, that the King's revenues were sufficient to maintain him if he lived within compass; that the rest might be supplied out of the estates and by the death of those on whom he had bestowed the public patrimony; and that the King in the mean time should be committed to custody, as unfit to rule, till they elected another, who might teach others by his example to live sparingly and hardly, after their Country custom, and might transmit the discipline received from their ancestors to posterity. With which free speech he growing very angry, instead of pacifying their discontented minds, inflamed them more with his cruel threatenings; whereupon the King being laid h●nds on by those who stood next him was s●ut up in a Hall with a few attendants: his Courtiers, the authors of ill counsel were presently brought to punishment, and A●g●●us a Nobleman made Viceroy till the people should meet to elect a new King; after which C●na●● spent with grief and sickness, died in prison. King Eth●d●us his son being an infant ●i brother Tetra●ell was chosen King, who murdering his nephew, cutting off divers of the Nobles, and spo●ling the common people, to establish the Kingdom in himself, he grew so edicus and so much diminished his authority in a short time, that he stirred up divers seditions; which he not daring to go abroad to suppress●, b●ing generally hated, was at last strangled by his own fellowers in the night, in his own House. Ethedius the 2. being a stupid man, and of a duller wit than was suitable to the government of so fierce a people, the Nobles hereupon assembling together o●t of their respect to the family of Fergusius, would not wholly deprive him of the name of a King, though he were slothful being guilty of no crime, but assigned Him governor's to execute Justice in every County: at last he was slain in a tumult of his familiars. King Athirco his son degenerating from his former virtues, and growing extremely covetous, angry, luxurious, slothful, and leaving the company of all good men, was not ashamed to go openly in the sight of the people playing upon a Flute, and rejoicing more to be a Fi●ler, than a Prince; whereby he became very odious to the people: at last ravishing the daughters of Nathalocus a Noble man, and then whipping and prostituting them to his lewd companions lusts; thereupon the Nobles rising up in Arms against him, when he had in vain endeavoured to defend himself by force, being generally deserted by his own people, who hated him for his wickedness, he murdered himself, and his brother Donus was enforced to fly with his little ones to the Picts to save his life. Nathalicke succeeded in his Realm, governing it ill by indigent ordinary persons, who would attempt any wickedness, and treacherously strangling divers of the Nobility, who were opposites to him, in the prison to which he committed them, to establish his Kingdom; thereupon their friends with others, being more enraged against him, raised an Army to suppress him; which whiles he endeavoured to resist he was slain by one of his own servants, or as some say, by a Sorceress with whom he consulted to know his end. King Findocke being treacherously slain through the conspiracy of Carantius his second brother, Donald his third brother was elected King. Donald of the Isles, usurping the Realm by violence, so far oppressed the people by ill officers and discords raised amongst them, that he durst seldom stir abroad; he never laughed but when he heard of the discord and slaughter of his Nobles: for which he was at last surprised and slain by Crathilinthus, who was unanimously elected King, and slew all th●s tyrant's children. After the death of Fircormarch there were great divisions and wars for the Crown between Romach and Angusian, two brethren; Romach at last conquering his brother and chase him into Ireland, gained the Crown rather by force, then love of the people; which to preserve, he showed himself very cruel to the adverse party, reduced capital causes to his own arbitrement, and putting many to death, struck a general fear in all good men: Upon this he grew so generally odious to all estates, that they conspired against, and suppressed him before he could collect his Forces; and cutting off his head, carried it about 〈◊〉 Poll, as a joyful spectacle to the people. k Buch. l. 5. p. 146. 147. 156. 160. 17●. Graft. part 7 p. 94. 125. Constantine the first, of Scotland, as soon as he obtained the Crown, loosed the reins to all Vices: he was cruel and covetous towards his Nobles, kept company with men of the basest Rank; gave himself only to the rapes of maids, matrons, and immoderate feasts, having fiddlers, Stage-players, and ministers of all sorts of pleasures almost about him: with which vices the Nobles of Scotland being offended, admonished him of his duty. But he proudly contemning them, wished them to look after other matters, saying, he had council enough from others, and that they should lay aside their false hope, that they could reclaim the King by their Council. On the contrary he was of so poor a dejected Spirit towards his enemies, that he not only granted them peace, but remitted them injuries, and restored them Castles as soon as they demanded them. Which caused the Picts and Scots to consult together to depose him by force of Arms; from which Douglasse dissuaded them for the present, by reason of their foreign wars with the Britan's and Saxons: In the end, he was slain for ravishing a Nobleman's daughter in the 15. year of his Reign. King Goran was slain by the people for favouring Towers chief Inquisitor or judge of capital causes, who much oppressed the people; his children being young, Hugonius succeeded to the Crown; and afterwards his brothers Congalus and Kumatel, after whom Ardan the son of King Goran reigned. Ferquhard the 52. King of Scots a crafty man, desiring to turn the Kingdom into a tyranny, nourished great divisions among the Nobles; but they discovering his malice privily enter into an accord among themselves, and calling a Parliament, summoned him thereunto: who refusing to appear, keeping within his Castle; they thereupon took it by force, and brought him to judgement against his will; where many and grievous crimes, among others, his cruelty and negligence in the affairs of the Commonwealth; the Pelagian Heresy, with contempt of Baptism, and the other Sacraments, were objected against him; of none whereof he being able sufficiently to purge himself, was cast into prison; where, out of shame and sorrow, he slew himself. Ferquhard the second, a man polluted with all kind of wickedness, an unsatiable desirer of wine and money, inhumanely cruel towards men, and impious towards God, when he had every where vexed others with cruelty and rapines at last turned his fury against his own, slaying his own wife, and ravishing his own daughters: for which wickednesses he was excommunicated: but the Nobles willing to assemble together to punish him, Grafton part. 7. ●. 125. 126. 130. 131. Buch l. 5 p. 162. ●63. 165. l. 6. p. 1ST. ●75 176. 183 18●, 186. 187 188. 189. 196 197 198. etc. 200. 201. were dissuaded by holy Bishop Colman, who told the King openly, that some Divine judgement would shortly seize upon him, which fell out accordingly, for falling into a Fever, and not abstaining from his intemperance, he was eaten up of louse. Maldwin 55. King of Scotland was strangled by his Queen, for suspicion of Adultery with an Harlot; for which fact she herself was burned 4 days after. Amberkelethus a vicious wicked king, was slain by one of his own men, with an arrow in the night, when he was marching against the Picts; whereupon, lest the Army should be dissolved or left without a General, Eugenius the 7th was presently chosen King in the Tents: who making peace with the Picts, his wife being slain in his bed by two conspirators who sought his life, the king being suspected of this murder was thereupon imprisoned; but before his trial set at liberty, by the apprehension of the Murderers. King Eugenius the 8th, rushing into all Vices, and neither regarding the admonitions of his Nobles or Clergy, was for his filthy lusts, covetousness, and cruelty, slain in the assembly of his Lords by their general consent, and his companions in wickedness and villainy hanged, which was a grateful spectacle to the people. Fergusius the third succeeded him both in his Crown and Vices; he was a foul drunken glutton, and so outrageously given to Harlots, that he neglected his own wife, and brought her to such poverty, that she was forced to serve other Noble women for her living; wherefore to expiate this disgrace, she murdered him in his bed, and afterwards slew herself also. Donald the 70 King of Scotland, gave himself wholly to his pleasures, keeping none but Hunters, Hawkers, and inventors of new lusts about him, on whom he spent the revenues of the Realm, by which he corrupted the youth of the kingdom: which the ancients of the Realm discerning, assembled and went to the King, admonishing him of his duty; which he notwithstanding neglected, till the wars roused him up. Which being ended, he returned to his pristine courses; Whereupon the Nobles fearing, lest this filthy and slothful man, who would neither be amended by the counsels of his friends, nor calamities of his people, should lose the remainder of the Kingdom which was left, cast him into prison; where for grief of his inhibited pleasures, or fear of public shame, he laid violent hands upon himself Constantine the second was inhibited by his Senators to make war before he had reform the corrupted youth of the Realm by good Laws; after which he was slain in battle by the Danes. King Ethus his brother and successor polluting himself with all vices, and drawing all the youth of the Country (prone to wickedness) with him, he was the reupon seized on by the Nobles; who making a long Oration to the people, wherein they related the wickednesses of his whole life, he was forced to renounce his right in the kingdom, and died in prison of grief, within three days after. Gregory being made King in his stead. Constantine the third turning Monk, Malchombe was elected king, who was slain by the conspiracy of thiefs; whose son Duffus being an infant, Indulfus enjoyed the Crown; to whom Duffus succeeding, was murdered by Donald: whereupon a Parliament was assembled to choose a new King, which elected Culenus: who at last degenerating into all licentiousness, ravished Virgins, Nuns, yea his own sisters and daughters, and set up a kind of public stews. For which being reprehended by the Nobles, he excused part by reason of his youth part by reason of fear, and acknowledging his sorrow for the residue, promised a ●endment. But he not reforming upon their admonitions, they departed from Court, that they might neither be witnesses nor partakers of his vices: The king freed of their troublesome company gave himself wholly to feasting and venery, spending nights and days in dishonest sports and pleasures with his dissolute companions; and to maintain his luxury, he pillaged and oppressed his Subjects, especially those who were rich; and by his disorders fell into a grievous sickness, which made him a deformed carcase, fit for nothing but to suffer the penalties of his vicious life, his Courtiers and companions spoiling the people every where in the mean time. Whereupon the Nobles were enforced to summon a Parliament at Scone, where the king was commanded to be present, that together with the rest he might consult how to provide for the public safety in his precipitate State of things: with which summons being awaked, he began to consult with his companions, what was best to be done for his own safety in these exigents: being unable to resist or flee, he resolved to go to the Parliament, hoping to find some mercy there for his good father's sake, to preserve him from falling into extreme misery; but in his way thither he was slain by the Thane of the Country for his violent ravishment of his daughter; his death was acceptable to all, because it freed them of such a monster with less labour than they expected: and Kenneth the third was made King in his place: who poisoning his Nephew Malcolm, heir to the crown after his decease, to settle on his own posterity, he caused the Lords in Parliament to repeal the ancient Law whereby the Crown descended to the next of kin during the minority of the right heir; and to enact, that the son should from thenceforth inherit the crown next after his father, through a Minor; that the Realm during his Minority should be governed by a Viceroy elected by the Parliament and Nobles till he came to 14 years of age; and after that by a Guardian elected by himself; that if the King's eldest son died having issue, the issue should inherit, before the second brother, etc. After which, the King generally hated for the poisoning of Malcolm, was slain by the practice and command of Fenella. He thus cut off Constantine surnamed the bald, son of Culen, pretending the new Law concerning the descent of the Crown to be unjust, obtained by force, and contrary both to the public liberty and safety; to wit, that an infant (commonly governed by a woman) being unable to govern, or repulse an enemy in times of danger, yea a curse of God upon a Realm, and therefore not to be endured or settled by a Law, especially in those time of war, when they had so many enemies) should be preferred before a Kinsman of full age, fit to reign; so ambitiously sought the Crown and made so many friends, that he procured himself to be proclaimed King at Scone; which Malcolm son of Kenneth (for whose sake this new Law was enacted) understanding, presently raised all the Forces he could, which being conducted by his brother Kenneth, Constantine and he in the second encounter were both slain one of another. After whose death Grame the son of Duffus usurping the Crown, when he and Malcolm were ready to encounter with their Arms, this agreement was made between them by Forthred a Bishop, that Grame should retain the Kingdom, and the new Law of succession be suspended during his life; and Malcolm succeed him after his death. After which Grame giving himself to all dissoluteness, covetousness and oppression, and warring upon those Nobles and Councillors, who advised him to reform his evil courses, with greater cruelty than any foreign enemy, destroying both men towns, cattle, fields, and making all a common prey; hereupon they called in Malcolm out of Northumberland to assist them, who encountering Grame, on Ascention day, took him prisoner, being deserted of his people, wounded in the head, and then put out his eyes; who soon after dying of sorrow and his wounds; Malcholme thereupon summoned a Parliament at Scone, and would not take the Crown till the Law concerning the succession made in his father's reign, was ratified by all their consents: against which Law Buchanan exceedingly inveighs in the beginning of his seventh Book, as the occasion and increase of all those mischiefs both to King and Kingdom, which it was purposely made to prevent. This Malcolm, after he had reigned long victoriously with much honour, in his declining age, growing very covetous, took away the lands he had formerly given to his Nobles for their good service in the wars, and punished divers of the wealthiest men so severely, that he brought many of them to death, others to extreme poverty; which injuries lost him all his love, honour, and so far exasperated the people, that partly out of revenge, partly to prevent further oppressions and to provide for their own security, corrupting his servants with money, they sent their agents into his chamber in the night, and slew him. Not to mention the murder of King m Buch. l. 7. p. 213. to 230. Duncan by Machbed, who usurped his Crown through his pusillanimity; this Machbed, Heyl●●s G●●gr. ●. 507. 508. omitting no kind of libidinousnesse, cruelty, and tyrannising over the people for 18 years' space together, trusting to the predictions of certain wizards, that he should neven be overcome till Bernane wood did come to Dunsinane Castle, and that he should never be slain by any man borne of a woman. At last macduff governor of Fife joining himself to some few patriots who had escaped this Tyrant's sword, met at Bernane wood, and early in the morning every man bearing a bough in his hand, the better to keep them from discovery, took Dunsinane Castle by scalado: whence Machbed escaping was pursued, overtaken, and urged to fight bp macduff, to whom the Tyrant replied in scorn, that in vain he attempted his death, for it was his destiny never to be slain by any man borne of a woman: Now then said macduff, is thy fatal hour come, for I never was borne of a woman, but violently cut out of my mother's womb, she dying before I was borne; which words so daunted the Tyrant, though otherwise valiant, that he was easily slain, and Malcolm Conmer the true heir of the Crown, seated in the Throne. King Donald being odious and cruel to his subjects, they sent for Duncan Malcombes bastard, who expelled him the Realm, and was created King in his steed; who proving harsh, cruel, and Imperious to his Subjects, fell into their hatred, and was beheaded in the night by Marpender Earl of Murry, corrupted with money by Donald to murder him. Donald permitting the Isles to be taken and possessed by Magnus' King of Norway, and suffering his Realm to be wasted by a secret agreement; thereupon the Scots sent for Edgar Malcombes son, to take possession of the Crown, who entering into Scotland with small forces, Donald being deserted by his people, betook himself to flight, but being apprehended and brought back to Edgar, he was cast into prison, and not long after died. King Malcolm the fourth, at a Parliament at York parting with divers of his Crowne-lands to King Henry without his people's consents so far incurred their hatred, that upon his return they besieged him at Barwick, and almost took him prisoner, but by the mediation of some of his Council, who informed the Nobles, that the King was by violence & fraud circumvented by the King of England, of the ancient patrimony of the Crown land, they resolved to recover it by war: the Scottish Nobility affirming, that the king had not any power to diminish or part with any lands appertaining to the Crown without all their consents in Parliament. This King after some encounters making a peace with the English upon unequal terms, wherein he parted with some of his ancient territories, out of his pusilanimity, against his Nobles consent▪ hereupon he grew so odious and contemptible to them, that they were all weary of his government, and caused many to take up Arms and Rebel against him. n 〈…〉. p. 25●. 〈…〉 ●abian Holin. Sp●ed, Graft. Daniel in the life of K. Edw. the 1. Walsingham ●podigma p. 79. After the death of King Alexander the third there was a Parliament summoned at Scone to consult about the creating of a new King; and the government of the Realm, during the Inter-regnum; where first of all they appointed fix men to rule the Realm for the present, and then heard and discussed the several Titles pretended to the Crown, the final determination whereof, they referred to King Edward the first of England as to the Supreme Sovereign Lord of the Realm: who selecting 12. Scottish, and 12. English Councillors to assist him; After full hearing, by general consent of all, adjudged the Crown to john Baylioll, husband to King Alexander's nightest Kinswoman: The Scots considering his simplicity and unaptnes to govern them, and scarce confiding in him being an Englishman, and elected by the K. of England, constituted them 12. Peers, after the manner of France, to wit, 4. Bishops, 4. Earls, and 4. Lords, by whose advice the King and all the affairs of the Realm, were to be governed and directed: He was taken and kept prisoner by the English. a Buchanan l. 9 10. 11. 12. p. 291. 334. etc. 412. 413. After the death of Robert Bruce, the Scots before their King was crowned, created a Viceroy to govern the Realm, who suppressed the thieves, and Robbers: Edward Bayliol son to john Bayliol succeeding Bruce, was afterwards rejected and deposed by the Scots, for adhering too closely to the English & K. Edward, and David Bruce elected K. in his place. Robert the 2d. of Scotland when a peace was propounded between France, England, and Scotland by the Pope, willingly consented thereunto, but his Nobles being against it, his assent alone was in vain; because the King of Scotland alone, can make no firm peace nor truce, nor promise which shall bind, but by public consent in Parliament. King Robert the 3d. dying of grief, for the captivity and imprisonment of his Son james, taken prisoner by our King Henry the 4th. as he was going into France, the Scots hereupon appointed Robert his uncle, by common consent, for their Viceroy, till james the (first of that name) right heir of the Cowne, were enlarged. james being freed and Crowned, summoned a Parliament, wherein an aid was granted him to pay his ransom, with much difficulty: he had many Civil wars with his Subjects, and at last was murdered by Robert Grame and his confederates, from whom he received 28. wounds in his Chamber in the night, whereof he presently died. james the 2. his son, being but 7. years old at his death, Alexander Leviston was chosen Protector, and William Crichton made Chancellor by Parliament; Which the Earl Douglas storming at, committed many insolences in a hostile manner. After which, Alexander and his faction opposing the Chancellor, and commanding that none should obey him, the Chancellor thereupon fortified Edinburgh Castle, and as the King was hunting early in the morning seized upon him with a troop of Horse, & brought him to Edinburgh Castle, where he detained him from the Protector till the peace of the Kingdom, and present divisions should be settled: which lasting very long by reason of Earl Douglas his ambition, power, and covetousness, who raised many grievous civil wars, he was at last stabbed to death by the King himself, Anno 1452. contrary to his promise of safe conduct to the Court, under the Kings and Nobles hands and seals: Whereupon his brethren and Confederates, meeting at Sterling, resolved to revenge his death, and tied the Kings and Nobles writing of safe conduct to an horses tail, which they led through the streets of Sterling, railing at the King and his Council as they went, and when they came into the market place (where they had 500 trumpets sounding) they by an Herald, proclaimed the King and all that were with him, fedifragus, perjured, and enemis of all good men: and then spoiled and burned the Town, Country, with all places else that were firm to the King; between whom and the king's party, a bloody civil war (to the spoil of the Country) continued above two years' space with various success; till at last with much difficulty this fire was extinguished and the King casually slain with the breaking of a Cannon: whose son James the 3. being but 7. years old, was proclaimed king in the Camp, and the Queen Mother made Regent, till a Parliament might be called to settle the government; but when the Parliament assembled, upon the b Buchanan l. 12. p. 417. to 430. 441. to 456. Heylin p. 510. Oration of Kenneth Archbishop of Saint Andrew's showing the Inconveniences and unfitness of a woman's Government, they Elected 6. Regent's to govern the King and Realm during his minority. After which Bodius was made Viceroy: This king being seduced by ill Courtiers and Councillors which corrupted him, thereupon divers of the Nobles assembling together, resolved to go to the Court, to demand these ill Councillors and seducers of the King and then to execute them; which they did accordingly, and that with such fury, that when they wanted cords to hang some of them, they made use of their horses bridles, and every one strave who should be forwardest to do this execution. The king promising reformation, was dismissed; but in steed of reforming he meditated nothing but revenge, blood and slaughter in his mind; and plotting secretly to murder the Nobles in Edenburg, by the help of Earl Duglasse; he detesting the fact and revealing the Treachery, thereupon the Nobles who formerly desired only his reformation, took up Arms to destroy him, as one incorrigible and implacable; whereupon they made the King's son Viceroy, and knowing the king's perfidiousness, would yield to no terms of peace, unless he would resign up his Crown to his son: which he refusing, thereupon they gave him battle and slew him, as a common enemy. After which calling a Parliament, they created his son james the fourth king; who coming under the power of the Duglasses, rescued himself at last from them: and invading England, Anno. 1542 when he proclaimed Oliver Sincleer his favourite, General, the Scottish Nobility took it in such indignation, that they threw down their weapons and suffered themselves to be taken prisoners; whereupon the king growing sick with grief and anger, soon after died. c Buch. l. 16. to the end of 12. Holin. Chytr. Chron. Saxor. l. 21. p. 640 641. 642. 836. Speed, in the life of Queen Mary, and Queen Elizabeth Cambdens Elizabeth, and others. See Knocks his History of Scotland. Anno. 1555. Marry the Daughter of king james the sixth of Scotland, and heir to the Crown, being within age, her mother Queen Mary, by common consent was made Regent, and she by common consent and council of the Nobles, married to Francis Dolphin of France. In the mean time there happening some troubles and wars about the reformed Religion, which many of the Nobles and people there contented for; the Queen Mother, granting those of the Religion, a confirmation of their liberties and Religion by way of Truce for 6 months, she in the mean time sends for Soldiers out of France, wherewith she endeavoured to suppress Religion, with the remaining liberty of the Scots, and to subject them to the French. Whereupon the Nobles of Scotland who stood for the defence of their Religion and Liberties, by a common decree in Parliament, deprived the Queen Mother of her Regency, make a league with our Queen Elizabeth, being of the reformed Religion, and receiving aid both of men and money from her, besieged the Queen Mother in Edinburgh Castle, where she died of grief and sickness. After which they expelled the French, and procured free exercise of the Reformed Religion. In the mean time Francis dying, the Queen sends for Henry Steward out of England, where he and his Father had been Exiles; marries and proclaims him king, july 29. 1564. which done, she excluded the Nobility from her Counsels, and was wholly advised by David Ritzius, a Subaudian, whom she brought with her out of France, and did all things by his Council; wherewith the Nobles being much discontented, finding him supping with the Queen in a little Chamber, commanded him to rise out of the place, which did little become him, and drawing him out of the Chamber, stabbed him to death, Anno. 1565. The Queen soon after was delivered of a son and heir, james the 6. and then admits james Hepburne Earl of Bothwell into most intimate familiarity with her, setting him over all affairs of the Realm, granting nothing to any petitioner almost but by him; and her husband Steward being dead, (whether of a natural death or poison is yet in controversy) she married Bothwell openly, without the Lords and Parliaments consents. Hereupon the Nobles took up arms against Bothwel and the Queen, besieged the Queen till she rendered herself prisoner, upon this condition; that she should adjure and resign her interest in the Crown and Kingdom to her infant son; which they compelled her to perform, and appointed james Earl of Morton Viceroy, and Protector during the King's Minority. In the mean time the Queen was committed prisoner to the Castle of the Isle of the Lake Levine; where corrupting Duglasse her keeper, the Earl of Mortons' Nephew, and a shipmaster, she escaped to the hamilton's in safety, who having raised Forces to free her, waited her coming on the shore: But the Viceroy scattering these forces soon after, the Queen thereupon fled into England. Anno. 1568. Where Queen Elizabeth taking her expulsion ill, laboured that she might be restored to the Crown, which could not be effected, but by Arms; or mediation; and neither of them without knowledge of the cause. Whereupon the Queen sent for the Viceroy and Council of Scotland into England, to answer the complaints of their Queen against them; which they did in a writing, (composed by Buchanan, and afterwards Printed both in Latin and English,) wherein they showed the grounds and order of their proceedings against their Queen; wherewith the Queen and Council were satisfied, that they had proceeded rightly and orderly: yet to keep both sides in suspense, she pronounced no definitive sentence: The Viceroy departing into Scotland, was afterwards murdered by the hamilton's, and Matthew Steward Earl of Leseux made Viceroy in his steed. The Queen in the interim treated with Thomas Howard Duke of Norfolk, about a match with him, and to seize upon the Realm of Scotland, whereupon he was committed to the Tower, and she restrained; after which she was solemnly arraigned and condemned to death by the Parliament of England for conspiring Queen Elizabeth's death, etc. and for it beheaded at Fotherringham Castle. Feb. 8. 1587. The History of which Queen's life is more at large related by g Rerum. Scot Hist. l. 15. 16. 17. 18. 19 20. Buchanan and others; and her imprisonment and Deposition professedly justified as lawful by his Treatise, De jure Regni apud Scotos (compiled for that purpose) to which I shall refer the Reader. What the Lords and Realm of Scotland have done within these 5. years last passed in defence of their Religion Laws, Liberties, by holding general Assemblies, Parliaments, taking up arms, seizing the Forts and Ammunition of the Realm, and marching into England, against the King's consent and Proclamations, is so fresh in memory, so fully related in the Acts of Oblivion and Pacification, made in both Parliaments of England and Scotland, ratified by the King himself; and in particular Histories of this Subject, that I shall not spend time to recite particulars, but will rather conclude from all the premises with the words of r Rerum Scot l. 20. p. 746. 747. Buchanan; The Ancient custom of our Ancestors in punishing their Kings, suffers not our forcing of the Queen to renounce her right unto the Crown to her son, to seem a Novelty; and the moderation of the punishment, shows it proceeded not from envy: for so many Kings punished with death, bonds, banishment by our Ancestors, voluntarily offer themselves in the ancient Monuments of Histories, that we need no foreign examples to confirm our own act: For the Scottish Nation, seeing it was free from the beginning, created itself Kings upon this very Law, that the Empire being conferred on them by the suffrages of the people, if the matter required it, they might take it away again by the same suffrages; of which law many footsteps have remained even to our age: for in the Islands which lie round about us, and in many places of the Continent, wherein the Ancient language and constitutions have continued, this very custom is yet observed in creating Governors: likewise the Ceremonies which are used in the King's inauguration have also an express image of this Law; out of which it easily appears, that a Kingdom is nothing else, but the mutual stipulation between the people and their Kings: the same likewise may be most apparently understood out of the inoffensive tenor of the ancient Law, preserved from the very beginning of reigning among the Scots even unto our age; when as no man in the mean time hath attempted, not only not to abrogate this Law, but not so much as to shake it, or in any part to diminish it: Yea, whereas our Ancestors have deprived so many Kings as would be tedious to name, of their Realm; condemned them to banishment, restrained them in prisons, and finally punished them with death, yet there was never any mention made of abating the rigour of the Law; neither perchance undeservedly, since it is not of that kind of Laws which are obnoxious to the changes of times, but of those engraven in the minds of men in the first original of mankind, and approved by the mutual consent well-nigh of all Nations, which continue unbroken and sempiternal together with the Nature of things, and being subject to the commands of no man; domineer and rule over all men. This law (which in every action offers itself to our eyes and minds, and dwells in our breasts will we, nill we) our Ancestors following, were always armed against violence, and suppressed the unruliness of Tyrants. Neither is this Law proper only to the Scots, but common to all wellordered Nations and People: as the Athenians, Lacaedemonians, Romans, Venetians, Germans, Danes: which he there manifests by examples. So that I may hence infallibly determine, the Realm, Parliament, and Nobles of Scotland, collectively considered, to be the Sovereign power in that Realm, superior to the Kings themselves: from whom I shall proceed to Scripture Precedents, in the Kings and Kingdoms of the Gentiles, Israel, and judah, recorded in Scripture. The Kings of the Gentiles, Israel, and judah. Now lest any should object, that all the forecited Examples and Authorities are but humane, and no convincing evidences to satisfy the Conscience, That whole Kingdoms, States, and Parliaments are above their kings, and of greater power than they, I shall therefore (to close up this Postern Gate of Evasion) conclude with Scripture Presidents, ratifying this truth beyond all contradiction. To begin with Heathen kings and States therein recorded. I read in the 1 Sam. 29. and 1 Chro. 12. 19 That when David with his men offered to go with Achish and the Philistines against King Saul (his Sovereign) and the Israelites to Battle, and passed on in there reward with Achish; the Princes of the Philistines seeing it, said, What do these Hebrews here? To whom Achish answered, Is not this David the servant of Saul King of Israel, which hath been with me these years, and I have found no fault in him since he fell unto me unto this day? Hereupon the Princes of the Philistines were wroth with him, and taking advice together, said to their King Achish, Make this fellow return that he may go again to his place which thou hast appointed him, and let him not go down with us to Battle, lest in the Battle he be an adversary to us; for wherewith should he reconcile himself to his Master? should it not be with the Heads of these men? Is not this David, of whom they sang one to another in dances, saying, Saul slew his thousands, and David his ten thousands? Then Achish called David, and said unto him, Surely as the ●ord liveth, thou hast been upright, and thy going out and coming in with me in the Host is right in my sight, for I have not found evil in thee since the day of thy coming; nevertheless the Lords favour thee not; wherefore now return and go in peace, that thou displease not the Lords of the Philistines,. And when David replied, What have I done, etc. that I may not fight against the Enemies of my Lord the King? Achish answered him, I know thou art good in my fight as an Angel of God, notwithstanding the Princes of the Philistines have said, HE SHALL NOT GO UP WITH US TO BATTLE; wherefore rise up early in the morning with thy Master's servants that are come with thee, and assoon as ye have light, depart; whereupon they returned. Here we see the Lords of the Philistines did peremptorily overrule their king against his will, who durst not contradict them; therefore they had a Power superior to his: as will further appear by 1 Sam. 5. 7, 8, 9, 10, 11. and ch. 6. 1, to 13. where when the Ark of God was taken by the Philistines, the Lords and People of the Philistines (not the King) met, consulted, and ordered, how it should be removed from place to place, and at last sent it back again. So Ahasuerus the great Persian Monarch, was advised, overruled by his Council of State, as appear by the case of Queen Vashti, Ester 1. and what his Princes thought meet to be done, that he decreed and proclaimed, verse 19, 20, 21, 22. So Artaxerxes king of Persia did all things of moment, by the advice of his Counsellors and Princes, Ezra 7. 28. and Chap. 8. 25. Great Nabuchadnezzar King of Babylon, (Dan 3. 2, 3. 24. chap. 4. 32, to 36.) was for his pride driven from men, put to eat grass with Oxen for aspace, till he knew that the most High ruleth in the Kingdoms of men. After which his understanding and reason returned to him, and the glory of his Kingdom, and his Councillors and Lords sought unto him, and established him in his Kingdom, he being overruled and counselled afterwards by them. So Daniel 6. Darius' King of the Medes and Persians, was overruled by his Lords and Princes, even against his will, to Sign a Decree, and to cast Da●iel into the Lion's Den for breach of it; and though the King were sore displeased with himself for Signing this Decree, and set his heart on Daniel, and laboured till the going down of the Sun to deliver him; yet the Princes assembling and telling the King, a Dan. 6. 14. to 20. Know O King, that the Law of the Medes and Persians is, that no Decree nor Statute which the King establisheth, (by the advice of his Nobles) may be changed, (to wit, by the king alone, without their advice: a clear evidence, that the greatest Persian Monarches were subject to the Laws of their Kingdoms, as well as other Princes;) Whereupon the King commanded, and they brought Daniel and cast him into the Den of Lions, and a stone was brought and laid upon the mouth of the Den, and the King Sealed it with his own Signet, and with the Signet of the Lords, THAT THE PURPOSE MIGHT NOT BE CHANGED concerning Daniel. Here this great king was even against his will constrained to be subject both to his Laws and Lords The like we read of Pharaoh king of Egypt, Exod. 1. 8, 9, 10, 11. who consulted with his people how to oppress the Israelites, as being unable to do it without their consents And Exod. 10. Pharaohs Councillors and Lords, (after sundry Plagues on the Land) said unto him, How long shall this man (Moses) be a snare unto us? Let the men go that they may serve the Lord their God; Knowest thou not that Egypt is destroyed? Whereupon Moses and Aaron were brought before Pharaoh, who said unto them, Go serve the Lord your God. And Esay 19 11. to 16. Surely the Princes of Zoan are fool's the counsel of the wise Counsellors of Pharaoh is become brutish: They have also seduced Egypt, even they that are the stay of the Tribes thereof. They then had an overruling power above their kings. So the great King of Nineveh, jonah 3. 7, 8, 9 proclaimed and published a general fast throughout the City, by the Decree of the King, and of his great men, making no public Laws, but by their advice and assents. In like manner we read in the 2 Sam. 5. 3, 4, 5. That the Princes of Hanun King of the Ammonites co●selled and overruled him (out of overmuch suspicion) to abuse David's messengers sent to him in love. And in the 1 Kings 22. 47. There was then no King in Edom, a Deputy was King; the kingdom appointing a Deputy then to rule them in stead of a king, and giving him royal authority: And in the 2 Kings 8. 22. 2 Chron. 21. 8. In the days of joram, Edom revolted from under the hand of judah (which had conquered it) and MADE A KING OVERDO THEMSELVES: and though joram smote the Edomites, who encompassed him, yet they revolted from under the hand of judah till this day: The electing and constituting of a king being in their own power. See Gen. 23. 3. to 20. and c. 34. 20. to 25. to like purpose. These being all Pagan Kings and States, I come to the Israelites themselves; wherein for my more orderly proceeding, and refutation of the many gross erroneous Assertions of * Court Doctors and Royalists touching the estate and Sovereignty of their Kings, whom they would make the world believe to be absolute Monarches, subject to no Laws, to derive all their royal authority from God alone, and no ways from the people; to be merely hereditary and elective, to be above all their people, irresistible in their Tyrannical wicked proceedings, and no ways subject to their Realms and Congregations overruling control, much less to their defensive oppositition or deprivation; I shall digest the whole History of their Kings and Kingdoms jurisdictions and power into these ensuing propositions, which I shall clearly make good out of Scripture, as I propound them in their order. First, That the original Creation and Institution of the Israelites Kings and Kingdoms proceeded only from the power and authority of the people, and that solely by Divine permission, rather than institution: This is most apparent by Deuter. 11. 14, 15. When thou art come unto the land which the Lord thy God giveth thee, and shalt possess it and dwell therein, and shalt say, I WILL SET A KING OVERDO ME, like as ALL THE NATIONS THAT ARE ABOUT ME; THOU SHALT in any wise SET HIM KING OVERDO THEE, whom the Lord thy God shall choose; one from among thy brethren SHALT THOU SET OVERDO THEE, THOU MAYST NOT SET A STRANGER OVERDO THEE, which is not thy Brother. Where God himself by way of * See Cunaeus de Repub. Heb. l 1. c. 14. prophecy of what afterwards should come to pass, expressly declares, first, that the primary motion of changing the government of the jews from judges and an Aristocracy into a Kingdom, should proceed from the people's inclination, as the words, and shalt say, I will set a King over me, etc. import. Secondly, that the authority to change the Government into a Regality, to create and make a King, resided in, and the authority of the King proceeded merely from the people, as the words, I will set a King over me, Thou shalt set him over thee; (four times recited in two Verses;) manifest beyond dispute. Thirdly, that all Nations about them who had Kings, had the like power to create and make their kings, as the words, Like as all the Nations that are about me, witness. All which is evidently confirmed by josephus, Antiqu. judaeorum, l. 4. c. 8. by Carolus Sigonius de Repub. Hebraeorum, l. 7. c. 3. Bertram, Cunaeus, * Ius. Regium Heb. Schikardus, and * See Steph. junius Brutus, Vindic. Contra Tyranno●, q. 3. p. 83. ●0. 92. De jure Magistr. in Subditos. p. 272. 273. divers Commentators on this Text: The History of the change of their State into a Kingdom, and of their judges into kings, added to this Prophecy and precept, will leave no place for any scruple. We read in the 1 Sam. 8. that the people growing weary of samuel's government who judged them, by reason of the ill government of his sons, who took Bribes, and perverted judgement; thereupon ALL THE ELDERS OF ISRAEL GATHERED THEMSELVES TOGETHER, and came to Samuel unto Ramah, and said unto him, Behold, thou art old, and thy sons walk not in thy ways, now MAKE US A KING TO JUDGE US LIKE ALL THE NATIONS: But the thing displeased Samuel, when they said, Give us a King to judge us; and Samuel prayed unto the Lord; And the Lord said unto Samuel, HARKEN UNTO THE VOICE OF THE PEOPLE IN ALL THAT THEY SAY UNTO THEE; for they have not rejected thee, but they have rejected me that I should not reign over them; According to all the works that they have done since the day that I brought them out of Egypt, even unto this day; wherewith they have forsaken me, and served other gods, so do they also unto thee: Now therefore hearken to their voice; howbeit, yet protest solemnly unto them, and show them the manner of the King that shall reign over them. And Samuel told all the words of the Lord unto the people that asked of him a King; and he said, This will be (not aught to be) the manner of the King that shall reign over you, he will take your sons, and appoint them for himself, etc. and ye shall be his servants: and ye shall cry out in that day because of YOUR KING WHICH YE SHALL HAVE CHOSEN YOU, and the Lord will not hear you in that day. Nevertheless, the people refused to obey the voice of Samuel, and they said, Nay, BUT WE WILL HAVE A KING OVERDO US, that we also may be like all the Nations, and that our King may judge us, and go out before us, and fight our battles. And Samuel heard all the words of the people, and rehearsed them in the ears of the Lord: And the Lord said unto Samuel, Harken unto their voice, and make them a King. After which, when God had appointed Saul to be their King, b 1 Sam 12. 12, 13, to 20. Samuel called the people together unto the Lord in Mizpeh, and recapitulating the great deliverances God had done for them, added, And ye have this day rejected your God, who himself saved you out of all your adversities and tribulations, and ye have said unto him, Nay, BUT SET A KING OVERDO US, etc. And Samuel said unto all the people, See ye him whom the Lord hath chosen, that there is none like him among all the people? And all the people shouted and said, God save the King. After which he c 1 Sam. 12. 12, 13. to 20. expostulated again with them thus, And when ye saw that Nahash King of the Children of Ammon came against you, ye said unto me, Nay, BUT A KING SHALL REIGN OVERDO US, when the Lord was your King; Now therefore behold the KING WHOM YE HAVE CHOSEN, AND WHOM YE HAVE DESIRED, etc. that ye may perceive and see that your WICKEDNESS is great which ye have done in the sight of the Lord, IN ASK YOU A KING. And all the people said unto Samuel, Pray for thy servants unto the Lord thy God that we die not, for we have added unto all our sins this evil, TO ASK A KING. Which compared, with Hos. 13. 10, 11. I will be thy King, where is any other that may save thee in all thy Cities? and thy judges of whom thou saidst, GIVE ME A KING AND PRINCE'S? I gave thee a King in mine anger, and took him away in my wrath: with Acts 13. 21. And afterward THEY DESIRED A KING, and God gave them Saul the son of Cis, by the space of forty years. All these concurring sacred Texts will infallibly demonstrate, that this change of the judges into Kings, and the original creation of their Kings and kingdoms proceeded only from the importunity and authority of the people, who would not be gainsaid herein, not from God's institution, or samuel's approbation, who censured and disavowed this their motion, though they at last condescended to it; all which is elegantly related, confirmed by josephus, Antiqu. judaeorum, l. 6. c. 4, 5, 6, 7. By all this it is apparent, that the congregation and people of the jews had the Sovereign power in themselves, as well as other Nations, because the authority to alter the whole frame of their former Aristocratical Government into a Monarchy, resided in them, though they were taxed forchanging it in samuel's days, who had so justly, so uprightly judged them. Secondly, it is apparent, that the judges and kings of the Israelites were not properly hereditary, but oft elective by the people: and though God did sometimes immediately nominate the persons of those that should reign over them, as is apparent by Saul, David, jeroboam, john, others; yet the people did constantly confirm, make them kings, and gave them their royal authority, none being made kings by Divine appointment, but such as they willingly accepted, approved, confirmed for their kings; Gods previous designation being but a preparative to their voluntary free (not restrained or limited) election. The first king among the Israelites (though but over part of them) was Abimelech the son of jerubbaal, who was made king by the people's election, judges, 9 1, to 7. who having persuaded those of Sechem to elect him for their king, thereupon ALL THE MEN of Sechem gathered together, and ALL THE HOUSE of Millo went and MADE ABIMELECH KING: whence jotham thus upbraided them and him, Verse 14. to 19: Then said all the trees unto the Bramble, come thou and reign over us: And the Bramble said unto the trees, If in truth ye anoint me king over you, then come and put your trust in my shadow, etc. Now therefore if ye have done truly and sincerely in that YE HAVE MADE Abimelech KING, &c And that ye have risen up against my father's house this day, and have MADE Abimelech king, etc. We read judg. 8. 21, 23. that after Gideon had slain Zebah and Zalmunna, with the Midianites, The men of Israel said unto Gideon, Rule thou over us, both thou and thy sons, and thy son's son also, for thou hast delivered us from the hand of Midiar. And Gideon said unto them, I will not rule over you, neither shall my son rule over you, the Lord shall rule over you. Where we clearly see, the power and right to elect a Ruler, and to limit the government to him and his Issue, for three Generations only, to reside in the people's free election. So judges 10. 17, 18. and Chap. 11. 1. to 12. When the Children of Ammon were gathered together and encamped against Gilead, the people and Princes of Gilead said one to another, What man is he that will begin to fight against the children of Ammon, he shall be Head over all the Inhabitants of Gilead. And the Elders of Gilead went to fetch jephthah out of the Land of Tob, and said unto him, Come and be our Captain that we may fight with the Children of Ammon, and be our Head over all the inhabitants of Gilead: Upon promise of which dignity, he went with them to Gilead; and THE PEOPLE MADE HIM HEAD AND CAPTAIN OVERDO THEM. That the election and making of their Kings belonged of right to all the people, is past dispute, being so resolved by God himself, Deuter. 17. 14, 15. When thou art come into the land, etc. and shalt say, I WILL SET A KING OVERDO ME, like as all the Nations that are about me, THOU shalt in any wise SET HIM KING OVERDO THEE whom the Lord thy God shall choose; one from among thy Brethren shalt THOU SET OVERDO THEE, THOU MAYST NOT SET A STRANGER OVERDO THEE: Where the power of creating and electing the King, is left wholly to the people's free choice, with these general restrictions, that he should be one of their brethren, not a stranger, and particularly qualified as is there expressed. And though God did sometime design and nominate their Kings, yet he left the power of approbation and ratification of them free to the people, as is apparent by 1 Sa. 8. 18. And ye shall cry in that day, because of the King WHICH YE SHALL HAVE CHOSEN you. Hence Saul their first King, though nominated and designed by God and Samuel, was yet approved, confirmed and made King by the People. Who shouted and said, God save the King, when Samuel presented him to them; 1 Sam. 10. 24. d 1 Sa●. 11, 12, 13, 14. But the children of Belial despising and bringing him no presents, Verse 27. after Saul had conquered the Ammonites, who besieged jabesh Gilead; The people said unto Samuel, who is he that said, Shall Saul Reign over us? bring the men that we may put them to death. Then Saul said, There shall not a man be put to death this day; for this day the Lord hath wrought salvation in Israel. Then said Samuel to the people, Come let us go to Gilgal, and renew the Kingdom there. And ALL THE PEOPLE went to Gilgal, and there THEY MADE SAUL KING before the Lord in Gilgal: Where Samuel useth this speech to the people, concerning Saul, e 1 Sam. 12. 