in Parliament out of Parliament His imposing of Taxes and Contributions in all Countries where His Forces are beyond mens estates and annuall revenues His burning sacking pillaging murdering ruining of His own Kingdom Subjects both by Sea and Land and putting them out of His regall Protection His raising of an Army of English Irish Scottish French and Germane Papists to maintain and settle the Protestant Religion among us which they have plotted totally to extirpatâ— as appears by their proceedings in Ireland England and the late plot discovered among the Archbishops Papers and the like are warranted which questions I doubt would put them to a non-plus and silence them for eternitie yet to satisfie their importunitie and stop their clamorous mouthes I shall furnish them in brief with some Presidents in point in all States and Kingdoms of note in former in latter times and in our own Realm too In all the civill warres between Kings and Subjects in the Romane and Germane Empires France Spain Aragon Castile Hungary Bohemia Poland Denmark Scotland and other Kingdoms mentioned in the Appendix They shall finde that the generall Assemblies of these States Lords Commons without their Emperors or Kings assents did both raise Forces impose Taxes yea and seise on the Imperiall and Royall Revenues of the Crown to support their wars against their Tyrannicall oppressing Princes In Flaunders heretofore and the Low-Countries of late yeers thâ—y have constantly done the like as their Excises long since imposed and yet on foot by common consent without the King of Spains good liking to preserve their Liberties Religion Estates from the Spanish Tyranny witnesse which every one willingly at the very first imposition and ever since hath readâ—ly submitted to being for the publike preservation The like hath been done in former ages and within these five yeers in the Realm of Scotland the same is now practised even without a Parliament by the Popish Rebels both in Ireland and England who have laid Taxes upon all Ireland and all the Romanists in England for the maintenance of this present Rebellion and yet neither King nor his Counsell nor Royallists nor Malignants for ought I can read or hear have ever so much as once written or spoken one syllable against it when as many large Declaration Proclamations Inhibitions in His Majesties Name and at least fortie severall Pamphlets have been published by Malignants against this Assessement of the Parliament and the Levying or paying thereof strictly prohibited under pain of high Treason such a grand difference is there now put by the Royall Court-partie to the amazement of all intelligent men between the Irish Rebels now the Kings best Subjects as it seems who may do what they please without censure or restraint and the English now un-Parliamented Parliament though perpetuated by an Act of Parliament who may do nothing for their own or the Kingdoms safety but it must be high Treason at the least O temporâ ô mores Quis 〈◊〉 fando temp ret a lachrymis Adde to this That the Lords Justices and Councell in Ireland the twenty nine of June 1643. have without authoritie of Parliament or King for their present necessary defence against the Popish Rebels there imposed an Excise upon most commodities in that Realm here lately Printed which no man can deem Illegall in this case of absolute necessitie But to come close home unto our selves who is there that knows ought in historie and policie but must needs acknowledge That the Brittains and Saxons warres of this Realm against their oppressing Kings Archigallo Emerian Vortigerne Sigebâ—rt Osred Ethelred Beornard Leowulfe Edwine whom they deposed for their Tyranny and mis-Government That our Barons long-lasting bloody warres against King John Henry the third Edward the second Richard the second and others fore-mentioned were maintained by publike Assessements and Contributions made by common consent even without a Parliament and with the Revenues and Rents of the very Crown which they seised on as well as the Castles and Forts This being a true rule in Law Qui sentit commodum sentire debet onus All the Kingdom had the benefit of regaining preserving establishing their Fundamentall Charters Laws Liberties by those warres therefore they deemed it just that all should bear a share in the charge and burthen by voluntary Assessements without King or Parliament During the absence of King Edward the third in France The Lords and Commons in Parliament for the defence of the Realm by Sea and Land against forraign Enemies granted an ayde of the ninth Sheaf Lamb and Fleece besides many thousand Sacks of Wooll and the ninth part of other mens Estates in Towns and Corporations and disposed both of the Money and Militia of the Realm for its defence as you heard before The like did they during the Minorities of King Henry the third King Richard the second and King Henry the sixth as the premises evidence without those Kings personall assents Anno Dom. 1259. Richard King of Romans coming with a great Navy and Army of Germans and forraigners to ayd his Brother King Henry the third against the Barons thereupon the Barons sent out a fleet to encounter them by Sea and prepared a strong Army of Horse and Foot by Land that if they prevailed against them at Sea which they feared not yet they might valiantly and constantly entertain and repulse them on the shore and dry Land which the King of Romans being informed off disbanded his forces and came over privately with three Knights onely attending him This was done without the Kings assent and yet at publike charge When King Richard the first was takâ—n particular by the Emperour in his return from the holy Land by Authority of the Kings Mother and the Kings Justices alone without a Parliament it was decreed that the fourth part of all that yeers Rents and of all the moveables as well of the Clergy as of the Laity and all the Woolles of the Abbots of the Order of the Cistersians and of Semphringham and all the Gold and Silver Chalices and Treasure of all Churches should be paid in toward the freeing and ransome of the King which was done accordingly If such a taxe might be imposed by the Queen Mother and Justices onely without a Parliament for ransoming the King alone from imprisonment may not a taxe of the twentieth part onely of mens estates be much more justly imposed on the Subjects by an Ordinance of both Houses in Parliament without the King for the defence and perservation both of the Parliament and Kingdom to when hostily invaded by the King In few words the King and his Councell yea his very Commanders without his speciall Commission or advice have in many Countries imposed large monethly weekly Contributions and Assessements on the People beyond their abilities and estates yea upon the very Speaker and Members of the Commons and Lords House notwithstanding their Priviledges of Parliament which they say
he had suffered the Royall Rights especially the Dukedome of Millain to be taken from him In the Polish kingdom there is an ancient Law of not alienating the Lands of the Kingdom of Poland renewed An. M.CCCLXV by king Lewes There is the same Law in the Realm of Hungary where we reade that Andrew king of Poland about the year M. CCXXI was accused before Pope Honorius the third that neglecting his Oath he had alienated the Crown Lands The like in England in the Law of K. Edward An. M.CCXCVIII Likewise in Spain by the Constitution made under Alphonso renewed again MDLX in the Assembly at Toledo which Lawes verily were enacted when as custome for a long time before had obtained the force of a Law But verily in the kingdome of France wherein as in the pattern of the rest I shall longer insist this Law was ever sacrosanct It is the most ancientest Law of the Realme I say the Law born with the Kingdom it self Of not alienating the Crown or demesne Lands renewed in the year M D 66. although it be ill observed Two cases onely are excepted Panage or Apennage aliments to be exhibited to his children or brethren yet so as the clintelary right be alwayes retained again if warlike necessitie require it yet with a pact of reddition Yet in the interim both of them were heretofore reputed void unlesse the Assembly of the three Estates had commanded it but at this day since a standing Parliament was erected it is likewise void unlesse the Parliament of Paris which is the Senate of Peers and the Chamber of publike accounts shall approve it and the Presidents of the Eschequer also by the Edict of Charles the 6 and 9. And this is so farre forth true that if the ancient Kings of France would endow any Church although that cause then seemed most favourable they were bound to obtain the consent of the Nobles as king Childebert may be for an example who without the consent of the French and Normans durst not endow the Monastery of S. Vincents in Paris as neither Clodoveus the second and the rest Moreover they cannot release the Royalties or the right of nominating Prelates to any Church but if any have done it as Lewes the eleventh in favour of the Church of Sennes and Philip the fourth of Augiers Philip Augustus of Naverne the Parliament hath pronounced it void The king of France when he is to be Crowned at Rheimes sweares to this law which if he shall violate it avails as much as if he contracted concerning the Turkish or Persian Empire Hence the Constitutions or as they callit the Statutes of Philip the sixt John the 2 d Charles the fift sixt eight of resuming those things which were alienated by their Ancestors of which resumptions there are many instances cited by Hugo Grotius de Jure Belli Pacis l. 2. c. 14. n. 12. 13. Adnotata Ibid. Hence in the Assembly of the three Estates at Towres An. 1323. 1360. 1374. 1401. 