this Trust and Charge upon them and after they have once acquitted themselves of it they are no longer the Representives of the Person of the Church the Church it self ever remains superiour to the Pope and at such time as she thinks good to lay down the Authority of a Pope she may commit it to the Cardinals but that Regal Power draws its origin from the People if the business needed proving it might be without much ado demonstrated from the very Coronation of the French Kings For after this manner doth the Archbishop speak to him when he anoints him Maintain that State and Dignity in which you are placed to succeed your Father by the Law of Inheritance by divine Providence by our present delivering it to you VIII Besides there was ever a great difference between Subjects and Servants Subjects are always looked upon in the Scripture as Sons and Brethren but Servants are accounted as the vilest and most abject of Mortals now then if you ascribe Absolute Power to Princes this difference and distinction would be quite out of doors because the Power of Lords over Servants cannot be greater then Absolute nay and Subjects would be in a much worse condition then Servants for as much as the Power of Lords over Servants cannot be called Absolute If the Authority of Justinian the Emperour may be of any moment in this matter But at this time saith he it shall not be lawful for any Man whatsoever within our Empire without some cause approved of by the Laws to exercise any unreasonable excessive cruelty upon his Servants for by the order of Antoninus whosoever shall slay his Servant without cause shall have no less punishment inflicted on him then if he had killed another mans but even too great and extraordinary sharpness and austerity of Lords and Masters was restrained by the Order of the aforesaid Prince for Antoninus being consulted by some Governours of Provinces about such Servants who took refuge in the Temple or fled to the Statue of the Prince gave order that if the cruelty of Lords and Masters should appear intollerable that they should be compelled to sell their Servants upon good Conditions and the price to be given to the Masters and all the reason in the World for it is expedient for the Common-wealth that none make ill use of what he hath The words of this Extract sent to Aelius Martianus are these the Power and Authority of Lords over Servants ought to be just and blameless nor ought any Person whatsoever to be defrauded of his right but it mightily concerns Masters to see that redress be not denied to those who shall lawfully require it for hardships hunger thirst or intollerable injury M. Antoninus seems in these Clauses to Counsel and Advice Servants and Subjects to take their parts against Tyrants Wherefore take cognisance of the Complaints of those of the Family of Julius and Sabinus who have fled for Refuge to the Sacred Statue and in case they be either more hardly used and intreated then justice requires or if you shall judge them ignominously wronged and abused venire jube cause them to be sold so that they may never any more fall into their Lords clutches and if he shall prove to act otherwise then becomes a subject and shall not submit to this my Ordinance let him understand that I shall execute the severity of the Law against him for such a default This constitution of the Emperors doth altogether correspond with the Law of God by which it is commanded that if any one shall deprive a Man-servant or a Maid-servant of one Eye yea or but of a Tooth then he shall be forced to grant them their liberty Exod. 21. 26 27. God likewise commands that if any one induced by Poverty shall sell himself he shall not be reckoned as a bond Servant but as an hired Servant and a Sojourner he was to serve till the Year of Jubile and then to depart both he and his Children with him he shall return to the Possession of his Fathers he and his Children for they are my Servants which I brought forth out of the Land of Aegypt they shall not be sold as Bonds-men Thou shalt not rule over them with â—igour but shalâ— fear thy God You see that for some certain reasons that is to say for cruelty for hunger or upon the account of insâ—fferable wrongs that Servants might by Gods appointment and by the Emperors Constitutions which have now the force of Laws be exempted from their Masters commands and injunctions Why may not then Subjects be withdrawn from and dispensed of their duty to Princes unsit to bear sway From the Second Book also of the Fiefs or Feudaries Tit. 26. 5. it appears that the Lord is no less capable to commit an act of Treason against the Vassal than is the Vassal against the Lord which if it shall so happen the Lord loseth all his right over the Vassal no nor is that Power of Fathers over Sons Absolute neither though it be founded upon the Law of Nature for a Son is discharged from the Duty to a Farther that with cruelty and beyond all reason misuseth him or if the Father shall thunder out disinheritance against the Son the Laws shall carefully inquire into the occasions of disinheriting and if it be upon â—light Grounds or unadvisedly done that disinheriting shall be lookt upon as null and of none effect Last of all if all Subjects be but Servants what becomes of Peers withcut whom a King cannot try a Peer but if the King hath need of Peers in passing Sentence by Votes what signifies your Absolute Power truly I am even ashamed of those Persons who professing themselves Christians have a flighter opinion of Humanity then the Heathens have It is taken for