Nephews of the kingdom saying That it was fit that he who was a Knight and learned to govern a Realme were it in warre or peace should raigne after his Father rather then his Nephews sons of his eldest brother who were every young having need of Regents and Governours 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 hazzard of the Estate After which Don Lope Diaz of Haro pressed the King to declare Don Sancho his sonne his successour in the Realmes of Castile Toledo Leon and other places being his eldest sonne then 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 heire to the Crown after his Fathers 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 binde the King much lesse the Estates to leave the Realme more to one sonne 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 fathers person should in that respect be preferred before the Vncle Hereupon Queen Violant and Blanche widow to Fernand were so much discontented with the Decree of the Estates disinheriting the eldest brothers sonnes as taking the young children with them they departed out of Castile 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 Moores of Granado against his Father and by assent of his confederates took upon him the Title of Regency of the Kingdome of Castile and other his Fathers dominions refusing the Title of King during his Fathers life time who was forced to pawn his royall Crown and Iewels to Iacob Abin Ioseph a Moore King of Morocco who aided him willingly against Don Sancho After which in an Assembly of the States at Cordova with the advise of the Noble men and knights of Castile 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 Realmes for murthering his brother Don Frederick and burning Don Rues unjustly without any forme of justice or orderly proceedings the breach of the rights and priviledges of the Nobility and the excessive wasting of the treasure of the Realme Vpon this there arose bloody Warres between the Father and sonne and in the yeere 1282. Alphonso was so vexed with his sonnes proceedings that hee pronounced in the presence of many men of ranke both Clergie and Laity in the City of Sevill The curse of God and his upon Don Sancho a sonne said he disobedient rebellious and a parâ—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 enioying his Fathers kingdomes after his decease in Title as he did before in act and dying king of Castile his heires succeeded him in that Realme as lawfull heires thereunto Don Pedro the third king of Arragon about the yeare 1283. had many controversies with his Nobles and knights who complained much of his sower disposition and tyrannous manner of Government insulting over the greatest yea against his own blood contrary to all Law and nature Wherefore being ill intreated by him in their freedomes whereof the Townes and Commonalties of his Countries did also complain the Nobility Knights and Gentry for preservation of their Liberties made a Vnion together among themselves and with the people promising and swearing to let the King and his sonne Don Alphonso who was his Lieutenant Generall understand that if they did not contain themselves within the limits of the Lawes of the Country they would withdraw themselves from their obedience and declare themselves enemies and pursue them by armes that should seek to break them The king hereupon called the Estates to Tarrasone and afterwards to Saragossa where he intreated promised and did all what he could to break this Vnion but he was forced to yeeld and granted to the Arragonians the priviledge they call Generall whereby their Liberties which had been somewhat restrained were again restored the ancient manners of the Country and customes of their ancestours put in practise 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 traffique thereof was made free by the Estates And the king refusing the judgment of the Iustice Maior of Arragon deposing Pedro Martines Artassone who then exercised it from his Office the Estates soon after at an assembly at Zutaria fortified it with stronger Laws deeming the Iustice of Arragon to be a lawfull Iudge 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 Iustice Maior and whatsoever should be concluded by the Estates the Deputies and Councellors having given their suffrages I read in Hieronimus Blanca that about the year 1212. the Arragonians taking it ill that their Liberties gotten with their blood should so many wayes be subverted as then they were by King Pedro the first raised up the Name and forces of a Vnion that with one force and the consent of all one minde 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 Priviledges of the Vnion under King Alphonso the third are said to spring from thence Don Alphonso king of Aragon succeeding Pedro Anno 1286. he was admonished by the Estates Ambassadours to come speedily to the Assembly at Saragossa where having sworn and promised the observation of the Customs Rights and Priviledges of the Countrey and received the Oath of fealty from the Deputies he might lawfully take upon him the Title of the King of Aragon the which they said he might not use before this Act and Ceremony according to the ancient customs of Aragon Vpon 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 Kings house the Noblemen and Deputies of the Estates of Aragon maintaining that the conusance thereof was incident
unto the King of Spaine as Lord of these countries or of that whereby they may be bound unto him And for the above-named 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 Aniou and Alanson c. upon certain conditions contracted and accorded with his Highnesse and that the Archduke of Austria Mathias hath resigned into our hands the government generall of these Countries the which hath been accepted by us We enjoyn and command all Iudges Officers and all others to whom it shall appertain That hereafter they forbeare to use any more the name titles great seal or signet of the K. of Spain and instead therof whilst that the Duke of Anjou for his urgent affaires 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 Highnesse and touching the rest by way of provision they shall use the title and name of the chiefe and Counsell 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 untill that the said Councell shall be in force and then they shall govern themselves as it is agreed touching the instructions given for the said Counsell and the accords made with his Highnesse And instead of the Kings seales they shall hereafter use our Great Seale counter Seale and Signet in matters concerning the government generall for the which the Councell of the Country according to their instructions shall have authority And in matters concerning the policie administration of Iustice and other private acts of every Province the Provinciall Councels and others shall respectively use the name and Seale 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 bee the better observed and effected we have enjoyned and commanded and do enjoyn and command by these presents That all the King of Spaines Seales which are at this present with these united Provinces shall be dilivered into the States 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 armes of the King of Spain shall not be put nor stampt in any coynes of these united Provinces but there shall be such a figure set upon them as shall be appointed for the coyning of new peeces of Gold and Silver In the like sort we enjoyn and command the president and Lords of the privie Councel and all other Chancellors presidents Provinciall Consuls and all Presidents and chiefe Masters of accounts and others of all chambers of accounts being respectively in these countries and also all other Iudges 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 faithfull 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 Councellors Masters of accounts Iudges and Officers remaining in the Provinces which have contracted with the Duke of Aniou 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 untill his comming And to Councellors Masters of accounts Iudges and Officers being resident in Provinces which have not contracted with his Highnesse a new Commission shall be given under our name and Seale if the petitioners were not found faulty to be of bad behaviour to have done against the priviledges of the Countrey or to have committed some other disorder We also command the President and them of the privie Councell the Chancellour and Councell of Brabant the Governour Chancellour and Councell of Gueldres and the Countie of Zutphen the President and councell in Flanders the President and councell in Holland the Governour President and Councell in Friseland the President and Councell at Vtricht the Bayliff at Tournay and Tournesis the Receivors or chiefe Officer of Beooster cheldt and Bewesterscheldt Zeeland the scout of Macklyn and all other Iudges and Officers whom it shall concerne 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 wee have so thought it fit and convenient for the good of the Countrey For the effecting whereof we give to every one whom it shall concerne full power and authority and speciall Commission In witnesse whereof we have caused our seale to be hereunto annexed Given at the Hage in our assembly the 26 of Iuly 1581. Vnderneath 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 forme of an Oath drawn in manner of an abjuration of the King of Spaine and promise of duty and obedience which every one should owe unto the said Estates by the publike Officers and Magistrates of every Town and Province as followeth I sweare That hereafter I shall not serve nor yeeld obedience to Philip King of Spaine nor acknowledge him for my Prince and Lord whom I doe renownce by these presents and doe hold my selfe freed from all Oaths and bonds by the which I might bee formerly tyed unto him whereof finding my selfe presently delivered I sweare a new and binde my selfe to the united Provinces and namely to them of Brabant Gueldre Holland Zeeland and their allies and to the soveraign Magistrates that are appointed to bee faithfull and loyall unto them to yeeld them all obedience aide and comfort with all my power and meanes against the King of Spaine and his adherents and against all the enemies of the Countrey Promising as a good vassall of the Countrey to carry my self faithfully and loyally with shew of all obedience to my superiors So help me the Almighty God This decree being thus proclaimed all the seales counter-seals and secret signets of the King of Spaine were broken and cancelled with solemnity by all the consuls of the said