〈◊〉 Now therefore behold THE KING WHOM YE HAVE CHOSEN, and whom Ye have desired, the Lord hath set a King over you: (So that the choice and election of him, was as well theirs as Gods:) And Verse 25. he calls him Your King, because chosen and made by, as well as for the people. Saul being slain by his own hands, the Crown descended not to his son by way of descent, but David succeeded him by God's designation, and the People's election too; by whose authority he was made and crowned king, being formerly * 1 Sam. 16. 1. to 14. anointed by Samuel to succeed Saul. This is irrefragable by the 2 Sam. 2. 4. Where David going up to Hebron by God's direction, the men of judah came, and there They Anointed David King over the House of judah. After which 2 Samuel. 5. 1. 105. ALL THE TRIBES OF ISRAEL came to David to Hebron, and spoke saying, Behold we are thy bone and thy flesh. Also in time past, when Saul was King over us, thou wast he that leddest out and broughtest in Israel; And the Lord said to thee: Thou shalt feed my people Israel, and thou shalt be a Captain over Israel. So ALL THE ELDERS of Israel came to the King at Hebron, and King David made a League (or Covenant) with them before the Lord; and THEY ANOINTED DAVID KING OVERDO ISRAEL. And in the 1 Chron. 12. 23. to 40. We have a particular recital of the numbers of the bands that were ready armed to the War, and came to David to Hebron to TURN the Kingdom of Saul TO HIM; and came with a perfect heart to Hebron TO MAKE DAVID KING OVERDO ALICE ISRAEL; and ALL THE REST also of Israel were OF ONE HEART TO MAKE DAVID KING: Whose title to the Crown being afterward shaken by his son Absalon, who cunningly usurped it, (and that by the election of the people too; as is evident by Hushai his speech unto him, 2 Sam. 16. 18. Nay, but whom the Lord, and THIS PEOPLE, AND ALL THE MEN OF ISRAEL CHOOSE, his will I be, and with him I will abide, compared with 2. Sam. 29. 9, 10. And all THE PEOPLE were at strife thorough all the Tribes of Israel, saying; Absalon whom WE ANOINTED OVERDO US is dead, etc. A clear evidence the kingdom was then held elective, and that the people had the Sovereign power of electing and creating their kings;) f 2 Sam. 19 9 to 43. all the people throughout all the Tribes of Israel and the men of judah, to re-establish David in his Throne, being fled out of the Land, sent this Message to him; Return thou and all thy servants: Whereupon the King returned, and all the Tribes went as far as jordan to meet and bring him back again to Gilgal. David growing old, his son g 1 King. 1. 5. to 13. Adonijah, against his consent, accompanied with some great Officers and Courtiers of his party, usurped the Crown, and was by them saluted King; but David hearing of it, by God's election and choice, commanded Solomon (though not his eldest son) to be anointed and proclaimed King, and to sit upon his Throne in his life time: As soon as he was anointed and the Trumpet blew; ALL THE PEOPLE said, h 1 Chron. 23. 1. c. 28. 5, 6, 7, 8. c. 29. 1, 2. God save king Solomon. And ALL THE PEOPLE came up after him, and piped with flutes, and rejoiced with great joy, so that the earth rend with the sound of them; So that all Adonijah his company forthwith deserted him, and he and joab were glad to flee to the horns of the Altar for shelter. After which, David assembled all the Princes of Israel, the Princes of the Tribes, the Captains of Companies, thousands and hundreds, the Stewards, Officers, and mighty men, with all the valiant men of his kingdom, to jerusalem; then he declared to all the Congregation, i 1 Chron. c. 28. & 29. that God had chosen Solomon to sit upon the Throne of the kingdom of the Lord over Israel, and to build him an house, etc. exhorting them to contribute liberally towards this building, which they did; and when they had blessed the Lord, and offered Sacrifices to him ALL THE CONGREGATION MADE Solomon the son of David KING THE SECOND TIME, AND ANOINTED HIM unto the Lord, k 1 Chron. 29. 20. to 26. TO BE THE CHIEF GOVERNOR (his first Coronation being but private without the presence and consent of the whole Realm, but of those only then present in jerusalem:) Then Solomon sat on the Throne of the Lord, as king, instead of David his Father, and ALL ISRAEL OBEYED HIM; and all the Princes, and mighty men, and likewise all the sons of David submitted themselves to him as th●●r king: after he was thus generally elected and crowned king the 2. time by all the Congregation. And after David's death, he was l 2 Chron. 2. 1. 1 King. 2. 46. established and strengthened in his kingdom by the people's voluntary admission and free submission to him. From which History of Solomon it is clear. 1. That though David caused Solomon to be first crowned King privately to prevent Adonijah his usurpation; yet he thought that title not sufficient without a second Election, admission, and Coronation of him by all the People and general Congregation. 2. That till this his second inauguration by all the people, he was not generally acknowledged, nor obeyed by all as their lawful king. 3. That Gods and David's designation of Solomon to the Crown, did not take away the people's liberty, right and power, freely to nominate, make, and choose their kings; their previous designation being thus accompanied with this tacit condition, that the people likewise should freely elect, constitute, and crown him for their king, else what need of this their subsequent concurrent acceptance and second coronation of him for their king, by all the congregation, if their consents and suffrages were not necessary? or how could he have reigned over them as their lawful king, had not the people generally chosen, accepted, admitted him for their Sovereign? Solomon deceasing, m 1 King. 12. 2 Chron. c. 10. v. 11. Rehoboam his eldest son went up to Sechem: (what to do? not to claim the crown by descent from his Father, but by election from the people, as the following History manifests;) FOR ALL ISRAEL were come to Sechem TO MAKE HIM KING: if to make him king, than he was no king before they had made him, as many Divines most sottishly aver against the very letter of the Text n Antiq. jud. l. 8. c. 3. and josephus; (who writes, That it pleased the Assembly of the Israelites there held, that HE SHOULD RECEIVE THE KINGDOM BY THE PEOPLE'S CONSENT.) And jeroboam and ALICE THE CONGREGATION OF ISRAEL came and spoke unto Rehoboam, saying, Thy Father made our yoke grievous: now therefore make thou the grievous service of thy Father, and his heavy yoke which he put upon us lighter, AND WE WILL SERVE THEE: (because naturally subjects delight in mild Kings, who will somewhat descend from their altitudes, saith n Antiq. jud. l. 8. c. 3. josephus.) This was the condition they propounded to him before they would accept him for their king, and upon this condition only would they admit him to reign over them; therefore doubtless the disposal of the Crown and limitation of the kings royal power resided in all the congregation, who had authority to prescribe their kings what equal and just conditions they pleased. And he said unto them, depart yet for three days, then come again to me; and the people departed. Hereupon Rehoboam consulted with the old men that stood before Solomon his Father, while he lived, and said, how do you advise that I may answer this people? And they spoke unto him, saying; If thou wilt be A SERVANT unto this people this day, and wilt SERVE THEM and answer them, and speak good words to them THAN THEY WILL BE THY SERVANTS FOR EVER; But he forsook the Counsel of the old men, which they had given him, and consulted with the young men that were grown up with him, and which stood before him, and following their ill advice: when jeroboam and all the People came to Rehoboam the third day, as he had appointed; the King answered the people roughly; and forsaking the old men's Counsel, he spoke unto them after the Counsel of the young men, saying; My Father made your yoke heavy, and I will add to your yoke; my Father chastised you with whips, but I will chastise you with scorpions. Wherefore the King HARKENED NOT UNTO THE PEOPLE, for the cause was from the Lord, etc. SO WHEN ALL ISRAEL SAW THAT THE KING HARKENED NOT UNTO THEME the People answered the King (through indignation with one voice, writes josephus, saying; What portion have we in David; NEITHER HAVE WE INHERITANC) IN THE SON OF JESSE, (that is, we have not entailed our Subjection nor the inheritance of this our Realm to David and his seed for ever, but are still free to elect what King we please;) to thy Tents O Israel. Now see to thine House, David: so Israel departed to their Tent. But as for the children of Israel which dwelled in the Cities of Judah. Rehoboam reigned over them: (the Tribes of judah and Benjamin CHOOSING HIM THEIR KING BY THEIR COMMON SUFFRAGES, writes josephus.) Then King Rehoboam sent Adoram who was over the Tribute (to excuse saith josephus, the petulancy of his young tongue, and to appease the minds of the enraged vulgar:) And all Israel stoned him with stones that he died: therefore King Rehoboam (imagining truly, that himself was stoned in his servant, and fearing lest the once conceived hatred should be poured out on his own head, tremblingly getting up into his chariot, as hastily as he could) made speed to flee to jerusalem. p 2 King. 20. 1. to 7. So Israel fell away from the house of David unto this day. And it came to pass when ALL ISRAEL heard that jeroboam was come again, that they sent and called him unto the Congregation, AND MADE HIM KING OVERDO ALICE ISRAEL, etc. (it being so preordained by God, 1 King. 12. 26. to 41.) Lo here the whole Congregation, or Parliament of Israel, if I may so style it, had full and free power to reject Rehoboam from the Crown, for refusing to subscribe to their conditions; to elect jeroboam for their lawful King, and erect a new Kingdom of their own, divided ever after from that of judah: which action I shall prove anon to be lawful, warranted by Gods own divine authority, and no sin, nor rebellion at all in the People; who never admitted Rehoboam for, or submitted to him as their lawful Sovereign. So jehu having slain King joram, Ahabs eldest son, sent a Letter to Samaria where his other 70. sons were brought up, to the Rulers and Elders there, wishing them to look out THE BEST AND MEETEST of their Master's sons, and set him on his Father's throne, and fight for their Master's house: But they being exceedingly afraid, said; two Kings could not stand before him, how then shall w● stand? and sent word to jehu, We are thy servants, and will do all that thou shalt bid us; WE WILL NOT MAKE ANY KING. A clear evidence that the kingdom was then elective, and that they had power to choose the meetest man (not eldest brother) for their king. After this, q 1 King. 16. 15, 16, 17, to 24. Zimri slaying Baasha king of usrael, and usurping the Crown, the people then encamped about Gibbethon hearing of it, that Zimri had conspired and also slain the King; Wherefore ALL ISRAEL MADE OMRI Captain of the Host king over Israel that day in the Camp, who burned Zimri in his Palace: then were the People divided into two parts: half of the People followed Tibni to make him king, and half followed Omri: But the people that followed Omri prevailed against the people that followed Tibni; so Tibni died, and Omri Reigned, being made king only by the people's free election, without any divine designation. So r 2 King. 11. 2 Chron. 22. 10. & 23. Iese●●us Antiq jud. l. 9 c. 7. joash the son of Ahaziah, when Athaliah had usurped the Crown and kingdom of judah near seven year's space, was MADE KING, anointed and crowned by jehoiadah the High Priest, the Captains of hundreds, and ALL THE PEOPLE OF THE LAND, (who rejoiced at it) when he was but 7. years old, and Athaliah was apprehended, deposed, and murdered by them as an Vsurpresse. s 2 Chron. 25 27. 28. c. 2. 61. 2 King. 14. 19 20, 21. So Amaziah King of judah being slain by a Conspiracy at Lachish ALL THE PEOPLE OF JUDAH took Vzziah who was but 16. years old, and MADE HIM KING instead of his Father. t 2 King. 15. ● 2 Chron. 27. 21: Vzziah king of judah being smitten with Leprosy unto the day of his death, dwelled in a several house, jotham his son (in the mean time by common consent) was over this house, judging the people of the Land: v 2 King. 21. 23. 2 Chro. 35. 25. Ammon king of judah being slain by his own servants, the people of the Land slew all them that had conspired against Ammon: And THE PEOPLE OF THE LAND MADE josiah his son King in his stead. And after x 2 Chron. 36. 1. 2 king. 23. 30. josiah his death, the PEOPLE OF THE LAND took jehoabaz the son of josiah and MADE HIM KING in his Father's stead in jerusalem. From all which sacred Texts and Precedents; as likewise from Hosea 8. 4. THEY HAVE SET UP KINGS, But not by me; THEY HAVE MADE PRINCES, and I knew it not; it is most apparent, that the kings of Israel and judah, were usually elected by, and derived their Royal authority from the people, who made them kings, and received not their kingdoms and Crowns immediately from God himself by a divine right: which may be further conmed by the 1. Macab. 9 28. 29. 30. After the death of judas Maccabeus; all judas his friends came unto jonathan his brother, and said unto him, since thy brother judas died, we have none like to him to go forth against our enemies: Now therefore WE HAVE CHOSEN THEE this day TO BE OUR PRINCE and Captain in his stead, that thou mayst fight our battles. Upon this jonathan took the Government on him at that time. After Jonathan's death, the People said unto Simon his brother with a loud voice, 1 Mac. 13. 8. 9 Thou shalt be our Leader instead of judas, and jonathan thy brother; fight thou our battles, and whatsoever thou commandest us, we will do. And the jews and Priests were well pleased that Simon should be their Governor, Captain, and High Priest; and Simon accepted thereof, 1 Mac. 14. 41. to 49 Hence Carolus Sigonius de Repub. Hebraeorum, l. 7. c. 3. writes, That the kings of the Israelites were created by the Suffrages of the People; that the Kingdom of Israel was translated to divers Families for their idolatry; that although the kingdom of judah were in some sort hereditary, yet it was confirmed by the Suffrages of the People (which he proves by the example of Rehoboam and others) and that they obtained the Royal dignity not only by inheritance, but likewise by the Suffrages of the People, as every one may clearly know, who shall but consider the Histories of their kings; Which plainly refutes the wild, impudent, false assertion of the Author of An Appeal to thy Conscience, newly published, p. 13. where thus he writes: Observable it is, that throughout the whole Scriptures we read not of Any King (I doubt he never read the Scriptures, else he could not be so grossly mistaken) THAT WAS CHOSEN BY THE VOICE OF THE PEOPLE: Nor of an Aristocracy, that is, where the Nobles govern, nor of a Democracy, that is where the people govern. And therefore let them consider how they can answer it at the last day, who shall endeavour to change an hereditary kingdom into an elective, or any other form of Government whatsoever: that the people do properly and absolutely make a king is false, etc. But had this illiterate ignoramus seriously perused the precedent or subsequent Texts here cited, with the best Commentators on them, or read over advisedly, Iosh. 22. judges 17. 6. c. 18. 1. c. 19 1. c. 21. throughout; with the Books of Ezra, Nehemiah, Judges, Esther, Maccabees, the four Evangelists touching Christ's arraignment and death, Acts 4. 5. 22. 23. 24. and 25 chapters or consulted with Josephus, Philo, Paul Eber, Godwin, Cunaeus, Sigonius, Bertran, or any others who have written of the Jewish Antiquities of Republic, he could not have had the impudence to have published such gross untruths, and should have found not only divers kings in Scripture created by the voice of the people, but an hereditary kingdom oft changed into an elective, yea into an Aristocratical and no Royal government; and an Aristocracy and Democracy to, even among the Jews themselves, whose government before their kings: was merely Aristocratical, as josephus Antiqu. Jud. l. 4. c. 8. Carolus Sigonius de Repub. Hebr. l. 1. c. 5. Cunaeus, Schickardus, Bertram, Paul Eber, and all * Dee jure Magistratus in subditos: & junius Brutus Vindicia contr. tyrannos qu. 1. 2. 3. passim. others that I have seen, except this Animal irrationale risibile, punctually determine, they having no kings of their own before Saul, nor any after Zedekiah. Therefore I shall spend no more waste paper to refute this palpable error, so confidently asserted by parisiticall Court Doctors, who make no conscience of writing any, though the grossest untruths, which may advance the absolute Sovereign Arbitrary tyrannical government of kings, to oppress and enslave the people. Thirdly, 3. that the Kings of judah and Israel were * See 〈◊〉 Brutus Vindic. Contr. Tyrant. qu. 3. 4. p. 46. to 66. 194, 165, 166. where this is largely manifested; & de jure Magistratus in S●bditos qu. 6. p. 272. 273, 274. no absolute Sovereign Princes, but took their Crown with and upon such Divine conditions, for breach whereof they and their posterities were oft times by God's command, just judgement, and speeiall approbation deposed, disinherited, destroyed, and the Crown translated to other families. This is evident by direct Scriptures, Deuter. ●7. 14. to the end. Thou shalt in any wise set him King over thee whom the Lord thy God shalt choose; one from among thy Brethren shalt thou set King over thee; thou mayst not set a stranger over thee, which is not thy Brother. Here is an express limitation and condition in respect of the person of the King; the conditions in regard of his royal administration follow, which are partly Negative, partly positive, But he shall not multiply Horses to himself, nor cause the the people to return to Egypt, etc. Neither shall he multiply wives to himself, that his heart turn not away; neither shall he greatly multiply to himself silver and gold. And it shall be when he fitteth on the throne of his Kingdom, that he shall write him a Copy of this Law in a Book, out of that which is before the Priests the Levites; and it shall be with him, and he shall read therein all the days of his life, that he may learn to fear the Lord his God, to keep all the words of this Law, and these Statutes to do them; That his heart be not lifted up above his brethren, and that he turn not aside from the Commandment to the right hand or to the left, to the end that he may prolong his days in his Kingdom, he and his children in the midst of Israel. Here all the kings of the Israelites when their kingdoms should be erected, are strictly bound by God himself to negative and positive conditions, upon performance whereof, they and their children should prolong their days in the kingdom, and perpetuate their thrones in the midst of Israel, and upon breach whereof they and their posterity should lose both their lives and kingdom to; as the last clause insinuates, and the subsequent Texts in direct terms aver. But what if the king should violate these conditions, might the people lawfully resist him? a Antiqu. 〈…〉 8. josephus in his paraphrase on this very text, which I shall cite at large, resolves they might; Truly the government of the best men (or Aristocratical government) is best; and to live in a Republic thus administered, nor is there cause why you should desire any other kind of government, but it is best, that contenting yur selves with this, you continue within the power of your Laws and of yourselves: But if the desire of a king shall possess you, let there be none unless he be of your stock, and blood, and one to whom justice, with other virtues, are cordial: He whosoever he shall be, let him attribute more to the laws and unto God, than to his own wisdom, AND LET HIM DO NOTHING WITHOUT THE HIGH PRIESTS AND SENATE'S ADVICE; neither may he nourish many wives, nor possess very much money, and many Horses, with the plenty of which things he may easily become a contemner of the laws; and if he shall addict himself to these things more than is meet, OBSTANDUM EST, ne potentior fiat quam rebus vestris expedit, HE IS TO BE RESISTED, lest he become more potent than is expedient for your affairs: So he. Yea b Explanat. Artic. 42. Tom. 1. f. 84. Zuinglius with c True Difference between Christian Subjection, etc. part. 3. p. 513, 514. B. Bilson expressly resolve, that the people were bound to resist, question and depose their kings for their idolatry, and breach of these conditions; and that God himself justly punished them for Manasses sins and wickedness, because they resisted and punished him not for them, as they were obliged to do; as I have d Part. 3 p. 99 100 elsewhere manifested, to which I shall refer you. This condition most clearly appears in other Texts; as in the 1 Sam. 12, 13, 14, 15, 25. Where when Saul the first king of the Israelites was crowned at their earnest importunity, against Gods and samuel's approbation, Samuel used these speeches to them, Now therefore behold the King whom ye have chosen, and whom ye have desired, etc. If ye will fear the Lord and serve him, and obey his voice, and not rebel against the commandment of the Lord, then shall both ye and also the King that reigneth over you continue following the Lord your God. But if ye will not obey the voice of the Lord, but will rebel against the voice of the Lord, then shall the hand of the Lord be against you, as it was against your fathers, etc. But IF ye shall do wickedly, ye shall be consumed both ye and your King. After this Saul being distressed by the Philistines, weary of staying for Samuel, and presuming to offer sacrifice without him, hereupon e 1 Sam. 1●. 13, 14. Samuel said to Saul, Thou hast done foolishly, for thou hast not kept the Commandment of the Lord thy God, which he commanded thee, for now would the Lord have established thy kingdom upon Israel for ever; but NOW THY KINGDOM SHALL NOT CONTINVE, for the Lord hath chosen him a man after his own heart, and the Lord hath commanded him to be captain over his people, BECAVSE THOU HAST NOT KEPT THAT WHICH THE LORD COMMANDED THEE, Lo here the breach of God's conditions by king Saul, forfeited his Kingdom, and disinherited his posterity of it. So when he performed not God's command, in utterly destroying Amalek, sparing Agag and the best of the things; Samuel sharply reprehending him for this offence, said unto him, f 1 Sam. 15. 22, 23, 26, 28, 29, 30. Behold, to obey is better than sacrifice, and to hearken than the fat of Rams; for Rebellion (namely, king Saul's rebellion against God's command, not subjects rebellion against their Prince, not so much as once dreamt off in this Text as Court Doctors grossly mistake, and so miserably pervert this Scripture contrary to the sense and meaning, translating it from kings to subjects, from king rebellion against God, to subjects rebellion against men) is as the sin of Witchcraft, and stubbornness is as iniquity and Idolatry. BECAUSE thou hast rejected the Word of the Lord, he hath also REJECTED THEE FROM BEING KING: I will not return with thee, for thou hast rejected the word of the Lord, and the Lord HATH REJECTED THEE FROM BEING KING over Israel; the Lord HATH REND THE KINGDOM of Israel FROM THEE this day, and hath given it to a neighbour of thine, that is better than thou. Also the strength of Israel will not lie nor repent, for he is not as men, that he should repent; (to wit, of renting the kingdom from him) though he repented that he had made Saul king over Israel, because he turned back from following him, and performed not his Commandments, 1 Sam. 15. 11. 35. After which g 1 Sam. 16▪ to 14. God said to Samuel, How long wilt thou mourn for Saul, seeing I have rejected him from Reigning over Israel? Fill thine horn with Oil, and I will send thee to jesse the Bethlemite, for I have provided me a king among his sons; whereupon he went and anointed David, who succeeded him in the kingdom, Saul's posterity being utterly disinherited for his recited sins. After this when God settled the kingdom upon David and his seed after him, it was upon condition of obedience, and threatening of corrections even by men, if they transgressed: h 2 Sam. 7. 11. to 17. Ps 89. 32. to 47. 1 King. 8. 20. The Lord telleth thee, that he will make thee an house; and when thy days be fulfilled, and thou shalt sleep with thy fathers, than I will set up thy seed after thee, which shall proceed out of thy bowels, and I will establish the Throne of his kingdom for ever; I will be his father, and he shall be my son; If he commit iniquity, I will chastife him with the Rod of men, and with the Stripes of the Children of Men: (that is, I will not chasten him immediately by myself, but by men my instruments, even by jeroboam, and his own subjects the ten Tribes, or other enemies whom I will raise up against him and his posterity, 1 Kings 11. 9, to 41.) But my mercy shall not depart away from him, as I took it from Saul, whom I put away before thee: And thine house and thy kingdom shall be established for ever before thee: yet still upon condition of obedience, as is most apparent by David's speech to king Solomon, 1 Chron. 28. 5, 6, 7, 8, 9 And the Lord hath chosen Solomon my son, to set him upon the throne of the kingdom of the Lord, over all Israel; And he said to me, etc. Moreover, I will establish his kingdom for ever, If he continue constant to do my Commandments, and my ●udgements, as at this day. Now therefore in the sight of all Israel, the Congregation of the Lord, and in the audience of our God, keep, and seek for all the commandments of the Lord your God, that ye may possosse the good land, and leave it for an inheritance for your Children after you for ever. And thou Solomon my son, know thou the Lord God of thy father, and serve him with a perfect heart, and with a willing mind; for the Lord searcheth all hearts, and understandeth all the imaginations of the thoughts, If thou seek him, he will be found of thee, but if thou forsake him, he will cast thee off for ever; notwithstanding the former Covenant and establishment, which was but conditional, not absolute, as the renting of the ten Tribes from his son, and the determining of the very i 2 Chro. c. 10. & 11. & 36. 〈◊〉 de Repub. Hebr. l. 1. c. 9 15. joseph. Antiq. jud l. 10 & 11. Paul Eber. Lestate de la. Religion & Repub du peopl. judaeique. kingdom of judah itself in Zedekiah, (after which it never returned any more to David's Line) infallibly evidence. Hence we read in the 1 Kings 11. that solomon's idolatrous wives, turning away his heart from following the Lord, and drawing him to commit idolatry in his old age; hereupon the Lord grew angry with Solomon; Wherefore the Lord said unto him; for as much as this is done of thee, and thou hast not kept my Covenant and my Statutes which I have commanded thee, I will surely rend the Kingdom from thee, and will give it to thy servant; Notwithstanding in thy days I will not do it, for David thy father's sake; but I will rend it out of the hand of thy son: Howbeit I will not rend away all the kingdom, but will give one Tribe to thy Son, for my servant David's sake, and for Jerusalem's sake which I have chosen. In pursuance whereof the Prophet Ahijah rending jeroboam garment into 12 pieces, said to jeroboam, Take thee ten pieces, for thus saith the Lord the God of Israel, Behold, I will rend the kingdom out of the hand of Solomon, and will give ten Tribes to thee; BECAVSE THAT THEY HAVE FORSAKEN ME, and have worshipped the Goddess of the Zidonians, etc. AND HAVE NOT WALKED IN MY WAYS, to do that which is right in mine eyes, to keep my Statutes and my judgements, as did David his Father; howbeit I will not take the whole Kingdom out of his hands; but I will make him Prince all the days of his life, for David my servant's sake whom I chose, because he kept my Commandments and my Statutes: But I will take the Kingdom out of his son's hand, and give it unto thee, even ten tribes. And unto his son will I give one tribe, that David my servant may have a light always before me in jerusalem, the City which I have chosen to put my name there. And I will take thee, and thou shalt reign according to all that thy soul desireth, and shalt be King over Israel. (But what, without any limitation or condition at all think you? No such matter:) And it shall be IF THOU WILT HARKEN UNTO ALL THAT I COMMAND THEE, and wilt walk in my ways and do that is right in my sight, to keep my Statutes and my Commandments, as David my servant did, that I will be with thee, and build thee a sure house, as I built for David, and will give Israel to thee: And I will for this afflict the seed of David, but not for ever. Lo here both Kingdoms of judah and Israel, are given and entailed on David, Solomon, and jeroboam only upon condition of good behaviour; which not performed, they shall be rend from either: And was this only a vain idle condition, as some deem the Covenants and Coronation oaths of Kings to God and their Kingdoms? Surely no, for we read experimental verifications of them in King Rehoboam; k 1 Kin. 12. 2. Chron. 10 & 11. Who answering all the people and jeroboam when they came to Sechem to make him King, roughly, according to the Counsel of the young men, and threatening to add to their yoke, instead of making it lighter; and harkening not unto the people, (FOR THE CAUSE WAS FROM THE LORD, that he might perform his saying, which he spoke by Abijah the Shilomite unto jeroboam the son of Nebat;) thereupon, when all Israel saw, that the King harkened not unto them, the people answered the king, saying; What portion have we in David; neither have we inheritance in the son of ●esse; to your tents O Israel; now see to thine own house David; so Israel departed to their tents, stoned Adoram who was over the tribute, whom Rehoboam sent to appease them; Whereupon Rehoboam made speed to get him into his Chariot to flee to jerusalem: So all Israel fell away from the house of David to this day; and calling jeroboam unto the congregation, made him King over all Israel: there was none that followed the house of David, but the tribe of judah only. Upon this revolt, when Rehoboam was come to jerusalem, he assembled all the House of judah, with the tribe of Benjamin, an hundred and fourscore thousand chosen men which were Warriors to fight against the house of Israel, to bring the Kingdom again to Rehoboam the son of Solomon: But the Word of God came unto Shemaiah the man of God, saying, speak unto Rehoboam the son of Solomon King of judah, and unto all the house of judah and Benjamin, and to the remnant of the people, saying: Thus saith the Lord; Ye shall not go up, nor fight against your brethren the children of Israel: return every man to his house, For this thing is done by me. They harkened therefore unto the Word of the Lord, and returned to depart, according to the Word of the lord Behold here an experimental for feiture of a kingdom, and translation of the major part of it to another family, for Solomon's idolatry, executed by the people through God's appointment; which being fore-threatned in the general by God himself to David, and by David to Solomon in case he transgressed, predicted by way of menace to Solomon and jeroboam, by God himself and his Prophets after Solomon's transgression, executed by the people by God's special direction and approbation; and thus owned and justified by God in the people's behalf after the execution, when Rehoboam would have made war against them for this revolt, must certainly be acknowledged, not only a just and warrantable action in respect of God himself, but likewise of the people, unless we will make God himself the Author and approver of rebellion. By all which it is apparent, that Solomon and Rehoboam held their Crowns only upon condition from God, the breach whereof might and did forfeit them to the people in some measure: And so did jeroboam too, hold the kingdom of Israel newly erected by the people after this revolt, upon the conditions of obedience, already mentioned, which being violated by his l 1 King. c. 12. & 13. setting up 2 calves in Dan and Bethel, out of an unwarrantable policy to keep the people from returning to Rehoboam if they went up to jerusalem to worship; this thing became sin to the house of jeroboam, even to cut it off and destroy it from off the face of the earth, 1 King. 13. 34. For jeroboam committing idolatry with the Calves, Ahijah the Prophet sent him this sharp message by his wife, 1 K. 14. 7, 8, 9, 10, 11. Go tell Jeroboam, Thus saith the Lord God of Israel, for as much as I exalted thee from among the people, and made thee prince over my people Israel, and rend the Kingdom away from the house of David, and gave it thee, yet thou hast not been as my servant David, who kept my Commandments, and who followed me with all his heart, to do that only which was right in mine eyes, but hast done evil above all that were before thee; for thou hast gone and made thee other gods, and molten images, to provoke me to anger, and hast cast me behind thy back; Therefore behold I will bring evil upon the house of jeroboam, and will cut off from jeroboam him that pisseth against the wall, and him that is shut up and left in Israel, and will take away the remnant of the house of jeroboam, as a man taketh away dung till it be gone: Him that dieth of jeroboam in the the City shall the dogs eat, and him that dieth in the field shall the fowls of the air eat, for the Lord hath spoken it. Moreover, the Lord shall raise him up a King ●ver Israel, who shall cut off the house of jeroboam in that day. Neither was this an unexcuted commination, for jeroboam dying, and m 1 King. 15. 25. to 31. Nadah his son succeeding him both in his kingdom and idolatries, wherewith he made Israel to sin, Baasha (by God's just judgement) conspired against him, slew him, reigned in his stead; and when he reigned he smote all the house of jeroboam, so that be left not to him any that breathed; according to the saying of the Lord which he spoke by his servant Abijah; because of the sins of jeroboam which he sinned, and which he made Israel sin, by his provocation wherewith he provoked the Lord God of Israel to anger. After which n 1 ●ing. 15. 34. c. 16. 1, to 14. Baasha walking in the ways and sins of jeroboam notwithstanding this exemplary judgement of God on him and his posterity, the word of the Lord came to jehu son of Hannani, against Baasha, saying, Forasmuch as I exalted thee out of the dust, and made thee Prince over my people Israel, and thou hast walked in the way of jeroboam, and hast made my people of Israel to sin, to provoke me to anger with their sins; behold, I will take away the posterity of Baasha, and the posterity of his house, and will make his house like the house of jeroboam the son of Nebat; him that dieth of Baasha in the City shall the dogs eat, and him that dieth in the field shall the fowls of the Air eat: which judgement was actually executed upon his evil son king Elah, whom Zimri the Captain of his Chariots slew, as he was drinking himself drunk in the house of Arza Steward of his House, and reigned in his stead; and assoon as he sat in his Throne, he slew all the house of Baasha, he left him none that pissed against the wall, neither of his kinsfolks, nor of his friends. Thus did Zimri destroy all the house of Baasha, according to the word of the Lord, which he spoke against Baasha, by jehu the Prophet, for all the sins of Baasha, and the sins of Elah his son, by which they sinned, and by which they made Israel to sin, in provoking the Lord God of Israel to anger with their vanities. n 1 King. c. 1●. to 22. King Omri and Ahab his son going on in the sins of jeroboam, serving Baal to boot, persecuting Gods prophets, putting Naboth most injuriously to death for his Vineyard, by jezabels' instigation, and setting himself to work evil in the sight of the Lord, above all that were before him: Hereupon the Prophet Elijah tells him, o 1 King. 21. 19 to 25. Thus saith the Lord, Behold, I will bring evil upon thee, and will take away thy posterity, and will cut off from Ahab him that pisseth against the wall, and him that is shut up and left in Israel, and will make thine house like the house of jeroboam the son of Nebat, and like the house of Baasha the son of Ahijah, for the provocation wherewith thou hast provoked me to anger, and made Israel to sin: And of jezabel also spoke the Lord, saying, The Dogs shall eat jezabel by the wall of jezreel; him that dieth of Ahab in the City the Dogs shall eat, and him that dieth in the field shall the Fowls of the Air eat. Neither was this a vain threatening, for Ahab being slain at Ramoth Gilead, p 1 King. 〈◊〉. 19 c. 22. 37. 38. the dogs licked up his blood in the place where they licked the blood of Naboth; and jehoram his son succeeding him, both in his Throne and sins, q 2 King c. 9 & 10. God himself anointed jehu King over Israel, of purpose to execute this his vengeance against the house of Ahab and jezabel; who in execution thereof slew both King jehoram, Ahaziah King of judah, jezabel, and all Ahabs sons and posterity, his great men, Nobles, with all the Priests and worshippers of Baal, till he left none of them remaining: For which severe execution of God's justice, the Lord said unto jehu, r 2 King. 10. 30. Because thou hast done well in executing that which is right in mine eyes, and hast done unto the house of Ahab according to all that was in mine heart, thy children of the fourth generation, shall sit on the Throne of Israel. Which action of jehu being thus specially commanded, commended, and remunerated with such a temporal reward by God himself, must questionless be lawful, and no Treason nor Rebellion in jehu, unless we will charge God to be both the Author, Approver and Rewarder of those sins. After this s 2 Kings c. 12, to 16. jehu walking in the sins of jeroboam, though God deprived him not for it, yet he stirred up Hazael to spoil and waste his Country, during all his reign, and the reigns of King jehoahaz his son and joash his grandchild, who succeeded him in his idolatries; and Zechariah the last king of Iehu's Race, going in his Ancestors sins, was slain by Shallum, who reigned in his stead. t 2 Kin. ●6. Shallum, Pekahiah, and Pekah three wicked idolatrous kings of Israel, were by God's just judgement, successively slain one of another, and by Hoshea. So that all the Kings of Israel, who violated Gods Covenants and conditions annexed to their Crowns, did for the most part lose their lives, Crowns, and underwent the utter extirpation of their posterities, being totally cut off by the sword, neither succeeding their Parents in their Crowns nor inheritances. And though the royal Crown of judah contained in David's Line till the Captivity of Zedekiah, the last king of his Race; yet when ever they infringed the conditions which God annexed to their Crowns, and turned Idolaters or flagitious persons, God presently (by way of revenge) either brought in foreign enemies upon them, which mastered, conquered them, and sometimes deposed and carried them away Captives, or made them Tributaries, as the examples of King v 1 King 13. 21. to 31. Rehoboam, afflicted by Shishak King of Egypt, for his sins and idolatry, and by jeroboam all his days, x 1 King 15. 3. 7. of Ahijam, y 2 Chron. 21 jehoram, z 2 Chron. 22. Alaziah, a 2 Chro. 24. 17. to 27. joash, b 2 Chro. 25. Amaziah, c 2 Chron. 28. Ahaz, d 2 Chron. 33. 2 King. 23 & 24. & 25. Manasseh, e 2 Kin. 9 27, 2●. 2 Chron. ●2. c. 24. 24. 26. c. 25 27. 28. 2 Chron. 33. 22, to 28. jehoahaz, jehoiakim, jehoiachin, and Zed●chiah, (whose Histories, troubles, captivities and punishments you may read at large) with others witness: or else caused their own servants, subjects, enemies to rise up against them, to slay them, as is evident by (e) King Ahaziah, joash; Amaziah, Ammon, and others. All which are unanswerable evidences and experimental demonstrations, that the Kingdoms of judah and Israel were both held of God upon conditions, and that for the breach of these conditions they might be, and oft times were (by God's justice on them) both lawfully deprived of their Crowns, and their posterities, disinherited, yea, totally cut off for ever; and in conclusion, both these most eminent Kingdoms, for the sins of kings and people, were invaded, destroyed, and both Kings with people carried away captives by their enemies, into foreign Countries, from whence the whole Nation never afterwards returned, nor ever after attained to a king and kingdom of their own: So fatal is it for Kings, or Kingdoms to break those Covenants, Laws, Conditions which God himself hath prescribed them; and so far are any Kings from being exempted from all Laws, and left at liberty to do what they please, that the breach of them proves destructive to them and theirs. I shall only add to this by way of Corollary, that all the Israelites Rulers, Kings, People did jointly and severally for f Deut. 29. 1. to ●6. Iosh 21. 14, to 29. 2 Chr. 15. 9 to 17. 1 Sam. 12. 13. to 2●. Chr c. 28, & 29, 2 Chr. 23. 3. 16. 17. themselves for the whole Nation in general, and every of them in particular, frequently enter into solemn Vows and Covenants with God, to serve the Lord, to be and conttnue his people; to seek the Lord God foe their fathers with all their heart, and with all their soul; that whosoever would not seek the Lord God of Israel, should be put to death, whether small or great, whether Man or Woman. (not the King or Queen excepted;) and they swore unto the Lord with a loud voice, and with shouting, and with trumpets, and with Cornets, and all rejoiced at the Oath, for they had sworn with all their hearts. Witness the g 2 Chr. 15. 9 to ●. Covenant made by joshua and all the people, To serve the Lord; by Samuel, Saul, and all the people at Saul's Coronation, and by king Asa and all his people, To seek the Lord, etc. (who in pursuance thereof removed his mother Maacha from being Queen, because she had made an idol in a Grove, and cut down her idol, and stamped it, and burned it at the brook Kidron, 2 Chron. 15. 16. of King David, h 1 Chr. c. 28. &. 29. Solomon, and all the people at Solomon's Coronation; between i 2 Chr. 23. 16 17. 2 King. 11. 4 17. 18. King jehoash; jehoiada and all the Congregation at his inauguration, that they should be the Lords people: in pursuance whereof all the people went to the house of Baal, and broke it down, and broke his altars and images in pieces, and slew Mattan the Priest of Baal before the altars; between k 2 Chr. 29. 10 c. 30. 19 to 27. c. 11. 1. Hezekiah and all his subjects and God; between l 2 Chr. 34. 30. 31. 32. 33. josiah and all that were present in jerusalem and Benjamin and Gad, who made a covenant before the Lord, to walk after the Lord, and to keep his Commandments, and his Testimonies, and his Statutes, with all their heart, and with all their soul, to perform the words of the Covenant formerly written in the Book of the Covenant that was found in the house of the Lord; in execution whereof josiah took away all the abominations out of all the Country that pertained to the children of Israel, and made all that were present in Israel to serve the Lord their God, and not to depart from following the Lord God of their Fathers all his days: Together with the like solemn public Covenants made by m Ezra 10. 3. 4 Ezra, n Nehem. 9 38. 6. 10. 1, to 39 Nehemiah and all the People unto God; which Covenant the Princes, Levites, Priests and all the people sealed, and entered into a Curse and into an Oath to walk in God's Law, and to observe and do all the Commandments, ●udgements and Statutes of the Lord, etc. And that God himself expressly commanded them, o Deut 13. & 17. That if any Prophet or Dreamer of dreams, or thy Brother or son of thy Mother, or thy daughter, or the wife of thy bosom, or thy friend which is as thine own soul, should secretly entice them to commit idolatry, or serve other gods, they should neither consent nor hearken to, nor pity, nor spare, nor conceal him, but shalt surely kill him; thy hand shall be first upon him to put him to death, and after the hand of all the people, and thou shalt stone him with stones, that he die, only for this secret enticement to idolatry: And all Israel shall hear, and fear, and do no more such wickedness as this is. And if they should hear, that the inhabitants of any City were seduced to serve other gods, than they must diligently search and inquire after it; and if it be truth and the thing certain, that such abomination was wrought among them, than they shall surely smite the inhabitants of that City with the edge of the sword, destroying it utterly, and all that is therein, and the cattle thereof with the edge of the sword; and gather all the spoil of it into the midst of the street thereof, and burn the City with all the spoil thereof every whit for the Lord their God, and it shall be an heap for ever, and shall not be built again: In pursuance whereof the p Iosh. 22. 9 to 34. ten tribes and a half, assembled to war against the Reubenites, G●dites, and half Tribe of Manasseh, for their supposed idolatrous Altar; and q judg. 20, & 21. all the children of Israel assembled together as one man, and made war against the men of Gibeah and the Benjamites, for not punishing the gross Rape of the Levites Concubine, destroying the City utterly, and the Tribe of Benjamin too well-nigh. And upon this ground, the City of r 2 Chr. 21. 10 11. Libnah revolted from under the hand of jehoram the idolatrous King of judah, Because he had forsaken the Lord God of his Fathers. And as some learned men conceive s 2 King. 19 20. 2 Chro. 17, 18, 19, 20, 21. the people made a Conspiracy against King Amaziah in jerusalem, and he fled to Lachish, but they sent after him to Lachish and slew him there; t De jure in Magistratus in subditos, p 272. to 275. not privately but openly, as acted by public authority, consent, and medicated deliberation, not out of any private hatred, but for his impiety, whereby he violated the chiefest part of his Oath and Covenant; whereupon we read not of any complaint, or inquisition, or proceedings, or punishment inflicted on those that slew him after his death, either by the people, or his children, as there was upon those who slew King Ammon; but being slain, they brought him back on horses, and he was buried at jerusalem with his Fathers in the City of David, out of reverence to his royal dignity and family; And All the Pe●ple of judah took Azariah, and made him King in stead of his father Amaziah; which plainly shows, that what was formerly done by the greater part of the States at jerusalem, was afterwards confirmed by common consent, as done upon a just cause, and executed by command of those who might lawfully do it. Whence they conclude. That the Orders or States of the People of Israel had right to choose what King they would themselves, out of the family of David; and being elected, afterward to correct and punish him as there was cause: that they were obliged by this Covenant made to God, both to reprehend, resist, oppose, yea, depose, if not put to death their King for his open incorrigible idolatries and sins, by common consent, as their king was obliged to punish and put them to death for their idolatries and crimes, their kings being included within their Covenants; and God's inhibition of idolatry under pain of capita● punishments, extending to Kings, as well as others, if not more then to any, because their examples were most pernicious; and they were as far forth bound by their joint Covenants made to God with their Kings to hinder their Kings from, and to proceed against them for their idolatries, as their kings were to impedite and punish them for their breach of Covenant, and because God himself did punish them for their King's idolatries, as is evedent by jer. 15. 1, to 6. and the History of the Kings, and Chronicles every where, which God would not in justice have done, had not the people both just right and power to resist, hinder, censure, punish, depose their Kings by public consent of the State and people for their idolatries and breach of Covenant, as v Explanatio Artic 42. & lib. 4. Epist. Zuing & Oecol. f. 186. Zuinglius, x Vindiciae contra Tyrannos, quaest. 2. p. 43 to 70. Stephanus junius Brutus, the author of the Treatise y Page 271. to 275. De jure Magistratus in Subditos, with others, prove at large, and z Instit. l. 4. ●. 20. sect. 31. Master Calvin, yea a The True Difference, etc. part. 3. p. 513, 514. Bishop Bilson himself, assents to. Such a Sovereign power had the whole State and Congregation of Israel and judah over their kings themselves, whose estates in their Crowns and Kingdoms by Gods own institution, was not absolute, but only conditional, and subject unto forfeiture, upon breach of these Covenants and Conditions by which they did enjoy them. Fourthly, The Kings of judah and Israel were no absolute Sovereign Prince's paramount their whole Kingdoms, the general Congregation of the people, Senate or Sanhedrin, but inferior to them in power, and not only counselled, but overruled usually by them in matters of public concernment: This is evident not only by Iosh. 22. 11. to 34. and judges 20. and 21. where the whole Congregation of Israel, as the Sovereign power, in the days of joshua and the judges assembled about the great causes of the Reubenites, Gadites, and half the Tribe of Manasseh, concerning their Altar, and of the Gibeonites and Benjamites, concluding both matters of public war and peace; But likewise by the people's rescuing jonathan out of the hands and power of King Saul his father, that he died not, though Saul had twice vowed that he should be put to death, 1 Sam. 14. 38. to 36. And the people said unto Saul, Shall jonathan die who hath wrought this great salvation in Israel? God forbid; as the Lord liveth there shall not one hair of his head fall to the ground, for he hath wrought with God this day: So the people rescued jonathan that he died not. By the 1 Chron. 13. 1. to 7. where thus we read: And David consulted with the Captains of thousands and hundreds, and with every Leader, and David said unto all the Congregation of Israel, If it seem good unto you, and that it be of the Lord our God, let us send abroad unto our brethren every where that are left in all the land of Israel, and with them also to the Priests and Levites which are in their Cities and Suburbs, that they may gather themselves unto us; and let us bring again the Ark of our God to us, for we enquired not at it in the days of Saul. And all the Congregation said, that they would do so, For the thing was right in the eyes of all the people. And David went up and all Israel to Baalah, to bring up thence the Ark of God the lord Compared with the 1 Samuel 18. 2, 3, 4. where when David sent out the people to battle against Absalon under three Commanders, the King said unto the people, I will surely go forth with you myself also: But the people answered, * So 2 Sam. 21. 