1483. in which Charles the eight was present many Towns of the alienation of Lewes the eleventh his Father which he had by his own Authoritie given to Tancred Castellan who demerited well of him were taken from his Heirs which even in the last assembly of the three Estates held at Orange was again decreed Thus concerning publike Lands But that it may the more evidently appeare that the kingdome is preferred before the king that he cannot by his private Authoritie diminish the Majestie which he hath received from the people nor exempt any one from his Empire nor grant the right of the Soveraign Dominion in any part of the Realm Charles the great once endeavoured to subject the Realm of France to the German Empire but the French vehemently withstood it a certain Vascon Prince making the Oration The matter had proceeded to Arms if Charles had proceeded further Likewise when some part of the Realm of France was delivered to the English the supreme right was almost perpetually excepted but if Force extorted it at any time as in the Brittish League wherein king Iohn released his Soveraign Right in Gascoigne and Poytiers the king neither kept his Contract neither could or ought he more to keep it then a Captain Tutor or Guardian as then he was who that he might redeem himselfe would oblige the goods of his Pupils By the same Law the Parliament of Paris rescinded the agreement of the Flusheners wherein Charles of Burgundy extorted Ambian and the neighbour Cities from the king and in our time the agreement of of Madrit between Francis the first a Captive and Charles the fift the Emperour concerning the Dukedome of Burgundy was held void and the Donation of Charles the sixt of the kingdom of France by reason of death conferred on Henry king of England may be one apt argument of his extreme madnesse if others be wanting But that I may omit other things which might be said to this purpose by what right at last can a king give or sell his kingdom or any part thereof seeing they consist in the people not in the walls now there is no sale of free men when as Land-Lords cannot so much as constrain their free Tenants that they should settle their Houshold in any other place then where they please especially seeing they are not servants but Brethren neither onely are all kings Brethren but even all within the Royall Dominion ought to be so called But whether if the king be not the proprietorie of the Realme may he not at least be called the usufructuary or receiver of the profits of the Crown Lands Truely not so much as an usufructuary A usufructuary can Pawn his lands but we have proved that kings cānot morgage the Patrimony of the Crown A fructuary can dispose or give the profits at his pleasure contrarily the great gifts of the king are judged void His unnecessary expences are rescinded his superfluous cut off what ever he shall convert into any other but the Publike use he is thought to have violently usurped Neither verily is he lesse obliged by the Cincian Law then any private Citizen among the Romanes especially in France where no gifts are of force without the consent of the Auditors of the Accounts Hence the ordinary Annotations of the Chamber under prodigall kings This Donation is too great and therefore let it be revoked Now this Chamber solemnly swears that whatsoever rescript they shall at any time receive from the king that they will admit nothing which may be hurtfull to the kingdom and Commonweale Finally the Law cares not how a Fructuary useth and enjoyeth his profits contrarily the Law prescribes the king in what manner and unto what use he ought to put them Therefore the ancient kings of France were bound to divide the Rents into four parts one part was spent in sustaining the Ministers of the Church and the poor another upon
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
Empire in the Greek and German Empires derived out of it in the old Graecian Indian Aegytian Realmes in the Kingdomes of France Spaine Italy Hungary Bohemia Denmarke Poland Sweden Scotland yea of Judah Israel and others mentioned in the Scripture the Supreame Soveraignty and Power resided not in the Emperours and Kings themselves but in their Kingdomes Senates Parliaments People who had not only a power to restrain but censure and remove their Emperours and Princes for their Tyranny and misgovernment With an Answer to the Principal Arguments to prove Kings above their whole Kingdomes and Parliaments and not questionable nor accountable to them nor censurable by them for any exorbitant Actions HAving finished the preceding Treatise which asserts The Supreame Authority and Soveraigne Power in the Realme of England legally and really to reside in the whole Kingdome and Parliament which represents it not in the Kings Person who is inferiour to the Parliament A Doctrine quite contrary to what Court Prelates and Chaplaines have for sundry yeeres inculcated into our Kings and People who preach little else but Tyranny to the one and Slavery to the other to support their owne Lordly Prelacy and hinder an exact Church Reformation and directly opposite to the resolutions of many malignant Courtiers Lawyers and Counsellours about His Majesty who have either out of ignorance or malice created him a new Utopian absolute Royall Prerogative unknowne to our Ancestors not bottomed on the Lawes of God or the Realm for maintenance of each Punctilio whereof against the Parliaments pretended Encroachments the whole Kingdome must be engaged in a destructive civill Warre now like to ruine it I could not but conjecture how in all probability these Clergy men Courtiers and Lawyers out of their unskilfulnesse in true Divinity History Law and Policy would upon the first tydings of this strange Doctrine passe a sentence of Excommunication and death against it as guilty not onely of Heresie but High Treason and judge it such a monstrous Antimonarchicall Paradox as was never heard of in much lesse claimed or practised by any Kingdome Realm or Monarchy whatsoever To anticipate which rash censures and undeceive both Kings and Subjects whom these grosse Parasites have over-long seduced in this point to their prejudices convince the consciences of all gainsaying Malignants irradiate this long obscured verity whose seasonable discovery may through Gods blessing conduce very much to period the present Differences between King and Parliament touching matters of Prerogatives and Priviledges claimed by either I conceived it not only expedient but necessary to back theforecited presidents of our own Kingdom with paralelled examples in most forraign Realmes and Monarchies in which it is not mannerly to be overbusie without just cause which I have faithfully though sudenly collected out of the best approved Authors and Historians whereby I shall infallibly prove that in the Roman State and Empire at the first in the Greek Empire since in the German Empire heretofore and now in the ancient Kingdomes of Greece Egypt India and elsewhere in the Kingdomes of France Spaine Hungary Bohemia Denmarke Sweden Poland Scotland and most other Kingdomes in the world yea in the Kingdomes of Judah and Israel and others mentioned in Scripture the Highest Soveraigne Authority both to elect continue limit correct depose their Emperours and Kings to bound their royall power and prerogatives to enact Lawes create new Offices and formes of Government resided alwayes in these or Princes persons I shall begin with whole Kingdomes Senates Dyets Parliaments People not in the Emperors Kings the Roman State as having much affinity with curs which was long under their command heretofore After the building of Rome by Romulus and Remus Romulus being elected King divided the people into two Rankes those of the highest quality he stiled Senators making them a Court of Counsell and Justice much like our House of Peeres the other he termed The People being the body of the State and representing our House of Commons In this distinction made by the Peoples consent the Soveraigne Authority to elect Succeeding Kings to enact binding Lawes to make warre or peace and the like rested not in the Kings person but in the Senate and people joyntly if they accorded yet principally in the people in case either of assent or dissent between them their very Kings and Lawes having their greatest power and efficacy chiefly from the peoples election and assent To begin first with their Kings Election and Authority when Romulus their first King deceased there arose a great controversie in Rome about the Election of a new King for though they all agreed to have a King yet who should chuse him and out of what Nation he should be elected was then controverted In the Interim to avoid confusion the Senators being 150. divided the Regall power between them so as every one in his turne in Royall Robes should doe Sacrifice to the Gods and execute Justice six houres in the night time and six houres in the day which tended to preserve an equality among the Senators and to diminish the envie of the people when in the space of one night and day they should see one and the same man both a King and a private person But the people disliking this Interregnum as tending to put off the Election of a King that the Senators might keep the principallity and divide it among themselves cried out that their bondage was multiplyed having an hundred Lords made instead of one neither would they suffer it any longer unlesse they would admit a King created by themselves Hereupon the Senate thinking it best to offer the people that which they were like to lose to gaine their favour Summa potestate populo permissa permitted to the people the chiefe power of Electing a King but yet that they might not give away more right then they deteined they decreed That when the people had commanded and elected a King it should be ratified if the Senators should approve it or be reputed the authors of it Then the Interex assembling the people spake thus unto them O Romans REGEM ELIGITE chuse yea King so the Senators thinke fit and if he be one worthy to succeed Romulus they will approve him This was so gratefull to the people that lest they should be overcome with the benefit they commanded that the Senate should decree who should reigne at Rome At last Numa Pompilius was named and none of the people or Senate daring to preferre any before him all of them joyntly decreed that the Kingdome should be conferred upon him Whence Canubius the Tribune of the people in his Speech against the Consuls long after used these words Numa Pompilius POPULI JUSSU Patres autoribus Romae Regnavit Reges exacti JUSSU POPULI which manifests the chiefe power to be in the people Numa departing Tullus Hostilius by the people command consent and approbation was made King which Livy thus expresseth Tullum
to the Barbarians and others taking this occasion and opportunity and grieving that the Empire of the world which with their blood they had gotten and established by their vertues should be governed and ruined by Irene a lewd woman Constantines mother who swayed all at her pleasure did thereupon elect and proclaime Charles for their Emperour and commanded Pope Leo to crowne him Platina Blondus Nauclerus Sabellicus Aventinus Sigebert â—risingensis and Aeneas Sylvius all record that this was done not by the Popes authority alone as some late Romanists pretend for he poore man had no such power but by THE DECREE DETERMINATION ASSENT AND REQUEST OF THE SENATE AND PEOPLE OF ROME who tacito SENATUS CONSULTO PLEBIS CITOQUE DECERNUNT to transferre the Empire JURE SUO By their owne right from the Greekes to the Germans and from Constantine to Charles the Great ever since which time it hath continued thus divided in the blood of Clarles and other French and German Princes A most cleare demonstration that the most absolute Soveraigne power and disposall of the Empire resided not in the Emperours themselves but in the Senâ—â—e and people even from the very first Emperours till this partition of the Empire more then 800 yeares space and that their Emperours neglect to protect to ayde them against their enemies when they needed and craved help was a iust ground for them to reject his Soveraignty yea to create a new Empire and Emperour of another race as Pope Leo with all the Roman Clergy Senate and people then resolved not only in point of State policy but of Conscience too upon which very ground not only the Spaniards fell off from the Roman Empire electing them Kings and erecting Kingdomes of their own but likewise our Iland of Brittain the fairest plume of the Roman Diadem rejected the Roman yoake and Government to which it had been subject almost 500 yeares craving ayd against the Scots and Picts from the Saxons who therereupon became their Soveraigne Lords at last and disposessed them of the Kingdome Now that these revolts and changes of the Empire in this case were lawfull even in point of Conscience we have