granted amongst all the asserters and maintainers of Absolute Power by Barklay Grotius yea and by Salmatius the most daring and boldest of them all that the People did not part with or make over all their right to the Prince as for example they did not transfer all their right of chusing to himself a Successor in case the whole Royal Family be extinct Salmatius himself agrees with us in this matter Where the Seed of the Royal Line saith he in hereditary Kingdoms is quite extinct in such case the Power returns to the People to whom it may be lawful afterwards to confer the like Government upon another Person or change it into another form neither did the People grant to the King the right of Allienating the Crown or making it belong to anothers Dominion and that for the publick Good and Advantage for fear least some Stranger or other unfit Person should be set over the People Charles the VI. is a pregnant example of this who at such time as he abandoned Charles the VII his Son and declared and appointed Henry King of England his Son-in-Law Heir to the Crown this disowning and grant was
judged by the People of France of none effect and exploded and so Charles the VII was again fully restored to his Crown and Dignity Francis the First also â—ffords us a notable Instance of this same that a King cannot waâ—rant his aliâ—nating the Dominion of the Crown or make it depend on anothers jurisdiction who after he had redeemed himself out of Captivity wherein he was kept by Charles the V. at the expence of several Provinces the People of France did stiffly maintain that it was not in the Kâ—ngs Power to alienate the Dominion as they called it wherefore when the Salus populi or publick welfare is in Jeopardy the People ever reserved to themselves the Right and Power of defending it and by all ways and means of furthering and advancing it X. Here comes many more still who shall be witnesses against themselves for they say That put the Case the King turn a common Enemy he maâ—y not be removed from the Throne and thus speaks Salmatius If so be out of an hostile mind he be fully bent upon the utter undoing of his Kingdom he doth thereupon ipso facto lose his right to it indeed and may be justly forsaken by his People now he doth then become an open Enemy when he doth not only shed his Peoples Blood right or wrong but when he suppresseth Religion commits Adultery with other Mens Wives defliwers Virgins seizeth and appropriates to himself Mens Estates breaks his word does abrogate and disannul Priviledges and Charters and every where sheweth himself a contemner of divine and human Laws for the Tâ—uth is Thieves Clippers and Coyners Whore-Masters and perjured Persons are no less Felons and do no less deserve condign punishment and death then Highway-men and Murtherers and to speak freely there are but a few practical Tyrants that are not guilty of all these wicked Misdemeanors XI All Christian Princes who are inclined and adhere to the Roman Church do proâ—ess themselves subject thereto in matters relating to Faith and Good Manners and so do the two Councils of Constans and Basill injoyn Wherefore when they commit any heinous Offence against Faith and Good Manners no body qâ—estions but that the Church may proceed against them by Excommunication but if despising a lesser Excommunication they shall grow hardned in their wickedness let them be struck with the Thunder-bolt of a greater which differs from deposition or final reliction only in term of time and in length if they do not appease the wrath of their Judge by repentance and amendment it then may end in exterpation and deposition History supplies us with so many examples of this Nature that who so requires to have them produced shews himself but an ignoramus in ancient Records who knows not that Henry the IV. King of France could never be acknowledged till his Ambassador being beaten with a Stick by the Pope's own Hands he had expiâ—ted and was punished for his Heresie as they suppose who can be ignorant that Philip the August for his repudiating Isemburga his Consort and taking to Wife Mary Agnes had very like to have lost his Crown and Dignity if any would be certified how far the greater Excommunication may proceed let him have recourse to Philip the August wherein he may also meet with the Story of John Sans terre mentioned before nay and did not St. Germain Bishop of Paris whose Authority came far short of that of the Pope inflict the penalty of Excommunication upon Sigisbert King of Austravia What 's the reason then why the States of the Realm amongst whom is to be found very many learned in the Law of Nature and of Nations may not turn out and depose a convicted and incorrigible refractory Tyrant especially since a fault may be more descerned in Temporals then Spirituals and seeing that it spreads it self with more dangerous consequences amongst the People and that the Tyranny of a Prince does them much more harm then his Heresie XII The imperial Dignity without all dispute is greater then the Regal for an Emperor can create Kings but to create an Emperor was never the Power of any King that was always left to the People as their business only but now the Emperor how high soever his Dignity be pays homage to the Empire why then may not a King do the like to a Kingdom the Empire may warrant their not standing by an unfit Emperor with their Lives and Fortunes even by the Laws which falls out ever and anon Why may not then a Kingdom forsake and dethrone a King unfit for ruling XIII Again Absolute Power sets the Door wide