17, 18. David being like to be slain by Ishbi●enoh the Giant whom Abisha● slew. The men of David swore to him ●●ying Thou shalt go no more out with us to battle, that thou quench not the light of 〈◊〉. Thou shalt not go forth; for if we flee away, they will not care for us, neither if half of us die will they care for us; but now thou art worth ten thousand of us, therefore now is better that thou secure us out of the City: And the king said unto them, Whatsoever seemeth you good that I will do; and thereupon stayed behind in the City, as they advised him. So he likewise followed joabs' advice, to go forth and sit in the gate, and speak comfortably to the People after his mourning for Absalon's death, else not one of the People would have tarried with him that night, 2 Samuel. 19 1. to 20. and by this means All the people came before him though they had formerly fled every man to his tent; and he so engaged them to him, That all the people were at strife throughout all the Tribes of Israel, to bring the King back again to Gilgal, whence Absalon had chased him. Add to this the 1 Kings 12. 1. to 25. and 2 Chron. c. 10. and 11. where we find, that after Solomon's death, All Israel came to Sechem to make Rehoboam King; and all the Congregation of Israel spoke unto Rehoboam, saying, Thy father made our yoke grievous, now therefore make thou the grievous service of thy Father, and his heavy yoke which he put upon us, lighter, and we will serve thee. And he said unto them, Depart ye for three days, and then come again; and the people departed. In the mean time he consulted first with the old men, after that with the young men about him, what answer he should return; who giving contrary advice, jeroboam and all the people coming to him again the third day, the King answered the people roughly, after the counsel of the young men, saying, My Father made your yoke heavy, and I will add to your yoke; My Father chastised you with whips, but I will chastise you with scorpions: So when all the people saw that the King harkened not to them, the people answered the King, saying, What portion have we in David? neither have we inheritance in the son of jesse, to your tents o Israel; now see to thine own house David: So Israel departed to their Tents, and fell away from the house of David unto this day: And all Israel called jeroboam unto the Congregation, and made him King over all Israel: And the Text expressly adds this memorable observation, Wherefore the King harkened not unto the people, for the cause was from the Lord, that he might perform his saying, which the Lord spoke by Abijah the Shilonite to jeroboam the son of Nebat. Where we see the Kings not harkening to the people and congregation of Israel in their just request, and giving them an harsh answer, was a sufficient ground and occasion for them, to cast off his government, and elect another King to reign over them, and that with Divine approbation from God himself: Such was the whole peoples and congregations Sovereign power over their Kings. We read in the 1 Kings 20. 1. to 10. that when Benhadad king of Syria gathered a great Host, and sent to Ahab king Israel, to resign up all his silver, gold, Wife's, Children, and pleasant things into the hand of his servants: Then the king of Israel called all the Elders of the Land, and said, Hark, I pray you, and see how this man seeketh mischief, for he sent unto me for my Wives and for my Children, for my silver, and for my gold, and I denied him not: And all the Elders, and all the people, said unto him, Harken not unto him, nor consent. Wherefore he said unto the messengers of Benhadad, tell my Lord the King, all that thou didst send for to thy servant at first, I will do, but this thing I may not do. Where the Elders and people both advise and overrule the King in this matter of great importance both to the Kingdom and King, who returned no answer to this public case without the congregations public advice. So * 2 Chron. 30. 1, to 6. Hezekiah king of judah sent to all Israel and judah, and wrote Letters also to Ephraim and Manasseh, that they should come to the house of the Lord at jerusalem, to keep the Passeover unto the Lord God of Israel; For Hezekiah had taken counsel, and his Princes, and all the Congregation in jerusalem, to keep the Passeover in the second month, for they could not keep it at that time, because the people had not sanctified themselves sufficiently; neither had the people gathered themselves together at jerusalem; and the thing pleased the King And all the Congregation, So they established a Decree, to make Proclamation throughout all Israel, from Bersheba even to Dan, that they should come to keep the Passeover unto the Lord God of Israel at jerusalem, for they had not done it of a long time, in such sort as it was written. So the Posts went with the Letters from the King and the Princes, throughout all Israel, and judah, etc. vers. 12. Also in judah the hand of God was to give them one heart to do the Commandment of the King and of the Princes, by the word of the Lord; and vers. 23. And the whole Assembly took Counsel to keep other seven days; and they kept other seven days with gladness; k 2 Chron. 31. ●8. 1. and All the Congregation of judah and Israel rejoiced: vers. 25. When all this was finished All Israel that were present, went to the Cities of judah and broke the images in pieces, and cut down the Groves, and threw down the high places and the Altars out of all judah and Benjamin, in Ephraim also and Manasseth, until they had utterly destroyed them all. Then all the Children of Israel, returned every man to his possession into their own City: In the 2 Chron. 32. 3. When Hezekiah saw that Senacherib was come, and that he was purposed to fight against jerusalem; He took Council with his Princes and his mighty men, to stop the waters of the Fountain which were without the City, and they did help him, and there was gathered much people together, who stopped all the Fountains, etc. Add hereunto that notable Text, Jer. 38. 4. to 28. Where when the Prophet jeremy had prophesied, that jerusalem should be given into the hands of the King of Babylon's Army which should take it; Therefore the Princes hereupon said unto the King; we beseech thee, let this man be put to death; for thus he weakeneth the hands of the men of War that remain in this City, and the hands of all the people, in speaking such words unto them; for this man seeketh not the welfare of this people, but the hurt: Then Zedechiah the King said; Behold he is in your hand; For the King is not he that can do any thing against you. And Jer. 26. 8. to 29. Now it came to pass when jeremiah had made an end of speaking all that the Lord had commanded him to speak unto all the people, that the Priests, the Prophets, and all the people took him, saying; thou shalt surely die, etc. So Ezra 10. 1. to 20. There assembled unto Ezra a very great Congregation of men, etc. And they said unto Ezra, we have trespassed against our God, and have taken strange wives of the people of the land; yet now there is hope in Israel concerning this thing. Now therefore let us make a Covenant with our God to put away all the strange wives, etc. and let it be done according to the Law: and All Israel said that they would do according to this word. And they made Proclamation throughout judah and jerusalem unto all the children of the Captivity, that they should gather themselves unto jerusalem; and that whosoever would not come within 3. days According to the Council of the Princes and the Elders, all his substance should be forfeited, and himself separated from the Congregation of those that had been carried away: Then all the men of judah and Benjamin gathered themselves together unto jerusalem, within three days, and all the people sat in the street of the house of God trembling, because of this matter and for the great rain. And Ezra the Priest stood up and said unto them, Ye have transgressed and taken strange wives to increase the trespass of Israel; Now therefore make confession unto the Lord God of your fathers, and do his pleasure, and separate yourselves from the people of the Land, and from the strange wives. Then All the Congregation answered and said with a loud voice; As thou hast said, so must we do; but the people are many, and it is a time of much rain, and we are not able to stand without, neither is this a work of one day or two; for we are many that have transgressed in this thing: let now our rulers of all the Congregation stand, and let them which have taken strange wives in our Cities, come at appointed times, and with them the Elders of every City and the judges thereof, until the fierce wrath of our God for this matter, be turned from us: And the Children of the Captivity did so. Where we see the whole Congregation determine and direct all that was done in this grand common business: And Esther 9 17. to 32. the jews (upon Mordecays and esther's Letters, after the slaughter of their Enemies) Ordained and took upon them and upon their séed, and upon all such as joined themselves unto them, so as it should not fail, that they would keep the 13. and 14. day of the month Adar, and make it a day of feasting and gladness, according to their writing, and according to their appointed time every year: And that these days should be kept and remembered throughout every generation, every Family, every Province, and every City, and that these days of Purim should not fail from among the jews, nor the memorial of them perish from their seed: And the Decree of Esther confirmed those mater of Purim, As they had decreed for themselves and their séed. From all these Texts (compared with Prov. 11. 14. c. 15. 22. c. 25. 5.) it is most apparent; that the Kings of judah and Israel were no absolute Sovereign Prince's paramount their whole Kingdoms, or the general Senate and Congregation of the people, or their Sanhedrin, but inferior to them in power; and not only counselled but overruled usually by them, in all matters of public concernment. A truth so pregnant, that c The third part of the True difference between Christian Subjection, etc. p. 513. 514. Bp. Bilson himself from some of these Texts confesseth, That it is a question among the learned; what Sovereignty the whole people of Israel had over their Kings; And that these Scriptures have persuaded some, and might lead Zuinglius to think, that the people of Israel, notwithstanding they called for a King, Yet reserved to themselves sufficient Authority to overrule their King, in these things which seemed expedient and needful for the public welfare, else God would not punish the people for their King's iniquity, which they must suffer and not redress. Hence that eminent Iew d Antiqu. jud. l. 4. c. 8. josephus (a man best acquainted of any, with his own Nations Antiquities, Laws, and the Prerogatives of their kings) resolves in direct terms; that their King, whosoever he were, aught to attribute more to the Laws, and to God, then to his own wisdom, And to do nothing without the advice of the Highpriest and Senate; and that if he multiplied horses, and money more than was fitting They might resist him, lest he became more potent than was expedient for their affairs. Hence Petrus Cunaeus de Repub. Hebr. l. 1. c. 12. p. 101. 102. writes thus of the Sanhedrin or Parliament among the jews. Thus the Prophets, who grievously offended, were no where else punishable but in this Assembly; which (Quod summae potestatis est) as it is an Argument of The Supremest power) did both constitute the King: ac de Bello gerendo deque hostibus profligandis & de proferendo Imperio del●beraba●t. Sed quoniam haec ejusmodi erant in quibus salus omnium, & summae Reipublicae vertebatur, Consultatum de his plerumque cum populo est; indictae enim Comitiae sunt, in quibus solis populus partem aliquam caperet regendae reipublicae, etc. De Rege igi●ur deque Bello, ut dixi, decreta facta interdum Populi auctore sunt. Caetera omnia Senatores Sanhedrin Per se expedivere. So that the Sanhedrin and Congregation of the people were the highest Sovereign power, and principal determiners of public matters concerning war and peace, by Cunaeus his resolution: Who debating this weighty controversy, d Cunaeus de Repub. Heb. 6. 1. c. 9 p. 75. 76. 77▪ What the Sceptre of judah was (prophesied of Gen. 49. 10.) and what and whose the Majesty of the Empire was? determines thus. I suppose the Sceptre to be nothing else, but the Majesty of the Empire or Government, to wit that, Quae ipsi Reipublicae assidet, which belongs to the Republic itself. Wherefore whose the Republic is, the Sceptre ought to be said theirs. Now the Hebrew Republic from Moses his time till the Kingdom of Rehoboam, was not of the jews (or tribe of judah) but of the twelve Tribes, from whence it follows, that even the Sceptre for all those times was of all the Israelites. Now of this Sceptre, which was long common to all the twelve Tribes, the divine Patriarch spoke not in that most famous Oracle: for he looked at latter years, and future ages, when as the Tribe of judah, the people being divided into contrary parts, began to have its Republic apart from the Israelites, which God approved and loved; and would have to be called jewish, from the Tribe of judah alone, until he (to wit Christ) should be given to the assemblies of men, to whom not only the Empire of the jews, but Gentiles also was destinated. And verily this Majesty of the Sceptre, from the time it once began to be of the jews, we say continued to be theirs, although the state of the Commonweal was sometimes changed, and the sovereignty of the Empire was sometimes in the Elders and High Priests, sometimes in the Kings and Princes. They do too foolishly, who here dance in a narrow compass, and suppose that the honour of this name appertains not but to Kings? For what people soever, useth its own Republic and its Laws, Is recte Gloriari de Imperio deque sceptro potest, it may rightly boast of Its Empire and Sceptre. It is recorded, that at jerusalem even at that time, when not the Princes but the Elders governed the people, in the midst of the great Council, which they called the Sanhedrin, there hung a Sceptre, which thing verily was a certain Ensign of its Majesty; which Marcus Tullius in a particular Oration, saith, Esse magnitudinem quandam Populi, in ejus potestate ac jure retinendo, quae vertitur in imperio, atque omnis populi dignitate. Not Kings, not Princes, but Consuls and the Senate managed the Roman Commonwealth; whence this Law of Truce was given to the Aetolians, which Livy reports, That they should conserve The Majesty of the People of Rome without mal-engin: And the very same thing was commanded all free People, who by any league, but not equal, would come into the friendship of the Romans, as Proculus the Lawyer witnesseth, in l. 7. F. de Captiu: & Post. reversis. Neither think we it material to our purpose, of what Nation or Tribe they were, who moderated and ruled the jewish affairs; for although the Hasmonaean Levites held their Kingdom for many years, yet the Republic was of the jewish people. That most wise Master Seneca said to Nero Caesar, That the Republic was not the Princes, (or of the Prince) But the Prince the Republikes. Neither verily was the opinion of Ulpian the Lawyer otherwise; for he at last ●aith, that That is Treason▪ which is committed against the Roman People, or against their safety, l. 1. s. 1. F. ad Legem jul. Majest. Now Ulpian lived in those times, when the people had neither command nor suffrages left them, but the Emperors held the Empire and Principality; and yet he who is wont most accurately to define all things, saith, That Majesty is of the People; From all which it is apparent, that not only in the Roman Empire and other Kingdoms, but even among the jews themselves; the Majesty, and Sovereign Power, and Sceptre resided not in the Kings, but in the whole State and People. Hence Will. Schickardus in his Ius Regium Hebraeorum, Argent. 1625. p. 7. determinesthus. The state of the jewish Kingdom was not Monarchical (as our Court Doctors falsely dream) but mixed with an Aristocrcie, for the King without the assent of the Sanhedrin Could determine nothing in great causes. They constituted not a King but in it, etc. attributing the Soveraignest power to the Congregation and Sanhedrin, who had power to create, elect, and in some cases to resist, and depose their Kings. Hence e Explani● Artic. 42. Tom 1 Oper. Tiguri, 1581. f. 84, 85. Huldericus Zuinglius writes expressly, That the Kings of the jews and others, when they dealt perfidiously, contrary to the Law of God and the rule of Christ, might be lawfully deposed by the People. This the example of Saul manifestly teacheth, whom God rejected, notwithstanding he had first elected him King: Yea, whiles wicked Princes and Kings were not removed, all the people were punished of God; as is evident by jer. 15. 1. to 6. where they were punished with four judgements and plagues for Manassehs sins. In sum, if the jews had not permitted their King to be so wicked without punishment, they ●ad not been so grievously punished by God. By what means he is to be removed from his Office, is easily to conjecture; thou mayst not slay him, nor raise any war or tumult to do it, but the thing is to be attempted by other means, because God hath called us in peace, 1 Cor. 7. If the King be created by common suffrages, he may again be deprived by common Votes, unless they will be punished with him; but if he be chosen by the election and consent of a few Princes, the people may signify to them the flagitious life of the King, and may tell them, that it is by no means to be endured, that so they may remove him, who have inaugurated him. Here now is the difficulty▪ for those that do this, the Tyrant will proceed against them according to his lust, and slay whom he pleaseth; but it is a glorious thing to die for justice and the truth of God; and it is better to die for the defence of justice, than afterwards to be slain with the wicked by assenting to injustice, or by dissembling, Those who cannot endure this, let them endure a lustful and insolent Tyrant, expecting extreme punishment together with him; yet the hand of the Lord is stretched out still, and threateneth a stroke: But when with the consent and suffrage of the whole, or certainly of the better part of the multitude a Tyrant is removed, Deo fit auspice, it is done by God approbation. If the Children of Israel had thus deposed Manasseh, they had not been so grievously punished with him. So Zuinglius. Hence f Quaest. 3. p. 94, to 97. Stephanus junius Brutus in his Vindiciae contra Tyrannos, in answer to Machiavels Princeps (a most accursed mischievous Treatise) and justification of the Protestant defensive wars in France to preserve their Religion and Liberties, Anno 1589. determines positively, That as all the people are Superior to the King, so are those Officers of State and Parliaments, who represent them, Superior to Kings collectively considered, though every of them apart be inferior to them. In the Kingdom of Israel, which by the judgement of all Politicians was best instituted, by God, there was this order, The King had not only private Officers who looked to his family, but the Kingdom likewise had 71 Elders and Captains elected out of all the Tribes, who had the care of the Commonweal both in time of peace and war, and likewise their Magistrates in every Town, who defended their several Cities, at the others did the whole kingdom. These when ever they were to deliberate of greatest affairs, assembled together, neither could any thing be determined without their advice, which much concerned the commonwealth: Therefore g 1 Chro. 29. 1. David called these all together when he desired to in vest Solomon in the Kingdom, when he desired the policy restored by him should be examined and approved, h 1 Chr. 13. 1. when the Ark was to be reduced, etc. And because they represented all the people, all the people are then said to have assembled together. Finally, the same i 1 Sam. 14. 45 rescued jonathan, condemned to death by Saul's sentence; from whence it appears▪ that an appeal lay from the King to the people: But from the time the Kingdom was divided, through the pride of Rehoboam, the Synedrin of jerusalem consisting of 71 men, seems to be of that authority, k 1 Chron. 10. 1. that they might judge the King in their assembly, as well as the King judge them when they were apart. The Captain of the House of judah was l Neh. 11. 9 Precedent over this assembly, that is, some chief man chosen out of the Tribe of judah, as even the chief man for the City jerusalem, was chosen out of the Tribe of Benjamin: This will be made more evident by examples. m jer. 26 9 17 jeremy being sent by God to denounce the overthrow of the City jerusalem, is for this, first condemned by the Priests and Prophets, that is, by the Ecclesiastical judgement or Senate; after this, by all the People, that is, by the ordinary judges of the City, to wit, by the Captains of thousands and hundreds; at last by the Princes of judah, that is, by the 71 men sitting in the new Porch of the Temple, his cause being made known, he is acquitted. Now they in that very judgement expressly condemn King jehoiakim, who a little before had most cruelly slain the Prophet Uriah, threatening like things. Also we read n jer. 37. & 38 elsewhere, that King Zedekiah, did so much reverence the Authority of this Sanhedrin, that he durst not free the Prophet Jeremy, thrust by these 71 men into a filthy prison, but likewise 〈◊〉 dared to translate him into the Court of the Prison from thence; yea, when they persuaded him to consent to Jeremiah his death, he answered, that he was in their hands, and that he could not contradict them in any thing; Yea, he fearing lest they should inquire into the conference which he privately had with jeremy, as if he were about to render an account of the things which he had spoken, forgeth a lie. Therefore in this Kingdom the States or Officers of the Kingdom were above the King; I say, in this Kingdom which was instituted and ordaintd, not by Plato or Aristotle, but by God himself, the Author of all order, and the chief institutor of all Monarchy: Such were the seven Magis in the Persian Empire, the Ephori in the Spartan Kingdom, and the public Ministers in the Egyptian Kingdom, assigned and associated to the King by the People to that only end, that He should not commit any thing against the Laws. Thus, and much more this Author, together with Con. Superantius Vasco, who published this Treatise to all pious and faithful Princes of the Republic, giving large Encomiums of its worth; as also the Author of the Treatise De jure Magistratus in Subditos. p. 253, 254, 255, 256. 268, to 275. whose words for brevity I pretermit; Bp. Bilson in his forecited passages: and Hugo Grotius De jure Belli & pacis, l. 1, c, 3. sect. 20. p. 63, 64. where he confesseth, That if the King of the Israelites offended against the Laws written concerning the Office of a King, he was to be scourged for it; and that the Sanhedrin had a power above their king in some cases. Finally, 5. the Kings of Israel and judah were not superior to, nor exempted from the Laws, but inferior to and obliged by them, as well as Subjects: This is evident, not only by the premises, but by sundry impregnable Texts, As Deut. 17. 18. 19 20. where God himself in the very description of the office and duty of their King, prescribes this in direct terms, as a part of his duty. And it shall be when He sitteth on the Throne of this Kingdom, that he shall write him a Copy of This Law in a Book, out of that before the Priestic and Levites: And it shall be with Him, and He shall read therein All the days of his life, that he may learn to fear the Lord his God, To keep all the words of the Law, and these Statutes to do them, that his heart be not lifted up above his brethren; and that He turn not aside from the Commandment, to the right hand or to the left: seconded by Iosh. 7. 8. This Book of the Law shall not depart out of thy mouth, but thou shalt meditate therein day and night; that thou mayst observe to do according to all that is written therein: turn not to it from the right hand, or to the left, for than thou shalt make thy way prosperous, and then thou shalt have good success. Hence it was, that as soon as ever Saul was elected and made King by Samuel and the people, he being the first of their Kings) Samuel told the people the manner of the Kingdom, and wrote it in a Book, and laid it up before the Lord: which Book, contained not the exorbitances and oppressions that their Kings would exercise over them, mentioned in the 1 Sam. 8. 11. to 19 as josephus mistakes; but as Petrus Cunaeus and q jun. Bru●us Vindic. Contr. Tyrannos qu. 3. p. 121, 122. Albericus Gentilis de jure Belli, l. 3. c. 15. p. 612. others more rightly observe, the Law of God concerning Kings, prescribed by him, Deut. 17. 14. to the end; and such Laws which commanded Kings to use justice and equity; to govern the Commonwealth well, for the people's benefit; to abstain from fornication and lusts; to retain modesty in a great fortune, etc. Hence Samuel enjoined both Saul and the People, to fear the Lord, and serve him, and obey his voice, and follow him, and not rebel against his Commandment, etc. 1 Sam. 12. 14, 15. 20. to 25. Hence King r Ps. 1. 1, 2. Ps. 19 10. Ps. 119 throughout. David did always meditate in the Law of God, day and night, accounting it more dear unto him then thousands of Gold and silver: And withal pronounceth from Gods own mouth; s 2 Sam. 23. 3. The Gods of Israel said, the Rock of Israel spoke to me, he that ruleth over men must be just, ruling in the fear of God. Hence the t 1 King. 10. 9 2. Chron. 9 8. Qu. of Sheeba used this speech to king Solomon, Because the Lord loved Israel for ever, therefore made be thee King (what? to domineer at his pleasure? no verily, but) To do judgement and justice. Upon this ground, v 2 Chron. 34. 31. King josiah made a covenant before the Lord, to walk after the Lord, And to keep his Commandments, and his testimonies and his statutes with all his heart, and with all his soul; And King x 2 Chron. 15. 12. to 17. Ezra 10. 3. etc. Neh. 9 38. c. 10. 1. to the end. Asa, with other Princes and Governors did the like, as the premises evidence: From all which, y Isay 9 7. c. 16. 5. c. 32. 2. 2 Sam. 5. 12. Ezek. 45. 8, 9 and infinite other Scriptures, obliging Kings to reign in righteousness, to do justice and judgement to all, and z Isay ●. 23. c. 12. 14, 15. Zeph. 33. Mich. 3. 9 to 12. Ezek. 22. 6. to 28. Isa. 14. 4. to 23. Object. 1. reprehending them exceedingly for their injustice, tyranny, oppressions, idolatries, and other sins; it is irrefragable; that their kings were as much, if not more obliged to keep both Gods and the kingdom's Laws, as the Subjects; and had no arbitrary power to do what they pleased. All that is, or can be colourably objected to the contrary, to prove the kings of Israel absolute Monarches, exempt from Laws, and paramount their Sanhedrin or people collectively considered, is, First, that passage of Psal. 51. 4. where king David confessing his sins of Adultery and Murder to God, useth this expression; Against thee, Thee only have I sinned, and done this evil in thy sight: Of which a Com. in Ps. 50. & Epist. ad Rusticam. Hierom renders this reason, Quod Rex erat & alium non timebat: alium non habebat super se: which Ambrose thus seconds, Rex erat, Nullis ipse legibus tenebatur, quia liberi sunt Reges a vinculis delictorum: Neque enim ullis ad poenam vocantur legibus, Tuti Imperii potestate, b In Psal. 50. Homini ergo non peccavit, cui non tenebatur obnoxius c In Psal. 50. Arnobius & Cassidor, add, De populo si quis erraverit, & Deo peccat & Regis quando Rex delinquit, d Grotius de jure Belli & Pacis, l. 1. c. 3. sect. 20. p. 63, 64 77. soli Deo reus est: Merito ergo Rex, Deo Tantum se dicit peccasse; quia solus erat qui ejus potuisset admissa discutere. The like we find in Isiodor. Epist. 383. which some jewish Rabbins back with this saying of Barnachmon, titulo de judicibus Nulla creatura judicat Regem, sed Deus benedictus: Therefore the jewish kings were above all Laws, and not subject to the censures of their Congregations, States, or Sanhedrin. To this I answer first, Answ. That no doubt, David by his adultery and murder (being sins against the second Table) did sin not only against God, but e 1 Sam. 2. 25. 2 Chron. 6. 22. Deut. 22. 23. 24. Ezek. 18. 6. 7. 11 against Vriah and his wife too, their children and kindred; yea f Prov. 20. 2. 1 Cor. 6. 18. against his own soul and body, though he were a king; That of justus Eccardus, De Lege Regia, being an itrefragable truth, granted by g See Grotius de jure Belli, l. 2. 6. 14. s. 20. Marius Salamonius de Principatulib. Rebuf Praesat. ad Rubr de Collationibus, p. 583. all Lawyers and Divines whatsoever, that the absolutest Emperors, Monarches, Kings, that be, are subject to the Laws of God, of Nature, of Nations, and cannot justly do any thing against them to the hurt of piety, chastity, fame, life, or what is contrary to good Manners. Secondly, No doubt every king is bound in conscience by the Law of God and man, to give satisfaction and recompense to his Subjects against whom he sinneth in this nature, as David himself determines in this his own case, 2 Sam. 12. 5, 6, 7. Thirdly, For this very sin against Vriah God threatens, that the sword should never depart from David's house; that he would raise up evil against him out of his own house, that he would take his wives before his eyes and give them unto his Neighbour, who should lie with them in the sight of the Sun, before all Israel, 2 Sam. 12. 10, 11, 12. which was actually fulfilled in and by Absalon his son, 2 Sam. 16. 22. The gloss therefore of these Fathers, that David was exempt from all Laws being a King, and that he could not sin against a Subject, is point-blank against the History, and Text itself; and manifested to be apparently false by all the premised Scriptures and Authorities. Fourthly, the true reason of this speech of David, Against thee, Thee only have I sinned, and done this evil in thy sight, as Augustine h In Ps. 50. Marlorat. Mollerus, Musculus, Calvin, Bredenbachus, Brentius Bucunus, Brero, Bugenbag. Fernerius, Haymo, Gualther, Rolloc, Savanoerola, Scultetus, Gilbert Cognatus, Westhemerus, Zegodinus Wolfg. Seberius in Psal. 51. and others truly observe was: 1. Because David had plotted and contrived the murder of Vriah, and abusing of his wife so closely, that no man did or could take notice of it; whence Nathan the Prophet tells him, 2 Sam. 12. 12. Thou didst it Secretly, but I will do this before all Israel: sed forte erat quod homines latebat, & non inveniebant illi quod erat quidem, sed manifestum non erat, writes Augustine: 2. Because Vriah being slain, and his wife a party consenting to David's sin, his sin now might in this sense be said, to be against God alone. 3. sin, quatenus sin, and as it deserves eternal punishment, is properly committed against none but God, whose Law and prohibition only makes it sin; therefore in this regard, David now confessing his sin to God himself, useth this expression and rhetorical ingemination, Against thee, thee only have I sinned. 4. Because none was free from sin, and so sit to be his Judge in that respect but God only. 5. Only, is many times taken for principally or especially; as we usually say, such a one is the only man; i Rom. 2. 12. 14. 15. c. 3. 20. c. 5. 13. c. 7. 7. 1 Cer. 15. 56. 1 joh. 3. 4. such a salve or medicine, is the only remedy; and the Scripture useth this phrase in this sense in David's own ease, 1 King 15. 7. David did that which was right in the eyes of the Lord, and turned not aside from any thing that he commanded him all the days of his life, save ONLY in the matter of Vriah, that is principally, k 2 Sam. 24. 10. to 20. for he committed divers sins besides, as in numbering the people, in giving Mephibosheths' land to Ziba upon a false suggestion, himself confessing m Psal. 40. 12 Psal. 38. 3, 4. that his iniquities were gone over his head, l Sam. 16. & 19 28, 29. and his sins more than the hairs of his head: but yet this was his ONLY, to wit, his principal sin: so in divers others Texts, only is used for principally; as Iosh. 1. 7. 18. Only be thou strong; 1 Sam. 18. 17. Only be thou valiant: So here, against thee, thee only have I sinned; that is, I have principally sinned against thee alone, not excluding his sin against himself, Vriah, and others, whom he injured thereby. 6. This sin against n See De jure Magistratus in su●di●os p. 301, 302. Vriah was but a personal and private injury, into which David fell out of humane frailty, it was the first and only sin of this kind that ever he committed, for aught we read; he made no trade of it, he repented for it, and never relapsed again into it: in this regard therefore these Father's interpretations may be Orthodox, that for such a private sin of infirmity only, David was not responsible nor punishable by the Congregation or Sanhedrin: But had he made a common trade of murdering his subjects, ravishing their wives, and the like; or giving himself over to the open practice of gross Idolatry, (a sin only against God himself) and not repent of, or humbled himself solemnly for it, as he did for these sins here, no doubt the Congregation or Sanhedrin might upon complaint, have questioned, reprehended, and censured him for it, as the premises plentifully manifest, notwithstanding the privilege of his regality, which, as it exempted him not from the guilt, so not from the punishment due unto such Crimes, whether temporal or eternal: not from the o Isay 30. 33. Rom. 6. 15. 16. eternal, which is the greatest, that is certain, therefore not from the temporal, which is the less. Finally, God himself threatens, that p 2 Sam. 7. 14 Psa. 89. 30, 31, 32. If Solomon or any Kings of David's Seed should forsake his Law, and not keep his Commandments, but commit ini●●●ity against him, he would chasten them with the Rod of Men, and the Stripes of the Children of Men; whence the q Hugo Grotius de jure Belli & pacisl. 1. c. 3 sect. 20. p. 64. Rabbins write, That if their Kings transgressed against the Law of the King, they were and might be scourged for it, without dishonour, by a man whom themselves made choice of: Therefore they might be justly censured and punished by men for their transgressions against God alone, notwithstanding this gloss of these Fathers, true only in some sense in private cases, and sins of infirmity against private men, not of public habitual transgressions. The second Objection, Object. is that Speech of Samuel to the people, 1 Sam. 8. 11. to 19 This will be the manner of the King that shall reign over you; He will take your sons and daughters, and appoint them for himself, etc. And he will take your fields, and your Vineyards, and your Oliveyards, even the best of them, and give them to his servants. And he will take the tenth of your seed, and of your Vineyards, and give to his servants: And he will take your manservants, your maid-servants, your goodliest young men and your Asses, and put them to his service; he will take the tenth of your sheep, and ye shall be his servants; And ye shall cry out in that day, because of the King whom ye have chosen you, and the Lord will not hear you in that day. Therefore their Kings were absolute Monarches, not bound to Laws, nor responsible to their subjects for their oppressions, nor yet resistible by them. To which I answer, that this is a direct description of a Tyrant, and not of a lawful King; as is evident, First, Answ. 1. by the very occasion of the words; Uttered purposely by Samuel to dissuade the People from electing a King, & changing their former Aristocratical Government, into a Monarchical; because their kings would many of them prove more oppressive, Tyrannical and burdensome to them then their judges or his sons were, whose bribery and perverting of judgement, moved the people thus earnestly to affect a change of Government, as is evident by the 1, 2, 3, 4, 5, 6, and 9 Verses; s Antiqu. jud. l 6. c. 4. josephus, and the consent of all Expositors. Secondly, 2. by the introduction to, and the words themselves, This will be the manner of the King that shall reign over you, He will take, and he will do thus and thus; not this aught to be the manner, he ought to do, or lawfully may do thus and thus. Thirdly, by the things themselves which he would do, which are directly contrary to Deuter. 17. 14. to the end; and all other Scriptures, expressly enjoying Kings t 2 Sam 23. 3 Ps. 67. 4. Pro. 31 9 Isay. 32. 1. 2 Chron 9 8. to judge their people righteously, to do justice and judgement, and not any ways to oppress or spoil them. I shall instance only in two particulars. First, the law of God expressly prohibits v Exod. 20: 17. Deut. 5. 21. all men (and Kings as well as others) to covet their neighbour's House, his manservants, his maid-servants, his Ox, or his Ass, or any thing that is his Neighbours: If their Kings then might not lawfully so much as desire or covet, much less might they lawfully take away their Houses, Sons, Daughters, Manservants, Maidservants, Asses, Sheep, Corn, Vineyards, or any thing else that was theirs, without their free consents, as Samuel tells them their King would do; this therefore must need, be only a declaration of what their Kings would Tyrannically do, not of what they might lawfully or justly execute. Secondly, it is Gods express Edict, Ezek. 46. 18. The Prince shall not take the People's inheritance by oppression, to thrust them out of their possessions, but he shall give his Son's inheritance out of his own possession, that my people be not scattered every one from his possession. And Ezek 45. 8, 9 The Land shall be the Prince's possession in Israel, and my Princes shall no more oppress my people, and the rest of the Land shall they give to the house of Israel according to their Tribes: Thus saith the Lord God, Let it suffice you, O Princes of Israel; remove violence and spoil, and execute judgement and justice; take away your exactions (or expulsions) from my people, saith the Lord. Whence x 1 King. 21. 2 to ●5. Ahab King of Israel for coveting, and unjustly depriving Naboth of his Vineyard, which he refused to sell him, because it was the inheritance of his Fathers, and taking possession thereof after his unjust condemnation, had a most severe judgement denounced against him, even the utter extirpation of himself, Q. jezabel, and their posterity, afterwards executed: Which punishment God would never have inflicted on them, had it been lawful for the Kings of Israel to take the people's Fields, Vineyards, Oliveyards, etc. and possess or give them to their servants, as Samuel here tells them their Kings will do: This clause then of taking their Fields, Vineyards, etc. from them, by the King, without their consents, being thus diametrally contrary to these Texts of Ezekiel, and such a capital Crime in King Ahab, (yea, contrary to the practice of joseph, and the Egyptian Heathen King Pharaoh, who took not away, but bought the Egyptians Cattell and Lands for Corn, Gen. 47. 14. to 27.) can no ways be warranted as a just royal prerogative lawful for their Kings to use, but must needs be branded for a Tyrannical Oppression. Fourthly, this is evident by the consequences of it, Ye shall be his servants, (not subjects;) And ye shall cry in that day because of your King which ye have chosen you, and the Lord will not hear you in that day, Verse 17, 18. Certainly the people neither would nor ought to cry to god against the proceedings of a just upright King, but only of a Tyrant and Oppressor; therefore this Text must needs be meant of such a one, who should be a scourge and punishment to them, as Tyrants are, not a blessing as good Kings always be. Fifthly, consult we with all Politicians whatsoever, this description suits only with a Tyrant not with any lawful King: and that it is meant of such a one, we have the testimony of y Antiqu. jud. l. 6. c. 4. 5. josephus, the general concurring suffrage of all Commentators and Expositors one the place (see Lyra, Hugo de Sancto Victore, Carthusian, Angelomus Lexoviensis, Calvin, Brentius, Bugenhagius, Beda, Bertorius, Martin Borrhaeus, Peter Martyr, Zanchius, Piscator, Serrarius, Strigelius, Doctor Willet, Deodate, the English Bible's notes, with others) and of sundry who descant on this Text in other writings; by name, of M. john Calvin, Instit. l. 4. c. 20. sect. 26. Bishop Ponet his Political Government. p. 44. junius Brutus Vindiciae contra Tyrannos, qu. 3. p. 121. 122. 134. 135. 153. 154. 155. 159. De jure Magistratus in Subditos, p, 270. 271. Bucholceri Chronichon. p. 208. Petrus Cunaeus, de Repub. Hebraeor. l. 1. c. 14. Bertrami, Politia Iud●ic. p. 53. Shickardus jus Regium judae. p. 64. Albericus Gentilis de jure Belli, l. 3. c. 15. p. 613. Hugo Grotius de jure Belli & Pacis, l. 1. c. 3. Adnotata. p. 72. Governado Christiano, p. 87. Georgius Bucanus de jure Regni apud Scotos, p. 44. Dole-man, p. 68 70. Haenon. disp polit. p 432. Weemse 2 Vol. 2. Part. p. 14. Hotomani, Franco. Gallia, c. 10. Amesius de Casibus Conscienciae, p. 306. and (to name no more in so plain a case) of Doctor Ferne himself, in his Resolving of Conscience, sect. 2. p. 10. where he writes, That Samuel here tells the people, how they should be oppressed under Kings; yet all that violence and injustice done unto them, is no cause of resistance, etc. This Text then being clearly meant of their King's Oppression, violence, injustice against Law, right, and a clear description of a Tyrant, not a King; I may safely conclude from all the premises, that even among the Israelites and jews themselves, their Kings were subject to the Laws, and that the whole Congregation, Kingdom, Senate, Sanhedrin, not their Kings, were the Supreme Sovereign power, and Paramount their Kings themselves, whom they did thus freely elect, constitute, and might in some cases justly censure, resist, depose, (if not put to death) by common consent, for notorious gross Idolatries and public multiplied crimes, as the forecited authors aver. All which considered, eternally refutes, subverts, confounds the erroneous false Positions and Paradoxes which Doctor Ferne, Griffith Williams Bishop of Ossery, the Author of The necessity of Subjection, with other late ignorant Pamphleteers, have broached to the contrary, without either ground or precedents to warrant what they affirm, touching the absolute Sovereignty, Monarchy, irresistibility, incorrigibility of the Kings of judah and Israel by their whole States, Congregations, Kingdoms general assents, and utterly takes away those sandy fabulous foundations upon which their impertinent Pamphlets against the Sovereign Power of Parliaments, Kingdoms, and the illegality of Subjects taking up defensive Arms against Tyrannical Princes, bend to subvert Religion, Laws, Liberties, the Republic, are founded; which must now needs vanish into nothing, before this Catholic, irrefragable clear-shining verity, abundantly ratifyed by innumerable precedents in all eminent Kingdoms, States, Nations, that either have been in any former ages, or are yet extant in the world; which must and will infinitely oversway, swallow up the inconsiderable contrary opinions of some few privadoes, who (either out of flattery, hopes of getting, or keeping undemerited preferments, fear of displeasing greatness, or inconsiderates following of other reputed learned men's mistakes, without due examination of their erroneous Tenants) have engaged themselves in a polemical blind Combat against these infragable transparent Verities; whose defence I have here made good against all their misprisions, and bootless assaults. Having now Historically ran over the most eminent Empires, Kingdoms of ancient and present times, in a kind of confused method; their copious vastness and variety being so boundless, and my time to collect them so small, that I could hardly marshal them into any comely distinct Regiments, or reduce them to the particular Heads debated in the premises; I shall therefore for a conclusion deduce these distinct Conclusions from them, to which the substance of all the recited Histories may be aptly, reduced, and are in truth abundantly confirmed by them beyond all contradiction, annexing some new punctual Authorities of note, to ratify and confirm them. First, Observe. 1. it is undeniably evident from all the premises, That all Monarchies, Empires, Kingdoms, Emperors, Kings, Princes in the world, were originally created, instituted, ordained, continued, limited, and received all their jurisdiction, power, Authority both from, by, and for the people, whose Creatures, Ministers, Servants they are, and aught to be. If we survey all the several Lawful Monarchies, Empires, Principalities, Emperors, and Kings, that either have been, or yet are extant in the world; we find all sacred and profane Histories concur in this, that they had their original erections, creations from, by, and for the People; Yea, we read the very times when, the most Monarchies of note were instituted, the Names of those on whom the first Monarchies were conferred, (by the people's free election only) yet extant on record in most Histories, and withal express relations, of many different kinds of Kingdoms, Kings, in respect of succession, continuance, Power, jurisdiction, scarce any two kingdoms, or their Kings, being alike in all things in regard of Prerogatives & jurisdictions; all Histories & Politicians concurring, resolving with z Pet. 2. 13. Peter, that Kings are humane Creatures or Ordinances, instituted, diversified thus by men, and the people alone, out of God's general or special providence, not one of them all being immediately or directly ordained by God, as the only efficient cause, without the free concurrence, consent and institution of the people. This truth, is not only ratified by Lex Regia, whereby the Roman Emperors were created, yea, invested with all their power; registered by justus Eccardus de Lege Regia, & Marius Salamonius de Principatu, l. 6. a Part. 3. p. 110, 111. formerly transcribed; by Plato, Aristotle, Xenophon, Berosus, Polybius, Cicero, Livy, justin, Pliny, Strabo, Plutarch, Dionysius Hallicarnassaeus, Diodorus Siculus, Pausanias, Solinus, Alexander ab Alexandro, Hermannus Schedell, Herodotus, Boëmus, Pomponius Mela; forecited, and generally by all Historians, Chronologers, Antiquaries, Lawyers, Politians whatsoever; but directly averred and proved by Franciscus Hotomanus (a famous Lawyer) in his Franco-Gallia, c. 1. 6. 10, 13. the Author of De jure Magistratus insubditos, Quaest. 5. p. 239. 240, etc. Thomas Garzonius Emporij Emporiorum, Pars 1. Discursus 1. de Dom. p. 13. Vasquius Controvers. Illustrium, 12. n. 133. 59 n. 8. 61. n. 22. 80. n. 4. 108. n. 29. 141. n. 2. Covarunius, Quaest. Illust. T. 2. 396. n. 2. 4. Hugo Grotius de Jure Belli, l. 1. c. 4. sect. 7. l. 2. c. 14. sect. 11. and elsewhere: Marius Salamonius de Principatu; Eccardus de lege Regia, with others cited by them: hooker's Ecclesiastical Polity. l. 1. sect. 10. p. 69, 70, 71. (a pregnant place) Albericus Gentilis de jure Belli, l. 3. c. 10. 15. joannes Mariana de Rege & Regum Instit. l. 1. c. 1. to 10. Sparsim, & junius Brutus, Vindiciae contra Tyrannos, Quaest. 3. p. 83. to 94. with whose words I shall close up this observation, (having b Part 3. p. 115, to 122. elle where particularly proved the verity thereof, and answered all Objections against it from misinterpreted Scriptures:) We say now (writes he) that the people constitute Kings, deliver Kingdoms, approve Kings elections, with their suffrages; which God would have to be thus, that so whatsoever authority and power they should have, they should, next to him, refer it to the people, and therefore should bestow all their care, thoughts, industry for the people's profit; neither verily should they think themselves advanced above other men for their excellency of nature, no otherwise then men are over Herds and Flocks, but should remember, that being born in the same condition with others, they were lifted up from the ground unto that condition by the suffrages, as it were, by the Shoulders of the people, upon whose Shoulders the burden of the Commonweal should for a great part rest. After which he proves by Deut. 17. and divers forecited precedents in Scripture, that God gave the Election and Constitution of the kings of Israel to the people; and that notwithstanding the succession of the kingdom of judah was by God entailed afterwards to the Lineage of David, yet the Kings thereof actually reigned not before they were ordained by the people. Whence we may conclude, that the Kingdom of Israel, if we respect the stock, was certainly hereditary, but if we regard the persons, altogether elective. But to what end was this, if the Election appear, as it is confessed, but that the remembrance of so great a dignity conferred by the people, should make them always mindful of their duty: So likewise among the Heathens we read, that Kings were constituted by the people; for when they had wars abroad, or contention at home, some one man, of whose fortitude and justice the multitude had a great opinion, was by common consent assumed for King. And among the c Herod. l. 1. Cicero, l. 1. Offic. Medes, saith Cicero, Deioces was of an Arbitrator made a judged, of a judge created a King; and among the Romans the first Kings were elected. Therefore when Romulus being taken away, the Inter-regnum of the hundred Senators was displeasing to the Romans, they accorded, d Livius, l. 1. that aftwards Kings should be chosen by the Suffrages of the people, the Senate approving it: And Tarquin the proud was therefore reputed a Tyrant, for that being created neither by the people nor Senate, he held the Empire only by force and power: Wherefore Caesar although he invaded the Empire by force, yet that he might cozen the people at least with some pretext of Law, would seem to have received the Empire from the Senate and people: But Augustus although he was adopted by Caesar, yet he never bore himself as heir of the Empire, by divise; but rather received it as from the Senate and people; as did also Caligula, Tiberius, Claudius; whereas Nero, who first invaded the Empire by force and wickedness without any colour of Law, was condemned by the Senate. Since than no man could be born an absolute King, no man can be a King by himself, no man can reign without the people: Whereas on the contrary, the people may both be, and are by themselves, and are in time before a King; it most certainly appears, that all Kings were first constituted by the people. Now albeit that from the time that Sons or Nephews imitated the virtues of their parents, they seem to have made kingdoms as it were hereditary to themselves in certain Countries, where the free power of Election may seem in some sort to have ceased, yet that custom hath continued in all well constituted kingdoms, that the children of the deceased kings should not succeed until they were as de nono, newly constituted by the people, nor should not be acknowledged as heirs to their Fathers, but should only then at length be reputed kings, when they had as it were received investiture of the Realm from those who represent the Majesty of the people, by a Sceptre and Diadem. In Christian kingdoms which at this day are said to be conferred by succession, there are extant most evident footsteps of this thing. For the kings of France, Spain, * See here, par. 1. p. 53. to 78. England, and others are wont to be inaugurated, and as it were put into possession of the Realm by the States, Senator's, Nobles and great men of the Realm, who represent the universality of the people, in the same manner as the Emperors of Germany are by the Electors, and the kings of Poland by the Vaynods or Palatines, where the entire right is only by election, neither, is royal Honour yielded to them in the Cities of the kingdoms, before they have been duly inaugurated: Neither also heretofore did they compute the time of the reign, but from the day of the inauguration, which computation was accurately observed in France: And that we may not be deceived by reason of any continued stories of succession; even in those very kingdoms, the States of the Realm have oft times preferred a kinsman before a son, the second son before the eldest; is in France, e Analas Cilly. Lewis, the brother, before Robert Earl of Dreux; also Henry, the second brother, before Robert Capet the Nephew, with others elsewhere: Yea, and the same kingdom by Authority of the People, hath been translated from one Nation and Family to another, whiles there were lawful heirs extant; from the Merovingi to the Carlingi, from the Carlingi to the Capets; which hath been likewise done in other Realms, as it sufficiently appears out of the truest Histories. And that we may not recede from the kingdom of France, which hath ever been reputed the pattern of the rest, in which, I say, succession seems to have obtained greatest strength: We read that Pharamont was elected, Anno 419. Pipen, An. 751. Pipens sons, Charles the great and Charlemagne 768. not having respect of the Father; Charlemagne being at last taken away 771. the Brother's part did not immediately accrue to Charli the Great, as is usually done in inheritances, but by the determination of the people and public Council: and by them Ludovicus pius was elected, An. 812. although he were the son of Charles the great. Yea, in the very Testament of Charles, which is extant in Nauclerus, he Entreats the People by the Common Council of the Realm to elect one of his nephews whom they pleased; as for his Uncles he bids them rest satisfied with the Decree of the people. Whence Charles the bald, Nephew by Lewis the godly and judith, professeth himself An elected King in Aimoinius the Historiographer. In sum, all kings whatsoever, from the beginning were Elective; and those who at this day strive to come to the kingdom by succession, must of necessity be First ordained by the people. Finally, albeit the people by reason of certain egregious merits, hath in certain Realms used to choose kings out of the same stock, yet they choose the stock itself, nor the branch; neither do they so choose it, but if it degenerates, They may elect another: But even those who are nearest of that stock, are not so much born, as made kings; are not so much accounted kings as the Attendants of kings; which Franciscus Hotomanus in his Franco-Gallia, cap. 6. 