the resolution of Bishop Bilson himselfe in his Booke dedicated to Queen Elizabeth wherein he professedly defends the Soveraignty of Kings in these very words The Roman State and Commonwealth had as good right to dispose the Roman Empire as all other Christian and Heathen Kingdomes and Countries had to settle the sword and scepter that Reigned over them And since all other Nations once members of the Roman Empire were suffered to plant those severall formes of regiment which they best liked and when the Right Heires failed to elect their owne Governours I SEE NO CAVSE why the Romans might not provide for themselves as well as other Realmes had done before them especially if the reports of your stories be true that they were neglected by the Grecians when they were beseiged by the Lombards and the scepter at Constantinople went not by descent or succession but by violent and wicked invasion and usurpation So he with whom Cassanaeus in his Catalogus Gloriae mundi pars 5 consid 30. p. 248. accords and iacobus Valdesius de Dignitate Regum Hisp c 18. n 20 21. Sixthly After this division and translation of the Empire unto Charles the Great the Roman Empire for a time by permission and connivence of the French German States went by succession till Charles the Grosse after him wholly by Election the power of electing the Emperour residing in all the French German Princes till at last it was by consent about the yeare 1001. translated to the 6 or rather 7. Princes Electors Yet during all this time the Soveraigne Power and Iurisdiction of the Empire resided only in the German Princes States and Diets not the Emperours themselves who had power not only freely to elect what Emperours they pleased but also to censure and depose their Emperours upon just grounds and to set limits to their Imperiall Iurisdictions Not to trouble you with the Histories of Ludovicus Pius Otho the great Henry the 1 2 3 4 5 6 7. Lotharius Fredericke Barbarossa Phillip Otho the fourth fifth Fredericke the 2 7. Albert the 1 Ludovicus Bavarus Sigismond and other Emperours who were much affronted persecuted warred against and some of them unjustly deposed and murthered by their Subjects Sons and the Princes electors through the Popes procurement I shall pitch only upon such presidents as are pertinent to my purpose Charles the third surnamed the fat though he came to the Empire by discent yet the Princes Dukes and Governers of the Provinces of Germany and France seeing his great insufficiency and unaptnesse to governe he being growne a very foole and having lost his understanding did thereupon deprive him of his Empire and other Kingdomes and elected and crowned Arnolph Emperour in his stead He being thus degraded both of Realme Empire and forsaken of all the world not having so much as an house wherein to shroud himselfe retired into a poore village of Suabe where he lived some few dayes in excream misery and penury and soone after dyed not lamented nor pitied of any man Which deposition of his I have formerly proved lawfull though his subsequent ill usage was no doubt dishonourable and unjust So the Emperour Wenceslaus was deposed by the Princes Electors of the Empire for his insufficiency to governe and the little care he tooke to suppresse and pacifie the civill warres and dissentions in the Empire giving himselfe over to vaine pleasures and delights which made his government dangerous and unprofitable for the Empire and Christian common wealth and Rupert made Emperour by them in his room After this about the end of Rodulph the second his imperiall raigne the Electors called a Dyet at Nurenberg from whence they sent ambassadors to the Emperour to acquaint him with the State of the Empire who told him that the Electors required above all things a reformation of justice That he should make choice of more faithfull officers and Councellors then formerly he had done That a generall Dyet might be called the spring following That the reason of the bad government of the common weale was for that his Majesty did not impart the important affaires of the Empire unto them as his Predecessours had done c. Whereupon he appointed a generall Dyet to redresse these disorders but dying before the day according to the golden Bull made in the yeare 1356 the Elector Palatine and he of Saxon were appointed Vicars Governours and Administrators of the Empire untill there were a King of Romans chosen to be Emperour After which they Elected Mathias who as Emperour and King of the Romans had not any City or Towne within the Empire the whole Territory of Germany belonging to the Electors Bishops Abbots Princes Earles Noblemen and free
or were offended in minde that on the contrary they thought they lived a most blessed life For other men rashly giuing indulgence to the affections of nature acted many things accompanied with losses and dangers yea some men ofttimes although they foreknew they should sinne did notwithstanding perpetrate evill things being led away with love or hatred or some other perturbation of minde but they imbracing the rule of life approved by the most prudent men resolved not to erre from their duty in the least degree Whiles Kings used this Iustice towards their Subjects they had their Subjects bound unto them in greater benevolence and love then their very kindred For not only the Colledge of Priests but the whole Nation of the Aegyptians and likewise every one of them were not so carefull of their wives and children and private goods as of the safety of their Kings Wherefore they preserved the estate of the Republike intire for a long time under the mentioned kings spending their life in greatest felicity as long as this constitution of Lawes flourished And when these kings dyed all the Aegyptians generally mourned for them in an extraordinary manner divers wayes made solemne Orations in their praise buried them with great pompe and solemnity and erected Pyramides to their eternall honour all which funerall pompous solemnities many ill kings wanted after their deaths ob plebis refragationem because the people gain-sayed it who together with the Priests and Senates who were ever present with the kings to assist counsell and direct them were superiour to their kings since they could thus decree or deny them these funerall honours which made many of their following kings to addict themselves to just actions too for feare of contumelious handling and sempiternall ignominy after their decease So this Author To which I shall adde Xenophons definition of a Kingdome and Tyranny A kingdome is an Empire over men by their free assents according to the Lawes of the City And a Tyranny is an unlawfull Empire over men against their wills which depends upon the will of the Prince And this observation of Polybius That Kings in ancient times did give themselves wholly to doe that which was honest and just and to suppresse the contrary the very beginning of all true kingdomes and the end for which kings were first instituted by the people Whiles they thus demeaned themselves they were subject to no envy because they differed not much from others neither in apparell nor in meat and drinke but observed a conversation of life conformable to other men and lived perpetually like to others But afterwards when those who obtained the principality of succession and the prerogative of their blood had those things already provided which made them able to secure themselves and to support their state following their lusts by reason of their abundance they then thought it belonged to Princes to be better clad then subjects to exceed them in costlinesse and variety of meats and to use venery with whom they pleased Hence envy and offence was begotten and implacable hatred and anger kindled and a kingdome by this meanes changed into a Tyranny Hence men most generous and magnanimous bold spirits unable to beare such affronts and insolences of Princes seditiously conspire against them and the people having got such Captaines to make resistance joyne with them for the foresaid causes that the Princes may be repressed And thus the forme of a Kingdome and Monarchy is utterly taken away by the roots and the beginning of an Aristocracy again laid the people refusing to set any more a King over them yet not daring to commit the Republike to many fearing as yet the iujustice of Superiours and therefore most esteeme equality and liberty So that the Soveraigne power of setling of changing the Kingdome and forme of government resides principally in the people who as hee there largely proves by the Lacedemonian and Roman state ought to enjoy the Supreame authority and to be above their Kings as it seems the Aegyptian did who deposed and expelled Evergetes their King for his cruelty and after him their King Ptolomaeus Auletes setting up Cleopatra his eldest child in his Threne and as the Romane Senate did who had power to dispose of the common Treasury and revenue one of the greatest points of Soveraignty to appoint Lieutenants and Governours of Provinces to grant Triumphes to dispose of Religion for which cause Fertullian saith that never any God was received in Rome without the decree of the Senate and to receive answer and dismisse the Ambassadours of Kings and Nations which none else did but the Senate whose Soveraigne power was such that Tiberius the Emperour in the beginning of his Reigne called the Senators assembled altogether in the Senate Indulgentissimos DOMINOS his most loving LORDS and moved the Senate to divide the Empire not to commit it all to one man as we read in Tacitus though they were his Subjects and inferiours when divided and severally considered And such Soveraigne power had the Panaetolium or generall assembly of Parliament among the Aetolians who received and answered all Embassadours determined all affaires of warre and peace it being provided by the Lawes of the Aetolians that nothing should be intreated of concerning peace or war but in their Panaetolium or Pelaicon Councell as Livy and Bodin record But to leave these ancient and come neerer our present neighbor Kings and Kingdomes of greatest eminencie and power which may parallell our owne The Kings of France to whom Caessanaeus in his Catalogus Gloriae mundi gives precedency before all others and to the Emperour himselfe while but elect before his Coronation have in ancient times been inferiour to their Kingdomes Parliaments and subject to their censures even to deposition if not more though some cry them up for absoluts Monarchs and make them little better then Tyrants now Iohn Bodin a learned French Lawyer and Statesman writes That in ancient times the Kings of the Cities of the Gaules were subject to their States whom Caesar for this cause oftentimes calleth Reguli little Kings being themselves subjects and justifiable to the Nobility who had all the Soveraignty causing them even to be put to death if they had so deserved And that is it for which Amphiorix the Captaine Generall whom they called the King of the Lingeois said Our commands are such as that the people hath no lesse power over us then we over the people Wherein he shewed evidently that he was no soveraigne Prince howbeit that it was not possible for him to have equall power with the people as we have before shewed Wherefore these sort of Princes if they polluted with wickednesse and villany cannot be chastised by the Authority and severity of the Magistrate but shall abuse their wealth and power unto the hurt and destruction of good men IT ALWAYES HATH AND SHALL BE LAWFVLL not for strangers onely but