power to pardon any Delinquâ—rts against the Nation or Countrey All which considered prove the whole State Kingdom and Councels among the Spanish Gothes to be about their kings who were lyable to their restraints excommunications Laws Censures Depositions for their male-administrations vicious lives and not successive but elected by them Pâ—lagius the first king of Oviedo was elected king and that kingdom erected by the generall consent of the people oppressed by the Moors about the year 618. during whose reign there were severall Vice-royes of the Moors in Spain as Alcazazin and Alhatan and others His sonne 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 jealousie lest he should usurpe 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 leâ—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 dayes practised in Spain Sâ—llâ— his brother-in-Law succeeded him after whose death by generall consent the kingdom was given to Alphonso 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 Monke Ramir the third twentieth king of Leon abandoning himself to a voluptuous life contemned all good counsell so as the Earls and Noblemen of Gallicia seeing his folly and discontented with his vices scorned him and would no more acknowledge him to be their king electing Bermund for their Soveraigne and intituled 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 Anno â—07â— Garcia king in Gallicia growing a tyrant spoiled and ill intreated his Subiects governing himself after the appetite or a base woman who put the Nobilitie 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 kings presence His brother Sancho taking advantage of the peoples hatred entred his Realm with a great Army who thereupon being deserted generally by his people fled to the Moors for ayd and fell to spoil his own Countrey 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 Iohn Mariana that in the Councill of Florence under Pope Victor the second Anno 1055. Hildebrand a Cardinall Deacon Embassadour to Henry the second Emperour of Germany complained in the Councill against Ferdinand king of Spain in the Emperors 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 iniury himselfe could gladly suffer if there were no other losse but of his own honour But since the estate of Christendom could not well subsist and the Popes Authority would likewise be impaired unlesse all Christian kingdoms were united and knit together under one temporall head the Emperour whom they should obey they ought to suppresse the springing temerity in the Wombe lest by their neglect spreading it self into other Provinces animated with the sweet and oft-times deceitfull name of libertie the sacred Majestie 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 Churches honour and Republiks safety then indangered 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 Legats to Ferdinand in his own and the Councils name to satisfie the Emperors demands forthwith under pain of present excommunication The King doubtfull and fearfull whether to obey or not summons a generall Assembly of the Estates of the Realme The Clergy and religious sort of men perswaded submission for fear of the Popes excommunication the fearfuller sort concurring with them by reason of the Emperours power and their own weaknesse and distraction and the Kings desires of peace inclined most to their opinion But some heroick 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 fighting then that the Republike should be involved in so great a mischief and indignitie Rodoricus Diacius a noble Spanyards opinion then absent from the assembly being required by the king and it answered That this was no matter of Counsell 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 cruell nation who contemned all men but themselves whose ears were proud whose speeches contumelious whose accesse difficult riotings new cruelty inhumane 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 farre as Christianity extends it selfe obey the German Emperours 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 mindes if we were men we might be a terrour But it is difficult to resist the Emperous endeavours not to obey the Roman Pontifs commands verily it a basnesse of spirit for an uncertain fear of war to involve the Commonwealth in most
certain dangers many things are effected by triall which seemed difficult to slothfull men I know not what stupidity hath seized on many whom neither glory moves nor the infamy of the wretchednesse thinking it great liberty enough if they be freed from scourges I suppose the Popes 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 COVNTREY who out of a simulation of a fond Religion or shew of preposterous caution shall give contrary advice neither shall resolve that servitude is to be repudiated with greater care by us then domination is affected by them So farre forth as every one shall addict himself to the liberty of his Countrey 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 Generall they send Ambassadours to the Pope and Councill whereof Roderic was chief and upon a full hearing of the cause before Rupert Cardinall of Saint Sabria the Popes Legat at Tholouse judgement was pronounced for the liberty of Spain and it was decreed That the German Emperors should from thenceforth have no power nor jurisdiction over the Kings of Spain which was afterwards confirmed by the customes of the people the consent of other Nations the publike resolution and judgement of Lawyers as Iacobus Valdesius in his Book de dignitate Regum Hispaniae printed 1602. Cap. 18. proves at large The Generall History of Spain records that the Councill of Florence resolved that seeing the Kings of Spain had defended and conquered their Realms by Arms without any ayd from the Emperours they were free and exempt from all subjection and acknowledgement to the Emperors whereof we may read the Glosse upon the Chapter Adrianus Pâ—pa distinct 63. The like priviledge have the Kings of France the State of Venice the Kings of England and some others Which clearly demonstrates the Soveraign 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 Anno 1083. Sacho Ramires king of Aragon 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 Countrey 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 confesse publikely that he had grieâ—ously offended Thus these good Fathers publikely insulted over their Soveraigne Anno 1091. king Alphonso granted this priviledge 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 battell by his brother Raymond thinking to reigne after him but the Navarroyes expelled him out of their confines disdaining that he should raigne over them who had embrued his hands in his kingly brothers blood and sending to Sancho Ramires 4. king of Aragon called him to raigne over them because their slain kings sonnes were too young to raigne and protect them from their enemies by which meanes the kingdomes of Arragon and Navarre were united Veracha Queen of Castile a most lascivious open Adultresse by her unchast life so faâ—re provoked her husband Alphonso that he was divorced from her made warre against her and confined her After which she still continuing in her lewdnesse the Nobility and States of Castile and Leon revolt from her take armes against her depose her from the Crowne and elect and crown her sonne Alphonso the 8. king An. 1122. allowing her onely a pension to support her life 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 prejudiciall to the Crown his Will after his death was held void and not put in execution he being slain by the Moores 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 Lawes and customes of the Country And the Nobles being assembled at a general Assembly of the States going to visit him he comanded his Porter to shut them out saying that Mounsieur was busie about matters of great importance but they understood afterwards that the great affairs causing him to exclude his friends were his Barbar was trimming him which so incensed the Nobles and great men that the next day they held their generall Assembly of the Estates without the King where they first of all decreed to depose their new king because being â—n honour he had no understanding of himselfe and because they found he would grow more proud and insolent afterwards whereupon expelling Peter the Estates assembling at Boria elected Ramier a Monke brother to king Alphonso for their King who was much deriued of his Nobles for his Monkish simplicity and at last turned Monk againe But those of Navarre thinking a Monk to be better acquainted with the matters of a Monastery then how to govern a Kingdome and being jealous that the Arragonoys by chusing a King of the blood Royall of Arragon would by this meanes 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 Realmes of Arragon and Navarre which had been united 58. yeers were seperated in these two Kings The Kingdomes of Spain being often before and since this time united and divided as the people and Realmes assented or dissented thereunto Not to mention the troubles of Castile 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 Castile slew a Iew with whom this king was so enamoured that he forgot his new Spouse and almost lost his sences Anno 1179. king Alphonso assembled the Estates of Castile at Burgon to leavie a Taxe upon the
Capello who was wholly given to his wives humours hated of the Portugales and himselfe disliked for her sake for many Malefactors and insolent persons were supported by her who grew daily more audacious in their excesse without feare of Iustice which was trodden under foot for their respect For these considerations and her barrennesse too all the Noblemen of the kingdome desired to have the Queen called Mencia separated and sent out of Portugall for effecting whereof they made a great instance at Rome but neither exhortation admonition nor commandment nor censure could prevaile 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 Portugall Not content herewith they sought to depose the King from his Royall dignity too for his ill government and to advance his Brother Don Alphonso to the Regall Throne in his place whom the Estates assembled made Regent of Portugall leaving only the Title of King to his brother which fact of the Estates the Pope in the Councell of Lions authorized by his Apostolicke power with which the King being displeased abandoned his Realme and retired into Castile Anno 1247. The Lawes and Customes of Arragon were reduced into writing by King Iames his appointment and compacted into one body having till that time been observed onely by tradition which Volume was coufirmed by the Estates held at Huâ—fâ—a And the same yeere the King of Castile erected a kind of Chancery and standing Court of Parliament of 12. learned men which followed the Court. Anno 1254. Thibald the 2. king of Navarre being but 15. yeers old at the descent of the crown unto him was at 25. yeers of age declared of full age and crowned King in the great church of Pampelone where he did sweare TO PRESERVE AND AUGMENT THE PRIVILEDGES OF THE COVNTRY Afterwards he doing homage to the king of Castile for the Realme of Navarre as his predecessours had done before him and making such a peace with him as the prelates Knights and Commonalties of the Realme 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 kings dishonour whereupon the king did punish them by fines but his choller being past some few dayes after considering they were good and faithfull subjects loving his honour and greatnesse and that they resisted his will out of true love and zeale which they owed to the Crowne and their Countrey hee caused their Fines to be restored Alphonso the 3. fifth King of Portugall putting away his first wife Mahault without cause after he had children by her and marrying Beatrix hereupon when by no intreaties of Friends or the Pope he would entertaine his first wife again he was excommunicated by the Pope and his Realme interdicted 10. or 12. yeers space continuing still obstinate till his first wife dyed after which he was absolved Anno 1260. and in some yeere following there were divers controversies concerning the Crown Lands and setling of Portions for the King of Arragons younger children moved and determined in the Assembly of the Estates of Arragon and the Nobility complaining that their King Iames did breake their priviledges made many Leagues and Factions This matter being debated in the Estates at Saragossa and then at Ex ea in the yeare 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 Countrey That no Gentleman should be subject to the tribute of Cattell nor to any other That in all controversies which the Nobility might have