7. & 10. prosecutes more at large, and manifests by sundry pertinent Precedents and Authorities. Secondly, Observe. 2. that it is apparent by all the premised Histories; That in all Empires, Monarchies, the whole Empire, State, Kingdom, with the Parliaments, Senates, States, Diets, public Officers and general Assemblies which represent them, are the Supremest Sovereign power, superior to the Emperors, Kings and Princes themselves; who are subordinate Ministers and servants to them, elected, created by them for their common good; and not absolute Sovereign Lords or Proprietors to rule & domineer over them at their pleasure: Which conclusion you shall find abundantly ratified, and professedly maintained by Marins' Salamonius, de Principatu, in six several Books; by john Mariana, de Rege & Regis Instit. l. 1. c. 8. Stephanus junius Brutus, his Vindiciae contra Tyrannos, throughout, especially p. 91. to 110. the Treatise, De jure Magistratus in Subditos, throughout: justus Eccardus, de Lege Regia: Henricus Ranzovius; Commentarii Bellici, lib. 1. c. 3. and elsewhere: Georgius Obrechtus (an eminent Civil Lawyer) Disputationes juridicae, de Principiis Belli, sect. 115. to 200. where he thus resolves, f Num. 127, 128, 129. The inferior Magistrates, as in Germany the Electors, Princes, Earls, Imperial Cities; in France the Peers of France, in Poland the Vayvodes or Palatines, and in other Kingdoms the Nobles, Senators, and Delegates of the Estates, as they are severally inferior to the Emperor or King, Ita Vniverst Superiores existunt, so collectively They are superior to them; as a General Council is above the Pope, the Chapter above the Bishop, the University above the Chancellor; The Prince, saith g Peneg. Tr●ian. di●tus. Pliny the second, even the greatest, is obliged to the Commonwealth by an Oath, as its servant, ac ipsa Republica seu Regno Minor est, and is less than the Republic or Kingdom itself:) by Franciscus Hotomanus a learned French Lawyer, in his Franco-Gallia, c. 6, 7. 10, 11. 14, 15, 16, 18, 20. Aquinas, de Regimine Principum, c. 6. by Hemingius Arnisaeus, De Auctoritate Principum in populum, etc. and De jure Majestatis, Sebastianus Foxius, De Regni Regisque Institutione; Vasquius Controvers. Illustrium passim, Cavarnuius Contr. Illustr. T. 2. 505. n. 1. 399. n. 6. Haenon Disp. Polit. p. 179. etc. Alhusius Polit. c. 4. p. 146. to 154. with john Calvin Instit. l. 4. c. 20. sect. 31. and * Barclay l. 3. adver. Monarc. c. 8. l. 6. c. 23. 24. quoted by Grotius. divers others forecited: Hear h Vindiciae Contr. Tyrant. printed 1589. Quaest. 3. p. 9 91. to 111. junius Brutus instead of all the rest to this particular, being a Frenchman by birth, and writing his mind herein both freely, accutely and ingeniously, in these words: Now verily, since Kings are constituted by the people, it seems necessarily to follow, populum universum Rege potiorem esse, That all the people are better and greater than the King. For such is the force of the word, that whoever is constituted by another, is reputed less than him; he who receiveth authority from another, is inferior to his Author. i Gen. 39 4. Potipher the Egyptian appointed joseph over his family, k Dan. 2. 48. Nebuchadonozer set Daniel over the Province of babylon; l Dan 6. 1. Darius set an hundred and twenty Princes over the Kingdom. Verily Masters are said to appoint servants; Kings Ministers; so likewise the people appoints the King, as the Minister of the Commonweal; which title good Kings have not contemned, and ill Kings have affected, so that for some ages, none of the Roman Emperors, but an apparent Tyrant, such as Nero, Domitian, Caligula, would be called LORD. Moreover it appears, that Kings were instituted for the people's sake; neither wilt thou say, that for an hundred Homuncices more or less, (for the most part far worse than the rest) all inferiors whatsoever were created, rather than they for them. Now reason requires, that he for whose sake another exists, is to be accounted lesser than he. Thus the Governor of a Ship is instituted by the owner for the Ships sake, who sits at the Helm, lest the Ship should be broken on the Rocks, or ill hold her course. And verily whiles he intends this business, the other Mariners serve him, and the owner himself obeys him; and yet he is a servant of the Ship, as well as any mariner, neither differs he from a mariner in gender, but in kind: In the Republic, which is usually compared to a Ship, the King is in place of a Master, the people of an Owner: therefore to him seeking the public safety, the people obey and submit; when notwithstanding he is, and ought no less to be accounted a servant to the Republic, as well as any Judge or Captain, neither differs he from those in any thing, but that he is bound to bear greater burdens, and undergo more dangers: Wherefore verily what things soever the King acquires in war, or when he gaineth adjoining Coasts by right of war or by sentence of Law, as those things which are brought into the Exchequer, he acquires to the Kingdom not to himself; to the people, I say, which constitute the kingdom, no otherwise then as a servant (purchaseth) to his Lord; neither can any obligation be contracted with him, but by their authority. Furthermore, innumerable people live without a king, but thou canst not conceive a King without a people, so much as in thy mind. Neither have some attained a Royal Dignity because they differed in kind from other men, and aught to rule over others by a certain excellency of nature, as shepherds do over their Flocks; but rather, the people created out of the same Mass, have advanced them to that degree, that so if they enjoyed any authority, any power, they should acknowledge it received from them, and possess it as during their pleasure; which the ancient custom of the French aptly showeth, who * Hotemani France Gallia, ●. 6. lifting their King up on a Buckler, proclaimed him King. For why, I pray, are Kings said to have innumerable eyes, many ears, long hands, most swift feet? what, because they are like to Argus, Geryon, Midas, or to those whom fables have feigned? verily no, but indeed because all the people whom it concerns, lend all their eyes, their ears, their hands, feet, and faculties to the king for the use of the Republic. Let the people recede from the King, he who even now seemed eyed, eared, strong and flourishing; will suddenly wax blind, deaf, and fall to nothing; he who erewhile did magnificently triumph, will in one moment become vile to all: he who even now was adored almost with divine honours, will be compelled to play the Schoolmaster at Corinth: Over-turn only the basis of this Giantlike heap, and like the Rhodian Colossus, it will of necessity fall, and be broken into pieces. Since therefore a King exists by and for the people, and cannot consist without the people; to whom may it seem strange if we conclude, That the People are greater than the King. Moreover, what we say of all the People, we will have spoken also, as in the second Question, of those also who lawfully represent all the people in every kingdom or City, who verily are commonly reputed the Officers of the Kingdom, not King. The Officers of the King, are created or discharged by the King at his pleasure; Moreover, when he dyeth they are out of place, and are in some sort accounted dead men. Contrarily, the Officers of the kingdom, receive their authority from the people, to wit, In a public Council, or at least, Heretofore were wont to receive it, neither can they be cashéered without the same. Therefore those depend on the King, these on the kingdom: they, from the Supreme Officer of the kingdom, who is the king himself; these, From the Supreme Dominion of the People, from whom the king himself, as well as they, aught to depend. Their Office is, to take care of the king: these men's duty, to take heed that the Commonwealth receive no detriment any where: Theirs to be present and serve the King, as any domestic servants do their Masters; these men's, to defend the rights and privileges of the people, and diligently to provide, that the Prince himself commit, or omit nothing to their destruction. Finally, those are the King's servants, Ministers, domestics, instituted only to obey him; these contrarily, are as the king's Assessors in judging according to Law and Consorts of the Royal Empire; so as all these are bound to govern the Commonweal, no otherwise then the king is; yet he, as a precedent among them, may only hold the first place. Now as All the People are superior to the King; so even these, although single, every of them be inferior to the King, yet All of them are to be deemed superior to him. How great the power of the first kings was, appears sufficiently from this; that Ephron king of the Hittites, durst not grant the right of a sepulchre to Abraham without the people's consent; m Gen. 23. and 34. nor Hamor the Hivite king of Sechem, make a league with jacob, the more weighty affairs being usually referred to the people. And vetily in those kingdoms, which at that time were circumscribed almost with one City, this was easy: But from that time kings began to enlarge their Territories, neither could all the people assemble in one place without confusion, Officers of the kingdom were appointed, who should ordinarily defend their rights; yet so, as when there should be need, either all the people, or at least a certain Epitome of them should be extraordinarily assembled. We see this order to have been in the kingdom of Israel, which by the judgement almost of all politicians, was best of all constituted. The king had his Bakers, Butlers, Chamberlains, Masters and Stewards of his House, who overlooked his Family; the kingdom had likewise its Officers, 71. Elders and Captains chosen out of every tribe, who might take care of the Republic in time either of peace or war: and finally its Magistrates in every Town, who were every one to defend their Rites, as the others the whole kingdom (which he proves to be above their kings, and to overrule them, in the * Har. p. 143. 144. forecited passage.) Such were the 7. n Esther ●. Magis, or wise men in the Persian Empire, being as it were Consorts of the Royal Honour, and who were called the king's eyes and ears, with whose judgement we read the kings rested satisfied: Such were the Ephori in the Spartan Realm, to whom they appealed from the king, and who did likewise judge the kings themselves; as it is in Aristotle; In the Egyptian kingdom the public Ministers were elected and assigned to the king by the people, only to this end, that he should commit nothing against the Laws. Now as o Arist. Polit. l. 5. c. 11. & 6. 3. c. 7. Aristotle every where calls those lawful kings, to whom such Officers are adjoined, so likewise he fears not to say, where they are wanting, that there is not a Monarchy, but either plainly a barbarous tyranny, or a domination next to Tyranny. In the Roman State the Senators obtained this place, and the Magistrates usually chosen by the people, the Tribune of the Consuls, the precedent of the City, and the rest, so as there lay an appeal from the king to the people, which Seneca citys out of Tully's Book of the Republic, and the History of Horatius Tergeminus, condemned by the Royal judges for the murder of his sister, and absolved by the people, sufficiently evidenceth: But under the Emperors, the Senate, Consuls, Praetors, Praetorian Perfects, Precedents of Provinces, which were given to the people and Senate, were therefore all called the Magistrates of the people of Rome. Therefore when as by the Decree of the Senate, Maximinus the Emperor was judged an enemy of the Republic, p Herodian. l. 8. in Orat Maximi & Albini 〈◊〉 Milites. and Mazimus and Albinus were created Emperors by the Senate against him, the Soldiers took an oath, that they would Fathfully obey the people of Rome, the Senate & Emperor, howsoever this law might be violated under tyranny. As for the Empires at this day (as the Turkish & Muscovitish, and others of this kind, which are rather great Robberies, than Empires) there is not one of them, which if not at this time, was not at least in times past governed in this manner. But if it be come to pass through the Magistrates fault and slothfulness, that in some places posterity have received a worse Commonweal, notwithstanding those who at this day possess these Offices, are bound as much as in them is, to revoke all things to their ancient state. In the Germane Empire which is conferred by election, there are Princes, and Electors, as well Laics as ecclesiastics, Earls, Barons, Cities, Ambassadors of Cities, who as they have the care of the Commonweal in their several places, so likewise in general Assemblies (or diets) when there is needs, they represent the Majesty of the whole Empire, where they are bound to care, that the Republic sustain no detriment by the private endeavours or hatreds of the Emperor. Therefore there is one Chancellor of the Empire, another of the Emperor; other and different Officers besides, both of the one, and other: divers Exchequers, divers Treasurers; and therefore it is a common saying, that the Empire is preferred before the Emperor, so as q Speculum ●axonicum. the Emperor may be every where said to do homage to the Empire. Likewise in the Realm of Poland, the Bishops, Palatines, Castellans, Nobles, Deputies of Cities and Counties are extraordinarily assembled; in whose assembly only new constitutions are made, and wars decreed. But ordinarily the councillors of the Realm of Poland, the Chancellor of the Polish Repub. etc. although the King in the mean time hath his own Chamberlains, Stewards, Ministers & Domestics. But he who will dispute among the Polonians, whether the King or the whole people of the Kingdom, represented by the Estates of the Realm, be greater: doth just like him who should dispute at Venice, whether the Duke or the Republic were the superior? But what shall we say of those kingdoms which are wont to be carried by succession? Verily the thing is no otherwise there. The Realm of France, which not long since was preferred before the rest both for the excellency of Laws and Orders, was thus constituted in times past; and although those who hold that place do not sufficiently discharge their duty, yet they are not thereby the less obliged to do it: The king verily hath his great Master, or Arch-Steward, his Chamberlains, Hunters, Guard, Butlers, and the rest, whose Offices heretofore did so depend on the King that he dying, themselves seemed also to die in their Office; so that even yet, after the end of the mourning royal, the great Master or Arch-Steward, is wont to pronounce certain conceived words, wherewith he dismisseth the royal family, and bids every one provide for himself: Yet notwithstanding the Kingdom of r Aimenius, l. 5. c. 16. in Carolo Caluo. See H●lomani Franco gall●a, c. 5, 6, 10. etc. France hath its Officers, the master of the Palace, who afterwards was styled the Earl of the Stable, the Marshals, Admiral, Chancellor, or great Referendary, Secretaries, Treasurers, and Officers, who verily heretofore WERE NOT CREATED, BUT IN THE GREAT PUBLIC COUNCIL of the three Orders of the Clergy, Nobility and people; but since the standing Parliament was ordained at Paris, they are not thought settled in their Offices, before they be received and approved by the Senate of Paris, s P. Filius. sam. Inst. quibus mod. in P●triae pol. solvitur. neither can they be cashiered without their consent and authority: Now all these, first plight their faith TO THE KINGDOM, that is, to all the people, after that to the King, as the Guardian thereof; which is perspicuous even from the very form of the Oath. But especially the Earl of the Stable, when he is girded by the King with the Liliated sword (as appears by the words which he pronounceth,) is girded to that purpose, THAT HE MAY DEFEND AND PROTECT THE REPUBLIC. Moreover the Realm of France hath its Peers, as Consuls of the King, or its Senators, as the Fathers of the Republic, every of them denominated from the several Provinces of the Kingdom, to whom the King, being to be crowned, is wont to plight his faith, as to the whole Kingdom: from whence it appears, THAT THEY ARE SUPERIOR TO THE KING: These again likewise swear, that they will defend, not the King, BUT THE ROYAL CROWN; that they will assist THE REPUBLIC with their council, and that for this end, they will be present in the sacred Council of the Prince in time of Peace or War, as manifestly appears out of the formulary of the Peership: Therefore by the Law of t Re●atus, chappinus. Lombardy; in giving sentences, they did not only sit with the Lord of the Fee as Peers, but likewise heard the Causes ofttimes between the Superior Lord and his Vassal. We likewise see these Senators of France to have ofttimes judged between the King and Subjects, so that when Charles the 6. would have pronounced sentence against the Duke of Britain, they withstood him, and said, THAT THE JUDGEMENT WAS NOT THE KINGS, BUT PEERS, FROM WHOSE AUTHORITY HE COULD DEROGATE NOTHING. Hence even at this day the Parliament at Paris, which is called the Court of Peers or Senators, is in some sort constituted a judge between the King and People, yea, between the King and every private man, and is bound, as with an obligation to right every one against the King Procurers, if he invades any thing against Law; Besides, if the King determines any thing, or makes any Edict at home, if he make any compact with neighbour Princes, if any War be to be waged, if any Peace be to be made, as of late with Charles the fifth, The Parliament ought to approve, and been Author of it, and all things which appertain to the Commonwealth, aught to be registered among its acts; which verily are not ratified, until they shall be approved by it. Now that the Senators might not fear the King, heretofore none could be preferred into that Order, but such who were nominated by the Senate, neither could they Lawfully be removed, but by its Authority, for a lawful cause. Finally, even the King's Letters, unless they be subscribed by the King's Secretary, and rescripts, unless they be signed by the Chancellor, (who hath a power of cancelling) have no authority. There are likewise Dukes, Marquesses, Earls, Viscount's, Barons, Castellanes; also in Cities, Majors, Deputies, Consuls, in Sindeches, Auditors, and the like, to whom some particular Region or City are severally commended, that they may defend the People so far forth as their jurisdiction extendeth, although some of these dignities at this day are reputed Hereditary: And besides this, yearly heretofore, at leastwise as often as necessity required, there was held an v Aimonius. Assembly of the three Estates, wherein all the Countries and Cities of any note, did send their Deputies, namely Commons, Nobles, ecclesiastics in each of them apart; where they publicly determined of those things which appertained to the Republic: Now such was evermorethe authority of this Assembly, that not only those things which were therein accorded, were reputed sacred and holy, & whether Peace were to be concluded, or War to be waged, or the Guardianship of the Realm to be committed to any one, or a Tax to be imposed, was there concluded; but even Kings themselves for their luxury, slothfulness or tyranny, were thrust into Monasteries, & by their authority, even all their Offsprings deprived of the succession of the Kingdom, no otherwise then at first, when as they were called to the kingdom, by the people's authority: verily those whom consent had advanced, dissent did pull down again; those whom imitation of paternal virtues had as it were called into that inheritance, a degenerate and ungrateful mind, as it had made then uncapable and unworthy, so it did make them to be disinherited: From whence verily it appears, that succession truly was tolerated to avoid competition, succession, an interregnum, and other incommodities of Election; but truly when greater damages would follow; where Tyranny should invade the Kingdom, where a Tyrant the Throne of a King, the lawful Assembly of the people Perpetually reserved to themselves an Authority of expelling a Tyrant or slothful King, and of deducing him to his Kindred, and of substituting a good King in his place. Verily peradventure the French received this from the Gauls, x Caesar, l. 5. & 7. de Bello Gallico. Caesar in the fifth Book of the Gallic War, being the Author; For Ambiorix King of the Eburoni, confessed, that all that time the Empires of the Kings of Gallia were such, that the people duly assembled, had no less authority over the King, than the King over the people; which also appears in Vercingetorix, who pleaded his cause before an assembly of the people. Note. In the Kingdoms of Spain, especially in Valentia and Catteloigne of the Arragonians it is even thus, for the Sovereignty of the Realm, is in the Justice of Arragon, as they call it; therefore the great men, who represent the people, fear not to tell the King in direct terms, both in his very Coronation itself, and likewise every third year in the general assembly of their Estates, Tantum valemus nos, quantum vos; We are as powerful as you, but the Justice of Arragon is above us both, who rules more than you. Yea, oftentimes what things the King hath asked, what he hath enjoined, the justice hath prohibited; nay, he never dares to impose any tribute without the authority of that Assembly. In the Realms of England and Scotland, the Supreme power is in the Parliament, usually wont to be held almost every year. Now they call a Parliament, the Assembly of the Estates of the Realm, where the Bishops, Earls, Barons, Deputies of the Cities and Counties by common suffrage determine of the Republikes affairs, whose authority is so sacred, that what things soever it shall once establish, it is unlawful (or a wicked act) for the king to abrogate. Likewise all the Officers of the Realm are wont to receive their Offices from that Assembly, and those who ordinarily assist the King or Queen in Council. In brief, other Christian Kingdoms, as Hungary, Bohemia, Denmark, Sweden, and the rest, have all their Officers of the Realm, or Consuls of the Royal Empire, who by their own Authority have sometimes used even to depose their Kings themselves, as Histories teach, or fresh memory sufficiently manifests: Neither is there verily any cause that we should think the Royal Authority to be thereby diminished, or that Kings should hereby suffer as it were a diminution of their heads; Truly, we deem not God the less potent for this, because he cannot sin by himself, nor his Empire more restrained, because it cannot be ruined, nor grow worse; therefore not a King, if that he who may offend by himself, be sustained or kept from sinning by another's help; or if peradventure he had lost any Empire by his own negligence or fault, that he may retain by another's prudence. What? do you think any man less healthy, because Physicians sit round about him, who dehort him from intemperance, who interdict him the eating of hurtful meats, who likewise ofttimes purge him against his will, and resisting? Or whether dost thou think those Physicians who take care of his health, or flatterers who obtrude the most unwholesome things, to be more his friends? Therefore this distinction is altogether necessary to be adhibited: Some are friends of the King, others of Caesar; those are friends of Caesar, who serve Caesar; those friends of the King or Emperor, who serve the Kingdom: For since any one is called a King, Note. for the Kingdom's sake, and the Kingdom consists in the people; but the Kingdom being lost or decayed, the King must altogether cease to be a King, or, at least, be less a King: those verily who shall study the profit of the Kingdom, are truly the King's friends; those who neglect, or subvert the profit of the Realm, are truly his Enemies: and as thou canst by no means separate the Kingdom from the people, nor the King from the Kingdom; so neither the friends of the King from the friends of the Kingdom or people; yea verily, as those who truly love Caesar would rather have him to be a King than a private man, nor can they have him a King without a Kingdom, in good sooth those shall be the Kingdom's friends who are Caesar's; and those who would seem to be more the friends of Caesar, then of the Kingdom or people, are truly to be reputed Flatterers and most pernicious enemies. But and if they be truly friends, is it not manifest, that the King will become more powerful and stable, (as Theopompus said of the Ephori when instituted) by how much those shall be more, and more powerful, to whom the profit of the people or Realm shall be commanded and committed? But perchance thou wilt say, You tell me of the Senators, Peers, and Officers of the Realm, but I, on the contrary, see nothing but Ghosts, and as it were ancient Cote-Arms in Tragedies, but I scarce any where discern any footsteps of ancient liberty and authority. Finally, you may see most men every where to look to their own affairs, to flatter kings, to cheat the people; scarce any where mayst thou find one who takes pity of the mascerated people, much less who will give help to the miserable; but if there be any who are truly of that mind, or thought to be so, they are judged Rebels, or Traitors, they are banished, and they are compelled to beg even their very food. Note. What? the thing is thus: It seems almost always and in every place the audacity of Kings, or partly the prevarication, partly the slothfulness of the Nobility hath been such, that kings may seem to have usurped that licentiousness wherewith most of them at this day seem to wax insolent, by a long prescription of time, but the people may seem to have determined their Authority, or to have lost it by not using it: For so it happens for the most part, that no man takes care for that which all are bound to take care of, that which is committed to all, no man thinks it is commended to him. Yet notwithstanding, against the people, neither this prescription nor prevarication doth any thing. It is a vulgar saying, that no prescription can hurt the king, or Exchequer, much less all the people, who are potenter then the King, and for whose sake the Prince hath this privilege; for why else is the Prince only the administrator of the Exchequer, but for the people, the true proprietors as shallbe after proved? Furthermore, is not this a known truth, that no violence, no not in the longest lasting servitude, y L. proponebatur, 6. D. de ● jud. ciis, l. qui res suas 98. paragr. ult. de solat●on ●inter stipul 93. parag. Sacram. D. de Verbor, oblige. Ulpian. de Reg. juris, l. 54. can be prescribed against liberty? But and if thou objectest, that Kings were constituted by the people, who perchance lived above five hundred year since, not by the people extant at this day; I answer, that although kings do die, the people in the mean time (as neither any other University) never dyeth; for as flowing waters make a perpetual river, so also the vicissitude of birth and death an immortal people: Therefore as the Rhine, Seine, Tiber, is now the same as it was above a thousand years ago, so likewise the German, French, Roman people are the same, (unless Colonies shall have casually intervened) neither can their right be any ways changed, either by the flux of water, or change of individuals. Besides, if they attribute the Kingdom received, not to their people, but to their Father, & he to his Grandfather, and so upwards, could he transfer more right to another than himself first had? But and if he could not, (as it is certain he could not) is it not manifest, whatsoever he shall arrogate to himself besides, that he cannot any more usurp it then any thief? But on the contrary the people have a right of perpetual eviction. Therefore that the Nobles have been for a long space oppressed in any Kingdom, can no way prejudice the people; but rather, as the servant should not be heard, who in that he hath a very long time detained his Lord captive, should boast, that he was not only a Freeman, but would likewise arrogate to himself a power of life and death over his Lord: nor yet a Thief, who because he hath robbed 30. years, or is the son of a Thief, should think himself to be without fault, yea rather, by how much the longer he hath been such a one, the more severely should he be punished: So likewise a Prince is not to be heard or endured, who because he hath succeeded to a Tyrant, or hath for a long time used the people like a bondslave, from whom he hath received his kingdom, or hath offered violence to the Nobles, should think that what ever ●e lusted should be lawful to him, and aught to be granted of right. Neither do years subtract any thing from the people's right, but add to the injury of the King. But what, if the Nobles themselves have colluded with the King? what, if in betraying the cause, they have betrayed the people as it were bound, into the hands of a Tyrant? shall the authority of the people by this prevarication or treason seem to be plainly transferred upon the King? whether I say, by this fact is any thing taken away from the liberty of the people, or adjoined to the licentiousness of the Prince? You will say, they may impute it to themselves, who made choice of such men of perfidious faith. But yet these are as patrons to patronise the public profit, and the people's safety and liberty: Therefore as when an Advocate shall make a compact with the adversary of his Client, concerning the value of the suit as they speak, if he had betrayed his cause, he should not hurt him at all; so this conspiracy of the Nobles, as it were made to the damage and destruction of the people, cannot verily detract any thing from their right; but even they themselves shall fall into the penalty of the Law, which is promulged against prevaricators, and the Law permits the people to choose another patron, and to prosecute their right again: For if the Roman people condemned their Emperors to punishment, who at the Caudine Gallows had dishonourably contracted with the enemies, although by compulsion, and reduced to greatest straits; and judged that they were no ways obliged by that paction; shall not the people be much less bound to suffer that yoke, which not by force, but willingly; not for fear of death, but out of desire of gain, hath been thus treacherously put upon them? Or if those who ought to shake it off shall impose it, or those who might do it, shall tolerate it? Observe. 3. He hath many other pertinent passages to the same effect, which brevity enjoins me to omit; those that please may read them at their leisure in the Author himself; whose opinion is fortified by Alphonsus Menesius his poems, annexed to his Treatise. Thirdly, it is abundantly manifest from all the premises; That Kings and Emperors always have been, are, and aught to be subject to the Laws and Customs of their Kingdoms, not above them, to violate, break, or alter them at their pleasures, they being obliged by their very Coronation Oaths in all ages and Kingdoms inviolably to observe them. This verily is confessed a In his speech in Parl. in his works, p 531 c. 9 by K. james, by our b A Collection, etc. p. 320, 321. and elsewhere. K. Charles himself in his late Declarations to all his Subjects; resolved by e l. 1 c. 8. l. 3. c. 9 Bracton f l. 1. c. 17. Fleta, g c. 9 to 15. Fortescue, our h See Cooks Epist. to the 5. Report. & calvin's case. Common and Statute Laws i par. 1. & 2. forecited; by the Year Book of 19 H. 6. 63. a. where Fray saith, That the Parliament is the highest Court which the King hath, and the Law is the highest inheritance which the King hath, for by the Law he himself and all his Subjects are ruled; and if the Law were not, there could be no King nor inheritance; This is proved by k Fox Act. & Mon. Edit. 1. in one Vol. p. 741. Stephen Gardiner Bp. of Winchester in his Letter to the Lord Protector; where he writes, That when he was Ambassador in the Emperor's Court he was fain there, and with the Emperor's Ambassador to defend and maintain, by Commandment * From Henry the eight and his Council. in a case of Jewels, That the Kings of this Realm were not above the Order of their Laws, and therefore the Jeweller although he had the king's Bill signed, yet it would not be allowed in the King's Court, because it was not obtained according to the Law; and generally granted by all our own g Ponet. P. lit. Government, p. 22. Dolman. p. 72. and others. English Writers, is copiously asserted, and professedly averred by Aristotle, Polit. l. 3. c. 11. 13. Marius Salomonius de Principatii. in six special Books to this purpose, by Justus Eccardus de Lege Regia, Thomas Garzonius Emporii, h Plinius 2. Panegyr. Traiano, d●ct Eccardus, de Lege Regia. Emporiorum, Pars 1. Discursus 1. de Dominiis sect. 6. p. 9, 10. Joannis Carnotensis Episc. lib. 4. Policrat. c. 1. Bochellus Decreta, Eccles. Gal. l. 5. Tit. 1. Cap. 6. 15, 16. Haenon. Disput. Polit. p. 428. to 442. Fenestella de Magistratu, p. 149. joannis Mariana de Rege & Regis Instit. l. 1. c 9 (an excellent discourse to this purpose) Petrus Rebuffus, Praefat. ad Rubr. de Collationibus, p. 583, 584. Sebastianus Foxius de Rege, etc. part. 1. p. 108, 109 part. 2. 192 etc. Buckanon de jure Regni apud Scotos passim, junius Brutus Vindiciae contra Tyrannos, quaest. 3. p. 116. to 139. (an accurate discouse to this effect) Grimalius de Optimo Senatore, p. 33. 201, 205. Vasquius contr. Illustr. 16. n. 15. 19 21. 17. n. 1. ●3. 20. n. 3. 44. n. 3. 73. n. 12. 13 15. 72. n. 7. and elsewhere. De jure Magistratus in subditos, passim, Polanus, in Ezech. p. 824. 854. Pareus in Rom. 13. p. 138. Francis. Hotomani, Franco Gallia. c. 6. to the end of Cap. 20. Sparsim, Governado Christiano, p. 108. Cunaeus de Republ. Hebr. l. 1. c. 1. 14. Schickardus Ius Regium Hebrae p. 54. Hugo Grotius de jure Belli, l. 1. c. 4. f. 7. l. 2. c. 14. and elsewhere throughout his second Book, with infinite others of all sorts: This all good Emperors and Kings in all ages have professed, as these Authors prove. Thus the good Emperor Trajan practised and professed; That the Prince was not above the Laws; Hence i In Phil●●●rato, l. 8. & Eccardus de Lege Regia. Apollonius Thyanaeus writing to the Emperor Domitian, saith, These things have I spoken concerning Laws, which if thou shalt not think to reignover thee, than thyself shalt not reign: Hence k Dionys. Hall car. l. 1. Eccardus de Lege Regia junius Brutus p. 122. Autiochus the third, King of Asia is commended, that he writ to all the Cities of his Kingdom, if there should be any thing in his Letters he should write, which should seem contrary to the Laws, they should not obey them. And Anastatius the Emperor made this wholesome sanction, admonishing all the judges of his whole Republic, that they should suffer no Rescript no pragmatical sanction, no sacred adnotation which should seem repugnant to the general all Law or the public profit, to be produced in the pleading of any suit or controversy; enough eternally to shame and silence those flattering Courtiers, Lawyers, Divines, who dare impudently, yea, impiously suggest the contrary into Prince's Ears, to excite them to Tyrannize and oppress their subjects against their express Oaths (inviolably to observe and keep the Laws) their Duties, the very Laws of God and man; of which more in the seventh and vl Observation. Fourthly, Observe. 4. That Kings and Emperors can neither annul nor change the Laws of their Realms, nor yet impose any new Laws, Taxes or Impositions on them, without the consent of their People, and Parliaments: This I have largely manifested in the first Part of this Discourse, and the premised Histories, with the Authors here quoted in the three precedent Observations, attest and prove it fully; for if the whole Kingdom, Parliament, and Laws themselves be above the King or Emperor, and they receive l joannis Maior Distinct. 24. qu 3. Lau. Bochellus Decreta Eccles. Gall. l 5 Tit. 4. c. 3. p. 728. their Sovereign Authority from the People, as their public servants: It thence infallibly follows, that they cannot alter the old Laws which are above them, nor impose new Laws or Taxes to bind the whole Kingdom, people, without their assents, they being the Sovereign Power. This point being so clear in itself, so plentifully proved in the premises, I shall only add this passage out of m Vindicae contra Tyrannos qu 3. p. 124, 125, 126. junius Brutus, to ratify it; If Kings cannot by Law change or extenuate Laws once approved without the consent of the Republic, Innocentius ad Regen. Tarrat. in c. quando de jure I●●ando. much less can they make and create new Laws; therefore in the Germane Empire, if the Emperor think any Law necessary, he first desires it in the general assemblies; if it be approved, the Princes, Barons, and Deputies of Cities subsigne it, and then it is wont to be a firm Law: Yea, he swears, that he will keep the Laws Enacted, and that he will make no news Laws but by common consent. In the Kingdom of Poland there is a Law, (renewed, An. 1454, and 1538.) That no new Laws or Constitutions shall be made, but only by public consent, or in any place but in Parliament. In the Realm of France, where yet commonly the authority of Kings is thought most ample, Laws were heretofore enacted in the Assembly of the three Estates, or in the King's ambulatory Council; but since there hath been a standing Parliament, all the King's Edicts are void, unless the Senate approve them; when as yet the Arrests of that Senate or Parliament, if the law be wanting, even obtain the force of a Law: So in the Kingdoms of England, Spain, Hungary, and the rest, there is, and of old hath been the same Law: For if Kingdoms depend upon the conservation of their Laws, and the Laws themselves should depend upon the lust of one Homuncio, would it not be certain, that the Estate of no Kingdom should ever be stable? Would not the Kingdom necessarily stumble, and fall to ruin presently, or in a short space? But if as we have showed, the Laws be better and greater than Kings, if Kings be bound to obey the Laws, as servants are to obey their Lords, who would not obey the Law rather than the King? who would obey the King violating the Law? who will or can refuse to give aid to the Law thus infringed? Fiftly, Observe. 5. that all public great Officers, Judges, Magistrates, and Ministers of all Realms, are more the Officers and Ministers of the Kingdom, than the Kings, and anciently were, and now aught to be of right elected only by the Kingdom, Parliament, people, and not removable but by them: which is largely proved by junius Brutus Vindiciae contr. Tyrannos, qu. 1, 2, ●. De Jure Magistratus in Subditos, qu. 5, 6, 7, 8, 9 with others, the Histories forecited, and Hotomani Francogallia, c. 6, 11, 12, 13, 14. 6. Observe. 6. That Kings and Emperors have no absolute power over the lives, * See Henricus Eocerus lib. 2. Le Duello, c. 4 5. that the Civil Law concerning justs, is contrary, yet the Canon Law prohibiting justs, upon pain of excommunication, accords with the common Law. liberties, goods, estates of their subjects to dispose of them, murder, imprison, or strip them of their possessions at their pleasure; but aught to proceed against them in case of Delinquency according to the known Laws and Statutes of their Realms: This truth is abundantly evidenced by all the premises; by Magna Charta, c. 29. and all Statutes, Law-Books in affirmance of it; by resolution of the Judges in Henry 8. his reign, Brook. Corone 29. That it is Felony to slay a man in just, and the like, notwithstanding it be done By command of the King, for the command is against the Law; and of Judge Fortescue, 19 H. 6. 63. That if the King grant to me, that if I kill such a man, I shall not be impeached for it, this grant is void and against Law. By Junius Brutus, Vindiciae contra Tyrannos, Quast. 3. p. 136, to 137. and the Treatise De Jure Magistratus in subditos in sundry places, where this undeniable verity is largely proved, confirmed, and by others forecited. Seventhly, Observe. 7. That Emperors, Kings, Princes are not the true Proprietory Lords or Owners of the Lands, Revenues, Forts, Castles, Ships, jewels, Ammunition, Treasure of their Empires, Kingdoms, to alienate or dispose of them at their pleasures; But only the Guardians, trusties, Stewards, or Supervisors of them for their Kingdoms use and benefit, from whom they cannot alien them, nor may without their consents or privities lawfully dispose of them or any of them, to the public prjudice; which if they do their grants are void and revocable. This proposition n Part. 1. p. 102. part. 2. p. 1● to 17. formerly ratified by many reasons, authorities, & sundry Historical Passages in this Appendix, is not only evident by the Metropolitans usual speech to all elected Kings, (prescribed by the Roman Pontifical, ratified by the Bull of Pope Clement the eight, o Rom. 1611. f. 62. ●●3. and transc● in M. Seldens Titles of Honour, first Part. Chap. 8. p. 197, 198. where the Metropolitan, when any King is presented to him to be Crowned, first demands of the Bishops, who present him; Do you know him to be worthy of and profitable to this dignity? to which they answer, We know and believe him to be worthy and profitable to the Church of God, and for the Government of this Realm: After which the Metropolitan among other things, useth this Speech unto him, Thou shalt undeniably administer justice, without which no society can continue towards all men, by rendering rewards to the good, punishment to the evil, etc. and shalt so carry thyself that thou mayst be seen to reign not to thine own, but to all she people's profit, and to expect a reward of thy good deeds, not in earth but in heaven; which he immediately professeth with a solemn Oath, to perform to the uttermost of his power and knowledge;) but likewise professedly maintained by justus Eccardus de Lege Regia, Marius Salamonius de Principatu, Hugo Grotius de jure Belli, & Pacis, l. 1. c. 4 sect. 10. Lib 2. c. 13. 14. Hotomani Franco-Gallia, c. 6. 10. 14. Ruibingius, l. 2. Class. 11. c. 8. n. 26. joannis Mariana, Hist. l. 10 c. 16. l. 27. c. 11 l. 35. c 16. Albericus Gentilis, de jure Belli, l. 3. c. 15. Cuiacius, c 33. de jure jurando, Decius, Cons. 564. 689. Shafalus, Concil. 618. Alciatus, l. 3. de v. s. l. 15. C. de pact. Baldus Proaem. Digest. and by junius Brutus Vindicia contra Tyrannos, qu. 3. p. 136. to 256. who handles this question professedly, Whether that the King be the proprietory Lord of the public Royal Patrimany of his Kingdom, or the Vsufractuary of it? determining clearly that he is not. I shall transcribe the most of his Discourse; This Head we must handle a little more accurately. This is first to be observed, that the Patrimony of the Exchequer is one thing, of the Prince another thing; I say, the things of the Emperor, King, Prince are one thing, the things of Antonine, p L●bene a Zenone c. dequad. praest. l. vivis, de quaest. Mag. l. 12 c. l. fiscus D●de jure fisci. Henry, Philip another: The things of the King are those, which he as king possesseth; the things of Antonine, those which he hath as Antonine, and those verily he received from the people, the other from his Parents. This distinction is frequent in the Civil Law, wherein the patrimony of the Empire is said to be one thing, of Caesar another, the Exchequer of Caesar one thing, the Treasury of the Republic another, the Treasurer of Caesar one person, of the Imperial Exchequer another, the Courts of sacred donations, others from those of private things; so that he who as Emperor is preferred before a private man in a pledge, may sometimes be placed after him as Antonine. Likewise in the Germane Empire, things of Marimilian of Austria are one kind of things, of Maximilian the Emperor another; the Treasurers of the Empire others, and of himself other from them; Likewise by another Law, the hereditary possession of Princes are different, from those which are annexed to the dignities of the Electorship. Yea, even among the Turks the Patrimonial Grounds or Gardens of Selimus are one thing, the fiscal Ground another; and those verily are spent on the Prince's Table, these only in sustentation of the Empire. Yet there are Kingdoms, as the French, English, and the like, wherein Kings have no private Patrimony, but only the Republic received from the people, in which therefore this distinction is not used. Now as for the private goods of Princes, if there be any, there is no doubt but they are the proprietors of them, no otherwise then private Citizens; and by the civil Law they may sell and divide them at their pleasure; But verily of the Exchequer, Kingdom, Royal Patrimony, which is usually called Demesnes, L. Cum servis 3●. to ult. D. de Leg. ●. l Vniversi 9 x. l. seq. C de sundo patrimon. they can with no reason be called the proprietory Lords. For what? whether because one hath made thee a Shepherd for his Flocks sake, hath he delivered it thee to flay, divide, do with it, and strike it at thy pleasure? whether because the people have constituted thee a Captain or Judge of some City or County, have they given thee power of alienating, selling destroying that City or County? And surely there is made an alienation of the people together with the Region or County, have they therefore given thee authority of severing, prostituting, enslaving them to whom thou wilt? Furthermore, is the Royal dignity a possession, or rather a function? If a function, what community hath it with a propriety? If a possession, whether not at least such an one, that the same people by whom it is delivered, may perpetually retain the propriety to itself? Finally, if the patrimony of the Exchequer, or domains of the Republic, be truly called a Dower, and truly such a Dower, by whose alienation or delapidation both the Republic itself and Kingdom, and king himself finally perisheth; by what law at last, shall it be lawful to alienate this Dower? Therefore let Wenceslaus the Emperor be infatuated, let Charles the sixth king of France be distracted, and give or sell the kingdom or a part thereof to the English; let Malchom king of Scotland prodigally spend the Crown land, and royal Treasure, what will follow? Those who have chosen a king against the invasions of Foreigners, by the folly or madness of the king shall be made the servants of Foreigners; those who by this means would severally desire to secure their Estates, shall all of them together be exposed to a prey; those things which every one shall take from himself or from his pupils, as in Scotland, that he mightendow the Commonwealth, some Bawd shall riotously consume. But if, as we have already often said, kings be created for the people's use, what use at all shall there be, if not only the use, but even the abuse be granted? To whose good are so many evils? to whose benefit so many losses, so many perils? If, I say, whiles I desire to look after my liberty or safety, I make myself a slave, I expose myself to the lust of one man, I put myself into Fetters and Stocks? Therefore we see this Law, as it is infused by nature, so likewise it is approved by use almost among all Nations, that it is not lawful for the king to diminish the Commonwealth at his pleasure; and he who doth contrary, is censured to play not the king, but Tyrant. Certainly where kings were created, there was a necessity to give them some Revenues, by which they might both support their Royal State, but most principally sustain the Royal burdens, for so both honesty and profit seemed to require. It pertained to the Royal Office to see Judges placed every where, who should not take gifts, and who should not prostitute the Law to sale; Moreover, to provide a force ready at hand which should assist the Law when ever there should be need; to preserve the ways safe, Commerce safe, etc. but if war were feared; to sortifie Cities with a Garrison, to environ them with a Trench against enemies, to maintain an Army, to furnish Armouries. Now this is a know proverb, that peace cannot consist without war, nor war without soldiers, nor soldiers without wages, nor wages without tribute: Therefore to sustain the burdens of Peace, the demesne was instituted, (which among the Lawyers is called Canon) to defray the charges of war, tribute; yet so, as if some more heavy charge should accrue, an extraordinary aid given by Parliament should supply; the end of all which verily, is the good of the Commonwealth, so as he that converts it to his private use, is plainly unworthy the name of a king. For a Prince, Rom. 13. saith Paul, is the Minister of God for the people's good, and Tributes and Customs are paid to him, that he may continually attend thereto; And truly heretofore almost all Customs of the Romans seem to have had this Original, that the precious Merchandise used to be brought out of India, Arabia, Aethiopia might be secured against piratical invasions, Pliny, l. 19 c. 4. for which cause a Navy was furnished; of which kind was the tribute of the Red-sea, Archid. in Can. si quis Romipetas & peregr. 