which one Simon Poylet was hanged in Chaines Headed and Quartered at Paris for saying in open audience that the right of the Crowne of France belonged more rightfully unto King Edward then to King Philip who had long warres about these their Titles to the Crowne King Iohn of France in the fifth year of his reigne had by authority of the three estates of his Realme assembled in Parliament to wit of the spirituall Lords and Nobles and Heads of Cities and good Townes of his Kingdome 3000 men waged for a yeare granted to him to defend him and his Realme against Edward the third King of England who the next yeer following took King Iohn prisoner in the field Whereupon Charles Duke of Normandy his eldest sonne and Heire apparent assembled the 3 Estates at Paris in a Parliament there held craving aid of them to redeem their captivated King who promised their uttermost help herein desiring convenient time to consult thereof Which granted the three Estates holding their Councell at the Gray Fryers in Paris appointed fifty persons among them to take view and make search of the grievances and evill guidance of the Realme who after examination appointed six of themselves to acquaint the Duke That the Realme before time had beene misguided by ill Officers and except remedy for it were shortly found it should stand in perill to be lost wherefore they besought him to discharge all such as they would name unto him and over that to forfeit their Goods to the Kings use And first they name Peter Archbishop of Roan Chancellor of France Sir Simond de Bury chiefe Counsellor of the King and Parliament too Sir Robert de Lorize before time Chamberlaine to the King Sir Nicholas Brake Master of the kings Palaces Engueram Burgesse of Paris under Treasurer of France Iohn Pryll Soveraigne of the money King accounts and Iohn Channeon Treasurer of the Kings wars All which Officers they would should be discharged all royall Offices for ever Also they would that the King of Naverne then imprisoned by the King of France should be set free and that Duke Charles himselfe would be contented to be advised and counselled by such as they should appoint unto him namely by foure Prelates twelve Knights and twelve Burgesses which eight and twenty persons should have authoritie to rule and ordaine all things necessary for the Realme to set in and put out all Officers appertaining to the Realme with divers other requests which unto the Duke were nothing agreeable Vpon which requests the Duke gave answere That he would counsult with his Councell and thereupon would shape unto them some reasonable answere But first he desired to know what aide the three Estates would give unto him for delivery of his Father Whereunto was answered that the Clergie had given a disme and a halfe to be paid in a yeare with that that they may have license of the Pope and the Lords as much to be levied of their lands and the Commons the tenth penny of their moveable goods The morrow following the Duke and his Councell met and after many Messages betweene them and the three Estates offers to reforme some part of the Articles But the Estates firmely answered That unlesse he would reforme all the said faults and confirme the said Articles to their minde for the Common-wealth of all the Land they should not aide him with their Goods like as they shewed him The Duke hereupon secretly acquainted King John of these proceedings who wrote to him againe that in no wise he should agree to the said requests and to the end that these matters should not be touched in open Parliament he deferred the debate of them from day to day and at last by advice of his Councell dissolved the Parliament of the three Estates and commanded every man to returne home without any effect of their long counsell Wherewith many of the said persons were grievously miscontent saying among themselves that they perceived well this was done by the Duke to the intent the requests by them devised should not take place but that the old misgovernance might continue like as before times it had done Wherefore divers of them assembled againe at the Gray Fryers and there made out divers Copies of the said requests to bear them into their Countries and shew them unto the good Townes And albeit the Duke after this Councell thus disolved asked ayde of the Citie of Paris and other good Townes to maintaine his wars he was plainly answered That they might not ayde him unlesse the three Estates were againe reassembled and that the grant of the ayde might passe by their authority Whereunto the Duke in no wise would agree In the mean time the 3 Estates of Languedock assembled in their Province by the Earl of Armenake the Kings Lieutenant to make ayde for the Kings deliverance agreed to purvey at their proper costs 500 men at Armes with a furniture to every speare and a 1000 souldiers on horsbacke 1000 Arbalestres and 2000 others called Gunsiers all which to be waged for a whole yeare and farther ordained that no man should weare any furres of great price that women should leave the rich at tire off their heads and weare neither pearle nor gold upon them nor silver in their girdles and that all manner of Minstrelsie should be put to silence so long as the King remained prisoner The Duke and his Counsell after this proclaimed at Paris certaine coynes and values of money newly ordained by them with which Proclamation the Commons of the City were grievously â—moved And for reformation the Provost of the Merchants with others rode to the Earle of Angeou the Dukes Brother and Lieutenant who was then absent at Meaux requesting him to cease the use of that money And if not they would use such meanes that it should not be suffered to be put forth nor taken within the City Whereupon after long debate it was agreed that the money should be stopped till the Dukes pleasure was knowne Vpon whose returne the Dukes counsell sent for the Provost and desired him to suffer the said money to run and be currant throughout the said City Which the Provost with his company utterly denyed and after many great and bold words departed from the Counsell in great ire and after their returne unto the City incensed so the Commonalty that they set apart all workmanship and Occupation shutting in their Shops and drew unto their Armour and Harnes The Duke informed of this murmure of the Commonalty of the City straitly commanded the Provost that the Kings peace were kept within the City and that he with certaine Citizens should appeare at the Palace before him and his Counsell the next day at an houre assigned at which time the Provost with his company came and were conveyed into the Parliament Chamber where the Duke and his Counsell were present Then the Duke after certaine Challenges made to the Provost for his obstinacy and
according to a fundamentall Law made by Charles the fift ratified by the Court of Parliament That the Kings of France having attained the full age of thirteene years and entring into the fourteenth they should take upon them the Soveraigne Government of the Estate Whereupon the Queen Mother in the Parliament resignes the Regency and reignes of the Empire into his hands After which the three Estates assembling abolished the sale of all offices of judicature and others which tend to the oppression and ruine of the People suppresse Duels the Commons and Deputies of the three Estates present a Petition of all their grievances to the King consisting of severall natures and pray redresse And for the securing of the Kings Crowne and person against the Popes usurpations and attempts they desired that it should be declared by the said Estates and set down as a fundamentall Law That the King did not hold his Realme of any but God and his sword and that he is not subject to any superiour power upon earth for his temporall estates and that no Book should be printed containing any Doctrine against the person of Kings touching the question too much debated by presumptuous men whether it be lawfull to kill Kings The Clergy of France except against this Article as a point of doctrine and conscience not of State policie as the Commons pretended fit onely for the Clergies determination not the Commons or three Estates as a means to ingender a schisme and offend the Pope and after much debate prevail and suppresse it In fine after many debates the three Estates brake up without any great redresse of their grievances or full answer to their Petitions which was defaced hereupon the Parliament at Paris the seven and twentieth day of March 1615. decreed under the Kings good pleasure That the Princes Dukes Peers and Officers of the Crowne having place and deliberate voyce therein being then in the Citie should be invited to come into the Court there with the Chancellour and all the Chambers assembled to advise upon the propositions which should be made for the kings service the ease of his subjects and good of his estate and to draw up a Remonstrance to this affect Some Court Parasites presently acquaint the King and Queen Mother with this Decree as if it were an apparent enterprize against the Kings Authoritie and did touch the Queens Regency which they would controll and objections are made against it in Councell whereupon the Parliament are sent for to the Court severall times and ordered to revoke this Decree they excuse and justifie it then draw up a Remonstrance to the king consisting of many Heads wherein among others they affirme That the Parliament of Paris was borne with the State of France and holds place in Councell with Princes and Barons which in all ages was near to the Kings person That it had alwayes dealt in publike affairs that some Kings which had not liked of the Remonstrances of the Parliament at Paris did afterwards witnesse their griefe That Popes Emperours Kings and Princes had voluntarily submitted their controversies to the judgement of the Parliament of Paris c. To which I shall adde some passages out of Andrew Favine in his Theater of Honour touching the dignitie power and honour of the Parliaments of France In the Register of the Acts of Parliament beginning 1368. there is one dated the twenty seventh of Iune 1369. for matter of murder and assassinate committed on the person of Master Emery Doll Councellor of the said Parliament whereby it was approved That it was a crime of High Treason to kill a Councellor of Parliament And in Anno 1475. on the eleventh day of November Mounseir the Chancellor came to advertise the Court for going to hear the confession of the Constable of Saint Paul to whom for his rebellions and disobediences king Lewes the eleventh directed his Processe And the said Parliament declared That there was not a Lord in the Kingdome so great except the King and Mounsiour le Daulphine but ought to come and appear at the said Parliament in person when it was ordained for him And this is witnessed by a Lyon abasing his tail between his Legs exalted over the gate and entrance of the great Chamber by the Parquet des Huisiers thereof So that by this illustrious and Soveraigne Parliament are ordered and determined the principall affairs of the kingdom And in