against the king or among themselves the Magistrate called the Iustice Major of Arragon should be Iudge being assisted by the Councell That the King should not give the fees and Military rewards allotted to them that doe him service as a recompence of their vertue and valour to any of his lawfull children who by right have their portions in the Realme Anno 1274. Iames King of Arragon comming to the Councell of Lions desirous there to be crowned by the hands of Pope Gregory a ceremony whereof he made great account the Pope refused him unlesse he would acknowledge himselfe vassall to the church of Rome and pay the arrerages of the rent which the deceased King Don Pedro his Father had promised the which King Iames would not doe holding it an unworthy thing so to debase the greatnesse of his Crowne and restraine the Liberty of his Realme in any sort And this yeare there were great and continuall 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 Iames tooke the government and managing of the affaires of the Realme from his sonne Don Pedro and diverse great Dons were there condemned of contumacy and their Lands confiscated by the Iustice Major of Arragon In this Assembly the Nobility pleaded the Priviledges of Câ—â—teloyne That the Nobility might quit the Kings obedience in case of controversies and suites especially if there were question of their Liberties and to protest it publikely Anno 1265. Denis the infant King of Portugall desired his Grandfather Alphonso King of Castile to discharge the Realm of Portugall of the homage and vassallage 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 meanes he should diminish the authority and greatnesse of his Crown which he should doe if he did quit this homage to the King of Portugall For which opinion the King growing angry with him the residue fearing the kings displeasure advised him to doe it Whereupon the Realme of Portugall was freed from all homage and subjection due to the Kings of Leon and Castile 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 dismembring Portugall from the Crown of Leon to pacifie which differences the King used many mediations and at last called an Assembly of the Estates at Burgos the which was held without the Towne for the safety of these Confederates That great Astronomer Alphonso King of Castile who presumed to controule the Author of Nature saying That if he had been at the Creation of the world hee should in many things have been of another opinion and amended Gods workmanship was a most willfull indiscreet unfortunate Prince for his eldest sonne Fernand dying in his life time leaving Alphonso and other issue males behind him Don Sancho his second son resolved to dispossesse his
subjects to him he ratified with a most solemne 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 doe 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 signes of publique gladnesse and now all mens 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 roome 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 battell together with his wicked confederates After whose slaughter the Nobles putting by Durstus sonnes lest they should imitate their fathers vices elected his brother Even King with unanimous consent who hating Durstus his tyranny had voluntarily banished himselfe among the Picts Even dying leaving a bastard sonne called Gillo he procured himselfe to be elected Viceroy till a new King should be chosen and got the Kingdome confirmed to him but yet not deeming himselfe secure as long as any of Durstus his family remained he treacherously slew Durstus his two eldest sonnes with all his kindred and familiars With which the Nobles being much discontented and fearing worser things privily raised an Army against him who finding himself generally deserted but by a few flagicious persons who feared punishment He was forced to flie in a Fisherboat into Ireland whereupon the Scots created Cadvallus their Vice-roy 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 King Even the third not content with an hundred Concubines of the Nobility made a Law That it should be lawfull for every one to marry as many Wives as he could keepe and that the King should have the mayden-head of Noble women and the Nobles of the Plebeans before they were married and that the common peoples Wives should be common for the Nobles Besides luxury cruelty and avarice were the companions of this his flagitious life he murthering the rich to get their wealth and favouring tâ—eeves to shâ—e in their robberies whereupon the Nobles and people conspiring against him and taking up Armes he discerned how unfaithfull the society of ill men is for being deserted by his party as soone as the battell began he came alive into his enemies hands and was committed to peâ—petuall prison his life being spared by the intercession of Cadalan who was made Vice-roy in his stead but soone after he was strangled in the prison by one whom he had formerly injured King Corbreds sonne being within age at his death the Assembly of the States made Dardan King who within three yeeres space rushing into all kind of vices bannished all prudent and honest men out of his Court kept none but flatterers about him slew Cardorus and divers others vertuous men who advertised him of his faults and to take away the feate of succession plotted the death of Corbred Galdus and others whereupon the Nobles and people by unanimous consent rose up against him slew his evill instruments routed his Forces tooke him prisoner whilst he was about to murder himselfe cut off his head which they carried about for a laughing-stocke and threw his corps into a jakes after he had raigned foure yeeres Luctacke the 22 King of Scots giving himselfe wholly to Wine and Harlots sparing the chastity of none though never so neere allied to him nor their husbands never so great deflowring his owne Sisters Aunts Daughters joyning inhumane 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 chiefe men where being more freely reprehended for those crimes he commanded the chiefe of them to be drawne away to punishment as seditious calling them old doting fooles Whereupon the people assembling together slew both him and the instruments of his wickednesses when he had scarce reigned three yeeres space Mogaldus was elected King in his place who carefully reforming all the abuses and corruptions of Luctack in the beginning of his reigne 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 wandred up down with one or two Companions in secret places seeking to escape by flight but was at last taken and slaine Conarus his sonne and successor giving himselfe to all manner of luxurie and lust brought the Realme 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 governe untill he renouncing the Crowne they should elect another King Whereupon the next day he who was first demanded his opinion Declaimed sharply against the Kings former life his bauds and companions as unprofitable in warre troublesome in peace full of shame and disgrace shewed that the Kings revenues were sufficient to maintain him if he lived within compasse that the rest might be supplied out of the estates and by the death of those on whom he had bestowed the publique patrimony and that the King in the meane 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 Countrey custome 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 cruell threatnings whereupon the King being laid hâ—nds on by those who stood next him was sâ—ut up in a Hall with a few attendants his Courtiers the authors of ill counsell were presently brought to punishment and Aâ—gâ—â—us a Nobleman made Vice-roy till the people should meet to elect a new King after which Câ—naâ—â— spent with griefe and sicknesse died in prison King Ethâ—dâ—us his sonne being an infant â—i brother Tetraâ—ell was chosen King who murthering his nephew cutting off divers of the Nobles and spoâ—ling the common people to establish the Kingdome in himselfe he grew so edicus and so much dâ—minished his authority in a short time that he stirred up divers seditions which he
should maintaine them in their freedomes and liberties which he hath promised and sworne solemnly unto them before his reception to the principalitie Thereupon quarrels grow the Prince will hold a hard hand and will seek by force to bee 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 therin 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 yeeld although he seeme to be most in fault it followeth of necessity that they must come to more violent remedies that is to say to armes The power of the Prince is great when thee is supported by other Princes which joyn 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 joyntly their duties is farre greater Thereupon they wound they kill they burne they ruine 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 ballance of justice helping the rightfull 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 antient and moderne if the relation of this history did not furnish us sufficiently So the generall Estates of the united Provinces seeing that King Philip would not in any fort through his wilfulnesse yeeld unto their humble suite and petitions and notwithstanding all the offers they could make to purchase a good firme and an assured peace notwithstanding all the intercessions both of the Emperour the French King the Queen of England and other great Princes and Potentates of Christendom yet would he not give eare to any other reason but what himselfe did propound the which the said Estates did not only find unjust and unreasonable directly repugnant to their liberties constitutions and freedomes of the Countrey but also contrary to their consciences and as it were so many snares layed to catch them which were in no sort to be allowed of nor received considering the qualitie of their affaires and his according to the time In the end rejecting all feare of his power and threats seeing they were forced to enter into all courses of extremity against a Prince which held himselfe so hainously offended as no reconciliation could be expected relying upon the justice and equitie of the cause and sinceritie 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 meanes against meanes and practises against practises to declare him quite fallen from the Seigniorie preheminence and authority which before the troubles the breach of their priviledges rights freedomes and immunities so often and so solemnly sworne 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 publick Edict the tenour whereof followeth The Generall Estates of the untited Provinces of the Netherlands to all those that these presents shall see reade or heare greeting As it is well known unto all men that a Pâ—ince and Lord of a Countrey is ordained by God to bee Soveraign and head over his subjects and to preseveve and defend them from all injuries force violence even as a shepheard 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 bee 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 governe them according unto equity and reason to take care for them and to love them even as a father doth his children or a shepheard 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 oppresse them depriving them of their priviledges and ancient customes 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 esteeme of him as a Tyrant neither are the subjects according unto Law and season bound to acknowledge him for their Prince so as without any offence being done with deliberation and the authority of the Estates of the Countrey they may freely abandon him and in his place chuse another for their Prince and Lord to defend them especially when as the subjects by humble suit intreatie and admonitions could never mollifie their Princes heart nor divert him from his enterprises an tyrannous designes so as they have no other meanes left them to preserve their antient libertie their wives children and posterity for the which according to the lawes of nature they are bound to expose both life and good as for the like occasions we have seene it to fall out often in divers Countries whereof the examples are yet fresh in memory The which ought especially to bee of force in these Countries the which have alwayes been and ought to be governed according unto the oath taken by their Princes when they receive them conformable to their priviledges and antient customes having no power to infringe them besides that most part of the said Provices have alwayes received and admitted their Princes and Lords upon certaine conditions and by sworn contracts the which if the Prince shall violate hee is by right fallen from the rule and superiority of the Countrey So it is that the King of Spaine after the decease of the Emperour 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 himselfe 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 Imperiall Majesty had heretofore given him and contrariwise hath given eare beliefe and credit unto them of the Councell of Spain which were about him the said Councell having conceived a secret hatred against these Countries and their Liberties for that it was not lawfull for them to command there and to govern them or to merit among