24. qu. 3. Baldus in c. 1. sect. Come. de paceiure infir. l. 2. D. ne quid in loco pub. Viarum l. magis puto D. de rebus ●orum. Pedatica, Navigia, Portoria, and the rest; that the public ways, (which were therefore called Praetorian, Consular, Royal) should be rendered safe from thiefs plain and easy; which charge even now lieth upon the king's Attorney; that the public Bridges should be repaired, as appears out of the Constitution of Lewes the godly; twelve over Seyne; that Ships should be ready at hand to transport men over Rivers, etc. There were no Tributes of Saltpits, yea, most of them were in the Dominion of private men; because what things nature did voluntarily give, they thought ought no more to be sold, then Light, Air, water. And whereas a certain King named Lycurgus, had begun to impose a Tax on Salt pits, as if nature would not suffer her liberality to be restrained, they are said to have been presently dried up; although at this day, If we believe Palphur or Armilot, Whatever good, juvenal. or fair thing can be got Out of the Whole Sea, in each Realm it flows, Some custom to the King's Exchequer owes. He who first instituted this custom at Rome, was Livius Censor, whence he obtained the surname of Salinator, which he did for the most present necessity of the Commonwealth. For that very cause truly, King Philip obtained it only for five years, whose continuation what commotions it hath produced, every man knoweth: Finally, that tributes were instituted to pay Soldiers wages in wars, appears even from this, that to make a Province stipendiary or tributary, is the selfsame thing indeed. 2 King. 9 & 12. Postellus l, 3. de Rep. T●r. Thus Solomon imposed Tributes to fortify Cities, and to furnish a public Armoury, which because they were finished, the people under Rehoboam desired to be eased thereof: Yea, the Turks themselves call the Tribute of Princes, The sacred blood of the People, which profusely to spend, or to convert to any other use, but to defend the people, is a cursed act. Therefore what things soever a King acquires in wars in every Nation, because he gains it by the common treasure, he acquires it to the people, not to himself, as a factor doth to his Master: Moreover if perchance he gain any thing by marriage (which I say, is pure and simply his wives) he is thought to acquire it to the Kingdom, because he was presumed to marry that wife, not as he is Philip or Charles, but as he is King. On the contrary, as Queens have part of those things which their husbands not yet coopted into the Kingdom have gained during the marriage; so plainly they have no part of those things they get after they have obtained the Kingdom, because they are reputed gained to the public Treasures, not to the private means of the King, which was judged in the Realm of France, between Philip Valois and joan of Burgundy his wife. Now, lest the moneys should be extorted to some other use, the Emperor swears, that he will impose no customs, nor enjoin no taxes, but by the Authority of a public Assembly. The Kings of Poland, Hungary, Denmark, England do the like out of the Laws of Edward the first. The French Kings heretofore demanded Tributes in the Assemblies of the three Estates; Hence also is that Law of Philip Valois; That impositions should not be imposed but upon great and urgent necessity, and that by the consent of the Three Estates: Moreover in times past those taxes were laid up in Castles throughout every Diocese, and delivered to selected men (they even now call them Elected) to be kept, by whose hand the Soldiers enroled in every Town, should receive their wages, which was also usually done in other Countries, as in the Belgic; At this day at least, whatsoever things are commanded, are not confirmed, unless the Parliament consent. Now there are some Provinces, which are not bound by covenant, but by the consent of the Estates, as Languedoc, Britain, Province, Dolphenie, and some others; and in the Netherlands clearly all. Finally, lest the Exchequer, swelling like the spleen, whereby all the other Members do pine away, should draw all things to itself, every where a due proportion is allotted to the Exchequer. Since therefore at last it appears, that the tributes, customs, demesall, that which they call demesnes, (under which names Portages, Imposts, Exposts, Royalties, wrecks, forfeitures, and such like are comprehended) which are ordinarily or extraordinary given to Kings, were conferred on them for the benefit of the people, and supportation of the kingdom, and so verily; that if these nerves should be cut in sunder the people would fall to decay, these foundation being under-mined, the Kingdom must needs fall to the ground; it truly follows, that he who to the prejudice of the people burdens the people, who reaps a gain out of the public loss, and so cuts their throat with their own sword, is not a King, but a Tyrant: contrarily, that a true King, as he is a survey or of the public affairs, so likewise an Administrator of the public riches, but not a proprietary Lord, who can no more alienate or dissipate, the Royal Demesnes, than the kingdom itself; but if he shall demean himself otherwise; verily as it is behooveful to the Republic, that every one should use his own proper goods well, much more is it beneficial for the Commonweal, that every one should use the public estate well. And therefore if a Lord who prodigally spends his Estate, is by public authority deduced to the Wardship of his kinsmen, and Family and compelled to abstain from his possessions; then truly much more justly, the Guardian of the Republic, who converts the public Administration of all wealth into the public destruction, or utterly subverts it, may justly be spoiled, by those whom it concerns, and to whom it belongeth out of Office, unless he desists upon admonition. Now that a King in all lawful Empires is not a proprietary Lord of the Royal patrimony, is easy to be manifested. That we may not have recourse to those most ancient ages, whose Image we have in the person of Ephron king of the Hittites, Gen. 23. who durst not verily sell his field to Abraham, without the people's consent; that very law is at this day used in all Empires. The Emperor of Germany before he is Crowned, Sleiden, l. 1. & ●ulla aurea. sacredly swears, That he will alienate, distract, or mortgage nothing of those things which appertain to the Empire, and the patrimony of the Empire; but if he recovers or acquires any thing by the public Forces, that it shall come to the Empire, not to himself. Therefore when Charles the fourth, that Wenceslaus his son might be designed Emperor, had promised an 100000 Crowns to every one of the Electors, and because he had no ready moneys, had obliged to them by way of pawn to this end, the Imperial Customs, Tributes, Towns, Proprieties and Rights; there arose a most sharp dispute about it, and the most judged the mortgage to be void; which verily had not availed, unless that mortgage had been gainful to those very men, L. 1. & passim, c de Com. Rev. alienat. who ought to defend the Empire, and principally to oppose that mortgage: Yea, therefore Wenceslaus himself was compelled, as incapable, to deprive himself of the Empire, Nauclerus in Chron. Gen. 46. C. intellecto de Inreiurando in Decret. because he had suffered the Royal Rights, especially the Dukedom of Milan to be taken from him. In the Polish kingdom there is an ancient Law, of not alienating the Lands of the Kingdom of Poland, renewed An. M.CCCLXV by king Lewes: There is the same Law in the Realm of Hungary, where we read, that Andrew king of Poland, Polydore Virgil. In Cod Hispan. par. 5 1. Consent. 9 about the year M. CCXXI. was accused before Pope Honorius the third, that neglecting his Oath, he had alienated the Crown Lands. The like in England in the Law of K. Edward, An. M.CCXCVIII. Likewise in Spain by the Constitution made under Alphonso, renewed again MDLX in the Assembly at Toledo; which Laws verily were enacted, when as custom for a long time before had obtained the force of a Law. But verily in the kingdom of France, wherein, as in the pattern of the rest, I shall longer insist, this Law was ever sacrosanct: It is the most ancientest Law of the Realm, I say, the Law born with the Kingdom itself, Of not alienating the Crown (or demesne) Lands, Papon Ar. stor. l. 5. Tit. 20. art. 4. renewed in the year M, D, 66. although it be ill observed. Two cases only are excepted, Panage or Apennage (aliments) to be exhibited to his children or brethren, yet so as the clintelary right be always retained; again, if warlike necessity require it, yet with a pact of reddition, Yet in the interim both of them were heretofore reputed void, Paragr. 11. & 16. Legis Regiae Latae. 1566. unless the Assembly of the three Estates had commanded it; but at this day, since a standing Parliament was erected, it is likewise void, unless the Parliament of Paris, which is the Senate of Peers, and the Chamber of public accounts shall approve it, and the Precedents of the Exchequer also by the Edict of Charles the 6 and 9 Aimoi etc. Aimoi. l. ●. c. 41. And this is so far forth true, that if the ancient Kings of France would endow any Church, although that cause then seemed most favourable, they were bound to obtain the consent of the Nobles; as king Childebert may be for an example, who without the consent of the French and Normans, durst not endow the Monastery of S. Vincents in Paris, as neither Clodoveus the second, and the rest. Moreover, they cannot release the Royalties, or the right of nominating Prelates to any Church; but if any have done it, as Lewes the eleventh in favour of the Church of Sennes, and Philip the fourth of Augiers, Philip Augustus of Naverne, the Parliament hath pronounced it void. The king of France, when he is to be Crowned at Rheimes, swears to this law, which if he shall violate, it avails as much as if he contracted concerning the Turkish or Persian Empire. L. Petr. 69. par●g. praed●umi. D. de Oy. 2. Hence the Constitutions, or as they callit, the Statutes of Philip the sixth, John the 2 d, Charles' the fifth, sixth, eight, of resuming those things which were alienated by their Ancestors, (of which resumptions there are many instances cited by Hugo Grotius de Jure Belli & Pacis, l. 2. c. 14. n. 12. 13. & Adnotata Ibid.) Hence in the Assembly of the three Estates at Towers (An. 1323. 1360. 1374. 1401. 1483.) An. 1483. 15●2. 〈◊〉. Ares●is Curiae. 1●60. in which Charles the eight was present, many Towns of the alienation of Lewes the eleventh his Father, which he had by his own Authority given to Tancred Castellan, who demerited well of him, were taken from his Heirs; which even in the last assembly of the three Estates held at Orange, was again decreed. Thus concerning public Lands. But that it may the more evidently appear, that the kingdom is preferred before the king, that he cannot by his private Authority diminish the Majesty which he hath received from the people, Paulus Aemil. l. 3. nor exempt any one from his Empire, nor grant the right of the Sovereign Dominion in any part of the Realm; Charles the great once endeavoured to subject the Realm of France to the Germane Empire; but the French vehemently withstood it, An. 1195, 1200, 1269, 1297, 1303, 1325, 1335. An 1360. An. 1465, & 1525. a certain Vascon Prince making the Oration: The matter had proceeded to Arms, if Charles had proceeded further. Likewise, when some part of the Realm of France was delivered to the English, the supreme right was almost perpetually excepted; but if Force extorted it at any time, as in the British League, wherein king john released his Sovereign Right in Gascoigne and Poytiers, the king neither kept his Contract, neither could or ought he more to keep it, than a Captain, Tutor or Guardian, as than he was; who that he might redeem himself, would oblige the goods of his Pupils. By the same Law the Parliament of Paris rescinded the agreement of the Flusheners, wherein Charles of Burgundy extorted Ambian, An. 1420. Mons●re●et c. 225. and the neighbour Cities from the king; and in our time the agreement of of Madrit, between Francis the first a Captive, and Charles the fifth the Emperor, concerning the Dukedom of Burgundy was held void; and the Donation of Charles the sixth of the kingdom of France by reason of death, conferred on Henry king of England, may be one apt argument of his extreme madness, if others be wanting. But that I may omit other things which might be said to this purpose, L. Liber homo 103. D. de verbo. obligat. l si Emp. 34. § 1. D. de contra Empil●pe-C. de oper. libert. by what right at last can a king give or sell his kingdom or any part thereof, seeing they consist in the people, not in the walls? now there is no sale of free men, when as Landlords cannot so much as constrain their free Tenants, that they should settle their Household in any other place then where they please; especially seeing they are not servants, but Brethren; neither only are all king's Brethren, but even all within the Royal Dominion ought to be so called. But whether if the king be not the proprietorie of the Realm, An lex sit Regni usis fructuarius? may he not at least be called the usufructuary, or receiver of the profits of the Crown Lands? Truly, not so much as an usufructuary. A usufructuary can Pawn his lands, but we have proved, that kings cannot mortgage the Patrimony of the Crown. A fructuary can dispose or give the profits at his pleasure; contrarily, the great gifts of the king are judged void, His unnecessary expenses are rescinded, his superfluous cut off; what ever he shall convert into any other but the Public use, he is thought to have violently usurped. Neither verily is he less obliged by the Cincian Law, than any private Citizen among the Romans, especially in France where no gifts are of force without the consent of the Auditors of the Accounts. Hence the ordinary Annotations of the Chamber under prodigal kings; This Donation is too great, and therefore let it be revoked. Now this Chamber solemnly swears, that whatsoever rescript they shall at any time receive from the king, that they will admit nothing which may be hurtful to the kingdom and Commonweal. Finally, the Law cares not how a Fructuary useth and enjoyeth his profits; contrarily, the Law prescribes the king in what manner, and unto what use he ought to put them. Therefore the ancient kings of France were bound to divide the Rents into four parts; one part was spent in sustaining the Ministers of the Church, and the poor, another upon the king's Table, the third on the Wages of his household servants, Mon●retus in Carolo 6. the last in the repair of royal Castles, Bridges, Houses; the residue, if there were any, was laid up in the Treasury. Verily what stirs there were about the year 1412 in the Assembly of the three Estates at Paris, because Charles the sixth had converted all things into his and his Officers lusts, and that the Domestic accounts, which before had not exceeded 94 thousand French Crowns in such a miserable estate of the republic, had increased to the sum of five hundred and forty thousand Crowns, is sufficiently evident out of Histories: Now as the rents of the Crown were thus lessened, so also the oblations and subsidies were spent upon the War, as the taxes and tallages were only destinated to the stipends of Soldiers. In other Realms the King verily hath not any more Authority, yea, in most he hath less, as in the German and Polish Empire: But we would therefore prove this to be so in the Realm of France, lest by how much any man dares to do more injury, Ex Concil. Valent. in c. de his quae finite. a Prelatis absque cons capit. by so much also he might be thought to have more right. In sum, what we have said before, the name of a King sounds not an inheritance, not a propriety, not a perception of profits, but a function, a procuration. As a Bishop is instituted for the cure and salvation of the soul, so the King of the body, in those things which pertain to the public goods; as he is the dispenser of sacred goods, so the King of profane, and what power he hath in his Episcopal, the same, and no greater hath the King in his dominical Lands; the alienation of the Episcopal Lands without the consent of the Chapter, is of no validity, so neither of the Crown Land without a public Parliament or Senate of the Estates; Of sacred revenues one part is designed to aedifices, another to the poor, a third to Companions, a fourth to the Bishop himself; the same verily almost we see the King ought to do in dispensing the revenues of the Kingdom. It hinders not, that the contrary every where is at this day usurped: For the duty of Bishops is not any way changed, because many Bishops sell those things from the poor, which they spend upon Bawds, or waste all their Manors and Woods; nor yet that some Emperors have attributed all kind of power to themselves, for neither can any one be judge in his own Cause. But if any Cararalla hath said, That so long as his sword remains, he would want no money; Adrianus Caesar will also be present, who shall say, That he would manage the Principality, Florus l. 2 Livy l. 70. Tacitus l. 14. so as all should know, that it was the people's goods, or inheritance, not his own; which one thing almost distinguisheth a King from a Tyrant: Not, that Attalus King of Pergameni, ordained the people of Rome Heirs of his Realm; that Alexander bequeathed the kingdom of Egypt, Ptolemy of the Cyrenians, to the people of Rome, or Prasutagus of the Iceni to Caesar; verily this great power cannot debilitate the force of the Law, yea, by how much the greater it is, by so much the less it hurts our law; for what things the Romans seized upon by pretext of law, they would notwithstanding have seized on by force, if that pretext had been wanting: Yea, we see almost in our times, the Venetians, by pretext of a certain imaginary adoption, which without force had been plainly ridiculous, Volaterum, lib. Greg 3. to have taken the Kingdom of Cyprus. Nor yet doth the Donation of Constantine to pope Sylvester hinder, for this Chaff seemed absolete long since to Gratian, and is damned to the fire. Not the donation of Lewes the godly to Paschall, to wit, of Rome, with part of Italy, because Pius gave that which he possessed not, and no man resisted; But Charles, his Father, willing to subject the Realm of France to the Germane Empire, the French resisted him by law; 1 King c. 9 2 Chron. c. ●. and if he had gone further, they prepared to resist by source Not, that Solomon as we read, delivered twenty cities to Hiram King of Tyre, for he did not give them, but pawned them as a Creditor till he paid him, and within a short time recovered them, which appears out of the Text; Moreover also they were barren grounds, tilled by Relics of the Heathens, which he receiving again from Hiram, gave them at last to the Israelites to be tilled and inherited. Neither can this more hinder, that in certain Kingdoms this condition perchance doth not so expressly intervene between the King and his people; L. 2. paragr●ius rei D. de administ. rer ad cui. part. 1. Lut●r 27. D. de admin. tutor. l. fi Fundum. farag. fi tutor D. depositi & express. Extravag. dear judicat c. intellecto. l. 2 & passim c. de interdict Com●er, alien. for albeit it were not at all, yet it appears by the law of Nations, that Kings are not subverters, but Moderators of the Republic, that they cannot change the right of the Commonwealth by their pactions; that they are Lords only when they take care of their Pupils, that they are to be accounted no other than Guardians; and that he is not to be esteemed a Lord, who spoils the City with liberty, and selleth it like a slave. Not finally, that certain Kingdoms are gained by Kings themselves, for they acquired not Kingdoms by their own, but by public hands, forces, treasures; now nothing is more consonant to reason, then that those things which are gotten by the public riches, and common dangers of the Citizens, should not be alienated without common consent, which holds place even amongst Thiefs themselves; he destroyeth humane society, who doth the contrary: Therefore though the French have by force seized on the Germane Empire, and they also on the Realm of France, yet the same law holds in both. In sum, at last we ought to determine, that Kings are not Proprietors, nor Fructuaries, but only Administratours; and since it is so, that verily they can much less attribute to themselves the propriety and profits of every man's private Estate, or of the public wealth which belongeth to every Town. Thus and much more this acute learned Lawyer, to the conviction and refutation of all opposite Ignoramusses in this case of grand concernment, which will put a period to our unhappy controversies concerning the Militia, ( * Part. 2. p. 1. to 41. formerly discussed) without further debate. Observe. 8. Eighthly, That Emperors and Kings are most solemnly obliged by a Covenant and Oath, usually made to, and before all the people at their Coronations, to preserve their people's laws, liberties, lives, estates; by breach whereof in a wilful excessive manner, they become perjured Tyrants, and the people and Magistrates are in some sort thereby absolved from their Allegiance, and all obedience to them. This is evidently and plentifully confirmed by the q Part. 1. p. 51. to ●8. forecited Coronation Oaths, and Covenants of our own English Kings to their subjects, by De Jure Magistratus in Subditos, quaest. 10. p. 321. 322. and quaest 6. p. 260. to 300. Andrew Favine his Theatre of Honour, lib. 2. c. 11. 24. Francisci Hotomani Francogallia, cap. 6. 10. etc. Hugo Grotius de Jure Belli & Pacis, l. 2. c. 13. 14. Pontificale Romanum, Romae 1611. fol. 162, 163. Descripti● Coronationis Maximiliani Imperatoris, Anno 1486. inter reruns German Scriptores, Tom. 3. p. 32. Olaus Magnus de Gent. Septentrionalibus Hist. l. 14. c. 6. Laur. Bochellus decreta Ecclesiae Gallicanae, l. 5. Tit. 2. c. 1. p. 703. M. John Seldens Titles of Honour, part. 1. ch. 8. sect. 5. p. 198. 214. 225. 226. (where the Coronation, Oaths of the Emperor, French King, of all the Northern Kings, and of most Elective and Successive Kings and Queens to their Subjects, are at large recorded:) Alhusius Polit. c. 4. Justus Eccardus de Lege Regia; Thomas Aquinas de Reg. Principis, c. 6. & 2. qu. 2●. 12. art. 2. john Ponet Bishop of Winchester in his Political Government. Arnisaeus de Authoritate Principum, p. 50. to 123. Sparsim. Vasquius contro. Illustr. passim. joannis Mariana de Rege & Regis Instit. l. 1. c. 6. 7. 9 Georg. Buchanon de jure Regni apud Scotos. Simancha Pacensis de Catholica. Instit. Tit. 23. n. 11 p. 98. Franciscus Tolletus in summa l. 5 c. 6 Huldericus Zuinglius; Explan. Artic. 40. 41. 42. And, to omit all others, junius Brutus in his Vindiciae contra Tyrannos, quaest. 3. p. 156. to 167. with whose words I shall fortify and irradiate this position: We have said, that in constituting a King a double Covenant is entered into; the first between God, the King and people, of which before; the second, between the king and the people, of which we are now to treat. Saul being ordained king, the royal law was delivered to him, Deut 17. 1 Sa. ●0. 25. 2 Sam. ●. 3. 1 Chron. 11. 3. 2 King. 11. 17. & 12. 2 Chron. 23. 3. 2 King. 23. 3. according to which he should rule. David made a Covenant before the Lord in Hebron; that is, call God to Witness, with all the Elders of Israel, who represented all the people, and then at last he was anointed king. joas also made a Covenant with all the people of the land in the house of the Lord, jehoiada the high Priest going before them in words: Yea, the testimony is said to be imposed on him together with the Crown; which most interpret the Law of God, which every where is called by that name. Likewise josiah promised, that he would observe the Precepts, Testimonies and Statutes comprised in the book of the Covenant; by which names we understand the Laws which appertained as well to piety as to justice. In all which places of Scripture, a Covenant is said to be made with all the people, the whole multitude, all the Elders, all them ●n of judah; that we may understand, which is likewise severally expressed, not only the Princes of the Tribes, but likewise all the Chi●arkes, Centurions, and inferior Magistrates were present, in the Name of the Cities, which every one a part by themselves made a Covenant with the king. In that Covenant they consulted of creating the king, for the people did make the king, not the king the people. Therefore there is no doubt, but the people made the Covenant, and the King promised to perform it. Now the part of him that makes the Covenant is reputed the ●etter Law: The people demanded of the King, whether he would not rule justly and according to the Laws? He promised that he would do so: whereupon the people answered, That he reigning justly, they would faithfully obey him. Therefore the King promised absolutely; the people, but upon condition; which if it were not fulfilled, the people by the Law itself should be reputed absolved from all obligation. In the first covenant or Pact, Piety comes into the obligation, in the second, justice: In that, the king promiseth, that he will seriously obey God; in this, that he will justly rule the people▪ in that, that he will take care of the glory of God; in this, of the benefit of the people; in that there is this condition, If thou shalt observe my Law; in this, If thou shalt render justice to every one: Of that, if it be not fulfilled, God properly is the avenger; of this, lawfully all the people, or the Peers of the Realm, who have taken upon them to defend all the people. Xenoph. lib Pa. Now in all just Empires, this hath been perpetually observed. The Persians having duly finished their sacrifices, made this agreement with Cyrus, Thou first. O Cyrus, if any make war with the Persians or violate the Laws, dost thou promise to aid thy Country with all thy might? And as soon as he had promised. We Persians, say they, will be aiding to thee, if any will not obey thee, defending thy Country: Xenophon. de Repub. Lacedaem. Xenophon calls this agreement 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, a Confederation, as Socrates an Oration of the duty of Subjects towards their Prince 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: Between the kings of Sparta and the Ephori, a Covenant was renewed every month; and as the kings did swear, Dionys. Hallicar. lib. 1. That they would reign according to the Laws of the Country; so the Ephori, If they did so, that they would establish the Kingdom in their hand. Likewise in the kingdom of the Romans, Romulus made this contract with the Senate and people, That the People should make Laws, that the king himself would keep the Laws made; That the People should decree War, himself wage it. And although many Emperors obtained the Empire of the Romans rather by force and ambition, then by any right, and by the Royal Law, as they call it, arrogated all kinds of power to themselves; yet the* See Ec●ardus de Lege Regia & M●rius Salamonius de Principatu l. 6. where this Law is recorded. fragments of that Law, which are extant as well in Books as in Roman inscriptions, sufficiently teach; that a power was granted them, of caring for and administering, not of subverting the Common-weal and oppressing it by tyranny. Moreover, even good Emperors professed, that they were bound by the Laws, and acknowledged their Empire received from the Senate, and referred all the weightiest affairs to the Senate, and they judged it unlawful to determine any thing of great public concernment without their advice. But if we behold the present Empires, there is not one of them which may be thought worthy of that name, wherein there is not some such Covenant intervening between the Prince and Subjects. In the Germane Empire, not long since, the King of Romans being to be crowned Emperor, was wont To make Fealty and Homage to the Empire, no otherwise then a vassal (or tenant) to his Lord, when he received investiture of his Lands. And although the conceived words, to which he swore, Speculum Sa●on, l. 1. art. 54. See Descript. Coronations Maximiliani Imper An. 1486. in Rerum Germ. scrip. Tom. 3 p. 32. be a little changed by Popes, yet the same thing remains perpetually. Therefore we know that Charles the 5. of Austria was created Emperor upon certain Laws and conditions, as likewise others, who have succeeded him; of which the sum was; That he would keep the Laws enacted; That he would make no new Laws, without the Electors consents; that he would determine public affairs in a public Counsel; that he would alienate or pervert none of these things which pertained to the Empire; with other things which are severally recited by Historiagraphers: And when as the Emperor is crowned at Achen, the Archbishop of Colen first demands of him; Sleidan, l. 1. c. 2. Whether he will not defend the Church, administer justice, preserve the Empire,, protect Widows, Orphans, and all worthy of pity? which when he hath solemnly sworn to perform before the Altar, the Princes and those who represent the Empire, are demanded, whether they will promise to fealty him? Neither yet is he first anointed, or receives a sword, (of purpose to defend the Republic) or other Ensigns of the Empire, before that he shall have taken that Oath. From whence verily it is manifest, that the Emperor is purely obliged, the Princes of the Empire upon condition only. s See Pontifical. Romanum Romae 1611. f. 161. 162. Mr. Seldens Titles of Hon. par. 1. c. 8. p. 196. to 206. No man will doubt but that the same is observed in the kingdom of Poland, who shall understand the ceremonies very lately observed in the Election and Coronation of Henry of Angiers: especially, the condition propounded to him of conserving both Religions, as well the Evangelicall as Roman, which the Nobles thrice demanding of him in set form of words, he thrice promised to perform. In the Hungarian, Bohemian, and other kingdoms, which would be overlong to recite, the very same is done. Neither only, where the right of Election hath continued yet entire hitherto, but likewise where mere succession is commonly thought to take place, the very same stipulation is wont to intervene. When the t See Bochellus Decreta Eccles. Gallicanae l. 55 tit. 2 c. 1. & Mr. Seldens Titles of Hon. par. 1. ch 8. p. ●41. to 256. King of France is crowned, the Bishops of Laudune and Belvace ecclesiastical Peers, first demand of all the people that are present, Whether they desire and command him to be King? Whence even in the very form itself of inauguration, he is said To be elected by the People. When the people Seem to have consented, he swears: That he will universally defend all the Laws, Privileges, and Rights of France, that he will not alienate his demesnes, and the like (I shall here insert the Oath out of Bochellus, Mr. Selden, and others entirely, thus: Archiepiscopi Ammonitio ad Regem dicendo ita (in the name of all the Clergy.) A vobis perdonari petimus, ut unicuique de Nobis & Ecclesiis nobis Commissis, Canonicum privilegium, & debitam legem atque justitiam conservatis, & defensionem exhibeatis, sicut Rex in Regno suo debet unicuique Episcopo, & Ecclesiae sibi Commissae. Responsio Regis ad Episcopos. Promitto vobis & perdono, quia unicuique de vobis & Ecclesiis vobis commissis Canonicum privilegium, & debitam legem atque justitiam conservabo, & defensionem quantum potuero exhibebo, Domino adjuanente, sicut Rex in suo Regno unicuique Episcopo & ecclesiae sibi commissae per rectum exhibere debet. Item, haec dicit Rex, & promittit & firmat juramento. Haec populo Christiano & mihi subdito, in Christi nomine, promitto: In primis, Vt Ecclesiae Dei, omnis Populus Christianus veram pacem nostro arbitrio in omni tempore servet; & superioritatem, jura, & Nobilitates Coronae Franciae inviolabiliter custodiam, ET ILLA NEC TRANSPORTABO NEC ALIENABO. Item, ut omnes repacitates & omnes iniquitates omnibus gradibus interdicam. Item, ut in omnibus judiciis aequitatem & misericordiam praeoipiam, ut mihi & vobis indulgeat per suam misericordiam clemens & misericors Dominus. Item, de terra mea ac jurisdictione mihi subdita universos Haereticos Ecclesia denotatos, pro viribus bona fide exterminare studebo. Haec omnia praedicta firmo juramento. Tum manum apponat Libro & librum osculetur) These things, though they have been altered, and are far different from the ancient form of the Oath which is extant in the Library of the Chapter of Belvace, to which Philip the first is found to have sworn; yet notwithstanding they are plainly enough expressed: Neither is the King girt with a sword, anointed, crowned by the Peers (who even themselves are adorned with Coronets) or receives the Sceptre or rod of justice, or is proclaimed King, See Hot●mani Franco-Gallia c. 6. 7. 10. before THE PEOPLE HAVE COMMANDED IT; Neither do the Peers themselves swear fealty and homage to him, until he shall have given his faith unto them, That he will exactly keep the Laws: Now those are, that he shall no● w●ste the public Patrimony: that he shall not impose nor enjoin customs, Taxes, Tributes at his own pleasure, Nor denounce war, or make peace; Finally, that he shall determine nothing concerning the public affairs, but in a public Council: Also, that the Senate, the Parliaments, the Officers of the Kingdom shall constantly enjoy their several authorities; and other things which have been always observed in the Realm of France. Yea verily, when he enters into any Province or City, he is bound to confirm their privileges, and he binds himself by Oath to preserve their Laws and Customs: Which custom takes place by name among those of Tholouse Dolphenie, Britanny, Province and Rochel; whose agreements with Kings are most express; all which should be frustrate, unless they should be thought to hold the place of a condition in the contract. * De jure Magist. in Subditos, 290, 291, 292. See the French Hist. in his life. Yea Charles the 7. made a peace with Philip Duke of Burgundy (whose Father john he had treacherously slain) with this express clause contained in it, (*) Bodin Com. ma●w. l. ●. c. ●. p. 632. 633. confirmed with the Kings own Seal; That if he should break this Agreement, his Tenants, feudataries, and subjects present and to come, should not be thenceforth bound either to obey or serve him, but rather the Duke of Burgundy and his Successors, and that they should be freed and absolved from all the fealty, Oaths, promises, obligations and duties whatsoever, under which they were unjustly obliged by Charles. The like we read between King Lewis and Charles the Bald. Yea, Pope john the 22. in the Treaty between Philip the long of France, and the Flemings, caused it to be set down, That if the King did infringe the Treaty, it might be lawful for his Subjects to take Arms against him; And if was usual among the first Kings of France in their Treatises with other Princes, In Annal. Burg. to swear, that if they broke the Treaties made by them, their Subjects shall be free from their obedience, as in the Treaty of Arras and others. The Oath of the ancient kings of Burgundy is extant in these words, I will conserve Law, justice, and protection to all men. In England, Scotland, Sweden, Donmarke, there is almost the same custom as in France, and verily no where more directly then in Spain. For in the Kingdom of Arragon, many ceremonies being dispatched between him who represents the justice of Arragon, or public Majesty, who sits in an higher Throne, and having read the Laws and conditions, which he is to observe who is to be crowned King. Who doth fealty and homage to him, the Nobles at last speak thus to the King in their own language; We, who are as powerful as you (for so the Spanish Idiom imports) and can do more than you, have chosen you King upon these and these conditions, Between you and us there reigns one greater than you; (to wit, the justice of A●ragon.) Now lest he should think he had sworn those things only perfunctorily, or only for to observe the old custom, these very words are wont to be repeated every third year in the public Assembly: But if he shall grow insolent trusting to his Royal power, shall violate the public Laws, finally, shall neglect the Oath he hath taken; then verily by the Law itself, he is deemed excommunicated with that grandest excommunication (or Anathema) wherewith the Church in former times excommunicated julian the Apostate; whose force truly is such; that no more prayers may be conceived for him, but against him; and they themselves are clearly absolved from their Oath and Obligation by that Law, whereby a vassal out of duty ought not to obey an excommunicated Lord, neither is bound to do it by his Oath; In Council Tol. 4. c. 7. & Tol. 6. l. 2 feud. tit. 28. par. 1. which is ratified among them by the Decree both of a Council, and of a Parliament or public Assembly. Likewise in the kingdom of Castle an Assembly being summoned, the King that is to be crowned, is first publicly admonished of his duty; after which, most express conditions are read, which pertain to the profit of the Republic: Then the King swears, that he will diligently and faithfully observe them; then at last the great Master of the Knights b●nds himself to him by Oath, whom the other Princes and Deputies of Cities afterwards follow every one in his order; La ioyeuse en●●r. which also is in like manner observed in Portugal, Le●n, and the other kingdoms of Spain. Neither verily, were lesser principalities instituted by any other Law. There are extant most express agreements of the Brabanders, of the other people of Belgia, Austria, Carintha, and other provinces, made with their princes, which verily have the place of conditions; But the Brahanders expressly, that place might not be left to any ambiguity, have expressed this condition. For in inaugurating their Duke, in ancient conventions, wherein there is almost nothing wanting for the preservation of the Republic, they being all read over before the Duke, Ludovic. Guic. they protest openly and plainly to him, that unless he shall observe them all, That it shall be free for them to choose another Duke at their pleasure: Which conditions he embracing and willingly acknowledging, he than binds himself by Oath to observe them, which was also observed in the inauguration of Philip the last King of Spain. In sum, no man can deny, but that there is a mutual binding contract between the King and subjects, to wit, That he reigning well, shall be well obeyed: Which verily is wont to be confirmed with an Oath by the King first●, afterwards by the people. Now verily I demand here, why any man should swear, but that he may show that he speaks from his heart and seriously? whether truly is there any thing more agreeable to nature, then that those things which have pleased us, L. 1. D de pact. l. non minorem. 20 D de transact. should be observed? Moreover, why doth the King swear first, at the people's stipulation or request, but that he may receive either a tacit or express condition? But why is a condition annexed to a contract, but only to this end, that if it be not fulfilled, the contract should become void in Law itself? But if through default of performing the condition, the contract be void in Law itself, who may call the people perjured, who shall deny obedience to a King, neglecting that condition which he might and ought to fulfil & violating that law to which he hath sworn? Yea, who on the contrary would not account the King saedifragous', Lib. 2. feudor. 2. 26. § 4. a. tit. 47. perjurious & altogether unworthy of that benefit? For if the Law freeth the Vassal from the bond of his Tenure, against whom the Lord hath committed felony or perjury, although the Lord truly doth not properly give his faith to his Vassal, but his Vassal to him: if the Law of the twelve Tables commands a Patron who defrauded his Client to be detestable: if the civil laws permit a villain enfranchised an action against the outrageous injury of his Lord; if in these cases they free a servant himself from his Master's power, whereas yet there is only a natural not civil obligation therein, (I shall add out of * Dionys. Hal. l. 2 pag. 303. 304. Dejure Magistratus in subditos. ●f in Matrimony, which is the nearest and strictest obligation of all other between men, wherein God himself intervenes as the chief Author of the contract, 1 Cor 7. 15. and by which those who were two are made one flesh, if the one party forsakes the other, the Apostle pronounceth the party forsaked to be free from all obligation, because the party deserting violates the chief condition of marriage, etc.) Shall not the people be much more absolved from their Allegiance which they have made to the King, if the King, who first solemnly swears to them, as a Steward to his Lord, shall break his faith? Yea verily whether if not these Rights, not these Solemnities, not these Sacraments or Oaths should intervene, doth not nature itself sufficiently teach, that Kings are constituted by the people, upon this condition, that they should reign well? judges, that they shall pronounce Law? Captains of war, that they should lead an Army against enemies? But and if so be they rage, offer injury, so as themselves are made enemies, as they are no Kings, Cic. 1. Offic●▪ so neither ought they to be acknowledged by the people. What if thou shalt say, that some people subdued by force, the Prince hath compelled to swear to his commands? What, say I, if a Thief, a Pirate, a Tyrant, with whom no society of Law or Right is thought to be, should with a drawn sword violently extort a deed from any one? Is it not known, that fealty extorted by force bindeth not, especially if any thing be promised against good manners, against the law of nature? Now what is more repugnant to nature, then that a people should lay chains and fetters upon themselves, then that they should lay their own throats to the sword? then that they should lay violent hands upon themselves? (or which is verily the same thing) promise it to the Prince? Therefore there is a mutual obligation between the King and people, which whether it be only civil or natural, tacit, or in express words, can be taken away by no agreements violated by no Law, re●●●nded by no force: Whose force only is so great, that the Prince who shall contemptuously break it, may be truly called a Tyrant, the people who shall willingly infringe, it seditious: So this grand acute Lawyer determines. I shall close up this with the unanimous resolutions and notable decree of the United netherlands Provinces. Anno Dom. 1581. declaring Philip King of Spain to be fallen from the Signiory of the Netherlands for his Tyranny and breach of Oath, which is thus recited by Grimstone, and recorded in his general History of the Netherlands, page 658, to 667. In the alterations which happen sometimes in an Estate betwixt the Sovereign Prince and a people that is free and privileged, there are ordinarily two points, which make them to aim at two divers ends: The one is, when as the Prince seeks to have a full subjection and obedience of the people, and the people chose require, that the Prince should maintain them in their freedoms and liberties, which he hath promised and sworn solemnly unto them, before his reception to the principality. Thereupon quarrels grow: the Prince will hold a hard hand, and will seek by force to be obeyed; and the subjects rising against the Prince, oftentimes with dangerous tumults, rejecting his authority, seek to embrace their full liberty. In these first motions there happen sometimes conferences, at the instance of neighbours, who may have interest therein, to quench this fire of division betwixt the Prince and his subjects. And then if any one of the parties groweth obstinate, and will not yield, although he seem to be most in fault, it followeth of necessity, that they must come to more violent remedies, that is to say, to arms. The power of the Prince is great, when thee is supported by other Princes, which join with him for the consequence of the example, else it is but small: but that of the people (which is the body, whereof the Prince is the head) stirred up by conscience (especially if the question of Religion be touched) the members ordained for their function, doing jointly their duties, is far greater. Thereupon they wound, they kill, they burn, they ruin, and grow desperately mad: but what is the event? God (who is an enemy to all tyranny and disobedience) judgeth quarrels, weigheth them in his balance of justice, helping the rightful cause, and either causeth the Prince for his rigour and tyranny to be chased away, and deprived of his estate and principality; or the people for their contempt and rebellion are punished and reduced unto reason; which causeth the alterations to cease, and procureth a peace: whereof we could produce many examples, both ancient and modern, if the relation of this history did not furnish us sufficiently. So the general Estates of the united Provinces, See Meteranus 〈…〉. l. 11. seeing that King Philip would not in any fort (through his wilfulness) yield unto their humble suit and petitions; and notwithstanding all the offers they could make to purchase a good, firm, and an assured, peace, (notwithstanding all the intercessions both of the Emperor, the French King, the Queen of England, and other great Princes and Potentates of Christendom) yet would he not give ear to any other reason, but what himself did propound: the which the said Estates did not only find unjust and unreasonable, directly repugnant to their liberties, constitutions, and freedoms of the Country; but also contrary to their consciences, and as it were so many snares laid to catch them, which were in no sort to be allowed of, nor received, considering the quality of their affairs and his, according to the time. In the end, rejecting all fear of his power and threats, seeing they were forced to enter into all courses of extremity against a Prince, which held himself so heinously offended, as no reconciliation could be expected, relying upon the justice and equity of the cause, and sincerity of their consciences (which are two brazen bulwarks) they were fully resolved (without dissembling) to take the matter thus advanced in hand, and opposing force against force, means against means, and practices against practices, to declare him quite fallen from the Signiory, pre-eminence, and authority, which before the troubles, the breach of their privileges, rights, freedoms, and immunities, so often and so solemnly sworn by him, and dispensation of his Oaths, he had or was wont to have in the said Provinces respectively. Whereof they made open declaration by a public Edict, the tenor whereof followeth. The General Estates of the untited Provinces of the Netherlands, The Edict of the general Estates declaring the King of Spain to be fallen from the Seignory of the Netherlands. to all those that these presents shall see, read, or hear, greeting As it is well known unto all men, that a Prince and Lord of a Country is ordained by God, to be Sovereign and head over his subjects, and to preseveve and defend them from all injuries, force, violence, even as a shepherd for the defence of his sheep, and that the subjects are not created by God for the Prince, to obey him in all he shall command, be it with God, or against him, reasonable or unreasonable, nor to serve him as slaves and bondmen; but rather the Prince is ordained for his subjects (without the which he cannot be a Prince) to govern them according unto equity and reason, See Meteranus and others. to take care for them, and to love them even as a father doth his children, or a shepherd his sheep, who putteth both his body and life in danger, to defend and preserve them. If the Prince therefore faileth herein, and in stead of preserving his subjects, doth outrage and oppress them, depriving them of their privileges and ancient customs, commandeth and will be served of them as of slaves, they are no longer bound to respect him as their Soveragn Prince and Lord, but to esteem of him as a Tyrant; neither are the subjects (according unto Law and season) bound to acknowledge him for their Prince; Note. so as without any offence, being done with deliberation and the authority of the Estates of the Country, they may freely abandon him, and in his place choose another for their Prince and Lord, to defend them: especially, when as the subjects by humble suit, entreaty, and admonitions, could never mollify their Prince's heart, nor divert him from his enterprises an tyrannous designs: so as they have no other means left them to preserve their ancient liberty, their wives, children and posterity, for the which (according to the laws of nature) they are bound to expose both life and good; as for the like occasions, we have seen it to fall out often in divers Countries, whereof the examples are yet fresh in memory. The which ought especially to be of force in these Countries, the which have always been and aught to be governed, according unto the oath taken by their Princes, when they receive them, conformable to their privileges and ancient customs, having no power to infringe them: besides that, most part of the said Provices have always received and admitted their Princes and Lords upon certain conditions, and by sworn contracts; the which if the Prince shall violate, he is by right fallen from the rule and superiority of the Country. So it is, that the King of Spain (after the decease of the Emperor Charles the fifth, his father of famous memory, from whom all these Countries were transported unto him) forgetting the services, which as well his father as himself had received of these Countries, and the inhabitants