Anno 1482. the second day of Aprill king Lewes the eleventh sent unto the Parliament the Oath which he took at his sacring exhorting the said Parliament to performe good justice according as the King had promised to doe by his said Oath which he purposed to keep and the Oath is there Registred downe The Parliaments of France are Oaks with exalted Heads under whose Branches the people are covered from the very strongest violencies which constraineth them to yeeld obedience to their Prince But when Princes by bad councell misprize the authoritie of them whereof they ought to be zealous defenders as being exalted to the Royall dignity to rule and governe their Subjects by justice they cut off the right hand from the left If they refuse the holy Remonstrances of their Parliaments under color that they are not to meddle with affairs of State but onely with the Act of justice and lend a deaf ear when they are advertised of evill Government it is an assured Pronostick forewarning of the entire decadence of the Kingdome Strange and forraigne Princes have sought and submitted themselves to the judgement of their Parliament even in their affairs of greatest importance The Chronicle of Laureshime under the year 803. followed by the Monk Aimonius in the fourth Book of his History of France reporteth that king Lewes the Debonnaire holding his Parliament in May there came thither from strange Provinces two Brethren kings ofVvilses who with frank and free good will submitted themselves to the judgement of the said Parliament to which of them the Kingdom should belong Now albeit the custom of the said kingdom adjudged the Crown to the eldest according to the right of Prerogative allowed and practised by the Law of Nature and of late memory in the person of the last dead king Liubus father commune to these two contendants yet notwithstanding in regard of the subjects universall consent of the Kingdom who for the cowardise and want of government in the Elder had given the Crowne to the Younger for valliancie and discreet carriage by sentence the Kingdom was adjudged to him and the Eldest did him homage with Oath of allegiance in the said Parliament Under the third Ligne in the reign of Philip Augustus Pope Innocent the third and the Emperour Otho the fourth being in variance for the forme and tearms of the Oath of fidelity with the said Emperour should make to the Pope they referred it to the judgement of king Philip in his Parliament furnished with Peers Otho made some exception concerning the forme
was named Flaevius Calvus the other Nunius surnamed de Rasura whose Son Gondesalvus after his Fathers death was substituted in his place made Generall of the Militia Principatum Militiae addiderunt and his son after him tam à Magnatibus Militibus quà m AB VNIVERS IS POPVLIS CASTELANIS made Earle of Castile and all submitted themselves to his government rejecting the Dominion both of Ordogno and his brother King Froila after him for their tyranny and trechery Alphonso the great King of Gallecia about the yeere of Christ 918. imprisoning his eldest sonne Garsias laying him in irons and exercising other cruelties was by the practise of his owne Queen Semena and his other sonnes and Nobles so prosecuted and put to such streights that they enforced him to resign his Crown to his sonne Garcias and to deprive himselfe of his gouernment in the presence of his sons and the grandees of his Realm after which he requested his sonne to raise and grant him an Army to goe against the Sarazens who condescending thereto hee gained a glorious Victory ouer them and so dyed Alphonso sonne of Ordogno King of Castile after 5. yeers reigne out of levity rather then Religion resigned his Crown to Ramire his younger Brother and then turnd Monk about the yeer 939. but not long after casting off his Coul leaving his Monastery he began to raise forces and to aspire to the Crown again which he had resigned wherupon Ramir raised an Army against him and after 2. yeers waries took him prisoner put out his eyes and thrust him into a Monastery Iohn the first the 35 King of Castile after the death of Ferdinand King of Portugall claimed that kingdome in right of Eleanor his wife and next Heire but the Portugals elected Iohn a bestard a Knight of the blood Royall for their King and excluded Eleanor Henry the 4. the 38. King of Castile having no children lawfully begotten would have made Elizabeth his bastard daughter heire to the Crown but the Nobles would no wayes permit it and resisting him with all their might preferred his own sister Elizabeth to the Crown and married her to Ferdinand the 6. sonne to Iohn King of Arragon rejecting his spurious daughter And Frier Iohn de Teixera iâ— his Book of The Originall of the Kings of Portugall affirmes that the Kings of Portugall were usually ELECTED BY THE SVFFRAGES AND FREE CHOICE OF THE PEOPLE who had power to conferre the Kingdome on whom they pleased averring that Alfonso 1. 3. and 5. Iohn the 1. Emanuel and Antonio Kings of Portugall were thus elected Which though Duardus Nomus Leo a Portugois Lawyer denyes and seemes to refute yet he grants freely that the Parliament or Assembly of the Estates in Portugall have usually determined the Title Right and ordered the Succession of that Crown in the Cases of these Princes and determined of their Legitimate or spurious birthes That when the Kings of Portugall have dyed without Heires they have BY THE LAW OF ALL NATIONS freely elected whom they thought meetest for their King And that after the death of King Ferdinand they put by Iohn and Ferdinand the sonnes of King Peter begotten of Agnes de Castro his Concubine from the Crown because they were bastards and moreover enemies to the name and Realme of the Portugois entring with Henry and Peter Kings of Castile in an hostile manner with an Army into the Confines of Portugall wasting them every where and doing great dammages to and committing many murthers among their Citizens for which reason the States assembled at Coimbri resolved that although they were legitimate yet THEY COVLD NOT OBTAIN THE SVCESSION OF THAT KINGDOME quod se hostes alienos a Portugalia declarassent because THEY HAD THVS DECLARED THEMSELVES ENEMIES AND ALIENS TO PORTVGALL And therefore beleeving the Kingdome to be void for want of a right heire to succeed in which case BY THE LAW OF ALL NATIONS THEY MIGHT LAWFVLLY ELECT THEM WHAT KING THEY PLEASED they chose Iohn the Bastard King After which he shewes that Philip the 2. his Title to the Crown was long debated by and resolved in the Assembly of the States of Portugall in the life of king Henry who summoned all the Pretenders to the Crown to come and declare their Titles to it in a Parliament held at Almierin upon the Petition of the Senate and People who earnestly pressed him that the Title of the crown might be setled and discided during his life to prevent division and civill warres after his death By which it is apparent that the Assembly of the Estates of Portugall is the most Soveraign power and above their kings themselves It is clear that the Gothish kings which reigned in Spain were not hereditary but elective yea censurable excommunicable and desposable by them for their Male-administrations The Generall History of Spaine is expresse that among the Goths they did not reigne by right and succession from Father to Sonne but those were chosen Kings among them which were held worthy which election was made by the Nobility and People and if any one did affect that dignity by any other unlawfull meanes he was excommunicated and rejected from the company of christians as appeares by the 5. Councell of Toledo Thus Vallia the 1. king of the Goths An. 418. Agila the 11. king An. 546. Luiba the 13. king An. 565. Gundamir the 18. king An. 610. Suintilla the 20. king An 621. Tulca the 23. king An. 642. Bamba the 26. king of Goths an 672. to omit others were elected by the Nobles and people though now and then the Crown went by succession through usurpation rather then right Theodiscle the tenth king of the Goths in Spaine giving himself to lusts and adulteries polluted great and honest families corrupted Nobles wives and committed many murthers whereupon the chiefe of the Goths conspiring against him strangled him at Sevill â—â—oting in his banquets and elected Agila for their king So Victrix the 17. king of the Goths a vitious base unworthy Prince was miserably slain by his own people for his vitiousnesse as he sate at Table Suintilla the 20. king of the Goths in the beginning was a good Prince but in the end he grew exceeding covetous and cruell wherefore the Goths made him resign his Kingdome about the yeare 630. and deprived him of the crowne he was likewise excommunicated by the Bishops whose power at that time began to equall that of Kings at the Councell of Toledo which interdicted him with Geilands brother their wives and children the communion and fellowship of the Church and the possession of their goods gotten by violence and tyrannicall meanes and Sisenand his adversary with the consent of the people obtained the Kingdom The 6. Councel of Toledo under Cinthilla the 22. king of Goths about the yeare 686. decreed and by a perpetuall law imposed on the Kings of Spain not to suffer any one to live
22. 80. n. 4. 108. n. 29. 141. n. 2. Covarunius Quaest Illust. T. 2. 396. n. 2. 4. Hugo Grotius de Jure Belli l. 1. c. 4. sect 7. l. 2. c. 14. sect 11. and elsewhere Marius Salamonius de Principatu Eccardus de lege Regia with others cited by them Hookers Ecclesiasticall Polity l. 1. sect 10. p. 69 70 71. a pregnant place Albericus Gentilis de Iure Belli l. 3. c. 10. 15. Ioannes Mariana de Rege Regum Instit l. 1. c. 1. to 10. Sparsim Iunius Brutus Vindiciae contra Tyrannos Quaest 3. p. 83. to 94. with whose words I shall close up this observation having elle where particularly proved the verity thereof and answered all Obiections against it from misinterpreted Scriptures We say now writes he that the people constitute Kings deliver Kingdoms approve Kings elections with their suffrages which God would have to be thus that so whatsoever authority and power they should have they should next to him referre it to the people and therefore should bestow all their care thoughts industrie for the peoples profit neither verily should they think themselves advanced above other men for their excellency of nature no otherwise then men are over Heards and Flocks but should remember that being born in the same condition with others they were lifted up from the ground unto that condition by the suffrages as it were by the Shoulders of the people upon whose Shoulders the burthen of the Common-weale should for a great part rest After which he proves by Deut. 17. and divers forecited presidents in Scripture that God gave the Election and Constitution of the kings of Israel to the people and that notwithstanding the succession of the kingdom of Iudah was by God entailed afterwards to the Linage of David yet the Kings thereof actually reigned not before they were ordained by the people Whence we may conclude that the Kingdom of Israel if we respect the stock was certainly hereditary but if we regard the persons altogether elective But to what end was this if the Election appear as it is confessed but that the remembrance of so great a dignitie conferred by the people