them the chiefe places and offices as they doe in the Realm of Naples Sicilie Millaine at the Indies and in other Countries which are subject to the Kings command being also moved thereunto by the riches of the said Countries well knowne to the most of them the said councell or some of the chiefe of them have oftentimes given the King to understand That for his Maiesties 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 Seigniory of the said Countries had sworn to observe The King of Spain following this counsell hath sought all meanes 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 chiefe and greatest Townes indowing them with the richest Abbeyes adding to every Bishop nine Chanons to serve him as Councellors 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 voyce in the assemblies of the Estates of the Country And by the adiunction of the said Chanons had brought in the Inquisition of Spain the which had also bin so abhorred and so odious in these Countries even as slavery it selfe as all the world doth well know So as his Imperiall Maiesty having once propounded it unto these Countries upon due information given unto His Maiesty ceased from any more speech thereof shewing therein the great affection which he bare unto His Subjects Yet notwithstanding divers Declarations which were made unto the King of Spain as well by the Provinces and Townes in particular as by some other of the chiefe Noblemen of the Country namely by the Baron of Montigny and afterwards by the Earle of Egmont who by the consent of the Dutchesse of Parma then Regent of the said Countries by the advice of the Councell 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 hee would provide for the contentment of the Country yet that he had since by his letters done the contrary commanding expresly and upon pain of his indignation to receive the new Bishops presently and to put them in possession of their new Bishopricks and incorporated Abbeyes to effect the Inquisition where they had begun to practise it and to observe the Decrees and Canons of the Councell of Trent the which in divers points doe contradict the priviledges of the Countrey 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 alwayes borne unto the King and to his predecessours For they called chiefly into consideration that the King not onely 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 pitty they had of the poor people the chiefe of the Nobility did in the yeare 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 shewing the love and affection which as a mild and mercifull Prince he bare unto his Subjects to moderate the said points and especially those which concerned the rigorous Inquisition and punishments for matters of Religion And to informe 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 Countrey and for the maintenance of peace and tranquility to abolish and disannull those innovations and to moderate the rigour of publike Edicts for matter of Religion the said Marquesse of Berges and Baron of Montigny at the request of the said Lady Regent the Councell of Estate and the Generall Estates of all the Countries went into Spain as Embassadors 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 Countrey by the perswasion and advice of the Councell of Spain hee 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 himselfe to be fully assured of the Countrey by the Forces of the Duke of Alva and to have reduced them under his full power and subiection he had afterwards against the Lawes of Nations the which have been in all ages inviolably observed yea among the most barbarous and cruell Nations and most tyrannous Princes imprisoned and caused the said Noblemen Embassadors to be put to death confiscating all their goods And although that all this alteration which had hapned in the yeare 1566. upon the foresaid occasion was in a manner pacified by the Regent and her councell and that the greatest part of them which had presented themselves unto her for the Liberty of the Countrey were retired or chased away and the rest brought under obedience yet not to lose the opportunity which the Councell of Spain had long expected as it appeared plainly the same yeere 1566. by Letters intercepted which were written by the Embassador Alana to the Duchesse of Parma to have meanes under some pretext to overthrow all the priviledges 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 councell of the said Spaniards shewing therein the small affection which he bare unto his Subiects of these countries contrary unto that whereunto he was bound as their Prince protector and good Shepheard sent into these countries the Duke of Alva very famous for his rigour and cruelty and one of the chiefe enemies of these countries with a councell of the same Humour and disposition And although that the said Duke of Alva entred with his Army into this countrey without any let or opposition and was received of the poore Inhabitants with all reverence and Honour expecting all mildnesse and clemencie according unto that which the King had so often promised by His Letters fainedly written yea that He was resolved to come himselfe in person into the Countrey and to order all things to every mans 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 Spaine to bring him hither and another in Zeeland to goe and meet him as the bruite was to the great charge of the Countrey the better to abuse his poore subjects and to draw them more easily into his snares notwithstanding the said Duke of Alva presently after his arrivall although he were a stranger and not any way of the blood Royall gave it out that hee had a Commission from the King of Governour Generall of the Countrey the which was quite contrary to the priviledges and antient Customes thereof and discovering his designes plainly he suddenly put garrisons into the chiefe Townes and Forts of the Countrey and then he built Citadels in the richest and strongest Townes to keep them in subjection And by commandement from the King as they said he friendly called unto him as well by letters or otherwise the chiefe Noblemen of the Countrey pretending that he had need of their councell and assistance for the service of the King and the good of the Countrey who having given credit to letters were come unto him whom contrary to the priviledges hee caused to bee carried prisoners out of Brabant where they had been apprehended causing their processe to bee informed before him and his Councell although they were no competent Iudges and before any due proofes were made and the Noblemen that were accused fully heard in their defences they were condemned to have committed Rebellion causing them to be publikely and ignomiously put to death Others who for that they were better acquainted with the Spaniards dissembling were retired and kept out of the Countrey 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 aide 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 bourgers 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 souldiers 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 townes which hee made to oppresse them and also to pay the hundreth and twintieth peny for the payment of souldiers wherof some were brought by him and others newly levied to employ them against their Countreymen and themselves who with the hazard of their lives sought to defend the liberties of their Countrey to the end that the subjects being thus impoverished there should be no meanes to frustrate his designes for the better effecting of the instructions which had been given in Spain which was to use the Countrey as new conquered To which end in some places and chiefe Townes he changed their forme of government and of justice and erected new Consuls after the Spanish manner directly contrary to to the priviledges of the Countrey And in the end thinking himselfe free from all feare he sought to bring in by force a certaine imposition of the tenth peny upon all marchandise and handi-works to the absolute ruine of the Commons whose good and prosperity consists chiefly in traffique and handi-works notwithstanding many admonitions and perswasions made to the contrary as well by every one of the Provinces in particular as by all in generall The which he had effected by force if it had not beene 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 Alua following the party of the said Prince and being for most part in service and other inhabitants affected to the libertie of their Countrey the Provinces of Holland and Zeeland had not revolted and put themselves under the Princes protection Against which two Provinces the Duke hath since during his Government and after him the great Commander of Castile sent in his place by the King not to moderate any thing of his Predecessors Tyrannie 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 imploy their persons and meanes to helpe to subdue them yet no wayes easing the said Provinces but intreating them like enemies suffering the Spanyards under the colour of a mutinie in view of the said Commander to enter by force into the Town of Antuerpe and there to continue six weeks living at discretion at the poore Bourgers charge sorcing them moreover to be freed from their insolencies to furnish foure hundred thousand florins to pay the said Spanyards which done the said Souldiers growing more bold through the sufferance of their Commanders presumed to take Armes against the Countrey seeking first to surprize Brussels and in the place of the ancient and ordinary seate of Princes to make it a nest and den of theeves The which not succeeding according to their designe they tooke A lost by force and soone after forced the Towne of Maestricht And since being violently entred into Antuerpe they spoyled it sacked it and wasted it with fire and sword in such sort as the most barbarous and cruell enemies could not have done more to the unspeakable losse not onely of the poore inhabitants but in a manner of all the Nations of the world who had their Merchandise debts and money there And although the said Spanyards by a Decree of the Councell of Estate to whom the King by the death of the great Commander had conferred the generall Government of the Countrey were in the presence of Ieronimo de Rhoda proclaimed enemies to the Countrey yet the said Rhoda of his owne private authority or as it is to bee presumed by vertue of some secret instruction which he had from Spaine took upon him to be the head of the said Spanyards and their adherents so as without respect of the Councell of Estate he usurped the kings Name and Authority counterfeited his Seale and carried himself as a Governour and the Kings 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 Councell of State as lawfull Governours that they might joyntly with their common forces make warre against the Spanyards Omitting not as good subjects but by divers humble petitions to beseech the King to have regard unto the troubles oppressions and insolencies which had hapned and were like to follow and that hee would bee pleased with all convenient speed possible to command the Spanyards to depart out of the Countrey and especially those which had been the cause of the sacke and ruine of the chiefe Towns of the Countrey and other innumerable insolences