thereof, by the which especially the King of Spain had obtained such glorious and memorable victories against his enemies, as his name and power was renowned and feared throughout all the world; forgetting also the admonitions which his said Imperial Majesty had heretofore given him: and chose, hath given ear, belief, and credit unto them of the Council of Spain which were about him; the said Council having conceived a secret hatred against these Countries and their Liberties (for that it was not lawful for them to command there, and to govern them, or to merit among them the chief places and offices, as they do in the Realm of Naples, Sicily, Milan, at the Indies, and in other Countries which are subject to the King's command, being also moved thereunto by the riches of the said Countries, well known to the most of them:) the said council, or some of the chief of them, have oftentimes given the King to understand, That for his Majesty's reputation and greater authority, it were better to conquer the Netherlands anew, and then to command absolutely at his pleasure, than to govern them under such conditions, which he at his reception to the Seignory of the said Countries had sworn to observe. The King of Spain following this counsel, hath sought all means to reduce these countries (spoiling them of their ancient Liberties) into servitude, under the government of Spaniards: having under pretext of Religion sought first to thrust in new Bishops into the chief and greatest Towns, indowing them with the richest Abbeys, adding to every Bishop nine Canons to serve him as Councillors, whereof three should have a special charge of the Inquisition. By which incorporation of the said Bishops, being his creatures, and at his devotion (the which should happily have been chosen as well of strangers, as of them which were born in the Country) they should have the first place and the first voice in the assemblies of the Estates of the Country. And by the adiunction of the said Canons, had brought in the Inquisition of Spain, the which had also been so abhorred, and so odious in these Countries, even as slavery itself, as all the world doth well know: So as his Imperial Majesty having once propounded it unto these Countries, upon due information given unto His Majesty, ceased from any more speech thereof, showing therein the great affection which he bore unto His Subjects. Yet notwithstanding divers Declarations which were made unto the King of Spain, as well by the Provinces and Towns in particular, as by some other of the chief Noblemen of the Country, namely, by the Baron of Montigny, and afterwards by the Earl of Egmont, who by the consent of the Duchess of Parma (than Regent of the said Countries) by the advice of the Council of Estate, and of the Generalty, had to that end been successively sent into Spain: And notwithstanding that the king had by his own mouth given them hope, that (according to their petitions) he would provide for the contentment of the Country; yet that he had since by his letters done the contrary, commanding expressly, and upon pain of his indignation, to receive the new Bishops presently, and to put them in possession of their new Bishoprics and incorporated Abbeys, to effect the Inquisition, where they had begun to practise it, and to observe the Decrees and Canons of the Council of Trent, the which in divers points do contradict the privileges of the Country. The which being come to the knowledge of the Commons, hath given just occasion of so great an alteration among them, and greatly diminished the love and affection, the which (as good subjects) they had always borne unto the King, and to his predecessors. For they called chiefly into consideration, that the King not only pretended to tyrannize over their persons and goods, but also upon their consciences, whereon they held themselves not to be answerable, nor bound to give account to any one but to God only. For this cause, and for the pity they had of the poor people, the chief of the Nobility did in the year 1566. exhibit certain admonitions by way of a Petition, beseeching him, that for the pacifying of the Commons, and to avoid all tumults and seditions, it would please his Majesty, (showing the love and affection, which as a mild and merciful Prince he bore unto his Subjects) to moderate the said points, and especially those which concerned the rigorous Inquisition, and punishments for matters of Religion. And to inform the King more particularly thereof, and with more authority, and to let him understand, how necessary it was for the good and prosperity of the Country, and for the maintenance of peace and tranquillity, to abolish and disannul those innovations, and to moderate the rigour of public Edicts, for matter of Religion; the said marquis of Berges and Baron of Montigny, at the request of the said Lady Regent, the Council of Estate, and the General Estates of all the Countries, went into Spain as Ambassadors: whereas the King, instead of giving them audience, and to prevent the inconveniences delivered by them, (the which, for that they were not redressed in time, as urgent necessity required, began in effect to discover themselves throughout the whole Country) by the persuasion and advice of the Council of Spain, he hath caused all them to be proclaimed Rebels, and guilty of high Treason, and to have forfeited body and goods, that presented the said Petition. And moreover (thinking himself to be fully assured of the Country, by the Forces of the Duke of Alva, and to have reduced them under his full power and subjection) he had afterwards, against the Laws of Nations, (the which have been in all ages inviolably observed, yea among the most barbarous and cruel Nations, and most tyrannous Princes) imprisoned, and caused the said Noblemen Ambassadors to be put to death, confiscating all their goods. And although that all this alteration (which had happened in the year 1566. upon the foresaid occasion) was in a manner pacified by the Regent and her council, and that the greatest part of them which had presented themselves unto her for the Liberty of the Country, were retired, or chased away, and the rest brought under obedience: yet not to lose the opportunity which the Council of Spain had long expected (as it appeared plainly the same year 1566. by Letters intercepted, which were written by the Ambassador Alana to the Duchess of Parma) to have means under some pretext to overthrow all the privileges of the Country, and to govern them tyrannously by the Spaniards (as they did the Indies and other Countries which had been newly conquered by them) he by the advice and council of the said Spaniards (showing therein the small affection which he bore unto his Subjects of these countries, contrary unto that whereunto he was bound, as their Prince, protector and good Shepherd) sent into these countries the Duke of Alva, very famous for his rigour and cruelty, and one of the chief enemies of these countries, with a council of the same Humour and disposition. And although that the said Duke of Alva entered with his Army into this country, without any let or opposition, and was received of the poor Inhabitants with all reverence and Honour, expecting all mildness and clemency, according unto that which the King had so often promised by His Letters feignedly written; yea, that He was resolved to come himself in person into the Country, and to order all things to every man's content; the said King having besides all this (at the very instant of the Duke of Alva his departure) caused a fleet of ships to be armed in Spain, to bring him hither, and another in Zeeland to go and meet him (as the bruit was) to the great charge of the Country, the better to abuse his poor subjects, and to draw them more easily into his snares: notwithstanding, the said Duke of Alva presently after his arrival (although he were a stranger, and not any way of the blood Royal) gave it out, that he had a Commission from the King, of Governor General of the Country, the which was quite contrary to the privileges and ancient Customs thereof: and discovering his designs plainly, he suddenly put garrisons into the chief Towns and Forts of the Country, and then he built Citadels in the richest and strongest Towns, to keep them in subjection. And by commandment from the King (as they said) he friendly called unto him, as well by letters, or otherwise, the chief Noblemen of the Country, pretending, that he had need of their council and assistance, for the service of the King, and the good of the Country: who (having given credit to letters) were come unto him, whom, contrary to the privileges, he caused to be carried prisoners out of Brabant, where they had been apprehended, causing their process to be informed before him and his Council (although they were no competent judges;) and before any due proofs were made, and the Noblemen that were accused, fully heard in their defences, they were condemned to have committed Rebellion, causing them to be publicly and ignomiously put to death. Others, who for that they were better acquainted with the Spaniards dissembling, were retired and kept out of the Country, were declared Rebels, and guilty of high treason, and to have forfeited bodies and goods: All which was done, to the end the poor inhabitants should not aid themselves in the just defence of their liberty, against the oppression of the Spaniards and their forces, by the help and assistance of these Noblemen, and Princes. Besides, an infinite of Gentlemen and rich burghers, whereof some he hath put to death, others he had chased away and forfeited their goods, oppressing the rest of the good inhabitants, as well by the insolence of the soldiers, as by other outrages in their wives, children, and goods; as also by divers exactions and taxes, forcing them to contribute for the building of new Citadels and fortifications of towns, which he made to oppress them, and also to pay the hundreth and twintieth penny, for the payment of soldiers, whereof some were brought by him, and others newly levied, to employ them against their Countrymen, and themselves, who with the hazard of their lives sought to defend the liberties of their Country: to the end that the subjects being thus impoverished, there should be no means to frustrate his designs, for the better effecting of the instructions which had been given in Spain: which was, to use the Country as new conquered. To which end, in some places and chief Towns, he changed their form of government, and of justice, and erected new Consuls after the Spanish manner, directly contrary to to the privileges of the Country. And in the end (thinking himself free from all fear) he sought to bring in by force a certain imposition of the tenth penny, upon all merchandise and handi-works, to the absolute ruin of the Commons, whose good and prosperity consists chiefly in traffic and handi-works; notwithstanding many admonitions and persuasions made to the contrary, as well by every one of the Provinces in particular, as by all in general. The which he had effected by force, if it had not been that soon after by the means of the Prince of Orange, (and a good number of Gentlemen, and others borne in these Countries) banished by the Duke of Alva, following the party of the said Prince, and being for most part in service, and other inhabitants affected to the liberty of their Country, the Provinces of Holland and Zeeland had not revolted, and put themselves under the Prince's protection. Against which two Provinces the Duke hath since during his Government, and after him the great Commander of Castille (sent in his place by the King, not to moderate any thing of his Predecessors Tyranny, but to pursue it more covertly and cunningly than he had done) force those said Provinces, who by their Garrisons and Citadels, were made subject to the Spanish Yoke, to employ their persons and means to help to subdue them: yet no ways easing the said Provinces, but entreating them like enemies, suffering the Spaniards under the colour of a mutiny, in view of the said Commander, to enter by force into the Town of antwerp, and there to continue six weeks, living at discretion at the poor Burghers charge; sorcing them moreover (to be freed from their insolences) to furnish four hundred thousand florins, to pay the said Spaniards: which done, the said Soldiers (growing more bold through the sufferance of their Commanders) presumed to take Arms against the Country, seeking first to surprise Brussels, and in the place of the ancient and ordinary seat of Princes, to make it a nest and den of thiefs. The which not succeeding according to their design, they took A lost by force, and soon after forced the Town of Maestricht. And since being violently entered into antwerp, they spoiled it, sacked it, and wasted it with fire and sword, in such sort, as the most barbarous and cruel enemies could not have done more, to the unspeakable loss, not only of the poor inhabitants, but in a manner of all the Nations of the world, who had their Merchandise, debts, and money there. And although the said Spaniards by a Decree of the Council of Estate (to whom the King by the death of the great Commander, had conferred the general Government of the Country) were in the presence of jeronimo de Rhoda, proclaimed enemies to the Country: yet the said Rhoda of his own private authority (or as it is to be presumed, by virtue of some secret instruction which he had from Spain) took upon him to be the head of the said Spaniards, and their adherents, so as without respect of the Council of Estate, he usurped the king's Name and Authority, counterfeited his Seal, and carried himself as a Governor, and the King's Lieutenant in the Countries. The which moved the Estates at the same instant to agree with the Prince of Orange, and the Estates of Holland and Zeeland: which accord was allowed by the Council of State (as lawful Governors) that they might jointly with their common forces, make war against the Spaniards: Omitting not as good subjects, but by divers humble petitions, to beseech the King to have regard unto the troubles, oppressions and insolences which had happened, and were like to follow: and that he would be pleased with all convenient speed possible, to command the Spaniards to depart out of the Country, and especially those which had been the cause of the sack and ruin of the chief Towns of the Country, and other innumerable insolences and violences which his poor subjects had endured, to the comfort and ease of them which had endured them, and to the example of others: yet notwithstanding; the King (although that he made show by words, that what had happened, displeased him, and was against his will, and that he had an intent to punish the heads and authors, and to provide for the quiet of the Country with all clemency, as it behoved a merciful Prince) hath not only neglected to punish the said Heads and Authors: but chose, (as it appeareth) all was with his consent and former resolution of the council of Spain, as certain letters of his, intercepted soon after, do plainly show: by the which it was written unto Rhoda, and to the other Captains, authors of all the mischief, That the King did not blame that action, but did allow thereof, and commend it, promising to recompense them, especially the said Rhoda, as having done him a singular service: The which, at his return into Spain, and to all other ministers of the oppressions that were used in these Countries, he did show by effect. At the same time, the King thinking the better to blind the eyes of his subjects, sent into these Countries for Governor General, Don john of Austria, his base brother, as being of his blood: who (making show unto the Estates, that he did allow of the Pacification of Gant, promised to send away the Spaniards, to punish the authors of all insolences and disorders which had happened in the Country, and to take an order for the general peace, and the restoring of their ancient liberties) sought to divide the Estates, and to subdue one Country after another. By the permission and providence of God, who is an enemy to all oppression, he was discovered by the intercepting of certain letters, where he was commanded by the King to govern himself in these Countries, according to the Instructions that should be given him by Rhoda: and to cover this practice, the King had forbidden Don john to speak with him, commanding him to carry himself unto the chief Noblemen with all mildness and courtesy, to win their loves, until that by their assistance and means, he might reduce Holland and Zeeland, and afterwards work his will of the other Provinces. Whereupon Don john, notwithstanding that he had solmnly sworn in the presence of all the Estates of the Country, to observe the said Pacification of Gant, yet contrary thereunto he sought by means of their Colonels (whom he had already at his devotion) and great promises, to win the German soldiers who were then in Garrison, and had the guard of the chief Towns and Forts of the Country, whereof by that means he made himself master, holding himself assured of those places they held, and so by that means to force them that would not join with him, to make war against the Prince of Orange, and them of Holland and Zeeland, and so to raise a more boody and intestine war, than had been before. But as all things that are treated cunningly and with dissimulation, cannot be long kept secret, Don john's practices being discovered, before he could effect what he had designed, he could not bring his conceptions and enterprises to the end that he pretended: Yet he revived a new war, the which continues unto this day, in stead of rest and an assured peace, whereof he did so much vaunt at his coming. Which reasons have given us great occasion to forsake the King of Spain, and to seek some other mighty and merciful Prince, to help to defend these Countries, and to take them into his protection: and the rather for that these Countries have endured such oppressions, received such wrongs, and have been forsaken and abandoned by their Prince for the space of twenty years and more; duduring the which the Inhabitants have been entreated not as subjects, but as enemies, their natural Prince and Lord seeking to ruin them by arms. Moreover, after the death of Don john, having sent the Baron of Selles, who (under colour propounding some means of an accord) declared sufficiently, That the king would not avow the Pacification made a Gant (which Don john notwithstanding had sworn to maintain) setting down more hard conditions. Yet for that we would discharge ourselves of our duties, we have not omitted to make humble suit by writing, employing moreover the favour of the greatest Princes of Christendom, seeking by all means without intermission, to reconcile ourselves unto the King; having also of late kept our deputies long at Cologne, hoping there (by the intercession of his imperial Majesty, and some Prince's Electors) to have obtained an assured peace, with some moderate toleration of Religion (the which doth chiefly concern God and men's consciences) as the estate of the affairs of the Country did then require: But in the end we found it by experience, that nothing was to be obtained from the King, by the Conference at Cologne: and that it was practised and did only serve to disunite and divide the Provinces, that they might with the more facility vanquish and subdue first one, and then another, and execute upon them their first designs. The which hath since plainly appeared, by a certain proscription, which the King hath caused to be published, whereby we and all the Inhabitants of the united Provinces, and Officers that hold their party, are proclaimed Rebels, and to have forfeited lives and goods: Promising moreover, a great sum of money to him that should murder the said Prince, and all to make the poor Inhabitants odious, to hinder their Navigation and Traffic, and to bring them into extreme despair. So as despairing of all means of reconciliation, and destitute of all other succours and aid we have according to the Law of nature (for the defence of us and other Inhabitants, the Rights, privileges, ancient customs, and liberty of the Country, and the lives and honours of us, our wives, children, and posterity, to the end they fall not into the slavery of the Spaniards, leaving upon just cause the King of Spain) been forced to seek out some other means, such as for the greater safety and preservation of our Rights, Privileges, and liberties, we have thought most fit and convenient. We therefore give all men to understand, That having duly considered all these things, and being pressed by extreme necessity, We have by a general resolution and consent, declared, and do declare by these presents, the King of Spain, ipso jure, to be fallen from the Seignory, Principality, jurisdiction, and inheritance of these Countries: And that we are resolved, never to acknowledge him any more, in any matter concerning the Prince, jurisdictions or demeans of these Netherlands, nor to use hereafter, neither yet to suffer any other to use his Name as Sovereign Lord thereof. According to the which we declare all Officers, private Noblemen, Vassals, and other inhabitants of these Countries, of what condition or quality soever, to be from henceforth discharged of the Oath which they have made in any manner whatsoever, unto the King of Spain, as Lord of these countries, or of that whereby they may be bound unto him. And for the abovenamed reasons, the most part of the said united Provinces, by a common accord and consent of their Members, have submitted themselves under the command & government of the high and mighty Prince, the Duke of Anjou and Alencon, etc. upon certain conditions contracted and accorded with his Highness: and that the Archduke of Austria, Mathias, hath resigned into our hands the government general of these Countries, the which hath been accepted by us. We enjoin and command all judges, Officers, and all others, to whom it shall appertain, That hereafter they forbear to use any more, the name, titles, great seal, or signet of the K. of Spain: and instead thereof, whilst that the Duke of Anjou, for his urgent affairs, concerning the good and welfare of the Country, shall be yet absent, for as much as shall concern the Provinces which have contracted with his Highness, and touching the rest by way of provision, they shall use the title and name of the chief and Counsel of the Country. And until that the said heads and Counsellors, shall be named, called, and really established in the exercise of their charges, and offices, they shall use our name, except Holland and Zeeland, where they shall use as they have formerly done, the name of the Prince of Orange, and of the Estates of the said Provinces, until that the said Council shall be in force, and then they shall govern themselves as it is agreed, touching the instructions given for the said Counsel, and the accords made with his Highness. And instead of the King's seals, they shall hereafter use our Great Seal, counter Seal, and Signet, in matters concerning the government general, for the which the Council of the Country, according to their instructions shall have authority. And in matters concerning the policy, administration of justice, and other private acts of every Province, the Provincial Counsels and others, shall respectively use the name and Seal of the said Province, where the matter shall be in question, and no other, upon pain of nullity of the said Letters, or Dispatches which shall be otherwise made or sealed. And to the end these things may be the better observed and effected, we have enjoined and commanded, and do enjoin and command by these presents, That all the King of Spain's Seals, which are at this present with these united Provinces, shall be delivered into the State's hands, or to him that shall have commission and authority from them, upon pain of arbitrary punishment. Moreover, We ordain and command, that from henceforth the names and arms of the King of Spain, shall not be put nor stamped in any coins of these united Provinces: but there shall be such a figure set upon them, as shall be appointed for the coining of new pieces of Gold and Silver. In the like sort we enjoin and command the precedent and Lords of the privy Council, and all other Chancellors, precedents, Provincial Consuls, and all Precedents and chief Masters of accounts, and others of all chambers of accounts, being respectively in these countries, and also all other judges, and Officers (as holding them discharged of the oath which they have made unto the King of Spain, according to the tenor of their Commissions) that they shall take a new oath in the hands of the Estates of the Province where they are, or to their Deputies, by the which they shall swear to be faithful to us against the King of Spain, and his adherents, according to the form set down by us: and there shall be given to the said Councillors, Masters of accounts, judges and Officers, remaining in the Provinces which have contracted with the Duke of Anjou, in our name, an act of continuance in their Offices, containing in stead of a new commission, a cessation or disannulling of their former, and that by way of provision, until his coming. And to Councillors, Masters of accounts, judges, and Officers, being resident in Provinces, which have not contracted with his Highness, a new Commission shall be given under our name and Seal, if the petitioners were not found faulty, to be of bad behaviour, to have done against the privileges of the Country, or to have committed some other disorder. We also command the Precedent and them of the privy Council, the Chancellor and Council of Brabant, the Governor, Chancellor, and Council of Gueldres, and the County of Zutphen, the Precedent and council in Flanders, the Precedent and council in Holland, the Governor, Precedent and Council in Friesland, the Precedent and Council at Vtricht, the Bailiff at Tournay and Tournesis, the Receivors or chief Officer of Beooster cheldt and Bewesterscheldt Zeeland, the scout of Macklyn, and all other judges and Officers whom it shall concern, their Lieutenants and every of them, presently without any delay, to publish this our Decree in all places of their jurisdictions, and wheresoever they are accustomed to make proclamations, to the end that no man may pretend any cause of ignorance: And that they may keep and observe, and cause to be kept and observed inviolably this our Decree, without any favour, support, or dissimulation; for we have so thought it fit and convenient for the good of the Country. For the effecting whereof, we give to every one whom it shall concern, full power and authority, and special Commission. In witness whereof, we have caused our seal to be hereunto annexed. Given at the Hage in our assembly the 26 of july 1581. Underneath was written, By the ordinance and decree of the said Estates, and signed I. Tan Asseliers. According unto this declaration of the Estates, there was a new form of an Oath drawn, in manner of an abjuration of the King of Spain, and promise of duty and obedience which every one should owe unto the said Estates, by the public Officers, and Magistrates of every Town and Province, as followeth. I swear, The form of the oath of abjuration of the King of Spain. That hereafter I shall not serve nor yield obedience to Philip King of Spain, nor acknowledge him for my Prince and Lord, whom I do renounce by these presents, and do hold myself freed from all Oaths, and bonds, by the which I might be formerly tied unto him: whereof finding myself presently delivered I swear a new and bind myself to the united Provinces, and namely, to them of Brabant, Gueldre, Holland, Zeeland, and their allies, and to the sovereign Magistrates that are appointed, to be faithful and loyal unto them, to yield them all obedience, aid, and comfort, with all my power and means, against the King of Spain and his adherents, and against all the enemies of the Country. Promising as a good vassal of the Country, to carry myself faithfully and loyally, with show of all obedience to my superiors; So help me the Almighty God. This decree being thus proclaimed, all the seals, counter-seals, and secret signets of the King of Spain, were broken and canceled with solemnity, by all the consuls of the said Provinces, and others new made, by order of the general Estates, for that which concerned the Government, and the affairs of the generality. And as for matters of justice and policy, they used the seals, names, and titles of private gogernours, and Provincial consuls. From that time there was no coins of gold, silver, or copper made with the name or titles of the King of Spain, but upon stamps which the Estates had caused to be made in every Povince. All governor's, superintendents, Precedents, Chancellors, Counsellors, and others Officers, were discharged and absolved from their precedent oaths, and did swear fidelity to the general Estates, against the King of Spain and his adherents, according to the form above mentioned, to whom an act was sent for the continuation of the Commissions. Ninthly, Observe. 9 it is evident from the premises; That if Emperors and Kings shall degenerate into Tyrants, violate their Oaths and Covenants made unto the people, invade their Laws, Liberties, persons with armed violence, and instead of protecting, make war upon them; that the Nobles, Magistrates, Estates, Parliaments and people in such cases, may without any guilt of Treason, Rebellion, Sedition, not only disobey, but Lawfully resist them with force of Arms, both in point of Law & conscience & are obliged under pain of treachery and perfidiousness to their Country, thus to resist; and in cases of incorrigibility for the public weal, and preservation, may justly if they see it necessary, depose them from their Royal Dignities as Enemies, or Traitors to their Kingdoms and people. * De jure Magistratus in subd●to. p. 2●3. ●●4 295. Hugo Grotius de 〈…〉 l. 1. c. 4 〈◊〉 p 85. The reason is, Because no Kingdom or Nation under Heaven, ever elected or voluntarily submitted themselves unto any Emperor or King whatsoever (for aught can be proved or imagined) but upon this tacit condition; that they should justly govern, defend and protect them for their good, not tyrannize over, pillage, murder, oppress, or make war upon them at their pleasures, contrary to the Laws of God, nature, nations; Nor yet actually obliged themselves under pain of Treason, Rebellion, death, or damnation, not forcilly to reobsist or deprive their Princes in any wise, though they with open violence should set themselves to subvert their Religion, Laws, Liberties, and Republic; to which unreasonable condition, no Natian certainty would have consented, had it been propounded to them by their Kings at first, as Grotius well observes. This point of greatest difficulty and concerment, I have largely debated and confirmed already, in the third part of this Discourse, where all contrary Objections against it, are refuted; Yet because it still seems a seditious unchristian Paradox to many Malignants and Royalists, I shall ratify it with such new Authorities, of all sorts, which may happily convince, if not convert them from their inveterate wilful error. My first Authority of this kind, is that passage of Sozomon (an ancient Ecclesiastical Historian) Eccles. Hist. l. 6. ch. 2. recited and approved by Nicephorus Callistus Eccles hist. l. 10. ch. 34. where he thus writes of the death of julian the Emperor (who turned both a Tyrant, Apostate, and Persecutor of the Christians) reputed to be slain by a Christian Soldier of his own Army, for his Tyranny and impiety. Whereas Libanius writes in this manner; He seems to say, that the slayer of julian the transgressor was a Christian, which peradventure was true; Neither is it incredible, that some one of the Soldiers who marched under his colours, had considered these things thus in his mind: That not only the Heathens, but likewise ALL OTHERS are wont to applaud those even unto our Age, who slew Tyrants heretofore, as those who for the liberty of all, feared not to undergo the danger of death, and likewise for the safety of their Citizens, Kindred and friends, with willing minds. And verily he CANNOT WELL BE REPREHENDED BY ANY MAN, especially since he should show himself so valiant and sirenuous FOR GOD AND that RELIGION which he did approve, etc. However it is certain that he was taken away by God's divine judgement. * 〈…〉. Nicepherus adds, that his death was predicted by the Christians, and that his death WAS ACCEPTABLE AND PLEASANT TO ALL CHRISTIANS, especially to those of Antioch, WHO FOR THIS HIS MURDER, INSTUTED A PUBLIC TRIUMPH, Wherein they also reproached Maximus the Philosopher, singing thus, Where are thy divinations O foolish Maximus? A pregnant evidence, that even the Primitive Christians (on whose examples and practice our Antagonists so much depend, though to no purpose, as I have * Part 3. p. 13●. to 143. elsewhere manifested) held it not only lawful for them to resist, but even in some cases to slay a persecuting Apostatised Tyrant, bend ●o subvert Religion, Laws, Liberties; as may be further evidenced by a Euseb. lib. 2. vita Constan. & Ecclesist. Hist. l. 8. 9 10. Scorat. Scholast. Hist. l. 1. Sozomon. Niceph. Ca●l. Eccles. Hist l 7. c. 29. 37. 39 44. 45. Grimston Eutropius Zonara Sabellicus Valate●anus in the Lives of Constantine Maximinus and Maxentius. Constantine the great his aiding the oppressed Christians, and Romans against the Tyranny and Persecution of the Emperors Maxentius, Maximinus and Licinius, even with force of Arms, with which he Conquered these Persecutors in sundry open battles fought against them, at the Christians earnest importunity. To descend to later Authoritities, it is the received Doctrine of all Popish Schoolmen, Doctors, Lawyers, That tyrannical Princes who oppress and invade their subjects persons, liberties, estates, or religion, may both lawfully with good conscience be forcibly resisted by their Subjects, and likewise by the major part of their People, Nobles, Parliament, for preservation of the Republic and Religion, be justly deposed, and put to death; yea, as some of them add, even murdered by private men, though the generality of their Writers justly deny it. Their St. Thomas of Aquin, in his Book, De Regimine Pricipum (dedicated to the King of Cyprus) * Operum. Aut verpiae. 1612. Tom. 17. s. 163. cha 6. determines thus, If it belong to the multitude to provide themselves of a King, the King made by them, may not unjustly be removed, destroyed, or his power restrained, if he abuse the power of the Realm tyrannically; Neither is such a multitude to be esteemed, TO DEAL DISLOYALLY IN DEPOSING A TYRANT ALTHOUGH THEY HAD PERPETUALLY SUBJECTED THEMSELVES TO HIM BEFORE, BECAUSE HIMSELF HATH DESERVED IT, in not carrying himself faithfully in the Government of the people, as the Office of a King required, because herein he kept not his Oath and Covenant with his subjects. And he further affirms, 2 Distinct. Art. 44. qu. 2. 2. 5m. 1. 2 ae. Dist. 44. qu. 2. 2. 5m. 1. 2ae. qu. 79. 4. 3m. 22ae. qu. 12. art. 2. & qu. 42. 2. 3m. Opusc. 10. l. 4.o . 1. That in every Country, Cities are governed politicly; the power of Kings and Emperors being circumscribed by the Laws and people, That a Tyrannical Prince, if he invade his Subjects, may lawfully beresisted and slain even of private persons in their own necessary defence, and in reference to the public safety; but much more by the Nobles and people's general consent: And that the deposition or perturbation of the regiment of a Tyrant, HATH NOT THE REASON (or nature) OF SEDITION, unless it be done by private persons, or so disorderly, that a greater detriment should ensue, BUT IT IS THE TYRANT RATHER WHO IS SEDITIOUS. The same Doctrine is taught by Dominicus Soto, de justitia. l. 5. quaest. 1. art. 3. Ludovicus Molina Tom. 4. De justitia & jure Tract. 3. disp 6. to 20. Dominicus Bannes, 2a. 2 ae. quaest. 64. Art. 3. Dub. 2. Petrus de Arragon. 2. 2ae vu. 64. art. 3. Explicatio. art. p. 248. Michael Bartholomaeus Salon, de justitia & jure in 2. 2ae Tom. 1. qu. 64. art. 3. cont. 1. pag. 385. Petrus de Lorca in 2. 2ae D. Thomae quaest. 40. art. 3. sect. 3. throughout, specially Disput. 50. n. 2. & Disp. 52. 53. Azorius, Tom. 2. l. 21. disp. 5. qu. 8. &. 5. Franciscus Victoria. Relectio De jure Belli. n. 9 14. Alphonsus Salmeron in cap. 13. Epist. ad Romanos. Disp. 5. Fran. Suarez. in Defension fidei l. 3. cha. 3. & l. 6. chap. 4. throughout▪ specially, num. 5. 6. 13. 14. 15. 16. joan Gerson de Auferibilitate Papae; where also he avers (consid. 6.) that one who is truly Pope may lawfully be bound, imprisoned, and put to death for his offences, (though the head of the Church as Papists hold, as well as Kings the head of their Realms.) Dionysius Cathusianus de Regim. Polit. Artic. 19 Franciscus Tollet, in summa, l. 5. c. 6. Leonardus Lessius de justit. & jure, c. 9 dub. 4. Tannerus, Tom. 3. disp. 4. qu. 8. dub. 3. Emanuel Sa. in Aphorism. Verb. Tyrannus, n. 2. johannis Mariana: De Rege & Regis Instit. l. 1. c. 5, 6, 7, 8. Alvarus Pelagius de Plan. Eccles l. 1. c. 21. Simancha Pacensis, de Cathol. instit. tit. 23. n. 11. p. 98. tit. 45. n. 25. p. 209. Gregory de Valencia, Tom 3. p. 444. Cardinal Bellarmine, de Pontif. Rom. l. 5. c. 6. 7. 8. & Tract de Potest. Sum. Pontif. advers. Gul. Barcl. p. 97. jac. Gretzerus Pharetra Tertulliana, & Vespertilio Haeritico-Politicus, Ludovicus Richehom. Expostulatio Aplogetica pro Societate jesiu. Vincentius Filiucius Tra. 28. p. 2. dis. 4. prae. Dec. n. 12. Mart. Becanus Anglicana de Potestate Regis & Pontificis, Caspar. Schoppius. Alexi Pharmacum Regium, & Collyrium Regium. Valentine Jacob. An. 1524. and john Tanquerel. Anno. 1561. whose opinions are recorded by Bochellus Decreta. Eccles. Gal. l. 5. tit 4. c. 6. 8. the Cardinal of Como his Letter from Rome, 30. January, 1584. to Doctor Parrey to murder Queen Elizabeth; Franciscus de Verona Constant. in Apolog. pro Io: Chastel, p. 133. Bonarscius the jesuit, Amphith p. 101. Barclay l. 3. advers. Monarch. c. 8. l. 6. c. 23. & 24. erarius in c. 3. judicum. Hieronymus Blanca Rerum Aragonens. Commentarius, passim. Cajetan: upon Aquinas his forecited Sums. the Doctors of Salamancha in their Determination, Anno 1602. recorded by G. Blackwell, qu Bip. p. 56. and Doctor John White his Defence of the Way, c. 6. p. 16. Governado Christiano. p. 43. Antonius Massa Tract. contra Duell. n. 78. 79. Baldus 3. Consid. 313. Cavarruvias Quaest. Illustr. T. 2. 505. n. 1. 399. n. 6. Vasquius contro. Illustr. 16. n. 15. 19 21. 17. n. 1. 23. 20 n. 344. n. 3. 73. n. 12. 13. 5. 72. n. 7. and elsewhere Hemingius Arnisa us de Authoritate Principum p. 18. 50. 77. 80. 83. 95. 122. Fran. Hotomani Franco-Gallia, c. 6. 7. 10 13. 15. 18. 19 etc. To which I might add our English Priests and Jesuits, as Doctor Nicholas Saunders, Visib. Monarch. p. 70, 71. Doctor Allen, Parsons, Creswell, Philopater, Rossaeus, Doleman, p. 32. to 74. sparsim, with sundry others, all professedly averring Aquinas his Doctrine, and the premises, yea, far exceeding them in sundry particulars; many or most of them attributing sufficient Authority and power to the Pope and Prelates alone, without the Parliaments, Nobles, Peers, or People's assent, to depose, adjudge Haereticall or tyrannical Kings to death, and devote them to assassination, which all Protestants unanimously disclaim. But we need not fish in these unwholesome Romish Streams of Tiber, or make use of these Popish Champions, whom I have only named, to stop the mouths of all Papists, Priests, Jesuits, who now much exclaim against the Parliaments present defensive War, condemning all for Rebels and Traitors who assist the Parliament against their invading traitorous, Rebellious armed Forces both in Ireland and England, they being in verity such themselves, yea, the original contrivers, fomenters, the principal abettors of the present bloody, destructive, civil Wars in both our Realms. 〈…〉 which most confirms me in this belief, is a particular late Discovery of the horrid Conspiracy of Con the Pope's late Nuncio here, and his jesuited Popish Confederates, to undermine and extirpate the Protestant Religion, to raise the Scottish, and succeeding Irish, and English Wars, thereby to engage the King to resort to them for assistance; & under pretence whereof to rise up in arms, and work him to their own conditions, or else to poison him with a Indian poisoned Nut after the example of his Father, and then seize upon the Prince, and train him up in their Antichristian Religion, as you may read at large in Rome's Masterpiece, to which I shall refer you for fuller satisfaction, from one of the chief Conspirators own Confession. But passing by all these, I shall proceed to Authorities of Lawyers and Divines, professing the Protestant Religion. Georgius Obrectus, a public Professor of Law, and Advocate to the City of Strasburge in his Disputatio Juridica, 1. De Princ●piis Belli, lays down these several Positions for Law, Num. 125. to 139. That all the Inferior Magistrates in the Empire or other Kingdoms, collectively considered, are above the Emperor and Kings themselves; that if they be unjustly assaulted with unjust violence by any whomsoever, they may by a necessary and just war, defend both themselves and theirs, and repel and prosecute the unjust assailants. That if the Superior Magistrate neglect to do his duty, (as if the Turk should invade any Country, and the Supreme Magistrate would not resist him.) the inferior Magistrate may call the people to Arms, raise an Army, and exercise all forces policy and devices against the common enemy of Christians: Or if the Supreme Magistrate should exercise manifest Tyranny, it is verily lawful to the Inferior to undertake the care of the Republic, which he endeavours to oppress with all his power: That those who represent all the people, as the Electors, Palatines, Nobleses, Parliament, may admonish the Prince of his duty, and aught to seek by all means to divert him from his Tyrannical and impious purpose; but if he proceeds, and repenteth not, being frequently admonished, but wilfully subverts the Commonwealth, obstinately perverts Laws; hath no care of faith, covenants, justice, piety; and tends only to this, that he may perpetrate any thing with impunity, and impiously reign over men's consciences, then verily he is accounted a Tyrant, that is, an enemy of God and man; whence, if he hath proceeded to that height of malice, that he cannot be expelled but by armed force, It is Lawful for the Electors, Palatines and others, to call the people to Arms, and not only to defend themselves and others against such a one, but plainly to deject him from his Throne: For the entire Government of the Realm is not committed by the people to the Prince alone, as neither the Bishopric of the whole Church to the Pope, but to every one of the Nobles or Magistrates according to his power: For the Nobles, as they are called into part of the honour, so of the burden of the Commonwealth; which is committed to the Prince, as to the Supreme Tutor, but to them as Fellow-tutors, he having the first, they the second place in governing the Republic. The Prince swears that he will seek the good of the Realm, and all the Nobles promise the same: therefore if he doth ill, they ought not to do so likewise; if the Republic go to ruin, they shall not continue: For the Commonwealth is no less committed to them, than to the King, so as they ought not only to do their duty, but also to contain the Prince within the limits of his duty: For if the Prince doth aught against his Oath, they are not absolved from their Oaths, but rather then especially aught to manifest their fidelity, when the Republic requires it, because they were specially instituted for that end, as the Ephori, and every thing ought to be reputed just, when it attains its end. Hence Brutus the Tribune, and Lucretius the Governor of the City, called the people to Arms against Tarquin the proud, and by their authority expelled him the Ringdom. So the Roman Senate judged Nero an enemy of the Republic, and condemned him to the Gallows; punished Vitellius with death, ignominiously mutilated and dragged thorough the City, and spoiled Maximinus of the Empire, setting up Albinus in his place. Thus the French by Authority of a public Council, thorough the care of the Officers of the Realm deprived Childericke the first, Sigebert, Theodoric, and Childericke the third of the government of the Realm. Neither is it impertinent to pronounce the same sentence of such a one, as was given of Manlius Capitulinus, * Valerius Maxim. l. 6. c. 7. Thou wast Manlius whiles thou didst cast down the Senons headlong; Now because thou art become one of the Senons, thou thyself art to be precipitated from whence thou didst cast them down. But if perchance most of the Nobles collude and connive, and being unmindful of their duty, take no care of the people; let there at least be one who may admonish and detest the invading Tyrant, and take care that the Republic sustain no detrimen; For the care of the Republic is no less committed to him, than to the Prince and his Colleagues, and he hath plighted his faith to the Republic no less than they. If many have promised the same thing, the obligation of the one is not taken away by the negligence or perjury of the other. If there be many trusties, Executors, or Guardians, the negligence default or fraud of some of them, doth not discharge or disengage the rest; yea, unless they to their power discharge their trust and Oath, they become perfidious, yea guilty of the same crime, and are subject unto actions for their neglect as well as the others: Therefore those who are bound to the whole Kingdom and Empire, as the Peers of France, the Electors, or to some certain Country or City which makes a part of the Realm, as Dukes, Marquesses, Earls, Constables, Admirals, and the like, are obliged to aid the whole Commonwealth, or that part committed to them, against the tyranny of the Prince, if they be able, etc. Thus and much more this Lawyer, almost verbatim out of junius Brutus. I might add to him the like determinations of Henricus Bocerus, De jure pugnae, hoc est, Belli & Duelli, Tractatus Methodicus, Tubingae, 1591. lib. 1. cap. 5. & 29. p. 141 Justus Eccardus, De Lege Regia, the last Edition. Alhuseius Polit. c. 4. p. 146. to 153. Haenon, Disputat. polit. The Treatise De jure Magistratus in Subditos; (where this Position is largely and learnedly debated, confirmed, both from Law, History, Theology, Reason) Hugo Grotius de jure Belli & pacis, lib. 1. c. 4. sect. 7 to the end. p. 87. etc. Albericus Gentilis de jure Belli, l. 1. c. 11. p. 84. c. 25. p. 205. l. 3. c. 9 22. p. 546. 686. with others. But since junius Brutus compriseth the quintessence of all the rest, I shall trouble you only with his Discourse. Vindiciae C●ntr. Tyrannos, Quaest. 3. p. 177. to 106. To pass by his Discourse concerning the resisting of Tyrants, who usurp a Dominion without any Title, whom every man may justly resist and suppress, and are bound in duty so to do, as he there proves at large; I shall only transcribe what concerns them who have a lawful Title. First (saith he) we ought to consider, that all Princes are born men. We cannot therefore expect to have only perfect Princes, but rather we ought to think it well with us, if we have gained but indifferent ones. Therefore the Prince shall not presently be a Tyrant, if he keep not measure in some things, if now and then he obey not reason; if he more slowly seek the public good; if he be less diligent in administering justice, or less fierce in propulsing war. For seeing a man is not set over men, as if he were some God, as he is overbeasts; but as he is a man, born in the same condition with them; as that Prince shall be proud, who will abuse men like Beasts; so that people shall be unjust, who shall seek a God in a Prince, and a Divinity in this frail Nature. But truly if he shall willingly subvert the Republic; if he shall wilfully pervert the Laws, if he shall have no care of his faith, none of his promises, none of justice, none of piety; if himself become an enemy of his people, or shall use all or the chiefest notes we have mentioned, then verily he may be judged a Tyrant, that is, an enemy of God and men. Therefore we treat not of a Prince, less good; but of the worst; not of one less prudent, but of a malicious and subtle one; not of one unskilful in Law, but of a contemner of Law; not of an unwarlike one, but of an enemy of the people and waster of the Realm. A Senate may assist him with prudence, a judge with the knowledge of the Law, a Captain in the skilfulness of war; but this man wisheth the Nobles, Senator's, Captains of War one neck, that he might cut them off at one stroke, neither hates he any more than them. The first verily, though he may lawfully be removed, yet however he may be tolerated; the latter contrarily, by how much the longer he is tolerated, the more intolerable he becomes. Moreover, as every thing is not lawful to a Prince; so often times, that which is lawful to the people, is not expedient. For frequently it may fall out, that the remedy which is used, may be worse than the disease. Therefore it becomes a wise man to try all things, before he use the hot Iron; and use all remedies, before he take up arms. If therefore those who represent the people perceive any thing to be done against the Republic by force or fraud, let them first admonish the Prince, neither may they expect, till the mischief grow heavy, and acquire forces. Tyranny is like an heptick Fever, which at first is easy to be cured, difficult to be discerned; afterward it becomes easy to be known, but very difficult to be cured. Therefore they shall withstand the beginnings, neither should they pretermit any thing, though the smallest. But if he shall proceed, and not repent though frequently admonished, but tend only to this, that he may commit any thing without punishment; then verily he is really guilty of Tyranny, and they may act against him, whatsoever they may use against a Tyrant, either by Law or just force. Tyranny is not only a crime, but the head, and as it were, the heap of all crimes. A Tyrant subverts the Republic, makes a prey of all, lieth in wait for the life of all, violates faith to all, contemns all the Religion of a sacred Oath. Therefore is he so much more wicked than any Thief, murderer, sacrilegious person, by how much it is the more grievous, to offend many and all, then particular persons. Now if all these be reputed enemies, if they be capitally punished, if they suffer pains of death, can any one invent a punishment worthy so horrid a crime? Moreover, Not●. we have proved, that all Kings receive their Royal Dignity from the people; that all the people are better and higher than the King, that the King is only the superior minister and Ruler of the kingdom, the Emperor of the Empire, In Trastat. de Tyranno, & in Tract. de reg. Civit. but the people are the true head. Therefore it follows, that a Tyrant who commits felony against the people as the Lord of the fee, hurts the sacred Majesty of the Realm and Empire▪ Becomes a Rebel, and therefore falls into the danger of the same Laws, and demerits more grievous punishments. Therefore, saith Bartolus, he may be deposed by a Superior; or be most justly punished by the Julian Law, for public violence. Now all the people, or those who represent them, as Electors, Palatines, Nobleses the Assembly of the Estates, etc. are his Superior. But and if he shall proceed so far, that he cannot be expelled but by armed violence, then verily it shall be lawful for them, to call the people to Arms, to raise an Army, and to practise force, policy, stratagems, as against an adjudged enemy of his Country and of the Commonweal. Neither shall the Officers of the Realm in this case fall into the crime OF SEDITION; For in a sedition there must needs be two points, which when for the most part they contend about contradictories, it follows, that the cause of one is just, the other unjust; That cause must verily be just which defends the Laws, which protects the common good, which shall preserve the Realm, especially by this means; contrarily, that cause is unjust, which violates the Laws, defends the breakers of the Laws, protects the subverters of the Country. * Bartolus Tract. de Guelphis & Gibell A●g. l. 3. §. cum igitur D. de vi & viar. Thom. Aquinas in 2. 