should make them alwayes mindefull of their duty So likewise among the Heathens we read that Kings were constituted by the people for when they had wars abroad or contention at home some one man of whose fortitude and justice the multitude had a great opinion was by common consent assumed for King And among the Medes saith Cicero Deioces was of an Arbitrator made a Iugde of a Iudge created a King and among the Romanes the first Kings were elected Therefore when Romulus being taken away the Inter-regnum of the hundred Senators was displeasing to the Romans they accorded that afwards Kings should be chosen by the Suffrages of the people the Senate approving it And Tarquin the proud was therefore reputed a Tyrant for that being created neither by the people nor Senate he held the Empire onely by force and power Wherefore Caesar although he invaded the Empire by force yet that he might cosen the people at least with some pretext of Law would seem to have received the Empire from the Senate and people But Augustus although he was adopted by Caesar yet he never bare himselfe as heire of the Empire by divise but rather received it as from the Senate and people as did also Caligula Tiberius Claudius whereas Nero who first invaded the Empire by force and wickednesse without any colour of Law was condemned by the Senate Since then no man could be born an absolute King no man can be a King by himselfe no man can reigne without the people Whereas on the contrary the people may both be and are by themselvs and are in time before a King it most certainly appears that all Kings were first constituted by the people Now albeit that from the time that Sons or Nephews imitated the vertues of their parents they seem to have made kingdomes as it were hereditary to themselves in certain Countries where the free power of Election may seem in some sort to have ceased yet that custome hath continued in all well constituted kingdomes that the children of the deceased kings should not succeed untill they were as de nono newly constituted by the people nor should not be acknowledged as heires to their Fathers but should onely then at length be reputed kings when they had as it were received investiture of the Realme from those who represent the Majesty of the people by a Scepter and Diadem In Christian kingdomes which at this day are said to be conferd by succession there are extant most evident footsteps of this thing For the kings of France Spain England and others are wont to be inaugurated and as it were put into possession of the Realm by the States Senators Nobles and great men of the Realm who represent the universality of the people in the same manner as the Emperours of Germany are by the Electors and the kings of Poland by the Vaynods or Palatines where the intire right is onely by election neither is royall Honour yeelded to them in the Cities of the kingdomes before they have been duly inaugurated Neither also heretofore did they compute the time of the reigne but from the day of the inauguration which computation was accurately observed in France And that we may not be deceived by reason of any continued stories of succession even in those very kingdoms the States of the Realme have oft times preferred a kinsman before a sonne the second sonne before the eldest is in France Lewis the brother before Robert Earl of Dreux also Henry the second brother before Robert Capet the Nephew with others elsewhere Yea and the same kingdome by Authority of the People hath been translated from one Nation and Family to another whiles there were lawfull heires extant from the Merouingi to the Carlingi from the Carlingi to the Capets which hath been likewise done in other Realms as it sufficiently appears out of the truest Histories And that we may not recede from the kingdome of France which hath ever been reputed the pattern of the rest in which I say succession seemes to have obtained greatest strength We read that Pharamond was elected Anno 419. Pipen An. 751. Pipens sonnes Charles the great and Charlemain 768. not having respect of the Father Charlemain being at last taken away 771. the Brothers part did not immediatly accrue to Charli the Great as is usually done in inheritances but by the determination of the people and publike Councell and by them Ludovicus pius was elected An. 812. although he were the sonne of Charles the great Yea in the very Testament of Charles which is extant in Nauclerus he Intreats the People by the Common Councell of the Realm to elect one of his nephews whō they pleased as for his Vncles he bids thē rest satisfied with the Decrée of the people Whence
Talleage or Custome shall be set granted taken or leavied but by common consent and grant of the Prelates Earles Barons Knights Burgesses and other free men of the Realme in Parliament or without the assent of the Parliament so that their grant and assent in Parliament not the Kings is the onely thing that makes them legall and binding to the subject Now both Houses have granted ordered and assented to this Assessement exceeding not the twentieth part of mens estates and given order for the leavying of it and that for the Parliaments Kingdomes religions necessary defence and preservation Therefore it is obligatory and legall though the King himselfe consent not or disassent thereto especially as the present condition of things stands even by the very letter of these acts Secondly this is apparent by the letter of all our publique Acts for the granting of Subsidies Ayds Tenths Fifteenes Taxes Customes Tonnage Poundage or any such like impositions in and by Parliament either by the Temporalty or Clergy which Acts runne usually in this manner The Commons of this Realme HAVE GRANTED FOR DEFENCE OF THE SAID REALME and especially for the safegard and custody of the Sea a Subsidy a Subsidie called Tonnage c. The Prelates Earles Barons and all the Commons of the Realme willingly and with one assent HAVE GRANTED the ninth Lambe ninth sheafe and ninth fleece c. And of Cities and Burroughs the ninth part of all their goods and chattels c. in aide of the good keeping the Realme as well by Land as by Sea c. We your poore Commons desire your excellent Majesty willingly to accept and receive these OUR POORE GRANTS hereafter following as GRANTED of free hearts and good wils as the first-fruits of our good wils and hearts c. by the advice and Assent of the Lords spirituall and temporall GIVE GRANT for the defence of your realm and the keeping and safegard of the seas c. one Subsidy called Tonnage c. The Prelates and Clergy c. as a speciall and significant testimony of their loyall affection c. with one affection and uniforme consent HAVE GIVEN GRANTED foure whole and intire Subsidies We your Commons assembled in your high Court of Parliament humbly present your Majesty with the FREE CHEERFULL GIFT of two intire Subsidies c. All Subsidies and Taxes then being the free gift of the Commons Clergy and Peeres in Parliament and that onely for the defence of the Kingdome by sea and land it is infallible that they do may and can oblige themselves and those they represent to pay such publike Taxes to this end without the Kings concurrence Thirdly this is cleare by considering that the Commons and Lords in Parliament have alwaies had 1. An absolute right and power to grant or deny Taxes Subsidies aydes and assistance as they saw occasion 2. To proportion the aydes and Subsidies granted 3. To limit the certaine manner waies and times of paying and levying them and the persons who shall either pay assesse collect receive or disburse them 4. The ends and uses to which they should be imployed when leavied debarring the King oft times when they saw cause of any power at all to receive or dispose of them appointing Collectors and Treasurers of their owne to receive and issue them out againe by the advice and directions of these as themselves prescribed for which I shall give you some few instances of note in lieu of many more that might be remembred Anno 1237. being the 21 yeere of Henry the third The Parliament after many contestations with the King for his fraud oppressions favouring of Aliens c. to the Kingdomes detriment the King by Oath promising amendment granted unto him the thirtieth part of all their moveables excepting ready Money Horse and Armour to be imployed for the Common wealth and benefit of the Realme with this condition often annexed that the King should leave the Counsell of Aliens and onely use that of his naturall Subjects And for more security it was ordained that foure Knights of every Shiere and one Clerke of the Kings in every severall Shiere shall upon their oathes collect receive and deliver the said Subsidy either into some Abbey or Castle to be safely reserved there and disposed of for the benefit of the King and Kingdome by the view and counsell of the Earle Warren or others when there should be need Or otherwise if the King failed in performance of His promises and grants it ought to be faithfully restored and distributed to the Country whence it was collected In the 11. yeere of King Edward the 2. Anno 1318. The Parliament not daring to trust this prodigall mis-counselled King with moneys instead of Subsides granted him an aide of armed men against the Scots London set forth 200. Canturbury 40. Saint Albanes 10. and so all other Burroughs and Cities according to their proportion whereby a great Army was leavied The Parliaments of 14 E. 3. c. 20. 21. Stat. 1. Stat. 2. c. 1. 18 E. 3. Parliament 2 3. forecited at large part 2. p. 8. 9. 31 H. 6. Num. 41. 21 Jac. c. 33. particularly direct how the Subsidies granted shall be disposed of by certaine Nobles and others whom they nominate and appoint Treasurers to receive and issue them to the ends for which they granted them prescribing them an oath to issue none of them to other purposes or in any other maner then they prescribed Yea the Acts of former Parliaments and this present concerning Tonnage Poundage Polemoney and Subsidies frequently do the like Therefore the granting and disposing of those Taxes Aydes Subsidies rests wholly in the Commons and Lords and no waies on the King who commonly desires the Parliament to grant them Fourthly this is further evidenced by the Kings usuall answer and assent unto such Bills as these Le Roy remercy ses Loaulx Subjects accept LOUR BENEVOLENCE auxy le veult taking it wholly as a free grant from them which assent in this case is rather formall then substantiall it being the Commons and Lords owne consent only to Bils of this nature not the Kings that make the Taxes and Impositions binding as the forecited Statutes the Petition of Right 3 Caroli Fortescue and our Lawbookes resolve and I have elsewhere manifested more at large Therefore the want of the Kings assent or disassent to the Parliaments present assessement for the Kingdomes necessary defence in the present extremity when the King not onely wilfully absents himselfe from but hath raised Armes against the Parliament is not materiall nor simply necessary in point of Law though usually requisite and necessary for formality sake at other seasons to compleat such Acts since Sepenumero Necessitas vincit legem quod necessarium est licitum est as this assessement now is though all formalities be not punctually observed as is resolved in Dormers case Cooke l. 5. f. 40.