and violences which his poore 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 shew by words that what had hapned 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 Countrey with all clemency as it behoved a mercifull Prince hath not onely neglected to punish the said Heads and Authors but contrariwise as it appeareth all was with his consent and former resolution of the councell of Spain as certain letters of his intercepted soon after do plainly shew by the which it was written unto Rhoda and to the other Captains authors of all the mischiefe That the King did not blame that action but did allow thereof and commend it promising to recompence them especially the said Rhoda as having done him a singular service The which at his return into Spaine and to all other ministers of the oppressions that were used in these Countries he did shew by effect At the same time the King thinking the better to blinde the eyes of his subjects sent into these Countries for Governour Generall Don Iohn of Austria his base brother as being of his blood who making shew unto the Estates that he did allow of the Pacification of Gant promised to send away the Spanyards to punish the authors of all insolencies and disorders which had hapned in the Countrey and to take an order for the generall peace and the restoring of their ancient liberties sought to divide the Estates and to subdue one Countrey 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 Iohn to speake with him commanding him to carry himselfe unto the chiefe Noblemen with all mildenesse and courtesie to winne their loves untill that by their assistance and meanes he might reduce Holland and Zeeland and afterwards work his will of the other Provinces Whereupon Don Iohn notwithstanding that he had solmnly sworn in the presence of all the Estates of the Countrey to observe the said Pacification of Gant yet contrary thereunto he sought by meanes of their Colonels whom he had already at his devotion and great promises to winne the Germane souldiers who were then in Garrison and had the guard of the chiefe Townes and Forts of the Countrey whereof by that meanes he made himselfe master holding himselfe assured of those places they held and so by that meanes to force them that would not joyne with him to make warre against the Prince of Orange and them of Holland and Zeeland and so to raise a more boody and intestine warre than had been before But as all things that are treated cunningly and with dissimulation cannot be long kept secret Don Iohns practises being discovered before hee could effect what he had designed hee could not bring his conceptions and enterprises to the end that he pretended Yet he revived a new warre the which continues unto this day in stead of rest and an assured peace whereof hee did so much vaunt at his coming Which reasons have given us great occasion to forsake the King of Spain and to seeke some other mighty and mercifull Prince to helpe 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 beene intreated not as subjects but as enemies their naturall Prince and Lord seeking to ruine them by armes Moreover after the death of Don Iohn having sent the Baron of Selles who under colour propounding some meanes of an accord declared sufficiently That the king would not avow the Pacification made a Gant which Don Iohn notwithstanding had sworne to maintaine setting downe more hard conditions Yet for that we would discharge our selves of our duties wee have not omitted to make humble suite by writing imploying moreover the favour of the greatest Princes of Christendome seeking by all meanes without intermission to reconcile our selves unto the King having also of late kept our deputies long at Cologne hoping there by the intercession of his imperiall Majestie and some Princes Electors to have obtained an assured peace with some moderate tolleration of Religion the which doth chiefly concerne God and mens consciences as the estate of the affairs of the Countrey 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 onely 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 designes 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 partie are proclaimed Rebels and to have forfeited lives and goods Promising moreover a great summe of money to him that should murther the said Prince and all to make the poore Inhabitants odious to hinder their Navigation and Traffique and to bring them into extreme despaire So as despairing of all meanes of reconciliation and destitute of all other succours and ayde we have according to the Law of nature for the defence of us and other Inhabitants the Rights priviledges ancient customes and libertie of the Countrey and the lives and honours of us our wives children and posterity to the end they fall not into the slavery of the Spanyards leaving upon just cause the King of Spaine beene forced to seeke out some other meanes such as for the greater safety and preservation of our Rights Priviledges and liberties we have thought most fit and convenient We therefore give all men to understand That having duely considered all these things and being prest by extreme necessitie We have by a generall resolution and consent declared and doe declare by these presents the King of Spaine ipso jure to be fallen from the Seigniory Principalitie 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 demeanes of these Netherlands nor to use hereafter neither yet to suffer any other to use his Name as Soveraigne Lord thereof According to the which we declare all Officers private Noblemen Vassels and other inhabitants of these Countries of what condition or qualitie soever to be from henceforth discharged of the Oath which they have made in any manner whatsoever
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 sloathfulnesse idlenesse or with thy studies or certaine imployments that thou sufferest those to be deserted whom thou oughtest to protect But while thou sayest thou dost thine owne businesse lest thou mightest seeme to doe wrong to any thou runnest into another kinde of injustice For thou desertest the society of life because thou bestowest on it nothing of thy study nothing of thy paines nothing of thy goods These things Ethnickes Philosophers and Politicians hold truely more piously than many Christians in this age Hence a neighbour is bound by the Lawes of the Romans to take away a servant from a cruell Master But among the Aegyptians he who had casually found a man to be beaten by Theeves or to suffer any injury and had not reâ—cued him if he could was guilty of death if not hee was bound to accuse the Theeves before the Magistrate Which if he had neglected he was beaten with a certaine number of stripes and punished with a three dayes fast Now if this verily be lawfull in one neighbour towards another yea lyeth upon him out of duty to assist every one he meets against a Theefe shall it not be much more lawfull to a good Prince not onely to ayde and patronize servants against a raging Master or children against a furious Father but a Kingdome against a Tyrant a Republike against the private lust of one man a people a Lord I say against a publike 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 theefe Hence Thucydides saith Not onely those are tyrants who reduce others into servitude but much rather those who when they may repulse that violence take no care to doe it but especially those who will be called the defenders of Greece and the Common Country but yet helpe not their oppressed Country and rightly for a Tyrant is in a sort compelled to retaine violently the Tyranny which he hath violently invaded because as Tyberius said he seemeth to hold a Wolfe by the eares which he cannot retaine without force nor yet let goe without danger Therefore that he may extinguish one crime with another hee commits many wickednesses and is compelled to injure others lest he should be injurious to himselfe But that Prince who idlely beholds the wickednesses of a tyrant and the ruine 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 man-slaying Gladiator as much as hee who slayes a man for pleasure sake is more criminous than he who doth it by constraint or out of feare or necessity If some oppose But it is a fault for any to intermeddle with or thrust himselfe into anothers businesse Terentian Chromes may answer I am a man I thinke no humane thing strange unto me If others that they may seeke lurking holes for their impiety object that there are distinct limits distinct jurisdictions now it is not lawfull to thrust a sickle into anothers Corne Neither truely do I advise that by this pretence thou shouldest invade anothers territories usurpe anothers jurisdiction to thy selfe draw thy neighbours corne into thine owne floore which most doe under this pretext I doe not say that by the example of that arbitrator of whom Cicero thou thy selfe shouldest judge the thing controverted to thy selfe but rather that thou shouldest restraine a Prince invading the Kingdome of Christ containe a tyrant within his limits stretch out an helping hand to an afflicted people and a prostrated Commonweale But thou must do it in such sort that thou mayest not looke after thine owne profit but the good of humane society altogether For since Justice wholly lookes abroad injustice onely regards it selfe thou shalt at last doe this justly if thou shalt have no regard of thine owne profits Briefely if a Prince violently passeth over the fixed limits of piety and justice a neighbour may piously and justly leape over his limits not that he should invade anothers but that he should bid him be content with his owne yea he shall be impious and unjust if he neglect it If a Prince exercise tyranny over the people he may no lesse or lesse slackly assist them than him if the people should move sedition yea he ought to doe 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 expell Maxentius the Tyrant out of the City Finally if a man may become a Wolfe to a man nothing truely forbids but that a man may be a God to a man as it is in the Proverbe Therefore antiquity hath enrolled Hercules among the number of the gods because he punished and tamed Procrustes Busyris and other Tyrants the pests of mankinde and monsters of the world in every place So also the Roman Empire as long as it stood free was often called The Patrocinie 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 Captaine of his Army whose expedition the Universall Church exalted with powerfull prayses when yet Maxentius had the same authority in the West as Constantine in the East Likewise Charles the Great undertooke a Warre against the Lombardes being called by the Nobles of Italy to their aide when as yet the Kingdome of the Lombards was long before established and he could claime no right to himselfe over them Likewise when Charles the Bald King of France had by Tyranny taken away the President of that Country which lyeth betweene 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 aide against Charles and his mother Judith a most wicked Woman He in a most ample Assembly of the Germane Princes heard these suppliants by whose unanimous Counsell a warre was publickely decreed against Charles for to restore the exiles Finally as there have beene 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 Soules of the Republicke and of the Church of Christ unlesse 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