2ae qu. 12. Art. 11. in fine l. 1. D. ad leg. jul. magist. Ci●. ●arid 4. That is just which will destroy tyrannical government, that unjust which would abolish just government. That lawful which tends to the public good, that unlawful which tends to the private. Therefore, saith Thomas, because a tyrannical kingdom which is not ordained to the common good, but principally for the benefit of the Governor, is most unjust; therefore the disturbance of this Kingdom Hath not the reason of Sedidition, nor do they fall into the crime of treasure. This crime is committed against a lawful Prince; Now a lawful Prince is nothing but a living Law: therefore he who kills the Law as much as in him lieth, cannot be called by that name; therefore those who take up Arms against him shall not be guilty of that crime. It is likewise committed against the Commonwealth, but because the Repub. is there only where the authority of the Law prevails, not where the private lust of a Tyrant swalloweth the Republic, a Tyrant shall be guilty of that crime which offends the public Majesty, & those be Vindicators of the Republic, who shall oppugn a Tyrant Ex Officio, supported with their own authority. Neither in this case, I say, doth every one, but all the Subjects, but the Lords seem to require an account of the government from their agent: no more shall they be accounted perfidious for doing it; there is every where between the Prince & people a mutual & reciprocal Obligation; he promiseth, that he will be a just Prince: they, that they will obey him, if he shall be such a one. Therefore the people are obliged to the Prince under a condition: the Prince, purely to the people: Therefore if the condition be not fulfilled, the people are unbound, the Contract void, the Obligation null in Law itself: Therefore, the King is perfidious if he reign unjustly; the people perfidious, if they obey not him who reigns justly: But the people are free from all crime of perfidiousness, if they publicly renounce him who reigns unjustly; or if they endeavour to evict him with Arms who desires to retain the kingdom unlawfully. L. 160. D. de reg jur. Therefore it is lawful for all or many of the Officers of the Realm to remove a Tyrant. Neither is it only lawful; but it lieth so upon them of duty, that unless they do it, they can no way be excused. Neither may Electors, Palatines, Senators, and other Nobles think, that they were created and instituted only for that end, that they should show themselves once peradventure in the King's inauguration, attired after the ancient manner, that they might act a certain palliated Fable, or put on the person of Rowland, Oliver, Renald, and other Nobles on that day, as if in a Scene, they should in some show represent the Round Table of Arthur, as they call it; so as after that the multitude is dismissed, and Calliopus hath said, Farewell, they should think they had excellently played their parts. These things are not spoken in jest, these things are not perfunctorily done; these things are not the pastimes of children, who as it is in Horace, Vlp. l. 3. D. de adm. & peric. Tut. & curate. created a King in a Play; but rather of Nobles, & Magistrates, who as they are called unto part of that honour, so likewise of the burden, and show, that the Republic is committed and commended to the King, as to the supreme and chiefest Tutor, so also to them as fellow Tutors (even Honorari) assigned to him as observers of his actions who hath the chief tutelage, who may daily exact an account of him, and diligently take heed, in what manner he reverseth; so even these, that they might observe the King (who, L. 27. D. eodem. as to his tutelary providence, is only reputed in the place of a Lord) that he do nothing to the detriment of the people. Therefore as the fact of him who acts the Guardian, is imputed to the Co-gardians, unless where they ought and are able, they suspect and likewise take care to remove him; to wit, when he communicates not the administration with them, L. 14. D. de admin. & peric. tut. if he do not faithfully manage the tutelage or care, if he admits fraud, if he doth any thing sordidly or perniciously to the Pupil, L 3. de suspect. tut. & cur. if he intercept any of the Pupils goods, if he become an enemy to the Pupil; finally, if he be over rude, slothful, unskilful, etc. So even the Nobles shall be held guilty of the Prince's deed, unless they remove, or prevent his tyranny, or supply his slothfulness, with their vigilance and diligence. Finally, as oft as the Guardian doth not do in the name of the Pupil, that which any fit Master of a family would do, he may not seem to be defended; but that he may be the better defended, his Co-gardians are bound to foresee: So much more justly, if the Prince doth not act the householder but the Enemy, L. 10. & 33. D. de admin. & peric. tutor. & Curate. the Nobles may and aught to act against him, since they are bound by his deed, no less then by their own. Moreover the Nobles may consider, that the King in governing the Republic, holds the first part, but they the second, third, and every one in his place. Therefore if he doth his part ill, they may not follow him: if he destroy the Republic, they may not connive; for it is committed to them, as well as to him; and in such sort truly, that not only they themselves ought rightly to execute their office by themselves, but to contain the Prince within the bounds of his office. Finally, as the King promiseth, that he will take care of the benefit of the Commonweal, so also do they. Therefore if he breaks his oath, they may not think, that they are absolved from theirs, no more than Bishops, if the Pope should defend heresy or destroy the Church: yea, they should think themselves so much the more obliged to perform their oaths, by how much the more he shall violate his. Therefore if they collude, they are reputed in the number of prevaricators; if they connive, of desertors; and TRAITORS, if they vindicate not the Republic from the tyranny of tyrants: as finally they become Patrons, Defenders, little Kings, if they by all means protect and defend the Republic, which they have undertaken to protect. These things, Judg. 5. though they are sufficiently firm of themselves, yet they may be demonstrated by examples. The Canaanitish Kings, who oppressed the people of Israel with hard servitude, as well corporal as spiritual, (interdicting them both commerce and arms) were true tyrants, I say in practice, yet not without a title; for Eglon and Jabin reigned quietly almost twenty years: Now God extraordinarily stirred up Ehud, who slew Eglon craftily; and Deborah, who routed the army of Jabin; and by that means freed the people from tyranny: This was not verily, because it was less lawful to the ordinary Magistrates and Princes of the Tribes, and the rest to do it, but Deborah rather objecteth their slothfulness and carelessness to them, and curseth some of them for this cause. But truly God, pitying his people, 2 Chron. 10 & 11. extraordinarily supplied the negligence of ordinary officers. Rehoboam the son of Solomon, refuseth to ease the people of unnecessary Tributes, being entreated to do it in a general Assembly of all the people, he groweth insolent, and assisted with the counsel of flatterers, even arrogantly threatens more grievous burdens; August. l. 1. 7. de Civit. Dei. c. 22. No man doubts, but that according to the covenant first made between the King and people, the Nobles might have restrained this pride: But the sin was in this, that they did by secession, which was to be done in the Assembly; and did a just and lawful thing unjustly. Frequent examples of this thing occur in other Kingdoms: he instanceth in Tarquin the proud, expelled by Brutus and Lucretius; who confiscated his goods, and would have publicly sentenced himself, had they apprehended his person, because he consulted not with the Senate as former Kings usually did, because he made war, peace, and truces at his pleasure without the Senates and people's advice, violated the Laws which he should observe, and neglected the covenant established between the King and people: in Nero the Emperor, publicly sentenced by the Senate, Vitellius, Maximinus; and the speech of Trajan (forecited): Likewise the * See Hotoman. Francogallia. c. 6. to 14. French, by authority of a public Council through the care of the Kingdom's officers, expelled Childericke the first, Sigibert, Theodoricke, Childericke the third, from the Crown, for their tyranny, and set up others of another stock in their places. Yea, for slothfulness, negligence, madenesse, as also for injuries to Foreigners, and yielding to the impotency or lust of flatterers, or women, they have deposed some, and as it were taken away the reins from Phaeton, lest all men should be burnt with the same fire; as Theodoricke for Ebroines sake, Dagobert of Plectrude, and Theobald his Minion's, with others; reputing it to be all one, whether a woman or an effeminate Prince reigned; or whether a tyrant, or petite tyrants under a slothful Prince domineered: or finally, whether he himself were a Devil, or possessed by the Devil himself. Thus not long since they compelled Lewes the eleventh, a most imperious Prince to receive 36. Governors, by whose counsel he was bound to govern the Republic. Yea, what other right had either the Carlingi, adopted into the Kingdom in place of the Meruingi; or the Capets who at this day hold it, preferred before the Carlingi by the Decree of a public Council; ●●●issard. l. 1. c. 1. & seq●. A●t. de But. Consil. quod positum inter Consil. Paul. de Castro vol Antiqu. nu 412. in cip. Viso puncto. Martini. Laudensis in Tract. de Cardin in 2. qu. 35. Phil. De iniquodam consilio, cujus verba faerunt Andr. Barbar. in D. cons. 1. l. ●. c. 6. Bald. in l. Olim. col. peri. de res●ri. in Decretal. Bonifac. 8 de Mai. & obed. but from the people, represented as it were in an Epitome, by the Council of the Realm, which they call an Assembly of the three Estates, who might lawfully of right both depose those, and by their own authority establish these in the Throne? In the same manner we read Adolphus deprived of the Germane Empire, An. 1296. because corrupted with money, he had made war with France, in favour of the English: and Wenceslaus, An. 1400. although these may be called, not so well evil, as less good Princes. Thus in the Realm of England, Edward the second, for his tyranny to his Subjects, especially the Nobles, whom he destroyed without hearing their cause, was at his Queen's request, adjudged unworthy of his Crown by the Parliament. Not long since, Christian in Denmark, Ericus in Sweden, Queen Mary very lately in Scotland, were deprived: which Histories worthy credit testify, hath been frequently done in the Kingdom of Poland, Hungary, Spain, Portugal, Bohemia, and the rest. But what concerning the Pope himself? The Cardinals, they say, because they have chosen him, or if they do not their duty, the Patriarches, who are Primates next after the Cardinals, may against his will, for certain causes call a Council, and in it judge the Pope, if he shall scandalise the Church by his notorious offences; if he be incorrigible, if reformation be necessary as well in the head as members; if contrary to his Oath he will not assemble a Council, and the like; and de facto, we read that many Popes have been deposed by authority of a Council. But if (saith Baldus) they be pertinaciously abused; at first they must use words, secondly, herbs, that is, medicines; lastly, stones; and where the truth of virtue sufficeth not, there the defence of weapons ought to prevail. But and if by the suffrages almost of all learned men, the Decrees of Counsels, and the Acts themselves done, it be proved, that a Council, as they speak, may lawfully depose the Pope, who yet boasts himself to be the Kings of Kings, and claims as much to be above the Emperor, as the Sun is above the Moon; yea, also arrogates to himself an authority of deposing Kings and Emperors at his pleasure; who at last can doubt, but that by the public Council of every Realm, not only a tyrant, but a King, pernicious to his Kingdom for his madness or folly, may be deposed or removed? Go to now, in this our politic Ship, the Master gluts himself with wine; most of his assistants either asleep, or drunk with mutual cups sportingly behold an imminent Rock. The Ship in the mean time, either holds not that course which is expedient for the owner, or seems speedily to be wracked; what thinkest thou is here to be done under the Master, by one who is vigilant and solicitous? Shall he pull those by the ears who are asleep, or only jog them by the sides? but in the mean time, Plato. l. 8. & 9 de Repub. lest he should seem to do aught without their command, shall he not afford his help and assistance to the endangered Ship? Truly what madness, or rather impiety will this be? Seeing then (as Plato saith) tyranny is a certain frenzy and drunkenness, the Prince may utterly subvert the Republic, the most of the Nobles may collude, connive, or at least are fast asleep: the people who are Lords of the Republic, by the fraud or negligence of these ministers, which is their fault, are reduced into greatest straits in the mean time there is one of the Nobles which considers the encroaching tyranny, and detests it from his soul, what thinkest thou is now to be done against him by this man? Shall he only admonish his Colleagues of their duty, who themselves do as much hurt as they may? But, besides, as it is perilous to admonish, and in that state of things it may be deemed a capital crime, shall he do like those, who contemning other helps, casting away their arms, shall cite Laws, and make an Oration concerning justice among thiefs, L. 3. & l. omne delictum. Sect. ult D. de re milit. in the midst of a wood? but this truly, is that w ch is commoly said, to be mad with reason: What then? shall he grow deaf at the people's groans? shall he be silent at the entrance of thiefs? or shall he finally grow lazy, and put his hands into his bosom? But if the Laws appoint the punishment of a Traitor against one wearing buskins on his legs, who counterfeits sickness for fear of the enemies, what punishment at least shall we decree against him, who either through malice, or slothfulness, shall betray those whom he hath undertaken to protect? But rather he shall command those things that are needful to such as are wary by a Mariner's shout; he shall take care lest the Commonwealth receive any detriment, and shall preserve the Kingdom even against the Kings will and resistance, by which he himself becomes a King; and shall cure the King himself as a frantic man, by binding his hands and feet, C. nullus in Carthagin. Concil. Doctores Pontificii. if he may not otherwise do it. For, as we have said, the universal government of the Realm is not committed by the people to the King, as neither the oversight of the whole Church to the Pope, but to every one of the Nobles according to his power. But certainly, because concord proceeds from unity, that there should be no emulation among Peers, a King was instituted, who should hold the supreme place in the administration of the Commonwealth. The King swears that he will seek the safety of the Realm; the Nobles swear every one the same by himself: whether therefore the King or most of the Nobles neglecting their oath, shall either destroy the Common weal, or desert it being in danger, ought the rest therefore to desert the Republic, or at least be less bound to defend it, as if they were absolved from their oath? But rather then especially they ought to show their fidelity, when as others neglect it, especially since they were principally instituted for that end, like the Ephori; and every thing may then be reputed just, when it attains its end: whether truly if many have promised the same thing, is the obligation of the one dissolved by the perjury of the other? whether if many be guilty of the same sin, are the rest freed by the fraud of one? Whether, if many Co-gardians ill defend their Pupil, shall one good man be less bound with the burden of the wardship through their default? But rather, neither can they avoid the infamy of perjury, unless they endeavour to satisfy their trust as much as in them lieth; neither can those exempt themselves from the danger and judgement of a Gardianship ill administered, unless they implead the other Guardians suspected; L. 3. D. de administ & peric. tutor. & cur. l. 3. D. desuspect. tut. & curate. when as verily one Guardian may not only implead the rest suspected, and take care of those to be removed, but also remove them. Therefore those who have promised their aid and assistance to all the Realm or Empire; such as Earls of the stable, Marshals, Senators, and the rest; or those who have done it specially to any County or City which may make a part of the Realm; as Dukes, Marquesses, Earls, Majors, and the rest, are bound to aid the whole Commonweal oppressed with tyranny, or that part thereof, which the people have committed to them next after the King. And these truly aught to vindicate the whole Commonweal from tyranny, if they be able; those as Guardians assigned throughout Counties, that part of the Realm whose defence they have undertaken: These I say, are bound to restaine a tyrant, those to drive him out of their coasts. Therefore Mattathias as one of the Nobles, Maccab. lib. 1. c. 3. v. 45. the rest partly conniving, partly colluding; when Antiochus tyrannically oppressed the Kingdom of Judah, speaks thus to the people ready to take up arms: Let us restore the state of our people; let us fight for our people, and our holy places: whence it plainly appears, that we may not only lawfully fight for Religion, but for our Country; for an hearth I say, no lest justly then for our Altars, and take up arms against such a tyrant as he was: neither are they blamed by any, for recovering the Kingdom, but that they claimed the royal dignity to themselves, Justin. l. 1. Diodor. l. 2. c. 37. which pertained to the Tribe of judah. Many pertinent examples to this purpose occur in Historians. Arbactus governor of Media, slew Sardanapalus spinning among women, and spending the royal treasure among whores. Vindex Precedent of the French, and Galba of the Spaniards revolted from Nero, together with all France and Spain, the Senate conniving at his tyranny. But especially that Laconic judgement is observable, which verily proceeding from that Senate, aught to pass into a thing adjudged among all Nations. When the Lacedæmonians possessed Byzantium, they made Clearches Captain of the Army, Governor of the City, who taking corn from the Citizens, distributed it to the foreign soldiers; but in the mean time the families of the Citizens perished with famine. Anexilaus therefore, one of the Magistrates of the City, moved with that tyranny, agreed with Alcibiades about the yielding up of his Country to him, and he soon after is received into the City. Anexilaus being accused at Sparta for yielding up of Byzantium, pleaded his cause himself, the Spartans absolved the man; because they said, wars were to be waged with enemies, not with the nature of things; now nothing is more repugnant to nature, then, if those who are bound to defend a City, became more unjust than the enemies. Thus the Lacedæmonians determined justly, to whom scarce any good Kings will not assent; verily those who desire to rule well, care not at all what is determined concerning tyrants, or what the Nobles or people themselves may do by Law. But we must yet proceed further. Every one of the Mariners is bound, if the Ship be endangered through the default or negligence of the Shipmaster, to put to his helping hand: every one of the Nobles is bound, if the Republic perish by the wickedness or carelessness of the Prince and his Colleagues, to help it, being like to fall, and to vindicate the whole Kingdom, or at least that part thereof which is committed to him, from tyranny. But then shall it be lawful for every ordinary slave to do the like? or peradventure shall it be lawful to Herdonius Sabinus, Euno Surianus, Spartacus the fencer, or, I say, to any private man to enfranchise servants, to stir up Subjects to arms, finally to combat with the Prince, if tyranny urge them? No verily. The republic is not committed to single or private men, yea they themselves are committed to the care of the Nobles and Magistrates no otherwise then Pupils. Therefore they are not bound to defend the Republic, who cannot defend themselves. The sword is not committed to every man neither by God, L. 1. c. de Seditiosis. nor by the people; therefore if they draw the sword without command, they are seditious, although the cause may seem to be just. Finally, private men do not make the Prince, but all. Therefore they ought to expect the command of all, or of those, I say, who represent all in a Realm, Country or City, which may make a part of the Realm, or at least of one of them, before they attempt any thing against the Prince. L. I. l. 9 D. de author. & consil. tutor. & curate. For as a Pupil cannot bring an action without authority of his Tutor, although the Pupil be truly a Lord, and the Tutor only is reputed for the Lord, as far forth as appertains to his tutelary providence: So neither may the people do aught, but by the authority of those, on whom they have transferred their authority and power; whether they be ordinary Magistrates, or extraordinarily, created in a public Assembly; whom, I say, they have guirded with the sword for this purpose, to whom they have delivered themselves up to be governed and cared for; Seneca l. 8. de Benefic. who finally like that Praetor of Rome, who judged between servants and masters, are truly constituted in that place, that if any contention arise between King and Subjects, they may show themselves Judges and Redressors, lest the Subjects themselves should pronounce sentence in their own cause. Therefore if unjust customs or grievous taxes be imposed, if things be done against pacts or fraudulently, and yet not one of the Nobles speaks against or resists it, let them think they must then sit still, and think, that the best Physicians to prevent or take away a disease, do ofttimes prescribe the opening of a vein, the evacuation of humours, yea and scarification. For such is the nature of things, that scarce any mischief can be cured without another; scarce any good may be acquired without diligent labour. They have the example of the people under Solomon, who refused not the grievous tributes imposed on them for the building of the Temple, and fortifying the Kingdom; because they judged those things to be imposed by the public Council, to the glory of God, the beauty and ornament of the Republic. They have likewise the example of Christ our Saviour, who although he were the King of Kings, yet because he then sustained a private person, he paid tribute willingly. If the Nobles and Magistrates themselves favour apparent tyranny, John 34 ●. 30. or at least oppose it not, they may remember, that for the sins of the people, God suffers Hypocrites to reign; whom unless they turn themselves to God with all their heart, cannot be overturned with any engines. Therefore there is no need of feet or hands, but bended knees. Finally, they must suffer evil Princes, wish for better, and think, they must bear that tyranny with a patient mind as they do hail; storms, tempests, and other natural calamities, or change their habitations. David retired into the Mountains, and spared Saul a tyrant, because he was none of the Nobles of the people: Christ, because he was not of this world fled into Egypt, to avoid Herod's tyranny. Paul, because he describes the office of private Christians, not of Magistrates, teacheth that they must obey Nero himself. But if all the Nobles, or most of them, or at least one of them endeavour to restrain apparent tyranny, or the Magistrate to drive it from that part of the Realm which is committed to him, if he be such a one, as under pretext of expelling it, may not introduce another tyranny; then verily assembling together, they may run who shall go fastest to this choice man, they may earnestly assist with their feet and hands, and as if God himself had given a sign from Heaven, of a fight against tyrants, endeavour to free the Kingdom from tyranny. For as God punisheth and chastiseth the people by tyrants, Eccles. 10. so likewise tyrants by the people: and that is a perpetual truth which Syrach saith; that Kingdoms are translated from Nation to Nation, for the iniquities, injuries, and wickedness of Princes▪ and that every tyranny continues but a short space. Thus the Captains and soldiers carefully executed all the commands of jehojada the High Priest, in revenging the tyranny of Queen Athaliah: Thus all the godly men of Israel went to the Maccabees, partly that they might defend the true worship of God, partly that they might free the Republic against the impious and unjust attempts of Antiochus; yea God favoured their just endeavours, and gave them prosperous success. What then? May not God likewise out of private men themselves raise up some avenger of tyranny? Cannot the very same who raiseth up tyrants out of the people, backed with no title, no pretext, to punish the people, likewise raise up deliverers also out of the lowest of the people? Cannot the same who enthralled the people to Jabin and Eglon, deliver the same people by Ehud, Barac, Deborah, and as it were manumit them when they were deserted by the Nobles? What therefore should now hinder, thou wilt say, but that the same God who hath sent Tyrants on us at this time, should likewise extraordinarily send revengers of tyrants? Why, if Ahab rageth against good men, if Jezabel suborn false witnesses against Naboth, shall not there be also a jehu, which may extirpate the family of Ahab, who may avenge the blood of Naboth, who may cast down jezebel to be torn in pieces of Dogs? Verily, what I have answered before, as nothing hath departed from the justice of God at any time, so not from his mercy. But yet since those evident signs, by which God was wont to confirm these extraordinary vocations of those Worthies, are for the most part wanting to us in this age, let the people take heed, lest whiles they seek to pass over Sea with a dry foot, some Impostor being their Captain, they fall not headlong into a gulf, which we read sometimes to have happened to the Jews: lest whiles they seek a revenger of tyranny, they perchance follow one, who, that tyrant being expelled, will translate the tyranny itself unto himself: lest finally whiles they seek to deserve well of the Commonwealth, they militate to the private lust of any; so as that may fall out which hath happened to many Republikes, especially the Italian, whiles that they endeavour to remove the present evil, they bring in a far greater. I shall close up this with three Authorities more; the first, of Mr. John Calvin, who pleads as much for obedience to Tyrants and unjust Magistrates as any man: Instit. lib. 4. c. 20. sect. 31. I always speak of private men: For if there be any popular Magistrates constituted to moderate the lust of Kings (such as heretofore were the Ephori, who were opposed to the Lacedaemonian Kings, or Tribunes of the people against the Roman Senate; or the Demarchi against the Athenian Senate, and which power peradventure, as now things stand, The three Estates in all Kingdoms enjoy, when they assemble) I am so far from inhibiting them to withstand the raging licentiousness of Kings, according to their duty: that if they connive at Kings outrageously encroaching upon, and insulting over the inferior common people, I shall affirm, that their dissimulation wants not nefarious perfidiousness, because they fraudulently betray the liberty of the people of which they know themselves ordained protectors by God's ordinance. The second is, Huldericus Zuinglius: Explanatio Artic. 42. Quando vero perfide & extra Regulam Christi (Principes) egerint, possint cum Deo deponi, consensu & suffragiis totius, aut certe potioris partis multitudinis. Quaeris quando id fiet, ut major pars populi bono consentiat? Ad hoc dico quod antea; si non consentiunt ut malum tollant, ferant jugum Tyranni, & demum cum eo pereant. Nec querantur sibi fieri injuriam, cum sua culpa id mereantur ut quidvis patiantur. Quis ergo miretur si populus ob flagitia & scelera Principum paenas luat? Primum, cur non juxta naturae regulam cum proximo agimus? Sic enim omnes fratres essemus, & Principe nullo esset opus. Deinde, cur non summo studio justitiam sectamur, & exosam habemus injustitiam omnes? Sic enim facile fieret ut unanimi consensu tyrannum officio moveremus. Nunc cum tam tepidi sumus in tuenda justitia publica, sinimus ut impune vitia Tyramorum bodie regnent. Merito ergo ab illis conterimur, & tandem cum illis luimus. Non ergo desunt viae per quas tyranni tollantur, sed deest publica justitia. Cavete vobis, O Tyranni, Evangelium enim Jesu Christi late sparsum vitam multorum innovabit ut innocentiae & justitiae plurimi studeant, cui & si vos studueritis, summo bonore vos prosequantur, sin furere & vim facere perrexeritis, omnium pedibus conculcabimini. So he The last is the general Union of the States of the united Provinces, to defend their Liberties and Religion, made at Brussels, the tenth of January 1577. thus related by Grimston in his History of the Netherlands l. 10. p. 492. 493. The States seeing themselves engaged in war on all sides against the Spaniards, (who were proclaimed enemies to the Country) fearing some dis-union amongst themselves, by the enticing persuasions of such as sought to dismember them, they resolved, before that Don John should enter into the Country, to make a general union among themselves, as well Prelates, Noblemen, and Towns, as of others of the seventeen Provinces: which was allowed by the Lords of the Council of State, deputed by the King, for the government general of the said Countries; whereof, the Original remains in the custody of the States of Brabant. Of which Union, the Tenor followeth. A general Union of the States. WE who have signed these presents; Prelates, Churchmen, Noblemen, Gentlemen, Magistrates of the King, Townes, Castles, and others, making and representing the States of the seventeen Provinces, being presently assembled in this Town of Brussels, and others, being under the obedience of the most high, mighty, and famous Prince, King Philip, our Sovereign Lord and natural Prince; we give all men to understand, both present and to come, That seeing our common Country afflicted by a more than barbarous and tyrannous oppression of Spaniards, we have been forced and moved to unite ourselves together, and with Arms, Counsel, Men, and Money, to assist one another against the said Spaniards, and their adherents; being declared Rebels to his Majesty, and our enemies. And that this union and conjunction hath been since confirmed by the Pacification last made; and all by the authority and consent of the Council of State, committed by his Majesty for the general government of the said Countries: And as the pretended end of this Union requires all fidelity, constancy, and natural assistance for ever; and that we would not by any misprision have cause of jealousy or mistrust, and much less of any bad affection or disposition of any of us; but chose, to have the affairs of the said Union effected with all the sincerity, fidelity, and diligence that may be, so as not any of the subjects and inhabitants of the said Countries and Province may have any just cause to be discontented, or to doubt of us: For these considerations and reasons, and that nothing may be treacherously done, to the prejudice of our common Country, and just defence; or that omitted by negligence, which shall be necessary for our just and lawful defence; We have by virtue of our power and commission respectively, and otherwise for us and our successors, promised and do promise, by the faith of Christians, of honest men and true Countrymen, to keep and entertain inviolably for ever the said Union and Association; so as not any one of us may break or fall from it, by dissimulation, secret intelligence, or in any sort whatsoever. And that for the preservation of our holy, Catholic, and Romish Faith, and the accomplishment of the Pacification, as also for the expulsion of Spaniards and their adherents (with all due obedience to his Majesty) for the good and quiet of our Country, and the maintenance of our Privileges, rights, Freedoms, Statutes, Customs, and ancient uses: For the effecting whereof, we will use all means possible; employing both Money, Men, Counsel, and goods, yea and our lives, if it were necessary. And that none of us may in private give any counsel, advice, or consent, nor have any secret conference with them that are not of this Union, nor yet reveal unto them in any sort what hath or shall be treated of in this Assembly, or resolved; but shall wholly conform himself according to our general and common resolution. And in case, that any Province, Estate, Country, Town, Castle, or House, were besieged, assaulted, invaded, or oppressed in any sort whatsoever: yea, if any of us, or any others (having endeavoured himself for his Country and the just defence thereof, against the Spaniards, or for other causes depending thereon, as well in general as particular) should be sought after, imprisoned, ransomed, molested, or disquieted in his person, and goods, honour, and estate, or otherwise; we promise to give him assistance by all the said means; yea, and to procure the liberty of them that shall be imprisoned, either by force, or otherways; upon pain to be degraded of their Nobility, Name, Arms, and Honour, and to be held perjured, disloyal, and enemies to our Country, before God and men, and to incur the note of Infamy and cowardice for ever. And for the strengthening of this our holy Union of Association, we have signed these presents the tenth of January, 1577. Underneath were the signatures of the Deputies of every Province, Prelates, Noblemen, and Commissioners for Towns; and underneath them, was written the agreation of the Council of State, as followeth: The Deputies of the general Estates here under-written, having required them of the Council of State, committed by his Majesty for the government of the Netherlands, to consent unto and allow of that which is contained in the Union above written: The Council, in regard of the said request, and the reasons therein contained, have as much as in them lay, allowed, and do allow by these presents, the said Union, according to the form and tenor. Made at Brussels in the Statehouse, in the Assembly of the said States, the tenth of January, 1577. And underneath was written: By the commandment of the Lords of the Council of State: Signed; Berrii. If any shall here object; Object. 1. that a Chassanaeus in confuetud. Burg. Rebuffus ad constit. Reg. Tom. 2. & Bonefic. art. 2. Bodin. de repub. l. 1. c. 10. Kings are of divine institution; whence, Dei gratia, (By the grace of God) is peculiarly annexed to their Titles; and not communicated unto Subjects. Therefore though they prove never so flagitious or tyrannical, they may in no wise be forcibly resisted, or questioned by their Nobles and Parliaments for their crimes. I answer briefly (because I have b Part. 3. p. 115. to 123. elsewhere largely dissipated this objection) First, that Kings are no more of divine institution, than any other inferior Magistrates, Officers, or Princes whatsoever; as the c Rom. 13. 1, 2, 2, 4, 5, 6. Prov. 8. 15. 16. Scriptures abundantly evidence. But all other inferior Magistrates, Officers, and Princes whatsoever are resistible, questionable, censurable, and deposible for their tyranny, wickedness, and misgovernment by the Parliaments censure, as I d Part. 2. p. 44. 45. have proved, notwithstanding their divine institution; therefore such degenerating Kings too, as well as they in such cases. Secondly, all e Eph. 4. 11. 1 Cor. 12. 28. c. 4. 1. 2 Cor. 3. 6. c. 11. 23. 2 Tim. 4. 6. Ministers of the Gospel, are as much, (if not far more) Jure divin●, and by Gods own ordination, as Kings are; a truth undeniable. But they for their offences and misdemeanours contrary to their function, may be both forcibly resisted, censured, deprived, degraded, yea and executed, notwithstanding their divine right and institution; as the Canons of most Counsels, the practice of all ages, yea, the express letter of the 26. Article of the Church of England, with all our Episcopal Canons and Canonists attest: Therefore tyrannical degenerating Kings may be so too, by the selfsame reason, in some cases. Thirdly, this Title of Dei gratia, in public Writs, anciently hath been, and yet is common to Bishops, Prelates, inferior Magistrates and Subjects, as well as to Kings; as sundry precedents f Ragister. par● 2. f. 3. 23. 60 62. 303. 7. 31. 33. 35. 38. 44. 54. 55. Pars ●. 286. 302, 303. 305. 306, 307. Pars 3. f 5. 22. 26. 29 31. 35. 42. 47. Fitz. Nat. Bre. 132. in our Law books, g Willielmus Dei GRATIA Eliensis Episc. etc. Mattheus Pars. p. 155. Matthew Paris, h Proaem. Relect. in leg. Taurin. 36. Object. 2. Salon, with others attest, and Mr. John Selden in his Titles of Honour, part. 1. chap. 7. Sect. 2. p. 123. professedly proves at large, to whom I shall refer you: But these both lawfully may be, and always have been forcibly resisted, questioned, convented, deprived, censured for their tyranny and misdemeanours, notwithstanding this their stile of Dei gratia, or pretence of divine institution: yea, we know that Bishops have been lately thrust out of many Churches, notwithstanding their long pretended Ius Divinum to support their Hierarchy; and john Gerson a Papist, hath writ a particular Treatise De Auferibilitate Papae, notwithstanding the Popes pretended Divine Title to his Monarchy, which may be now, and one day shall be totally abolished. Therefore tyrannical degenerous Kings, may be justly resisted, censured, deprived, as well as they, and royalties changed into other governments, by the peoples and kingdoms common consents, if they see just cause. If any secondly object: * See Mr. Seldens Titles of Honour, part. 1. c. 8. sect. 1. That Kings are anointed at their Coronation; Therefore their persons are sacred, irresistible, unquestionable, unpunishable, for any tyrannical or exorbitant actions whatsoever. I briefly answer: first, that every Christians Baptism, (being a Sacrament of Christ's own institution) at least his spiritual unction and sanctification, (as I have i Part. 3. p. 89. to 94. formerly proved) makes a person as sacred, yea more holy, than Kings anointing (being no Sacrament) can, or doth of itself make the person of any King whatsoever. A truth which no Christian can without blasphemy deny. But Baptism, and the inward unction of the spirit of grace and sanctification, exempts no Christians from resistance, censure, punishments of all sorts, in case they commit any exorbitant or capital crimes; as experience tells us: Therefore Kings Coronation anointings cannot do it. Secondly, k Part. 3. p. 92. 93. 〈◊〉 Cun●us de Republics. Hebrae. l. 1. c. 14. Pontif. & Ceremoniale Romanum. Priests anciently were and at this day too in the Roman Church, are anointed as well as Kings; and so are children and sick persons (that I say not Altars, Bells, etc.) with Chrism and extreme Unction: But these Unctions confer no such immunity to Priests, children, sick men, others, etc. Therefore neither can this anointing do it to Kings, especially now, being no divine institution. Thirdly, The anointing of Kings, is not common to all Christian Kings (many of them especially in former times, having been crowned without any anointing at all) but peculiar to Emperors, and to the Kings of jerusalem, France, England, and Sicily, the four anointed Kings, only, as l Ad Tit. de S●at Ho●. l. 1. Albericus, m De Imp qu. 18. & 10. Restaurus Castaldus, n De Potest. Regia. part. 4. Sect. 16. Antonius Corsetus, o Moral. Justit. pars 2. l. 10 c. 5. Azorius, p Catalogus Gloriae mundi, p 5. Consid. 35. Cassanaeus, and q See Mr. Seldens Titles of Honour, part. 1. c. 8. Sect. 1. sundry others affirm, out of the old Roman Provincial: though some other Kings have now and then been anointed when they were crowned, as Mr. Selden proves. Since therefore all King's persons are reputed sacred, as well as these four who are anointed; and these Kings as soon as the Crown descended to them, even before their Unctions and Coronations were deemed as sacred and inviolable as before; it is certain, that their very enoyling of itself makes no addition to their personal immunities from just resistance, public censures, or deprivations for gross unsufferable public crimes. Fourthly, 4. the anointing of Christian Emperors and Kings is not very ancient; Charles the great being the first anointed Emperor if we t Titles of Honour, part. 1. c. 8. Sect. 1. believe Mr. Selden. The first anointed King in France, was Pippin about the year 750. the anointing of their v See Selden, Ibid. p. 148. 149. Clovis the first, about the year 500 with that holy Vial of never-decaying Oil (reserved at Rheimes to anoint their Kings) which they say a Dove brought down from Heaven to anoint him with, (a ridiculous Monkish fable, much insisted on by x Decreta Eccles. Gal. lib 5. Tit. 2. c. 1. 2, 3, 4, 5, 6. Mr. Selden Ibid. p. 148. 149. Bochellus and other Frenchmen, who relate the grand solemnity used in the carrying and recarrying of this fabulous Vial, at the French Kings Coronations) being not at his Coronation, as many fond mistake, but only at his baptism, as Mr. Selden manifests by pregnant authorities; The anointing of Kings is far more ancient in England then in any other Realm, y Ibid p. 149 150, 151, 152. as Mr. Selden notes out of Gildas; yet Egfert is the first of whose anointing there is any intimation in our Histories, about the year 790. To add to the holiness of which ceremony, some of our z Tho. Walsingham. in Initio, H. 4. See Selden. Ibid. p. 153. Monks in latter ages have forged a Legend (as good as that of the holy Viol at Rheimes) that the Virgin Mary gave to Thomas Becket, Archbishop of Canterbury (during his exile under Henry the second) a golden Eagle full of precious Oil, enclosed in a stone vessel, commanding him to preserve it: foretelling him, that the Kings of England anointed with this Oil, should be Champions of the Church, and bountiful, and victorious as long as they had this Eagle, & oil. How late the Unction of Kings began in other Realms, you may read at large in a Titles of Honour, part. 1 c. 8 Sect. 11. Mr. Selden; and how the later Kings of Judah were anointed, and with what unguent or Oil, the curious may read at leisure in b De Republ. Hebrae. l. 1. c. 14 Cunaeus. This anointing therefore of Kings being not of divine institution, of such puny date in most Realms, and no ways necessary nor essential to the constitution or Inauguration of any Christian King; can add no immunity, or privilege at all to the persons of Kings, much less exempt them from all forcible resistance, just censures, or deprivation itself, if there be just and real cause to proceed criminally against them in case of incorrigibility, as I have elsewhere more fully demonstrated, and therefore shall no further expatiate in this particular here: only I shall conclude with one notable History which proves it. I read in * Rerum Anglicarum, l. 3. c. 6. See Saxo grammaticus Dan. Hist. l. 8. p. 14● Gulielmus Neubrigensis; that for an hundred years' space and more, though there were a numerous succession of Kings in Norway, yet none of them ended his life by old age or sickness, but all of them perished by the sword, leaving the sovereign power of the Realm to their murderers, as to their lawful successors, so as to all those who are known to have reigned there for so long a time, that which is written might seem to have reference; Hast thou slain, and also taken possession? The Nobles of this Land out of a pious endeavour, desirous to heal this infamous mischief, obtaining now the vigour of a Law as it were through long custom, decreed, That the new King should be solemnly anointed with a mystical unction, and crowned, so as no man should dare from thenceforth to lay hands on the Lords anointed: For till that time none in that Nation hath ever been consecrated King after an Ecclesiastical manner, but whosoever had Tyrannically slain a King, put on the person and power of a King thereby, and left the same likewise after a little fortune to his murderer, by a law of inveterate custom, which verily, out of a certain Christian simplicity, was thought by many to have been therefore so frequently done, because none of the former Kings had deserved to be initiated with the solemnity of a Royal Unction. Therefore Haco being slain who had succeeded King Jnge slain by him, when the succession of the Crown seemed to belong to one Magnus a child, Nephew to Jnge, the Wisemen and Nobles of the Realm by a common Decree, caused the said child to be solemnly consecrated to be the Lords anointed, and crowned with a Diadem. By which deed they thought that they had a Prince made sacred to them, and that the disgrace of the ancient custom was thereby abolished. But when Magnus had reigned some few years in great prowess and happiness, a most infamous Priest Suerus, surnamed Birkebain, usurped a Tyranny, twice defeated Magnus by warlike stratagems, and at last utterly routed and slew him in battle; (notwithstanding his anointing) and usurping the Crown, renounced his holy orders, married a wife, and would have been crowned by the Archbishop of that Land; but he being a great man, would neither be moved with prayers nor threats, to anoint an exectable head with sacred Unction, for which he was banished the Country: at last after two great victories against two competitors who were slain, Suerus obtained the Royal Crown, with mystical Unction, by the hands of a certain Bishop compelled thereunto under pain of death, as it were secure by his frequent successes, from the uncertain end of a long prospering tyranny, etc. By which History it is evident, that it is but a childish simplicity to believe, that the ceremony of anointing Kings can of itself make Kings persons sacro-sanct, or preserve them from violence or assassinations, since it no way prevented this mischief in this Realm, (nor yet in any other) the very first King for whose personal safety this ceremony of anointing and crowning was introduced among the Norwegians and Danes, being not long after slain by his Subjects and competitor in battle. I shall close up this with the notable sentence of deprivation solemnly given and executed against Wenceslaus the Emperor, notwithstanding his anointing. The sentence of Degradation and Deprivation of the Emperor Wenceslaus King of Romans, Chronico Jacebi Con●shanti, & Germaniae Historicorum. Tom. 2. p. 180, 181, 182. pronounced by the Electors of the Empire in the year of our Lord. 1400. IN the name of God Amen: We John by the grace of God, Archbishop of the Church of Mentz, Arch-chancellor of the sacred Roman Empire throughout Germany, make known to all men present and to come. What various, manifold, and grievous, as well incommodities as discords, have for many years since been brought into the holy Church continuing even to this present, and daily sprouting up more abundantly to the most grievous convulsion, imminution, and dissipation of the sacred Roman Empire, (which ought to be a Garrison to the Church of God and the Christian world) as they cannot be all written, so the mischiefs daily increasing do manifestly enough teach and confirm. And for this cause the Lords Electors of the sacred Roman Empire, the ardent petitions of the holy Church, Princes, Nobles, Cities, Provinces, and Subjects of the sacred Empire, entreating, desiring a prudent Moderator, have long agone very often and seriously, together with us admonished the most illustrious Prince Lord Wenceslaus King of Bohemia, both by their own and their friend's labour, and finally by letters; and have diligently set before his eyes, privately and publicly, his unbeseeming and detestable manners and actions in governing, as also the defects, incommodities and discords of the said Church and Christian world, likewise the most grievous avulsions and diminutions of the members of the sacred Empire, hurtfully done, and permitted to be done, against the dignity of his name: to wit, that he hath not promoted peace in the Church, although the great necessity of the Christian world, as likewise his office of Advocate and defender of the Church, earnestly required it, and he hath also been frequently desired, required, and admonished to do it: he notwithstanding perniciously mutilated the Empire, and permitted it to be maimed in some members. In the number whereof are Milan, and the Province of Lombardy, which were of the right of the same Roman Empire, most ample emoluments returning thence to the Empire: in which Dominion the Milliner, like a Minister, enjoyed it as a part of the Roman Empire; when as He, contrary to that which became his sublimity and dignity, receiving money, created a Duke of Milan, and an Earl of Papia. Moreover, he hath alienated divers Cities and Lands belonging to the Empire, as well in Germany as in Italy, some whereof had returned to the same, having little consideration, that he ought to retain them with the sacred Empire. Moreover, he hath sold for money to his friends, very many naked and unwritten Parchments, ratified notwithstanding with the Seal of his Majesty; wherein it was lawful both for them and others into whose hands these Parchments came, to write what