open not only to the disorderly Vices of Princes but also of the People because Regis ad exemplum â—â—us componitur orbis every one strives to follow the Fashion at Court we read of Cambyses that when he was acquainted by some debauched flatterers that there was a certain Law which gave leave to the King to do what he listed married his own Sister and after that did allow of such kind of marriages to wipe off the scandal and appearance of Sin and it is not so long ago since we saw the Husband of a Wife debauched by the King to debanch and steal away the Wife of another from her Husband and all that connived at too by reason of the King 's ill example So that we see that the fear of God's Law is not enough to restrain and bridle the King's lusts and unruly affections for frequent experience tells us that it is not at all sufficient Tam facilé pronum est Superos contemnere testes Si mortalis Idem nemo Sciat So easily Men with the Gods make bold When they alone behold the Sin we act No Mortal being witness to the Fact Except it be again and again inculcated to Princes that God is pleased to make use of Men appointed on purpose to vindicate and enforce his Laws in the World for there is nothing more common with Princes then to think the greatest Power to be the greatest License to do what they please as may be exemplified in Vortigerus King of England who in the rage and heat of his Lust espoused his own Daughter XIV If Monarchical Government were Absolute it would be the less noble then the Democratical for Democracy is the Dominion over Free-born Men for it implies a contradiction for a People in the same respect both to rule and obey but a Monarchy if it be unlimited is the ruling over Servants but now the Government over Freemen is a great deal more noble then that over Servants even as the Authority and Power of a Father over his Son doth far excel the Power of a Master over his Slaves It makes not at all against us that God's Power over his Creatures is Absolute for I acknowledge that there can be no certain conclusion gathered from God to his People by reason of the vast disproportion and immensity between his
at such time as it confines it self within its just limits No Man of judgment will ever condemn any sort of Government whatsoever when is it settled and is agreeable to the Humour and Genius of the People What I have advanced that toucheth them the most to the quick is taken from a Sermon that Gerson Chancellor of the University of Paris Preached before King Charles the VI. and the Dolphin who found no fault with it If I have defended the Conduct and Proceeding of the Parliament of England it is because they have changed the Governor only but not the Government and that it had substituted in the room of an Oppressor a pious just and wise Prince Nay and a Prince too who was rightful Heir to the Crown whom they went about to dispoil and devest of his Rights by a certain fraudulent way never heard of in any Age. Some may be apt to say that this Treatise would have come more seasonably three Years ago then now I grant that but I had not then the opportunities and helps I met with since which were absolutely necessary for me nay I must confess I had not so much as thought of it had it not been for an insipid and impudent French Book which hath made a great Noise in the World 't is call'd Advis aux Refugiez the impertinent Scribler of this Libel by establishing Absolute Power in a gross manner which smells more of his Pension then of Love for Truth hath wickedly charged all those of his Nation of Rebellion who did not blindly obey the Will of their King and involves the English Nation in the same if not in a greater for loving its Religion and its Laws I was moreover confirmed in my Design by the reading of a posthumons Piece of Richer Dr. of Paris which was published the last Year as well as the other and upon the same Accunt I have in compiling this Piece been more solicitous about things than words and that is the Reason why one will scarce find in it any Ornaments but such as do naturally arise from the subject Matter whether I have succeeded well in the Design I have propounded to my self I leave that to the Readers judgment I will assure him only that I have been exceeding faithful in whatsoever I have reported from the Authors I have quoted The Defence of the Parliament of England in the Case of JAMES the Second NExt to the Questions that are conversant about Faith there is not any one of greater consequence we meet with that falls under debate than that Question touching Regal Power for it highly concerns the Publick to understand whether or no it be limited and circumscribed by humane Laws or is to be accounted supreiour to them all It will be therefore worth our while especially in this new unexpected Conjuncture and change of the British Affairs that have so much astonished the World to attempt some discourse of it exactly and succinctly But now to decide each Controversie that may arise concerning Regal power as well by divine as humane Rights nothing seems more to the purpose than to begin with the Authority Ecclesiastical tempered and allayed with the Civil for since it consists of both Rights it deservedly holds the first place and amongst humane Authorities is lookt upon as the greatest Come on then as Studiers of brevity laying aside any further preamble let us hasten to the matter in hand CHAP. I. Decrees of several Councils whereby the Regal Power is Circumstantiated and Bounded within its Limits THe Fourth Council of Toledo assembled out