b. Fiftly it is undeniable that the Knights Citizens Burgesses and Commons in Parliament elected by the suffrages of the severall Counties Cities and Burroughs of England do 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 onely without the King who represents no man but Himselfe 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 Law-books clearely resolve without dispute and the experience of all Corporations Parishes and Mannors evidenceth past contradiction all Ordinances and Bylaws made for the common good of Corporations Parishioners Tenants of a Mannor 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 High-waies Bridges reliefe of the poore and the like shall binde the rest even in point of Law without the Kings 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 Realme of England who actually assent likewise to these Taxes and Assessements in and by them must and ought 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 Kingdome Religion all our lives estates liberties lawes against an invading Army of Papists and Malignants in a case of extraordinary extremity This I shall further cleare by some ancient and late judgements in point Mich. 14 Ed. 2. rot 60. in the Kings Bench William Heyborne brought an Action of Trespasse against William Keylow for entering his house and breaking his chests and taking away 70 pounds in money the Defendant pleading Nor guilty the Jury found a speciall Verdict that the Scots having entred the Bishopricke of Durham with an Army and making great burning and spoyles thereupon the Commonalty of Durham whereof the Plantiffe was one met together at Durham and agreed to send some to compound with them for a certaine summe of money to depart the Country and were all sworne to performe what compositions should be made and to performe what Ordinance they should make in that behalfe and that thereupon they compounded with the Scots for 1600 Markes But because that was to be paid immediately they all consented that William Keylow the Defendant and others should goe into every mans house to search what ready money was there and to take it for the raising of that summe and that it should be suddenly repaid by the Communalty of Durham And that thereupon the Defendant did enter into the Plaintiffs house and broke open the chest and tooke the seventy pounds which was paid accordingly towards that composition And upon a Writ of Error in the Kings Bench it was adjudged for the Defendant against the Plaintiffe that the action did not lie because he himselfe had agreed to this Ordinance and was sworne to performe it and that the Defendant did nothing but what he assented to by Oath and therefore is accounted to doe 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 Exchequor Chamber though neither King nor Parliament consented to this Taxe or Composition This is the Parliaments present case in effect The King having raised an Army of Papists Delinquents Forraigners Irish Rebels disaffected Persons and actually invading the Kingdom and Parliament with it Hereupon the Parliament were inforced to raise an Army to defend themselves and the Realm against these Invasions For maintenance whereof they at first made use onely of voluntary contributions and supplies proceeding onely from the liberality of some private persons best affected to the publike service Which being xehausted The Lords and Commons considering what a solâ—mne Covenant and Protestation themselves had made and taken and the Subjects likewise throwout the Realm to maintain and defend as farre as lawfully they might WITH THEIR LIVES POWER AND ESTATES The true Reformed Protestant Religion c. As also THE POWER AND PRIVILEDGES OF PARLIAMENT THE LAWFULL RIGHTS AND LIBERTIES OF THE SUBJECT And every person that maketh this Protestation in whatsoever he shall do in the lawfull pursuance of the samâ— c. 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 Priviledges Rights and the Reformed Religion all actually invaded endangered by an Ordinance of both Houses without the Kings consent then absent from and in open hostilitie against them impose a generall Assessement upon all the Subjects NOT EXCEEDING THE TWENTIETH PART OF THEIR ESTATES And for non-payment prescribe a distresse c. Why this Assessement in this case of necessitie 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 oâ—lige 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 capacitie to apprehend and if the first Case be Law as all the Judges then and of late affirmed the latter questionlesse must be much more Legall and without exceptions M. 32. and 33. Eliz. in the Kings Bench in the Chamberlain of Londons case it was adjudged That an Ordinance made by the Common Councell of London only that all Clothes should be brought to Blackwell-hall to be there veiwed searcheâ— 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 binde all within the Citie and that an Action of Debt would lye at the Common Law both for the duty and forfeiture because it was for the publike benefit of the City and Common-Wealth M. 38. Eliz. in the Common-Pleas it was adjudged in Clerks Case That an Ordinance made by assert of the Burgesses of Saint Albanes whereof the Plaintiffe was one for assessing of a certain summe 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 pâ—nalty to beâ—lâ—â—yed by distresse for non-payment of this Tax
King and his Councell in disposing all Officers all places of command and trust under him The Confederacie and Contributions of forraign Popish States to maintain this warre to ruine the Parliament Kingdom Religion and re-establish Popery in its universall extent with the large progresse the Papists have lately made in Ireland Scotland and England to accomplish this their long-agitated Conspiracie 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 ruine our Religion and cut all our throats enough to awake the most stupid English spirits and rouze 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 devoure us and then I douâ—t not if they have any true love to God Religion King Countrey themselves or their Posterities they will soon change their former opinions and practises against the Parliaments just proceedings and joyn 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 ruine us if God open not our eyes and unite not all our hearts and mindes unto the Parliament with one unanimous resolution to oppose these cursed Confederates who have plotted occasioned all these warres and miseries under which our Kingdomes now groan and languish which long plotted Treacherie in humane probabilitie can no wayes be prevented nor a settled peace and Reformation established but with the totall suppression of the Popish partie now in Arms and by rescuing His Majesties person Children forces out of their Trayterly hands and power whose death they have conspired long agoe if he refuse to grant them an universall open toleration of their Antichristian Religion in all His Kingdoms and then to seise upon the Prince and train him up in their Religion which how easie it is for them to effect now they have the King Prince the Kings 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 Bristoll for their assistance and enforcement to over-power the Protestant party in the Kings Armies no understanding man can without fear and trembling coâ—sider O then if ever we will shew our selves faithfull valiant couragious magnanimous bountifull really cordiall and loyall to our King Kingdoms Countrey Parliament Religion Laws Lives Liberties Kinred Families Posterities Let all who professe themselves Protestants lay aside all causelesse jealousies and prejudices against the Parliament or any others and now speedily unite all their Prayers Hearts Hands Purses Forces Counsells and utmost endeavours together to defend secure them all against these forraign and domestice Jesuiticall Romish Confederates and if any prove traiterous fearfull cowardly unfaithfull base or faint-hearted in this publike Cause as too many who deserve to be made spectacles of treachery and cowardise to posteritie 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 eternall infamy and betraying of their Countrey the present generations shall abhorre them posteritie curse and declaim against them as most unnaturall Monsters unworthy to breath in English ayre or enjoy the name the priviledges of English men or Protestants There is a double kinde of Treachery in Souldiers both of them adjudged Capitall The first proceeds from a sordid pusillanimous fear unworthy the spirit of a Souldier and this is Câ—pitall both by the Civill and Common Law By the Civill Law The Souldiers who first begin to flye or but fain themselves sick for fear of the Enemy are to be adjudged to death for this their cowardize Yea Lacaena and Dametria two magnanimâ—us Women slew their timorous sonnes who fled basely from the battle with their own bands disclaiming tbem as degenerous Brats and not their sonnes the latter of them inscribing this Epitaph on her sonnes Tombe Hunc timidum Mater Dametriam ipsa peremit Nec dignum Matre nec Lacedaemonium Indeed Charondas and the Thurians enacted That cowards who basely fled or refused to bear Arms for their Countries defence should set three dayes one after another in the open Market-place clad in Womans apparell a punishment farre worse then death it self writes Diodorus Siculus whereas all other Lawyers made it Capitall yea our Common Law adjudgeth it Treason Witnesse the notable Cases of Gemines and Weston 1. R. 2. num 38 39. who were adjudged Traytors in Parliament for surrendering two Castles in France onely out of fear when they were strongly besieged and battered sooner then they needed without any compliency with tbe enemy The Case of Jobn Walsh Esquire accused of bigh Treason in Parliament against the King and Kingdom for yeelding up the Castle of Cherburg in France to the enemy when as he might have defended it And the Case of Henry Earl of Essex in the second yeer of Henry the second accused of high Treason by Robert de Monfort and vanquished by him in a Duell waged thereupon for throwing down the Kings Standard which he bare by inheritance and flying in xpassing a straight among the Mountains when fiercely encountred by the Welsh For which though his life was pardoned yet he was adjudged to be shorne a Monke put into the Abbey of Reading and had his Lands seised into the Kings hands And as for treacherous revolting to or delivering up Castles to the Enemy it is Capitall and high Treason by all Laws and so resolved in Parliament 3. R. 2. in the Case of Thomas Ketrinton Esquire accused of high Treâson by Sir John Annâ—sley Knight for delivering up the Castle of Saint Saviour in the Isle of Constantine to the French for a great summe of Money when as he neither wanted provisions nor means to defend it As for those unnaturall Vipers and Traytors who shall henceforth after this discovery joyn with the Popish Conspirators to ruine their Religion Countrey and the Parliament for private ends as Count Julian the Spaniard joyned with the Mores An. Dom. 713. whom he brought into Spain his native Countrey furiously pursuing his own private injury with the Ruine of the publike I shall onely 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 immâ—â—or religionis contemptor divinitatis crudelis in se homicida in vicinos reus in omnes Memoria ejus in omni ore amarescit nomen ejus in aeternum puâ—â—escet FINIS AN APPENDIX Manifesting by sundry Histories and Authors that in the ancient Roman Kingdome and