things they pleased under the royal Seal. Out of which thing, for the hurtful diminution and dissipation of the rights and emoluments of the sacred Roman Empire, great complaints are risen up. Moreover he never had any care of the controversies and wars, which (alas for grief!) have miserably afflicted and ruined Germany, and other lands of the sacred Empire. Hence spoilings, burnings, and robberies have sprung up, with such lamentable increases even at this day, that none, neither Clarks nor Laics, neither hasbandmen nor Merchants, neither men nor women, whether by land or sea, may converse in safety. Temples, Monasteries, and religious houses, which the sacred Empire ought with its hand to assist and defend, are exposed to rapines, and burnings, and reduced to destruction. Things are gone to this pass, that every one might have handled, and may even now handle another at his pleasure, against the reason of right and equity, without any fear of the sacred, and long despised Imperial authority, so as even the place of conventing any one, where the defence and patronage of right may be undertaken in the name of the Empire, is altogether unknown. Finally, which is horrible and dreadful to be spoken, both with his own hand, and the hand of other wicked instruments he hath with him, he hath put to death, drowned in the waters, burned in the fire, miserably and cruelly destroyed, the reverend Bishops of holy things, Priests, and spiritual Pastors, likewise many other men of honest note, against the rule of right, otherwise then became the King of Romans. Which mentioned things verily, and many other grievous wickednesses and damages are so divulged and openly known, that they can be no ways excused or concealed. Therefore we, as we have forewritten, have frequently very earnestly beseeched, admonished, and required him, that renouncing this unbeseeming kind of life, he would take the study and labour to himself, whereby he might recover to the holy Church, ofttimes imploring his aid, as King of Romans, and her Advocate, peace and tranquillity, and to the sacred Empire, its prestine honours, Dominions, and finally its emoluments; to the assistance and consolation of the Christian world, grievously debilitated and oppressed in this regard. Now albeit we have most clearly explicated to the foresaid Lord Wence●●aus, and exhibited to him in writing, these and other more grievous defects, concerning him as King of Romans, and the Empire; yet having heard his answers, and having reiterated our serious exhortations, moreover having communicated the business to the sacred Roman Sea, we have never as yet found him, to have amended his manners as became a King of Romans; namely to recover peace to the Church, principally necessary to the Christian world; also to the sacred Empire, its dignities, lands, and Dominions: a thing which is most notoriously known throughout all the Provinces of the Empire. Therefore because we could no longer neither conceal, nor endure the remembered and many other defects, touching the sacred Church and Empire, with grievous loss and mourning; by reason of the instant petitions of the persons aforesaid, but especially by reason of the Oath wherewith we are obliged to the same, as the next superior members of the sacred Empire; therefore as of bounden duty, we were to advise and endeavour how the sacred Empire might be more rightly and wholesomly provided for, (by whose mad and negligent administration those inconveniences have crept in) to the safeguard and consolation of the Christian world. And verily as He in obeying us, had performed an acceptable thing, so we have sufficiently and seriously called and cited him, so as we have signified to him; that unless he should be present at the place and day appointed, it would come to pass, that both in respect of the petitions exhibited to us, as likewise in respect of our Oath, we should be compelled to take and enter into such counsels, whereby the sacred Empire might be better settled: most clearly attesting it in our letters. For this purpose we appeared at the place and time prescribed, together with our Coelectors sufficiently summoned, also with the other Princes and of the sacred Empire, expecting from day to day, whether the foresaid Lord Wenceslaus would appear, to apply a remedy to the foresaid diseases, and from thenceforth more rightly to consult about the affairs of the sacred Empire. But he neither vouchsafed to appear, nor yet to send any one to us in the name of a Proctor. Wherefore when as by reason of so many pregnant and pernicious defects, we had admonished and reproved him very often in private and in friendly manner, but after that, when we could do no good, before the Princes and Nobles, and Cities of the Empire, in divers Assemblies, not without great and grievous expenses, yet without any fruit; therefore we referred all the forementioned things to the sacred Roman Sea. But when as neither then, he no whit regarded all those things, we could conjecture nothing else from thence, but that he had laid down the care both of the Church and Christian world, but especially of the sacred Empire. Therefore resolving, that this mischief, destructive to the whole Christian Republic, was by no means to be any longer borne and tolerated, with a mind well confirmed, after many and various debates and consultations, both between ourselves, as also with other Princes and Nobles of the sacred Empire, seriously had, for the safety of the Church, the consolation of the Christian world, the honour and profit of the sacred Empire, we have thought meet, that the foresaid Lord Wenceslaus, should at this time be wholly removed from the Roman sacred Empire and all its dignity, as one that is negligent and a destroyer of the Empire, and unworthy of it. Therefore we John, Archbish. in the name of the foresaid Lords Coelectors of the sacred Empire, and our own, moved both with the commemorated, as also with many other notable defects and causes, by this our sentence, which we give and pronounce by this our present writing, DEPRIVE and REMOVE the foresaid Lord Wenceslaus, a● an unprofitable, negligent waster, and unworthy Defender of the sacred Empire, from the foresaid Roman Empire, and from all his degree, dignity, and Dominions appertaining to the same: denouncing to all the Princes, Nobles, Knights, Gentlemen, Cities, Provinces and Subjects of the sacred Roman Empire, that they are altogether free from all homage and Oath made to the person of Wenceslaus in the name of the Empire: requiring and admonishing them under the faith of the Oath, wherewith they are obliged to the sacred Empire, that they do not henceforth, obey, and submit to the said Lord Wenceslaus, as the King of Romans, nor exhibit or suffer to be exhibited to him any right, obedience, tribute, rent, or any other revenue, b● what name soever it may be called; but reserve the said duties, for a profitable and idoneous King of Romans, hereafter to be substituted by God's gracious assistance. In assurance and testimony of all which things, We John Archbishop of Mentz, have caused this present Instrument to be made by the subscribed Notaries, in this patent form, and our great Seal to be affixed thereunto. This premised sentence was read and pronounced by us John Archbishop of Mentz, in our name, and the names of the Lords, Coelectors before remembered, under the Castle Lonstein at the Rhine, in the Diocese of Triers, reaching towards Brubachium, out of a public Throne, erected for the use of a Tribunal, the Lords Coelectors sitting there in judgement, in the year of our Lord's Incarnation, 1400. the eight indiction, on Saturday the twentieth day of the month of August, a little before the time of the Nones; in the eleventh year of the Papacy of our most holy Father and Lord in Christ, Lord Boniface the ninth, Pope, by divine providence; in the presence of the most illustrious Princes and Lords, John, son of the most illustrious Prince and Lord Rupert, Duke of Bavaria and Count Palatine of Rhine, Frederick Burgrave of Norimberge, the Noble Philip Lord of Nassau, and Sarbrucke, Emichon of Luringen, John of Zigenhaim, Cunrade Burgrave, our Canon of Mentz, Earls: Bernhard of Westerburg, John of Limpurge, Rinehard of Honowe, Barons: Mr. Nicholas Berwin of the sacred Page, John of Witenburg, and Nicholas Burgman, of the Decrees; Mr. Herman Precedent of Saint Geryon of Colen, Doctors of the Law likewise the valiant Knight Sigfride of Lindow, our Vice-Commander in Ringaugia; John Bossen of Waldeck, our Buggrave Beckelnheim; and our trusty Henry Rulman, of Dadenberg, Gerard of Emerberg, Lord in Lantscron, Frederick of Sachenheim, Culman of Coneren, John of Dalburg, Rudolfe of Zeissikon, as also many other Lords, Knights, and Gentlemen, spiritual and secular▪ standing by in great member, called and requested to the things above written. And I Nicholas Berchtoldi Fridberg, Clerke, public Notary of the Diocese of Mentz, by Episcopal and Imperial authority, and sworn Scribe of my foresaid most gracious Lord, Lord John Archbishop of Mentz, because at that time I was personally present when this sentence which we have fore-writ, was given and pronounced, together with the public Notaries and witnesses commemorated, and saw and heard all these things to be done; therefore at the command and request of my foresaid most gracious Lord of Mentz; have reduced this public instrument faithfully put in writing, into public form, and have subsigned and ratified it with my accustomed sign of Notariship, having likewise annexed the great Seal of my foresaid Lord of Mentz, in assurance and testimony of all th●● premises. The names of the Notaries are, Nicholaus Berchtoldi Fridburgensis. Joannes Meier junior Gasterveldensis. Conradus a Leiborn, Clericus, Padebornensis di●cesis. Henricus Stalberg Rotenbergensis. Tilmannus a Honberg. Conradus Coler Zustensis, Coloniensis diaecesis. Finally, it is evident; that the Nobles, Magistrates, Parliament, and representative body of the people, or some part of them in default of the rest, may lawfully take up defensive arms to resist their Princes, endeavouring to abrogate the Law of God, to waste the Church, and extirpate the true Religion settled among them by the Laws, and usher in Idolatry. And, that in such a case as this, neighbour Princes and States lawfully may, yea and aught in point of conscience, to aid the Subjects of other Princes, afflicted for the cause of pure Religion professed by them, or oppressed by open Tyranny. These propositions are largely and professedly debated by Junius Brutus in hisVindiciae contra Tyrannos: quaest. 1. 2. & 4. throughout, in the Treatise entitled De Jure Magistratus in Subditos, spent wholly in this Theme. Georgius Obrectus. Disput. Jurid. de Principiis Belli. Num. 125. to 199. by Vasquius. Contr. Illustr. 36. n. 30. and elsewhere, by Albericus Gentilis, and sundry others forecited: I shall only fortify the later part thereof, with the observation of the * Interest of Princes. Duke of Rhoan, who acquaints us; that it is, and hath been of later years the very true interest, honour, and greatness of the Kings and Queens of England, both in point of policy and Religion, to protect and assist with arms all Princes of the Reformed Protestant Religion, in France, Germany, and other parts; as it is the true interest of the Kings of Spain, to protect and relieve all oppressed or grieved Roman Catholics under the Dominion of other Princes: and that their honour, safety, and greatness principally consists in the observation and maintenance of this their interest: and with the words of Junius Brutus; who thus states and debates the Question. An Jure possint, Vindiciae contr. Tyrants, qu. 4. ●. 207. etc. aut debeant Vicini Principes auxilium ferre aliorum principum subditis, religionis causa afflictis, aut manifesta tyrannide oppressis? In defining this question (saith he) there is more need of conscience, than science, which would be altogether idle, if charity obtained its place in this world. But because as the manners of the times are now, there is nothing more dear or rare among men, than charity itself, we think meet briefly to discuss it. The Tyrants as well of souls as bodies; as well of the Church as Commonwealth of Realm, may be restrained, expelled, and punished by the people. Both these we have already proved by reasons. But, because such is the fraud of Tyrants, or such the simplicity of subjects for the most part; that they are scarce known before that they have spoilt; or these scarce think of their safety, till they have almost perished, and are reduced into those straits, out of which they cannot get out with their own forces, so as they are compelled to implore the aid of other; it is questioned, Whether they defending the cause of Religion or of the Commonwealth, of the Kingdom of Christ, or of their own Kingdom, other Christian Princes may lawfully assist them? And truly many, whiles they have hoped to increase their wealth by aiding the afflicted, have presently judged it to be lawful. For thus the Romans, Alexander the great, and many others, under pretext of suppressing Tyrants, have frequently enlarged their Dominions: and not long since we have seen Henry the second, King of France, to have made war with the Emperor Charles the fifth: and that under pretext of succouring and defending the Princes of the Empire, and of the Protestants too; as also Henry the eighth, King of England, was ready to aid the Protestants in Germany, to make work for Charles the fifth: But if any danger may be feared from thence, or little gain may be expected, then verily they must hear most Princes disputing, whether it be lawful or no? And as those under a pretext of piety, did cover either ambition or gain; so these pretend justice for their slothfulness; when as verily neither did piety exhort them, which seeks only the good of others, nor yet justice ought to dehort these, which looks wholly abroad, and is as it were, cast out of its own doors. Therefore, discharging both these, let us see first in the cause of Religion, what true piety, and what true justice may persuade. First, let it be agreed, that there is but one Church, whose head is Christ, and whose members so cohere and agree among themselves, that none of them; even the smallest can suffer violence or hurt, but the rest are hurt and suffer grief, as the whole Scripture teacheth. Therefore the Church is compared to a body. Now the body is ofttimes affected not only with the hurt of the arm, or leg, but even of the very the least finger, or perisheth with its wound. Therefore in vain may any one boast, that he is cordially affected with the safety of the body, who when he may defend the whole, yet suffers it to be torn and mangled limb after limb. It is compared to a building: Now, where mines are made against any part of the building, the whole building ofttimes falls down to the ground; and the flame which invades any part thereof endangers the whole. Therefore he should be ridiculous, who because he dwells in the cellar perchance, should delay to drive the flame from the top of the house: He should be scarce in his wits, who would not prevent mines with countermines, because they are made against this wall, not against that. It is also compared to a Ship: Now the whole Ship is endangered together, the whole perisheth together: Therefore those are equally safe who are in the fore part, as those who are in the puppe; those who are in keel, as safe as those in the shrouds, if the storm rage: when verily even in the common proveb, those who are conversant in the same danger, are said to be in the same Ship: These things laid down, verily he who is not moved with its grief, burning, tossing, is not of that body, is not accounted of the family of Christ, hath no place in the Ark. Yet he who is but a little moved, ought no more to doubt, whether he ought to aid the afflicted members of the Church, then whether he may help himself, since in the Church all are one; but rather every one is bound in his place to afford his help and assistance to them; and so much the more help, by how much the more riches he hath received from God, not so much to be possessed, as expended. This Church as it is but one, so likewise it is universally and entirely committed, commended to all Christian Princes severally: For because it had been dangerous to commit the whole Church to any one; and to commit the several parts thereof to particular persons, had been clearly contrary to its unity; God hath committed all of it to every of them, and its particular parts to any of them: Nor yet so, as that they should only defend it; but also, that they should have a care to propagate it, as much as they are able. Therefore if the Prince of the Country, takes care of one part thereof, perchance the Germane or English; but yet deserts and neglects the other oppressed part, if he be able to relieve it; he is judged to have deserted the Church, since the spouse of Christ verily is but one, which he ought to defend and protect with all his might, lest it should be violated or corrupted any where. The instauration of this universal Church as private men are bound to promote with bended knees, so Magistrates, I say, are obliged to do it with their feet, hands, and all their strength. Neither is the Ephesian Church one, the Colossian another, and the rest; but all these particular Churches are parts of the universal; now the universal is the Kingdom of Christ, which all private men ought to desire; but Kings, Princes, Magistrates, are bound to amplify, dilate, defend, and propagate every where, and against all whomsoever. Therefore among the Jews there was one only Temple built by Solomon, which represented the unity of the Church. Now he should be a ridiculous Churchwarden, and to be punished, who should take care only to preserve one part safe and sound, but suffer the rest to fall to decay; likewise all Christian Kings when they are inaugurated, receive a sword, of purpose to defend the Catholic or universal Church; which taking into their hand, they point out all the quarters of the world, and brandish it towards the East, West, South and North, lest any part thereof should be thought excepted. Since than they receive the protection of the Church in this manner, without doubt they understand the true, not false Church. Therefore they ought to do their endeavour to defend, ● Chron. c. 31. and to restore entirely, that Church, which they profess to be true and pure. Now that thus it was observed by pious Princes, examples may teach us. In the time of Hezekiah King of Judah, the Kingdom of Israel was long before enthralled to the King of Assyria, to wit, from the time of King Hoshea: therefore if that Church of God only which is in the Kingdom of Judah, and not also the universal, had been committed to Hezekiah; and if the bounds of the Realms had been to be kept in defending the Church, in the same manner as they are in imposing tribute; without doubt Hez●kiah, especially at that season wherein the Assyrians enjoyed the Empire of the world, would have contained himself: But we see that he invited by posts all Israel, the subjects, I say, of the King of Assyria, to celebrate the passover in Jerusalem; and moreover that the godly in Israel helped them in pulling down the high places, even in the territories of Ephraim, Manasses, and the rest. So likewise we read that King Josiah, a most godly Prince, purged not only his own Kingdom, but the Realm of Israel likewise, 2 King 22. then wholly subject to the King of Assyria, from the worship of Idols. 2▪ Chron. 34. 6. 7. & 35. Verily where the glory of God, where the Kingdom of Christ are in question, no limits, no bounds, no rails ought to exclude or keep off the zeal of pious Princes. But if peradventure some greater fear hangs over their heads, they may remember by the example of these, that those who truly fear the Lord, can fear no man. These examples of pious Princes, since the time that the Church, which was first circumscribed in Palestina, hath been spread over all the world, many Christian Princes have followed: Constantine and Licinius were both Emperors, he of the East, this of the West: they were likewise colleagues endued with equal power: Now it is known, what is commonly spoken; That one equal hath no Empire over another equal: Yet notwithstanding Constantine made war with Licinius: who being vexed, slew the Christians, and among them many of the Nobles, either for the cause, or for the pretext of Religion; by force obtains free profession of Religion for the Christians; and finally breaking his faith, and reverting to his pristine cruelty, he commanded him to be put to death at Thessalonica. This I say did Constantine the great, whose piety is so much celebrated by the Divines of that age, that some of them will have that spoken of him, written in the Prophet Esay; That Kings should become nursing fathers and Pastors of the Church. He being dead, the Roman Empire was divided between both his sons by equal right, no prerogative being annexed to either of them. Of them, Constans fostered the Orthodox, Constantius the elder, the Arrians; and he verily expelled Athanasius the enemy of the Arrians, out of Alexandria. Truly, if any rules of bounds ought to have been kept, it ought to have been between brethren: Yet in the mean time Constans threatened his brother, if he restored not Athanasius; being ready to do it by force, unless Constantius had speedily restored him entirely; Now if so be he doubted not to do this, only for the restoring of one Bishop, might he not much more justly do it, where some part of the people is oppressed, when they implore assistance, when they desire to defend their Religion by the Nobles approbation? Sozom. l. 7. c. 〈◊〉 So likewise Theodosius, by the persuasion of Bishop Atticus undertook a war against Chosroes King of Persia, that he might relieve the Christians persecuted for Religion sake, although they were truly private men, which surely those most just Princes, who enacted so many Laws, and who had so great a care of Law, had never done, if they had imagined, that by this their Act others territories and the Laws of Nations had been violated. Yea, to what end were so many expeditions of Christian Princes into Syria against the Saracens; to what end were those Saladinian Dimes so oft imposed; to what end so many social wars against the Turks, so many Crossadoes indicted against them, if it be not lawful for any Christian Princes, even the most remote, to free the Church from Tyranny, and Christian captives from the yoke of bondage? Now with what arguments were they impelled to the war, with what reasons were they urged unless these, that the Church was one? that Christ called all whatsoever from all quarters to this service? that common dangers were to be repulsed with common arms? all which likewise do plainly suit with this our cause. Now and if this were lawful for them against Mahomet; yea, not only lawful, but likewise as a reward was appointed to the industrious, so a punishment both to the slothful, and delayers; why not also against the enemy of Christ? If I say, against the Grecians besieging our Troy; why not also against Sinon the incendiary? Finally, if it be a pious act to free Christians from bodily servitude, (for the Turks compel no man to it) is it not much more so, to manumit the souls of miserable men, and to restore them to liberty? And verily these so many examples of pious Princes may be instead of a Law. But now hear what God himself by the mouth of his Prophets doth every where threaten against those, who promote not the instauration of the Church, or neglect its affliction. The Gadites, Reubenites, Numb. 32. and half Tribe of Manasses, desire of Moses that their portion might be given to them and their families on this side Jordan: Josh 4. 7 12. and Moses truly gave it them; Deut. 3. 20. but with this Law and condition; that they should not only help their brethren, the other Israelites, in conquering the Land of Canaan, but, because they had first obtained their portion, that they should go before them, and be placed in the forefront of them: Which if they should not do, he accurseth them, smites them with anathema, and compares them to those who had been judged Rebels at Cadesbernea: For what? saith he, shall your brethren go to war, and you in the mean time sit still here? But rather you shall pass over Jordan, neither shall you return again hither to your houses before that God hath expelled his enemies from before his face, and given rest to your brethren, as he hath given unto you: Then verily you shall be innocent before the Lord of Israel; verily those on when the great and good God hath bestowed so great a benefit, unless they assisted their Brethren, unless they were companions of their labours, unless they went before them, should without doubt receive most grievous punishments. Likewise, Judg. 5. when under the conduct of Deborah, those of Nephthali and Zebulon had taken up arms against the Tyrant Jabin, and in the mean time the Tribe of Reuben, which ought to be first in Arms, delighted themselves with the Pipes among the Pastures of the flocks, Dan boasted of the Empire of the Sea, Asher finally trusted in the asperity of Mountains, all of them are most expressly condemned by the Spirit of God, speaking by the Prophetess; Curse ye Meroz, saith the Angel of the Lord, curse ye bitterly the Inhabitants thereof, because they came not to the help of the Lord against the mighty. 2 Sam. 11. 11. But blessed above women shall Jael the Wife of Heber the Kenite be, who (although she might have pleaded a truce with the heathens) yet notwithstanding she slew Sisera, the Captain of the enemy's Host. Therefore piously spoke V; riah, The Ark, and Israel, and Judah abide in tents, and oft times pass the night without sleep in the open fields; shall I then feast with my Wife, eat, drink, and follow my pleasures? As the Lord liveth, I will never do this. Amo● 8. Contrarily the Princes of Israel did impiously, who trusting in the difficulty of the mountains of Samaria, and in the munition of Zion, flowed with luxury, feasted, drank, slept on beds of Ivory, anointed their heads; but in the mean time wonderfully despised contrite, cruciated, afflicted Joseph, neither were any way moved with his affliction. Therefore saith the Lord of Hosts, I abhor the excellency of Jacob, and hate his palaces; I have sworn by my soul that I will deliver up the City; and all that is therein, yea, these who so greatly rioted shall soon go with the first into captivity. Impiously also did the Ephramites, who did not only not gratulate Gideon and Jephtha, Judg. 8. ● 12. attaining the victory and triumphing, but likewise envied them, though yet they deserted them when they were in danger. Likewise the Israelites, who when David reigned, cried out; saying: Behold we are thy flesh and thy bones; 2 S●●. 5. when he was reduced into straits, said: We have no part in David, nor in the Son of Jesse. Impiously do all those Christians only in name, who will communicate in the sacred feasts of the Church, and yet will not so much as taste the cup of bitterness with their Brethren, who seek salvation in the Church, and yet take no care for salvation and safety of the Church and of its Members. Finally, they acknowledge one Father, God; one Family, the Church; profess themselves to be one body in Christ; yet neither yield any aid to Christ afflicted in his Members, or bestow their wealth on him being poor. What think we shall be the future punishment of their impiety? Numb. 31. Moses compares the deserters of their Brethren, to the Rebels at Kadesbarnea: now none of those by Gods own decree, entered into Canaan. Therefore they can seek no place for themselves in the celestial Canaan, who assist not Christ most miserably crucified, and dying a thousand times every day, and implores as it were their help from door to door. Christ himself condemns those to eternal fire, who harboured him not when he was a stranger, who fostered him not when he was a cold, who clothed him not when he was naked, Matth. 25. who relieved him not when he was poor, who freed him not when he was captive. Therefore they ought to know, that eternal fire is prepared for them, who pass him by with a deaf ear daily, suffering such things, as though in the mean time they may seem to work great miracles; and therefore verily it shall be easier for certain infidels, than for them; For what do the Jews, the Scribes and Pharisees properly crucify Christ? Do the Ethnics, Turks, finally some Christians, persecute, crucify, vex Christ in his Members? The Jews profess and believe him an Imposter; the Ethnics a malefactor; the Turks an Infidel; others an Heretic. Therefore if they consider the mind of them all, from whom we commonly measure the crime, they all seem to persecute noxious, impious men deserving punishment, not properly to slay Christ; But they only do truly prosecute, truly slay him, who willingly suffer him whom they profess their Me●siah, Redeemer, God, to be tortured and crucified in his Members, when they might hinder it. In sum; he who delivers him not from death, August. in Psal. 82. Ambr. l. 1. de office Gratian in Decret. when he may, is equally guilty with him that slays him: For because he would not help him, he willed he should be slain; Now in a crime the will itself ought to be regarded. But certainly, the murder, especially of Christian Princes, who help not those who are persecuted for Religion, is so much the more grievous, by how much the more they slay, whom they might set free, and by how much it is more wicked to slay a brother, than any other person. A wickedness more horrid than that of the Tyrants themselves; by how much it is worse to slay a good, just, pious, innocent man, than a Thief, imposter, sorcerer, Heretic; more flagitious to assault God, than any man: and finally, by how much perfidiousness in an equal fact exceeds ignorance. But whether shall it be lawful to determine the same of those, who give no assistance to those who are oppressed with Tyranny, or defend the Republic against Tyranny? since a reason cannot be given of so straight an alliance, of so strict a Covenant; when as, I say, we do not here discourse of the Church, which is but one of all men; which being one and universal, is committed to every one; But of the Republic, which may be different from that of others; and being different, is committed severally to others? A Neighbour, saith Christ, is not a Jew to a Jew only, but to a Samaritan, and to any man. Now we ought to love our Neighbours as ourselves. Therefore a Jew, if he would discharge his duty, is bound to deliver from a thief, if he be able, not a Jew only, but likewise every stranger, yea likewise one unknown. Neither will any one dispute, whether it be just to defend himself; seeing verily it is more just to defend another than himself in this respect, wherein things are more just, which mere charity doth, than those which either anger, or revenge, or other perturbation of the mind do: and no man holds a mean in revenging his own injuries; but in other men's, although more grievous, ●icero l. 1 & 3. Offic. even the most immoderate may hold a mean. But we may learn from the heathens themselves, what humane society, and what the common nature of all men require of us in this thing. For Cicero saith, there is one nature of all men; that even nature itself prescribes this, that a man ought to take care of a man, who ever he be, even for this very cause, that he is a man. If otherwise, all humane consociation must necessarily be dissolved. Therefore, as there are two foundations of justice: first, that no hurt be done to any; next, that the profit of all, if it may be done, be advanced: So also there are two kinds of injustice; one of those who offer injury; the other of those who propulse not wrong from those to whom it is offered, if they be able. For he who doth unjustly against any one, incited either by anger, or other perturbation, he seems as it were to offer violent hands to his companion; but he who doth not defend, or resist an injury if he can, is as much in fault, as if he deserted either his Parents, or Friends, or Country. So that what the one doth, anger is judged to do, which is reputed a short fury; what the other, an evil mind truly, which is a perpetual tyranny. And however his fury may be excused, the others destinated counsel can by no means be excused. Thou wilt say, I fear that while I repulse an injury from him, I should do an injury to the other. Yea verily, thou wilt cover thine injustice with a pretext of Justice; Whereas if thou consultest with thyself, not justice moves thee to desert thy duty, but rather some other cause. For as he saith in another place, either thou wilt not undertake enmities, or labour, or cost; or else thou art so hindered with negligence, slothfulness, idleness, or with thy studies, or certain employments, that thou sufferest those to be deserted, whom thou oughtest to protect. But while thou sayest, thou dost thine own business, lest thou mightest seem to do wrong to any, thou runnest into another kind of injustice. For thou desertest the society of life, because thou bestowest on it nothing of thy study, nothing of thy pains, nothing of thy goods. These things Ethnics, Philosophers, and Politicians hold, truly more piously than many Christians in this age. 〈◊〉. Sic. ●. 2. c. 2. Hence a neighbour is bound by the Laws of the Romans, to take away a servant from a cruel Master. But among the Egyptians, he who had casually found a man to be beaten by Thiefs, or to suffer any injury, and had not rescued him, if he could, was guilty of death: if not, he was bound to accuse the Thiefs before the Magistrate: Which if he had neglected, he was beaten with a certain number of stripes, and punished with a three days fast. Now if this verily be lawful in one neighbour towards another, yea, lieth upon him out of duty to assist every one he meets against a Thief; shall it not be much more lawful to a good Prince, not only to aid and patronise servants against a raging Master, or children against a furious Father; but a Kingdom against a Tyrant, a Republic against the private lust of one man; a people, a Lord, I say, against a public servant and agent? Yea, verily, if he shall neglect it, shall not he merit the name and punishments of a Tyrant, as the other of a thief? Hence Thucydides saith, Thucyd. ●. 2. Not only those are tyrants who reduce others into servitude, but much rather those who when they may repulse that violence, take no care to do it: but especially those who will be called the defenders of Greece and the Common Country, but yet help not their oppressed Country: and rightly; for a Tyrant is in a sort compelled to retain violently the Tyranny which he hath violently invaded; because, as Tiberius said, he seemeth to hold a Wolf by the ears, which he cannot retain without force, nor yet let go without danger. Therefore that he may extinguish one crime with another, he commits many wickednesses, and is compelled to injure others, lest he should be injurious to himself. But that Prince who idly beholds the wickednesses of a tyrant, and the ruin of the blood of innocents' which he may hinder, because he doth as it were take pleasure in the gladiatory sport, is by so much more criminous than the Tyrant, as he who sets sword-players to fight, is guiltier than the manslaying Gladiator; as much as he who slays a man for pleasure sake, is more criminous than he who doth it by constraint, Object. or out of fear or necessity. If some oppose; But it is a fault for any to intermeddle with, or thrust himself into another's business: Answ. Terentian Chromes may answer; I am a man, I think no humane thing strange unto me. If others (that they may seek lurking holes for their impiety) object; Pompon de reglur deg. 36. that there are distinct limits, distinct jurisdictions; now it is not lawful to thrust a sickle into another's Corn: Neither truly do I advise, that by this pretence thou shouldest invade another's territories, usurp another's jurisdiction to thyself, draw thy neighbour's corn into thine own floor, which most do under this pretext. Cic. 2. Offic. I do not say, that by the example of that arbitrator, of whom Cicero, thou thyself shouldest judge the thing controverted to thyself; but rather that thou shouldest restrain a Prince invading the Kingdom of Christ, contain a tyrant within his limits, stretch out an helping hand to an afflicted people, and a prostrated Commonweal; But thou must do it in such sort, that thou mayest not look after thine own profit, but the good of humane society altogether. For since Justice wholly looks abroad, injustice only regards itself, thou shalt at last do this justly, if thou shalt have no regard of thine own profits. Briefly, if a Prince violently passeth over the fixed limits of piety and justice, a neighbour may piously and justly leap over his limits, not that he should invade another's, but that he should bid him be content with his own: yea, he shall be impious and unjust, if he neglect it. If a Prince exercise tyranny over the people, he may no less, or less slackly assist them, than him, if the people should move sedition: yea, he ought to do it the more readily, by how much it is more miserable, that many suffer, than one. If Porsena reduce Tarquin the proud to Rome, much more justly may Constantine, sent for by the people and Senate of Rome, expel Maxentius the Tyrant out of the City. Finally, if a man may become a Wolf to a man, nothing truly forbids, but that a man may be a God to a man, as it is in the Proverb. Therefore antiquity hath enroled Hercules among the number of the gods, because he punished and tamed Procrustes, Busyris, and other Tyrants, (the pests of mankind, Cic lib. 2. Offic. and monsters of the world) in every place. So also the Roman Empire, as long as it stood free, was often called, The Patrociny against the Robberies of Tyrants, because the Senate was the haven and refuge of Kings, People, Nations. So Constantine sent for by the Romans against Maxentius the Tyrant, had God the Captain of his Army, whose expedition the Universal Church exalted with powerful praises; when yet Maxentius had the same authority in the West, as Constantine in the East. Likewise Charles the Great, undertook a War against the lombards, being called by the Nobles of Italy to their aid, when as yet the Kingdom of the Lombard's was long before established, and he could claim no right to himself over them. Likewise, when Charles the Bald King of France, had by Tyranny taken away the Precedent of that Country, Joan. Avent. in Anal. Boyorum. which lieth between Seine and Liger, Duke Lambert, and Jamesius, and the other Nobles of France had fled to Lewis King of Germany, Charles his Brother by another mother, to crave aid against Charles and his mother Judith, a most wicked Woman: He in a most ample Assembly of the German Princes, heard these suppliants, by whose unanimous Counsel, a war was publicly decreed against Charles, for to restore the exiles. Finally, as there have been some Tyrants in every place, so likewise among all Historians there are every where examples extant, of tyranny revenged, and people defended by neighbour Princes; which the Princes now at this day ought to imitate, in curbing the tyrants both of bodies and Souls of the Republic, and of the Church of Christ, unless they themselves will be named Tyrants, by a most deserved right. And (that we may at last conclude this Treatise in one word) piety commands the Law of God to be observed, and the Church to be defended justice, that Tyrants and the subverters of Law and the Republic should be kerbed; charity, that the oppressed should be relieved, and have a helping hand extended. But those who take away these things, take away piety, justice, charity from among men, and desire them to be altogether extinguished. So he: If this than be an irrefragable verity, that foreign States and Princes are so far obliged to assist and relieve those of the same Religion, and all others whose liberties, rights, privileges, are forcibly invaded * See Speed & Cam●dens History of Queen Eliz. Metormus and Grimstons' Histories of the Netherlands. The Noble Acts of Prince Maurice of Nass●u and the Bills of Subsidies in Qu. Eliz. King James, & King Charles his reign. (which our Parliament and State by their assistance, if the Netherlands and other Protestant States, both in Quaene Elizabeth's, King James, and King Charles his reign, approved and justified both by words, Acts of Parliament, and real performances) then certainly those of the selfsame Church, Nation, Kingdom, and fellow Subjects, under the selfsame Prince, between whom there is a far nearer relation, much stricter obligation, and more strong engagements, ought mutually to aid and assist each other to the uttermost of their abilities, when their Religion, Laws, Liberties, be violently invaded, their dearest native Country wasted, sacked, plundered, burned, ruined, in a hostile warlike manner, with open force of Arms, either by the King himself, or a prevailing Malignant Popish faction, who have surreptitiously possessed themselves both of his person and affections which they have gotten into their own overruling power. How much then it now concerns every real Protestant within this Realm of England, and all other his Majesty's Dominions to unite all their common forces together, unannimously to protect, defend, maintain, and propagate our established reformed Religion, fundamental Laws, Liberties, the very Privileges of Parliaments, their estates, liberties, lives, the peace, welfare, and common good of their dearest native Country, and our three united Realms against all Popish Malignant forces now in arms to invade, eclipse, impair, subvert, sack, ruin them; and how monstrously, unnaturally, unchristianly, and detestably impious, treacherous, perfidious, all those English, Irish, and Scottish Protestants proclaim themselves to the present and future age, who now traitorously join their forces with the Malignant Popish party, or prove uncordiall, false, treacherous, and perfidious to their Religion, Liberties, Country, and the Parliament (who have not only waged, employed, but confided in them) and contribute their uttermost endeavours to betray, enslave, undermine, and to sack, burn, and totally overturn them (as many we find have done to their eternal infamy) I here refer to every man's judgement and conscience seriously to determine. Certainly such unnatural monsters, such traitorous Judasses', such execrable infamous Apostates as these, can expect no other real remuneration of this their treachery and perfidiousness, but the ruin of their credits, the detestation of their persons, memories; the confiscation of their estates, the extirpation of their families, the execrations of all good men, the severest judgements of God, and utter confusion with horrors of conscience tormenting them constantly day and night, whiles they continue languishing under all these miseries here, and the sharpest torments, the very largest dangers, the hottest flames in hell for ever hereafter: and those Antichristian Papists who now are and have been so faithful, active, zealous, courageous, industrious, liberal, bountiful, if not prodigal to prosecute their own interests, designs, to maintain and propagate their false, erroneous, detestable Religion, superstitions, idolatries, both in England and Ireland with the effusion of their blood, expense, and forfeiture of all their estates, and never yet deserted, or became treacherous to their false execrable cause or Religion in the least degree, shall all jointly rise up in judgement against them both here and hereafter to their sempiternal infamy, reproach, and most just condemnation. O consider this all ye who now so much forget, neglect, betray both your God, your Christ, Religion, Laws, Liberties, Country, Parliament, yea your very selves, your souls, bodies, and posterities; Consider with yourselves the bitter curse denounced by God himself against Meroz, Judg. 5. 23. Consider the fatal, dismal end of treacherous Juda●, Matth. 27. 3. 4, 5. Acts 1. 18. 19, 20. Consider that dreadful speech of our Saviour Christ, Mark 8. 35▪ 36, 37, 38. Whosoever will save his life shall lose it, but whosoever shall lose his life for my sake and the Gospels shall save it. For what shall it profit a man if he shall gain the whole world and lose his own soul? or what shall a man give in exchange for his soul? whosoever therefore shall be ashamed of me and of my word, in this adulterous and sinful generation; of him also shall the son of man be ashamed when he cometh in the glory of his Father, with the holy Angels. * 2 Tim. 2. 12. If we suffer with him, we shall also reign with him; if we deny him, he will also deny us: If we be but fearful in the cause of Christ, we shall be sure to have our part in the lake that burneth with fire and brimstone, Rev. 21. 8. O what then will be our portion, if we be unzealous, negligent, perfidious to it, or professed enemies (especially in open arms) against it, when it cries out to us for our necessary assistance every where? If Jesus Christ will render tribulation to them which do but trouble his people; yea, and shall be very shortly revealed from Heaven, with his mighty Angels, in flaming fire, taking vengeance on all them that (only) know not God, and that obey not the Gospel of Jesus Christ, who shall be punished with everlasting destruction from the presence of the Lord, and from the glory of his power, 2 Thes. 1. 6. to 10. O where shall all those ungodly sinners, Rebels, and Traitors appear, who now every where murder, plunder, persecute, extirpare God's dearest Saints; and not only refuse to own, but even desert, betray the cause of God and their Country? who refuse not only cordially maintain the very truth of God, the Gospel of Christ, and which themselves in show not only pretend to know, but profess; but also join with Papists, and Malignants openly to fight against, and totally to suppress it? Certainly if judgement shall begin at the house of God itself, as now it doth, and if the righteous who defend the cause of God and the Kingdom shall scarcely be saved, what these men's dreadful end, and judgement at last shall be, transcends my thoughts to conceive, my expressions to relate; all I can say is this, it will be superlatively miserable and grievous, that eternity of incomprehensible torments will only be able to demonstrate the infinity and execrableness of their sin. O then let all of all sorts consider seriously of this, and all the premises, and the Lord give them understanding and grace to keep a good conscience, and discharge their several trusts and bounden duties faithfully, cheerfully to their God, Religion, King, Country, and the Parliament in all things, that so they may enjoy the honour, comfort, benefit, of all their faithful endeavours to defend, promote, and propagate Religion, Laws, liberties, and the public welfare here; and the Crown, the full guerdon of them hereafter; and poor bleeding, dying England and Ireland may now at last attain that speedy, holy, lasting, honourable, blessed peace and unity, which all good men cordially pray for and endeavour; which doubtless had been easily effected long ere this, had we all been faithful, true, real to the public cause of God and our Country in our several places, and not faithlessely betrayed, but sincerely discharged the several trusts reposed in us to the uttermost of our powers: the readiest means to re-establish and perpetuate our pristine tranquillity: which I humbly beseech the God and Prince of peace effectually to accomplish in his own due season, before our whole three Realms become a desolate Wilderness, an Accheldama, a Golgatha, as many places of them are already, and more like to be, if the extraordinary mercy of our ever-gracious God, prevent not the mischievous long plotted conspiracies, malice, rage, treachery, of unnatural, and deceitful men. FINIS. This Oath should have come in the Appendix, page 73. line. 17. The Oath of CHARLES, King of Navarre at his Coronation, An. 1390. recorded in the general History of Spain, l. 17. p. 625. 626. WE D. CHARLES by the grace of God, King of Navarre, etc. do swear unto our people of Navarre upon the holy Evangelists touched by us, and to the Prelates and rich men of the Cities and good Towns, and to all the people of Navarre, for all your Rights, Laws, Customs, Freedoms, Liberties, and Privileges, that every one of them as they are, shall be maintained and kept to you and your successors, all the time of Our life without corrupting them; bettering, and not impairing them, in all, or in part: and that the violence and force which hath been done to your Predecessors, whom God pardon, and to you by Us, or Our Officers, We shall hereafter command it to cease, and satisfaction to be made according unto right as they shall be made manifest by good men of credit. After which the Deputies of the State swore, in their own names, and for all the Realm; faithfully to guard and defend the King's person, and their Country; and to aid him, to keep, defend, and maintain the Laws and Customs, with all their power. Errata, and Omissions in some Copies. Part. 4. p. 1. l. 26. it, is, p. 9 l. 39 c. 33. p. 27. l. 13. private, public, p. 28. l. 7. other 31. pugnae. Appendix p. 2. l. 3. parallel, p. 4. l. 14. them, the people, l. 34. & p. 5. l. 29. Maximus, p. 8. l. 1. Polieuctus, p. 39 l. 26. deal, in the, p. 41. l. 41. other, p. 44. l. 40. retired, p. 50. l. 44. the hand, p. 54. l. 1. Cara, Lara, p. 55. l. 41. Pacensis, p. 59 l. 27. deal the, p. 66. l. 34. years, p. 79. l 12. deal cite, l. 3. Mariana, p. 129. l. 2. add 2 Chron. 22. 1. And the inhabitants of Jerusalem made Ahaziah his youngest son King in his stead, l. 18. confirmed, p. 145. l. 2. not from it to, p. 147. l. 20. in some sense in private ●ases, p. 150. l. 23. pem, patu, p. 153. l. 14. Canarvanius, p. 162 l. 7. received, renewed, p. 162. l. 28 Horomani Francogal. 38. Vindiciae, p. 163. l. 2. revocable, l. 3. Historical, l. 19 Cuiacius, l. 23. usufructuary, l. 35 deal the, p. 166. l. 14. to, do, l. 19 deal to, l. 21. foundations, p. 167. l. 7. is an, p. 169. l. 26. Caracalla, p. 170. l. 41. 2. secun. qu. p. 171. l. 22. in Law, p. 172. l. 27. fealty to, p. 173. l. 8. adjuvante, l. 15. rapacitates, p. 174 l. 4. if, it. p. 177. l. 15. preserve, l. 32. and. l. 35. goods, p. 186. l. 15. 16. forcibly resist, p. 187. l. 2. so, to, p. 190. l. 31. 206. p. 193. l. 1. converseth, p. 196. l. 33. less. In the Margin. p. 42. l. 2. Dauleny, p. 60. l. 4. Leges, l. 9 Aimoin. l. 12. Jure, p. 85. l. 2. 850. p. 152. l. 1. Arnnales, Gil. p. 168. l. 19 Rex. part 1. p. 12. l 15. third. read, second, p. 29. l. 44. through, p. 45. l. 24. l. 3. p. 48. l. 15. Britan●● 〈◊〉. 26. privatave, p. 56. l. 16. reputing them, p. 75. l. 25. responum, p. 93. l. 38. Duairus, p. 100 l. 33. Raynerius l. 3. 8 Albericus. Part 2. p. 59 l. 3. perfidum. Part 3. p. 143. l. 25. natural, national.