of Ecclesiastical persons and States of the Realm Anno 633. which is named by the Spanish Councils The Grand and General Council concerning Kings that shall hereafter succeed We Enact and Decree this Sentence â—aith the Council that if any amongst them contrary to the respect due to the Laws out of an haughty arbitrary ambition to Lord it over his Subjects shall assume and exercise Cruelty and Tyrannical power and shall abandon himself to unjust and vitious excesses and shall exercise cruelty over his People Let him be condemned by the Sentence of Anathema from our Lord Christ and may be receive judgment and condemnation from God for asmuch as he hath presumed to act wickedly and to bring the Kingdom to ruin and destruction But as for Simithilana who dreading his own evil courses hath abdicated and forsaken his Kingdom and divested himself of Regal Authority It is by and with the consent of the Nation Decreed That we will never admit him or his Wife by reason of the exorbitant mischiefs they have committed no nor his Sons into our Unity or Communion nor over advance or promote them at any time to those Dignities and Honours from which they by their iniquity have lapsed and fallen 'T is to be observed that this Convention or Synod composed of the States of the Nation or rather of the whole Nation in general do in the Synod put Kings in mind of their duty and withal do exert their power upon male-administratours and that not in words only but in truth and effect as evidently appears by the example of Simithiliana between whom and King James there is a most wonderful and particular resemblance as also an exact conformity and agreement between the Synod and Act of Parliament The Sixth Council of Toledo assembled of Ecclesiastical persons and States of the Nation An. 676. a Law of King Chintilanus about banishing the Jews out of the Realm being introduced with commendations annexed the Synod adds these words But this is by us with all care and diligence to be established least the heat and energy of it and our labour should abate and prove of none effect in our Posterity wherefore by an unanimous consent of heart and tongue together with the consent of his Peers and mature deliberation of the Nobility we decree and enact That whosoever in future Ages shall chance to be intrusted with the supream management of the Realm shall never aseend the Regal Throne before amongst other obligations and solemn Oaths of conditions to be performed he shall promise and declare that he will vever suffer the Jews to violate the Catholick Faith moreover that by no manner of wayes he shall be abetting to their treachery or induced by any neglect or covetousness shall open the way to their prevaricating who run headlong to down right Paganism and Infidelity but what is most aimed at and desired in our time is that he should remain untainted and blameless for the future for in vain is it to do good if perseverance in the same be not provided for wherefore at such time as conformable to the said order he shall be admitted and have access to the Throne to hold the reins of Government if he shall prove to be a violator of this promise let him be Anathama Maranatha from the presence of the everlacting God and may he afford fuel to everlasting Fire yea of
the like punishment be any one of the Clergy or any Christian whomsoever who shall be involved in his errour be thought worthy By the Law of the Fiefs and Feudaries which contain also Empires and Kingdoms a Vassal doth not owe feality or service to his Lord once excommunicated nay he is even absolved of his Oath of Allegiance as may be seen in Lib. 2. Feudor Tit. 28. S. 1. In this Decree of the Senate we meet with two things observable First Thâ—t the King is obliged by an Oath not to permit the Catholick Faith to be violated or infringed the other is That in case he shall be found a violator of this same pâ—omise that he shall incur the censure of Anathema lie and all his complices and adherents Both these do run exactly parallel with the case of K. James for he promised when he came to the Crown That he would not suffer the Religion of the Church of England to be violated by the Papists whose banishment out of the Kingdom had been oftentimes debated he stood not to his word nay he shews himself a Ring leader and authoriser of such who endeavoured might and main the subversion of the said Religion he is therefore made justly sensible of the Parliaments severity in discarding and disowning him By this Deree it is likewise prohibited that none shall ascend the Regal Chair except he be a Catholick The same Synod C. 17. adds moreover Unless by his demeanour and good conversation he be thought fit and worthy to be advanced to Regal authority much more unless he be judged fit upon the account of his orthodox Religion This does very much countenance and justifie the Parliaments proceedings in their Act whereby it is expresly provided that none shall ascend the Throne except he be a favourer at least of the Church of England Now it will not be amiss to hear K. Beccesuinthus in the Eighth Toledo Council confessing that the unrully desires of Kings had need of being checkt and restrained who signed and ratified this Law for himself and Posterity Since then in the Ages successively last past the immoderate unbounded covetousness of Kings hath extended it self to the spoils and incroachments upon the people and that the lamentable Imposition and burthensome Taxes have much augmented their lawful Revenues at length it is revealed to us by divine