to procure his pardon which because it was the first president of this kinde made his advocate say tamen it a inusitatum est Regem capitis reum esse ut ante hoc tempus non sit auditum yet long before that Zedechiah King of Iudah rebelling against the King of Babylon was brought prisoner to the King of Babylon to Riblah where hee gave judgement upon him slew both his sonnes and Princes before his eyes and then put out his own eyes bound him with fetters of brasse and carried him prisoner to Babylon where hee died 2 Kings 25. 1. to 8. Ier. 52. 1. to 12. And after Detoratus Antigonus King of the Iewes being taken prisoner by Antonius for moving sedition against the Roman State was beheaded with an axe at Antioch without any legall triall to prevent further seditions which never befell any King before that time writes Alexander ab Alexandro And Agrippa not long after put Bogus King of the Mores to death for siding with Antonius Of later times I read that Ludovicus Pius the Emperour 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 Iustice for this his offence where though a King hee was condemned to death and executed as some or at least cast into prison and had his eyes put out as others write So Charles of France taking Conradine King of Sicily prisoner publikely arraigned and condemned him of high Treason and cut off his head Anno 1208. Yea our owne King Iohn 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 Peeres for murthering his Nephew Arthur then a Subject of France with his owne hands So Iohn Bailiol king of Scotland renouncing his homage for that Crowne to king Edward the first was for this offence compelled to resigne his Crown with all his right to the kingdome of Scotland to King Edward the first and sent Prisoner to the Tower of London and Mary Queene of Scots within many mens memories after long debate in Parliament was condemned and beheaded at Fothringhom Castle Febr. 8. An. 1587. for laying claime to the Crowne of England and other particulars mentioned in our Historians And thus much for the Roman Grecian German Emperours kings and kingdomes I shall now give you a briefe Survey of what Greeke Authors write concerning Kings and Kingdoms and of the power the kinds of ancient Kings and Kingdomes in Greece and other places That great Father of Learning and policie Aristotle Tutor to the greatest Emperour Alexander the Great whose Authority is irrefragable in our Schooles resolves That true Kingdoms were erected at first and conferred on the worthiest men by the free voluntary joynt consent of the people and founded confirmed by the customes and Lawes of each country which Polibius also affirmes That there are 4 severall sorts of Kings some of greater some of lesser Authority and continuance then others some elective some successive some during life some Annuall all of them receiving their distinct jurisdictions Formes Limitations and different Royalties from the peoples primitive or subsequent institutions and consents For all men being equall by the Law of nature can have no dominion nor Supercrity one over another but by their own voluntary consents That the Lawes not the Kings Princes or Magistrates be they one or more or never so good ought to be the sole Lords or Rulers of the Common-wealth and that Princes and Governours ought to governe by the Lawes who cannot command what the Lawes doe not command That those who command that the Law should rule command that God and the Lawes should rule but he that commands a man to be a Prince he commands that both a man and beast should be Princes for covetousnesse and the lust of the minde is a certaine beast which poverts both Magistrates and the very best men but the Law is a constant and quiet Minde and Reason voyd of all motions of lusts and desires That the power of the greatest things and greatest power ought DE IVRE of right to be in all the people because their wisdomes resolutions and revenues considered altogether are greater and more considerable then those of a few wise or honest men placed in the highest offices of Magistracie who are but a small particle of the State in respect of all the people That the people ought to be of more power then the King or greatest Magistrates to prevent their Tyranny and Oppression and that a King ought to governe by his Lawes and not to doe 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 Lawes yea he must necessarily have forces and power yet so much onely as thereby he may be able to curbe 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 himselfe may yet BE CVRBED by all the people such Guards verily the Ancients gave to their Kings when they would set any Tyrant or Governour over the City And when Dionysius required Guards a certaine Syracusan perswaded them to curbe such Guards to which Polybius also suffragates According to these Rules of Aristotle I read in Dionysius Halicarnassaeus and Polybius that in the Lacedemonian Common-wealth the Kings had not the chiefe Dominion so as they might doe what they pleased sed summa totius Reipub. administratio penes Senatum erat but the chiefe Government of the whole Commonweale was in the Senate from whence the Romanes tooke their patterne Alexander ab Alexandro Boemus and Xenophon write That the Lacedemonians sometimes elected a King out of the Family of the Heraclidae or of Agis but more often two joynt Kings of equall Authority out of the stock of Proclus and Aemisthenes who yet had not the chiefe Command as Kings Quia juris omnis publici potestas penes Senatum erat because the power of all publike 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 Annuall Praetors whence Aristotle makes them the lowest ranke of Kings Iohn Bodin informes us That in the Lacedemonian Aristocracie the Soveraignty remained in the State wherein were two Kings without any Soveraignty at all being indeed nothing else but Captains and Generals for the managing of their Warres 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
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 terme of his life and to guide the Land till Charles should come to his lawfull 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 dye he called before him the Lords and Nobles of France charging them by solemne Oath that after his death they should immediately crowne Charles for their King whom he had brought up with diligence in learning and all Princely vertues being then of age to governe Charles comming to the Crowne the Danes miserably walled his Kingdomes Whereupon his Nobles and people assembled themselves in sundry companies and went to the King shewing their misery and blaming his fearfulnesse and negligence that he no more for him resisted the Danes cruelty Whereupon he out of feare belike lest they should chuse another King to protect them compounded with Rollo chiefe Commander of the Danes giving him all Normandy and his owne Daughter in Marriage to purchase peace Charles being afterwards slaine by Hebert Earl of Vermendoyes Algina his wife mistrusting the Frenchmen fled secretly with her young sonne Lewes Heire to the Crowne 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 tooke Councell to elect a new King where after long debate they named and crowned Raulfe sonne to Richard Duke of Burgundy King as next Heire to the Crown but young Lewes Raulfe dying after he had reigned 12 yeares the Nobles hearing that Lewes was alive in England sent for him into France and crowned him their King Lewes the 6. dying without issue being the last King of Pipens blood who enjoyed the Crowne 10. discents Hugh Capet usurped the Crowne putting by Charles Duke of Loraigne Vncle and next heire to Lewes whom by the Treason of the Bishop of Laon he took prisoner After which the Crowne continued in this Hugh and his Heires Philip the 2. of France by a counsell 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 Iohn of England should be summoned to appeare as the French Kings Liege-man at another Parliament to be holden at Paris within 15. dayes after Easter to answer to such questions as there should be proposed to him for the Dutchy of Normandy and the County of Angeou and Poytiers who not appearing at the day Philip hereupon invaded and seized them After which Lewes the 9. and Henry the 3. of England in a parliament at Paris made a finall composition for these Lands Lewes the 10. being under age was thought of many unsufficient to govern the Realm and when he had a mind to goe to the holy Warre as it was then deemed he did not undertake it but by the advice of his great Councell of Spirituall and Temporall Lords and persons who assisted him therein Philip the 4. in the 27. yeare of his Raigne raised a great Taxe 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 Taxe all Normandy Picardy and Champaigne allying themselves together utterly refused to pay which other Countries hearing of tooke the same opinion so that a great rumour and murmur was raised throughout the Realme of France in such wayes that the King for pacifying the people was faine to repeale the said Taxe 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 childe was borne which proved a male named Iohn who dying soone 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 Kingdome it being contrary to the Salique law This Philip by advise of evill counsell set a great Taxe upon his Commons to the Fifth part of their movable goods at which they murmured and grudged wondrous sore and before it was levied hee fell into a Feaâ—â—r Quartan and great Flixe whereof hee dyed which Sickenesse fell upon him by prayer of the Commons for laying on them the said grievous Taxe Charles the fifth of France having a purpose to drive all the English cut of Aquitaine and other parts of his Kingdome and being provided of all things which he thought needfull for the doing of it yet would not undertake the warre without the counsell and good liking of the Nobility and people whose helpe 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 wisdome to amend what had by himselfe not altogether so wisely been done and considered of And this warre being at last decreed by the Councell prospered in his hand and tooke good successe Whereas when the Subjects see things done either without counsell or contrary to the wills and decrees of the Senate or Councell then they contemne and set them at naught or else fearfully and negligently do the command of their Princes of which contempt of Lawes 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 Charles dying without Issue Maie leaving his Wife great with Childe Philip Earle ofValoyes his Nephew was by the Barons and Lords made Protector and Regent of the Realme of France untill such time as the Queene was delivered who being brought to bed of a Daughter onely hereupon Philip was crowned King Betweene him and King Edward the third of England and their Councells arose great disputations for the Right and Title to the Crowne of France for it was thought and strongly argued by the Councell of England for so much as King Edward was sonne and sole Heire to his Mother Queene Isabel daughter to King Philip le Beaw that he should rather be King of France then Philip de Valoyes that was but Cousin German to Philip le Beaw Of which disputations the finall 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 inherite the Crowne 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