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
even for the subjects themselves also to take them out of the way But if the Prince be an absolute Soveraigne as are the true Monarchs of France c. where the Kings themselves have the soveraignty without all doubt or question not divided with their subjects in this case it is not lawfull for any one of their subjects in particular or all of them in generall to attempt any thing either by way of fact or justice against the honour life or dignity of the Soveraigne albeit hee had committed all the wickednesse impiety and cruelty that could be spoken so Bodin By whose words it is cleare that the ancient kings of France were inferiour in Jurisdiction to their whole kingdomes and Parliaments yea censurable by them to deposition or death Yet that their kings of late are growne absolute Monarchs above their kingdomes Nobles Parliaments and so not responsible to nor punishable by them for the grossest misdemeanours But if this their absolute Monarchy be onely an usurpation as many conceive it not of right by their Parliaments and kingdomes free grants and consents they are still in truth of no greater Authority nor no more exempted from iust censures then their predecessours Now it is clear that in ancient times the 3. Estates and great Councell of France assembled in Parliament and their twelve Peeres or kings as Fabian termes them were the highest power and judicature from which there was no appeale that the Kings of France could make no binding Lawes but by their Authority though now of late they doe what they please and that they have judged the differences between the Crownes of England and France as I have formerly proved and exercised the same or as great authority as the Parliament of England hath done which authority it hath lost by certaine degrees To give a few more instances to cleare this truth Pharamond the first King of the Franks that Reigned in France An. 420. was elected King by the unanimous vote and consent of all the people and by their advice and consent in his Raign the Salique Law was made to Regulate the discent of the Crowne that no women should be heires to it or claime it by discent which Law continues of force untill this day as all the French historians generally accord who make frequent mention of it though our English have much oppugned it as you may read in Hall and Speed Childericus the fourth King of France about the yeare 460. giving himselfe to all vice and cruelty in such extreame wise that hee became obible to his subjects perceiving the murmur of the people and fearing his sudden destruction by the counsell of Guynemeus fled out of his kingdome to Beseigne king of Thuringes Whereupon the French-men with one assent chose Gyll a Roman for their King and governour who laying grieveous Taxes upon his Subjects by the fraudulent counsel of Guynemeus a fast friend to Childericus and using sharp execution upon some of the Nobles so farre discontented his subjects that by the helpe of Guynemeus they deposed and chased him into Soysons and sending for Childerious againe restored and made him King after whose death his sonne Clodovius was by the people ordained and authorised for King of France between whose foure sonnes it was afterwards divided After the death of Chilpericus Clotharius being very young Gunthranus king of Orleans his uncle with the assent of the Nobles of the Realme was made his Tutor who comming to age hee offered to referre the differences between Sigebert and himselfe touching Austracy to which both laid claime to an Assembly of the Lords of that Kingdome and condemned Queen Brunicheild by the unanimous consent of the Lords to bee tyed by the haire of her head to a wilde horse taile and so to be drawed while shee was dead for her many murthers and criminous deeds which was accordingly executed King Dagobert exercised such tyranny and iniustice in pillaging his commons by Exactions and Tributes that those who dwelled in the out parts of the Realme neere the Turkes and other strange Nations chose rather to put themselves under their government than under the Rule of their owne naturall prince Poytiers rebelled against him his Lords murmured so much against him that Pipin and Martain two of his great Lords and agents to save his Crown dissuaded him from his ill counsells whence a little before his death calling a great counsell of his Lords Spirituall and Temporall hee made his will and setled his Kingdome by their advice dividing it between his two sonnes Theodoricus king of France giving himself to sloath and idlenesse committed the government of the Realme to Ebroyn Mr. of his Palace who did what he liked and vexed and troubled the Subjects grievously wherefore by assent the Lords assembled them and by authority deprived the King of all Dignity and closed him in a Monastery during the residue of his life when he had borne the name of a King without executing of the art thereunto belonging three yeares the cruell Ebroyn they exiled to Luxenbourgh during life making Childericus brother to Thesdericus King Ann. 669. who oppressing his subjects grievously and using the Lawes of his progenitors after his pleasure and uniustly causing a Noble-man called Belin to bee tyed to a stake and beaten to death without guilt or Treaspasse Hereupon the Lords and Commons fearing like punishment without deserving murmured and conspired against him and slew him and his wife then great with Childe as they were hunting in a wood After which they restored Theodericus whom they had deposed to his former dignity under whom Ebroyn getting into place and favour againe used such Tyrannie towards the Nobles and People that Pipin and Martaine raised a great army against him lest he should destroy the Commom-weale gave him battell and at last Hermefreditus slew him After which Pipin was made Master of the Palace in his place K. Daegobert the second dying without any Issue or knowne Heire at all one Daniel after named Chilpericke a Priest was by the Lords and peoples generall assent chosen King of France Anno 721. for that by their former experience of him they deemed him apt for the rule of the Land After whose death Theodoricus sonne to Dagobert secretly fostered among Nunnes within Nunneries in womans cloathing was espied and admitted for King During most of the forenamed Kings the grand Master of the Palace swayed the Kingdome at his pleasure and executed the Office of the Kings who had nothing but the bare name of Kings and were subject to this grand Officer Whereupon Theodoricus dying Childericus his sonne being a Sott and for his dulnesse unfit to governe Charles Martell Master of the Palace who swayed all things in Theodoricus raigne deceasing his two sons Charlemaine and Pipin by the advice of the Nobles of the Land considering the insufficiency of the King to rule so great a charge
divided the Land of France betweene them so that either of them should under the King Rule and Governe such proportion as then there was to them appointed Charlemayne soone after renounced his Government and turned Monke and Pipin as onely Ruler tooke upon him the charge of the whole Realme Pipin then considering in his minde in what danger and trouble before him his Father and he now had ruled the Land and that the King to whom belonged all the charge kept his Palaces and followed all his delights and pleasures without taking any paine for reformation of the same sent an ambassage to Pope Zachary asking his advice in point of conscience Whether it were more necessary or wealfull for the Realme of France that he should be admitted for King that did nothing but apply his minde to all bodily pleasures without care and charge takeâ— upon him for the guarding of the Land and the People of the same or he that tooke upon him all the charge and paine in defence of the Land and keeping of the people in the due subjection To this the Pope answered and wrote back to Pipin that he was best worthy and most profitable for the Realme to be admitted for King that ruled well the Commonalty by justice and prudence and the enemies thereof defended and subdued by his policie and manhood Aventine relates his answer more largely in these words I finde saith Zachary in the Story of Divine Scripture that the people fell away from their wretchlesse and lascivious king that despised the counsell of the wise men of the Realme and created a sufficient man one of themselves King God himselfe allowing their doings All Power and Rule belongs to God Princes are his Ministers in their Kingdomes And Rulers are therefore chosen for the people that they should follow the will of God the chiefe Ruler in all thing and not do what they list He is a true King that guideth the people committed to his charge according to the Prescript and Line of Gods Law all that he hath as power glory riches favour and dignitie HE RECEIVETH OF THE PEOPLE and the people MAY WHEN THE CAVSE REQVIRETH FORSAKE THEIR KING It is therefore LAVFVLL for the Franks and Germanes refusing this unkindly Monster Childericke to chuse some such as shall be able in warre and peace by his wisdome to protect and keep in safetie their Wives Children Parents Goods and Lives Which answer of the Pope recited and approved in our owne King Edward the Confessors Lawes and Childerickes deposition likewise Chap. 17. being declared to the Lords Barons and Commons of the Realme whom this Pope likewise wholly absolved from their allegiance to Childericke soone after they of one assent and minde proceeded and deposed and put downe their King and Governour Childericke being a Sott a foole a beast and one unfit to governe and closed him in a Monastery after he had reigned ten yeares in the Kings room by name onely which done they unanimously elected and crowned Pipin for their King By meanes whereof the Royall Line of Moroveus after 17 discents ended and the Crown was translated to Pipins blood Which act in point of policie is determined lawfull by Polybius who Writes That the reason why some Kingdomes became hereditary was onely this because their first Kings being vertuous and worthy men they were perswaded their Children would prove like them but if at any time they degenerat and prove otherwise and the posteritie of the first Kings displease the subjects they thenceforth make the Kingdome elective chusing Kings not according to their strength of body and mindes attempting great things but according to the difference of their will and reason manifested by their actions And by Aristotle who informes us That in Kingdomes confirmed in succession of blood this is to be numbred among the causes of their ruine that the Kingdomes descend to many contemptible and slothfull persons who although they obtaine no tyrannicall but Royall dignitie yet they live lustfully and proudly and so the Kingdome easily falls to ground and becomes a tyrannie the people being unwilling that such should rule over them and so either wholly alter the forme of government or make choice of a fitter King for the necessary preservation of the State yea this election in point of Police and Divinity too is justified and proved lawfull by Buchanan in his Book de Iure Regni apud Scotos by Iohn Mariana de Rege Regis Instit l. 1. c. 3 5. by Pope Zachary in his forceited Epistle by King Edward the Confessor in his Laws c. 17. by a generall Councell of all the Peers and Prelates of France Convocato enim Principum et Senatorum Concilio de COMMVNI SENSV ET VOLVNTATE OMNIVN Childericum solo nomine Regem à regni fastigio deponunt c. ac OMNIBVS GAVDENTIBVS ET VOLENTIBVS Pipinum super Francos REGNARE FACIVNT writes Antoninus and in a word our Bishop Bilson himselfe an Anti-Puritane and great Royalist affirmes That if the King be a naturall foole distracted and altogether unable to governe as Childericke was any Realme by publicke consent and advice may choose another to govern them of which more before Pipin deceasing Charlemain and Charles the great his sons reigned joyntly over the Frenchmen by their â—oyous admittance Having now two Kings instead of one Lewes sirnamed the godly sonne of Charles the great a pious yet unfortunate Prince by meanes of his sonne Lothair was first imprisoned and then by a Councell and Parliament held at Compaygne by authority of the spirituall and temporall Lords and of that Parliament discharged of all rule and dominion as well of the Empire as of the Realme of France after that shorne a Monke and thrust into the Monastery of Saint Marke where he was strictly guarded and when some of the Nobles and people afterwards desired Lothair to release and restore him to his former dignity he answered them That the deposing of him was done by the whole Authority of the Land wherefore if he should be againe restored it must be by the same Authority and not by him onely After which by the Lords assents hee was restored Lewes and Charles after Lewes Balbus their fathers death were joynt Kings of France and being very young by a Parliament held at Meaux Lewes the Emperour their Vncle was declared to be more apt to rule the Kingdome of France then these Infants or Barnard their Guardian and these Children held by some illegitimate Whereupon by the greater number of voyces an Ambassadour was sent to the Emperour to come and take upon him the Rule of middle France which he comming to doe his Nephewes friends compounded with him and then caused these Infants to be crowned and proclaimed Kings Charles the simple at his Fathers death Anno 895. being too yong to take upon him the charge of the Realme the Lords of France