Inspiration that seeing we prescribe Laws and Statutes of respect and obedience to be observed by the Subjects it is meet we should set some bounds of restraint and temperance to the vitious excesses of Princes Moreover out of our princely clemency and after due consideration as well for our selves as for all those who shall succeed us in our glory we by Gods assistance do enact a Law and do publish and declare that no King upon any private motive or impulse or by any Faction shall take away by force or cause to be taken away any writings or deeds concerning any thing due to another so that he may prove himself unjustly to be Lord of and lay claim to the things so due to them K. James offended against this Law when following his brother Cha. II. his steps he vsolently by Quo Waranto deprived Citizens of their Charters and did in a manner wholly cancel and disannul the Priviledges and Immunities of the Nation King Beccesuinthus was not of these Opinions that Kings were Lawless who enacted a Law for himself and his successors Let us on the other hand return to the Synod prescribing Laws to Kings From hence saith the Synod may Kings convince Men that all things is owing to them and depends on them when they govern all things wisely whence they doubt not but that these things are due not to their Person but to their Power and Dominion 't is Rights that make a King not his Person for to be King does not so much consist in the ordinary meanness of personal qualities as in his honour and sublime grandeur the things then that are due to honour are assistant to honour and what Kings heap up and amass they leave to the Kingdom that forasmuch as the glory of the Kingdom casts a Lustre upon them so they likewise do not imbezle or diminish the Kingdoms glory but render it more glorious besides 't is requisite that those who are constituted Kings should have minds full of care in ruling in acting with a great deal of moderation in decreeing righteous judgment in sparing and having a tender regard to such who are willing to obey in procuring sew parties in siding with fewer A little below that Whilst the vastness of the propriety of Princes includes all in the Bosom of its receivings and nothing but the Princely Belly is stuft all the rest of the Members of the Nation drain'd and exhausted languish and decay for meer lack of sustenance from whence it comes to pass that neither the Commonalty can receive any succour and assistance neither can great ones maintain their dignity because whilst the force of Power hath seized on all the State of the Commonalâ—y are not in a condition to defend the least Rights the Synod do very warily and discreetly prescribe to Kings their duty and do withal neatly decypher to us a Kingdom ruled by a Tyrant such an one as is not to be found in this World The Spaniards grown weary of King Wamba's Government shut him up nolens volens in a Monastry to do penance and compelled him to elect Ervigius Grandee of Spain taking no notice of Theofredus his Son the Twelfth Synod of Toledo was held on purpose to confirm this Ervigius Anno 682. and this is the Language of the Synod And by that means the Peoples hands were loosed from all Bonds and Obligations of an Oath which during the Reign of the said Wambal were kept fast tyed paying duty and allegiance only to this Prince Lrvigius being at liberty by all demonstrations of acceptable homage whom the very Divine Decree had fore-ordained to the Kingdom and the kind and courteous People in general wisht for wherefore these things considered and in acknowledgment of this favour we are to serve none but God alone and our King Ervigius and we are to be obedient to him and devoted entirely to his Will let us then perform with a ready mind and without reserve endeavour to do whatsoever may conduce to the welfare and security of his Royal Person whatsoever may promote the real Interest of him and his Country Now must we hear Ervigius himself accosting and bespeaking the Fathers of the Synod For this in general I beg of you saith he that whatsoever doth not comport with the Laws of our glory if there be any thing that may seem contrary to justice and equity it may be rectified by your good disposition meekness and judgement The same Ervigius how much he esteemed the decrees of these Councils abundantly shews in the Thirteenth Toledo Synod which he Harangues after this manner for 't
is as clear as the Sun at Noon-day that whatsoever the sacred Assembly of Prelates hath thought fit to be observed is by the special grace of the Holy Ghost ordained and prefixt and settled to all eternity and is inviolably to be observed I beseech you therefore and conjure you the whole Assembly of reverend Prelates and you most excellent Princes and Peers who by your homage and duty to the Court are obliged to sit in this sacred Assembly I command you I say by the Mistery of the holy Trinity that if there be any thing before you shall be judged needful to be decreed or repealed as well what by us hath been offered to your consideration as also what else may have come to your hearing on behalf of the People that you would be careful to decide and clear it with an unanimous vigour of justice accompanied with a due proportion of mercy Ervigius behaves himself before the Synod with abundance of modesty who humbly implores their justice and mercy and laying aside all lostiness of mind sensible of his own in abilities to undertake such a charge submits himself to its censure We do not find it so now a days no no but now you must take notice that