Coyning and High Treason Anno 1328. Alphonso King of Castile treacherously murthering Don Iohn the blinde his Kinsman in his own Court when he had invited him to dinner on all Saints day and then condemning him for a Traitor confiscating his lands a fact unseemly for a King who should be the mirrour of Iustice Hereupon Don Iohn Manuell stood upon his Guard fortified his Castles revolted from the King for this his Treachery allyed himself with the Kings of Arragon and Granado overran the Countries of Castile from Almanca unto Pegnafield the Prior of Saint Iohns Don Fernand Rodrigues hereupon caused the Cities of Toro Zamora and Vailledolit to rebell 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 ayde 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 lawfull inheritances and pursuing them in their honours and lives by Tyrannous crueltie extending his outragious 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 joyned with Mahumet king of Granado and the Moors in a warre against him which lasted three or four yeers putting him to infinite trouble vexations and expences enforcing him to make a dishonourable peace with the Moors to release the Tribute which they payed him formerly and after much mediation he concluded a Peace thorowout all the Realm with his discontented Subjects This Prince thinking to raign more securely had taken a course of extream severity shewing himself cruell and treacherous to his Nobility whereby he was feared but withall 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 then the first his Nobles holding this for a Maxime That a Tyrant being offended will at some time revenge himself and therefore they must not trust him upon any reconciliation who to pacifie the troubles which had grown by his own errour had made no difficulty to sacrifice upon the peoples spleen his own Mignions degrading and in the end murthering condemning them as Traitors after their death yea the Princes of his own blood taking their goods estates and depriving the lawfull 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 farre as to withdraw themselves from his subjection by protestation and publike act and entred into a league with the King of Portugall 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 milde and courteous meanes to divide them and to draw some of them to his service which he effected and so more easily conquered and reduced their companions 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 priviledges and Lawes of the Realm whereby the inhabitants should govern themselves with libertie to chuse their own Iudges Don Pedro the first king of Castile surnamed the cruell most tyrannically murthering and poysoning divers of his Nobles and subjects without cause banishing others quitting Blanch his espoused wife within three dayes after his marriage to enjoy the unchaste love of Donna Maria de Paedilla by whom hee was inchanted which much troubled the whole Court divorcing himselfe without colour by the advice onely of two Bishops without the Popes assent from Blanch and marrying Jane of Castro in her life time Hanging up divers Burgesses of Toledo causlesly for taking the Queens part too openly and among others a Goldsmiths sonne who offred to be hanged to save his fathers life causing his own brother Don Frederick and divers Nobles else to be suddenly slain Anno 1358. poysoning and murdering likewise divers Noble Ladies among others Don Leonora his own Aunt after which Anno 1360 he murthering 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 poysoned after she had long been kept prisoner by him Anno 1361. Hereupon his cruelties rapines and murders growing excessive and the Popes Legat denouncing him an utter Enemy to God and man Henry Earle of Transtamara his brother with other Fugitives getting ayde from the King of Navarre entred Castile with an Army where by the Nobles importunity he tooke upon him the title of King of Castile and Leon which done the whole Kingdom long oppressed with D. Pedro his Tyranny immediately revolted from him so that in few dayes Henry found himselfe 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 doubtfull what to doe fled with two and twenty Ships out of his Realme to Bayon craving ayde 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 Merchandize they should sell in the Realm to maintaine the warres against Pedro who getting ayde from the English upon conditions accompanied with the valiant Black Prince of Wales entred with a great Army into Spain where the Prince writing to Henry voluntarily to resign the Crown to Pedro his Brother to avoyd 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 murther so many of the blood Royall and other great personages of Castile who had no respect of the Lawes of the Countrey and much lesse of God falsifying his Oathes and promises having no other rule in his actions but his Tyrannous passions Whereupon battell being joyned Henry was conquered and Pedro restored But hee discontenting the English and others who had reseated him in his Kingdome 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 Countrey and withall 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 entred Castile
annoynted when they were crowned as Mr. Selden proves Since therefore all Kings persons are reputed sacred as well as these foure who are annoynted and these Kings as soone as the Crowne descended to them even before their Unctions and Coronations were deemed as sacred and inviolable as before it is certaine that their very enoyling of it selfe makes no addition to their personall immunities from just resistance publike censures or deprivations for grosse unsufferable publike crimes Fourthly the annoynting of Christian Emperours and Kings is not very ancient Charles the great being the first annoynted Emperour if we beleeve Mr. Selden The first annoynted King in France was Pipin about the yeare 750. the annoynting of their Clovis the first about the yeare 500. with that holy Vial of never-decaying Oyle reserved at Rheimes to annoynt their Kings which they say a Dove brought downe from Heaven to annoynt him with a ridiculous Monkish fable much insisted on by Bochellus and other French-men 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 fondly mistake but onely at his baptisme as Mr. Selden manifests by pregnant authorities The annoynting of Kings is farre more ancient in England then in any other Realme as Mr. Selden notes out of Gildas yet Egfert is the first of whose annoynting there is any intimation in our Histories about the yeare 790. To adde to the holinesse of which ceremony some of our Monkes 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 Oyle inclosed in a stone vessell commanding him to preserve it foretelling him that the Kings of England annoynted with this Oyle should be Champions of the Church and bountifull and victorious as long as they had this Eagle oyle How late the Unction of Kings began in other Realmes you may read at large in Mr. Selden and how the later Kings of Judah were annoynted and with what unguent or Oyle the curious may read at leisure in Cunaeus This annoynting therefore of Kings being not of divine institution of such puny date in most Realmes and no wayes necessary nor essentiall to the constitution or Inauguration of any Christian King can adde no immunity or priviledge at all to the persons of Kings much lesse exempt them from all forcible resistance just censures or deprivation it selfe if there be just and reall 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 onely I shall conclude with one notable History which proves it I read in Gulielmus Neubrigensis that for an hundred yeares space and more though there were a numerous succession of Kings in Norway yet none of them ended his life by old age or sicknesse but all of them perished by the sword leaving the soveraigne power of the Realme to their murderers as to their lawfull successors so as to all those who are knowen to have reigned there for so long a time that which is written might seeme to have reference Hast thou slaine and also taken possession The Nobles of this Land out of a pious endeavour desirous to heale this infamous mischiefe obteining now the vigour of a Law as it were through long custome decreed That the new King should be solemnly annoynted with a mysticall unction and crowned so as no man should dare from thenceforth to lay hands on the Lords annoynted For till that time none in that Nation hath ever beene consecrated King after an Ecclesiasticall manner but whosoever had Tyrannically slaine a King put on the person and power of a King thereby and left the same likewise after a little fortune to his murtherer by a law of inveterate custome which verily out of a certaine Christian simplicity was thought by many to have beene therefore so frequently done because none of the former Kings had deserved to be initiated with the solemnitie of a Royall Vnction Therefore Haco being slaine who had succeeded King Jnge slaine by him when the succession of the Crowne seemed to belong to one Magnus a child Nephew to Jnge the Wisemen and Nobles of the Realme by a common Decree caused the said child to be solemnly consecrated to be the Lords annoynted 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 custome was thereby abolished But when Magnus had reigned some few yeares in great prowesse and happinesse 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 battell notwithstanding his annoynting and usurping the Crowne renounced his holy orders married a wife and would have beene crowned by the Archbishop of that Land but he being a great man would neither be moved with prayers nor threats to annoynt an exectable head with sacred Vnction for which he was banished the Countrey at last after two great victories against two competitors who were slaine Suerus obtained the Royall Crowne with mysticall Vnction by the hands of a certaine Bishop compelled thereunto under paine of death as it were secure by his frequent successes from the uncertaine end of a long prospering tyranny c. By which History it is evident that it is but a childish simplicity to beleeve that the ceremony of annoynting Kings can of it selfe make Kings persons sacro-sanct or preserve them from violence or assassinations since it no way prevented this mischiefe in this Realme nor yet in any other the very first King for whose personall safety this ceremony of annoynting and crowning was introduced among the Norwegians and Danes being not long after slaine by his Subjects and competitor in battell I shall close up this with the notable sentence of deprivation solemnly given and executed against Wenceslaus the Emperour notwithstanding his annoynting The sentence of Degradation and Deprivation of the Emperour Wenceslaus King of Romans pronounced by the Electors of the Empire in the yeare 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 knowne to all men present and to come What various manifold and grievous as well incommodities as discords have for many yeares since beene 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 mischiefes daily increasing do manifestly enough