the asorementioned Spanish Kings were of the Gothic Race but as to their Religion having renounced Arianisme they became sound and orthodox from the time of Ricared they had likewise won the Kingdom of Spain by force of Arms and the â—ight got by diâ—t of Sword is accounted the best Title by your Civilians Now let us proceed to the French The first that presents himself is Childeric the 3 d. the very last of the Mâ—rovingian Race who was deposed by the Parliament and hurled into a Monastry Now there were present in this Parliament divers Bishops amongst the rest was Boniface a Bishop of Mentz of great reputation who set the Crown on Pepin's Head who was put in the place of Childeric No body can be ignorant of that notable Story of Lewis the pious Son to Charles the Great who in the Synod of Compeign composed of Bishops and Peers of the Realm Anno 833. was tumbled from his Throne and forced into a Monastry Synods in those days were made up usually of the Clergy and the States of the Nation which was much the best way especially in general Councils for it is certain that for the most part the covetousness and ambition of the Clergy commonly corrupt both Divine and Human right Nor after what manner the Capetians were by consent of all the French substituted in the Room of the Carlovingians and how Lewis the Eleventh was surrounded with thirty six Commissioners without whose Advice he could not govern the Common wealth as known to all we omit But what on this Subject is beyond all exception and may stop the Mouth of the Patrons of Tyranny is the Consent of all the Christian Princes in the Convention of Arras The business thus Charles the Seventh whilst he was but yet Dolphin commanded John Father to Philip Duke of Burgundy traiterously to be assassinated thereupon a bloody War arose between the two Princes but at length by the mediation and procurement of the Counsel of Basil and Pope Engenius a Council was called and held at Arras for composing Differences whereunto the noblest part of Europe had resort It was saith Mezeray the noblest and greatest of that Age thither did all Christian Princes except King Henry of England who disputed the Crown of France with Charles send their Agents and Plenipotentiaries and Eugenius his Ambassadors A Peace being once clapt up between the two Princes it was covenanted and agreed upon that if either of the two Princes should not stand to their words but violate the Articles of Agreement that then his Subjects absolved of their Oaths might lawfully send Succours to another Prince against the breaker of the Covenant here you may plainly see that all Princes do unanimously agree in absolving Subjects of their Oaths of Allegiance besides you may see that a Vassal doth covenant with his Lord upon equal Conditions for Philip was Vassal to Charles So much the more is the simplicity of those to be laught at who dare affirm that Princes are not so much as bound by Oath to their Subjects for performance of the Articles of a Treaty when God himself is obliged to fulfill his promises the Lord hath sworn and will not repent and the holy Scriptures declare that all controversies are decided by an Oath as if Princes were obliged to resemble God Almighty in respect of his power and not in respect of his faithfulness and veracity But not to deviate too much from our present purpose If it were lawful for Subjects to levy War against their Prince for violating his word past to a Foreiguer I cannot see why it should be deemed an hainous offence to spurn and resist Tyranny when they themselves are galled and oppressed The Brittish History likewise furnisheth us with a long series of Examples of this Nature but too great a Prolixity especially in matters of themselves otherwise plain and evident is tedious and troublesome Let one therefore and that very considerable in its self suffice which is this John surnamed Sans terre or without Land King of England and Duke of Brittain standing excommunicate by Pope Innocent the III. and his Subjects absolved from their Oath of Allegiance the Kingdom of England was devolved upon Philip the August Now Philip relying upon this donation of the Pope having fitted out a huge Navy was just ready to fall upon and Invade England when John by his submission and obsequious compliance regained the Pope's favour Neither did Philip for all that desist from his enterprize for he gave his Consent that the Nobility of England should choose Lewis his Son Husband to Jone K. John's Niece for their King and should Crown him in London accordingly the Matter proceeded to Suit and Tryal before the Pope still a great favourer of John the Ambassadors of Lewis who solioited his Cause at Rome mainly urged that John was never Leige King because he was condemned by the Peers of France to have his Head cut off for the Murder committed on the person of Arthur his Nephew moreover that if he were a King yet that he had notwithstanding forfeited his Crown by turning a Tyrant and that it was Tyranny as they said to subvertand destory the Regal Power the death of John stops the Proceedings and ends the Difference and his Son Henry placed in his stead Pray let the French take special notice of this Passage who are out of humour and ill satisfied at the last Revolution and Change of the British Empire and if they are wise let them take warning whilst they may by their own consession Tyranny quite overthrows Kingly Power and it evidently appears by their own Example that the Throne of a Tyrant may justly and lawfully be possessed by another and in