put him under good and convenient guiding and of assent they chose Eudo a man of great fame and worth to be King of the Land for the 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
great Councell of Parliament at Paris where among many Acts made for the weale of the Realme he with the assent of the Lords and Commons there assembled enacted for a Law after that day to be continued That all Heires of the Crowne of France their fathert being dead may be crownned as Kings of France so soone as they attained to the age of fourteene years And in the fifteenth yeare of his reigne the Duke of Flanders granted to those of Gaunt such Articles of agreement for the confirmation of their liberties the repealing of illegall taxes the electing of their owne Officers the Dukes Councellours and the like which you may read in Fabian as plainly manifest this whole Dukedome and people to be of greater jurisdiction then himselfe though invested with regall authoritie and that he had no power to impose any taxes on them without their grant and consent the contrary whereof caused many bloudy warres among them Charles the seventh after Fabians account but sixt after the French History a Childe of thirteene yeares by reason of the difference between the Lords who should be Vicegerent was by the advice of the major part of the Lords for the common good of the Realme Crowned at Raynes within the age of fourteen yeares contrary to a Law made in the eleventh yeare of his Father In the fourth yeare of his reigne the Citizens of Paris murmuring and grudging for divers impositions and taxes unduely leavied upon them suddenly arose in great multitudes intending to have distressed some of the kings Houshold Whereupon soone after the Kings Councell considering the weaknesse of the Treasure and his great charges and needs and assembling a Parliament of the Rulers of Paris Roan and other good Townes exhorted them to grant the King in way of Subsidy twelve pence in the pound of all such Wares at that day currant for the defence of the Realme and subjects To the which request after consultation taken it was answered That the people were so charged in times past that they might not beare any more charges till their necessity were otherwise relived and so the King and his Councell at this time were disappointed In his seventh yeare by the Duke of Angeau his procuring a tax was laid upon the Commons of France without the three Estates Which to bring to effect many friends and promoters were made as well of Citizens as others Whereupon the Commons of Paris and Roan became wilde assembled in great companies chose them Captains and kept watch day and night as if enemies had been about the Citie utterly refusing to pay that Tax This Charles being none of the wisest Prince ruled by his houshold servants and beleeving every light Tale brought unto him marching against the Duke of Brittaine as he came neare a wood was suddenly met of a man like a Beggar which said unto him Whither goest thou Sir King beware thou goe no further for thou art betrayed and into the hands of thine enemies thine owne Army shall deliver thee With this monition the King was astonied and stood still and began to muse In which study one of his followers that bare his Speare sleeping on Horsback let his Spear fall on his fellowes Helmet with which stroke the King was suddenly feared thinking his enemy had come unawares upon him wherefore in anger he drew his sword slew foure of his owne Kinghts ere he refrained and took therewith such a deadly fear as he fell forthwith distracted and so continued a long season being near at the point of death VVhereupon his brother Lewes of Orleans being but young the States of France thought it not convenient to lay so heavy a burthen upon so weake shoulders wherefore his two Vncles the Dukes of Berry and Burgaine BY AVTHORITY OF THE STATES OF THE LAND specially assembled in Parliament upon this occasion tooke upon them to rule the Realme for that season it being ordered by a speciall Law that they should abstain from the name of Regent unfit in this sudden accident the King being alive and of years And because the Duke of Berry had but an ill name to be covetous and violent and was therefore ill beloved of the French his younger brother Philip Duke of Burgoyn had the chiefe charge imposed on him and though the Title was common to both yet the effect of the author tie was proper to him alone who changed divers Officers After which the Duke of Orleance was made Regent being the Kings younger brother who pressing the people with quotidian taxes and tallages and the spirituall men with dismes and other exactions he was at length discharged of that dignitie and the Duke of Burgoyne put in that authoritie After this our King Henry the fift gaining a great part of France and pretending a good title to the Crowne recited at large by Hall and Iohn Speed the Frenchmen to settle a peace made this agreement with King Henry That he should marry Katharine the French Kings daughter and be admitted Regent of France and have the whole government and rule of the Realme during Charles his life who should be King of France and take the profits of the Crowne whilest he lived and that after the death of Charles the Crowne of France with all rights belonging to the same should remaine to King Henry and to his Heires Kings That the Lords spirituall and temporall and the Heads and Rulers of Cities Castles and Townes should make Oath to King Henry to be obedient to his lawfull commands concerning the said Regency and after the death of Charles to become his true subjects and liegemen That Charles should in all his writing name King Henry his most dearest sonne Henry King of England and inheritour of the Crowne of France That no imposition or tax should be put upon the Commons of France but to the necessary defence and weale of the Realme and that by the advice of both Councels of the Realmes of England and France such stablished Ordinances might be devised that when the said Realme of France should fall to the said Henry or his Heires that it might with such unity joyne with the Realme of England that one King might rule both Kingdomes as one Monarch reserved alwayes to either Realme all Rights Liberties Franchises and Lawes so that neither Realme should be subject unto other c. VVhich Articles were ratified and agreed with the consent of the more part of the Lords spirituall and temporall of France But Charles dying his sonne Charles the eight was by some part of France and many Lords reputed and knowledged King but not crowned whiles the Duke or Bedford lived and remained Regent our Henry the sixth both in Paris and many other cities being allowed for king of France After his death his sonne Lewes the eleventh 〈◊〉 Fabian accounts by strength of friends was crowned king of France who refused the counsell and company of his Lords and drew unto him as
which Lewes Duke of Orleance should be President Lewes discontented with the device seekes to hold his ranke he pretends that being the first Prince of the blood the Regency belonged unto him he assists at the Councell in Parliament and in the assemblies in Towne and notwithstanding the last VVill of King Lewes and the Decree of the Estates yet will he by force have the name and effect of Regent VVhereupon discontents arising he leaves the Court in discontent and raised a civill warre However the Estates setled the Regencie and affaires of the Realme Anno 1525. Francis the first King of France was taken prisoner by the Emperour Charles the fifth in the Battell of Pavia who by mediation of Friends for his enlargement sent the Earle of Reux his Lord Steward to offer the King Liberty so as he would resigne all the rights he pretended in Italy restore the Dutchy of Burgongue as belongeth to him by right with Provence and Dolphine for the Duke of Bourbon to incorporate them with other Lands which he had formerly enjoyed and to make all together a Kingdome Moreover the Emperour offered to give him his sister in marriage propounding many other conditions so absurd and void of reason as it is better to let the curious reade them in the Originalls themselves Amongst all losses that of Liberty toucheth neerest but Francis having learned to withstand all adversity with a constant resolution said I will dye a Prisoner rather then make any breach in my Realm for my deliverance whereof I neither WIL NOR CAN alienate any part without the consent of the Soveraign Courts and Officers in whose hands remains the authority of the whole Realm We preferre the generall good before the private interest of Kings persons If the Emperour will treat with me let him demand reasonable things which lye in my power then shall he finde me ready to joyne with him and to favour his greatnesse The Emperour seeing the King constant in this resolution in the end yeelded to his delivery upon these termes That within six weekes after his delivery he should consigne the Dutchy of Burgengue to the Emperour with all the dependancies as well of the Dutchie as of the County the which should hereafter be sequestred from the Soveraigntie of the Realme of France That he should resigne to the Emperour all his rights pretended to the Estates of Naples Milan Genoa and Ast That he should quit the Soveraignty of Flaunders and Arthois c. Hereupon the King being enlarged and arrived at Beyonne he was required to ratifie the Accord which he had promised to doe when hee came to a free place but he delayed it with many excuses giving the Emperour to understand that before he proceeded to such an act it was necessary that he should pacifie his Subjects who were discontented with bonds which tended to the diminution of the Crowne of France c. After which the Pope and the Venetians sending Messengers unto him he complained of the Emperour that he had wronged him in that he had forced him to make impossible promises and that he would be revenged if ever occasion were offered and that he had often told him that it was not in the power of a French King to binde himselfe to the alienation of any thing depending of the Crowne without the consent of the Generall Estates that the Lawes of Christians did not allow that he which was taken in Warre should be detained in perpetuall prison which was a punishment proper to Malefactors and not for such as had bin beaten by the cruelty of fortune that all men knew that Bonds made by constraint in prison were of no value and that the capitulation being of no force the faith likewise which was but accessary and the confirmation of the same could not be bound that by the oath which he had taken at Rhemes at his Coronation he was bound according to the custome of other Kings of France not to alienate the patrimony of the Crowne and therefore for these reasons he was no lesse free then ready to abate the Emperors pride The Emperor growing jealous of the Kings delayes for ratification thereof sent one unto him to be certified of his intent who found him very unwilling to leave Burgundy which being very prejudicall to the Crowne of France he said was not in his power to observe and that hee could not alien the Bourguinans without their assents in an assembly of the Estates of the Country which he intended to call shortly to know their minds By which it is most apparent that the Kings of France have no power at all to dispose of their Crown lands or alienate them to others as other Subjects may doe because they hold them onely in the right of their Crowne for their Kingdomes use and service the true proprieters of them Upon which very ground Philip Augustus King of France Anno 1216. in a solemne Assembly of the States at Lyons told Walo the Popes Legate who came to prohibit his Sonne Lewes to goe to receive the Crowne of England because King Iohn had resigned it to the Pope That no King or Prince can give away his Kingdom without the consent of his Barons who are bound to defend the Kingdome and if the Pope decreed to defend this errour he should give a most pernitious Example to all kingdomes Whereupon all the Nobles of France began to cry out with one mouth That they would stand for this Article unto death That no King or Prince by his sole pleasure could give his Kingdome to another or make it tributary whereby the Nobles of the Realme should be made servants And the next day Lewes his Advocate alledged that King Iohn for his homicides and many other enormities was justly rejected by his Barons that Hee should not reigne over them That he could not give the Crowne of England to any one without the assent of his Barens and that when he had resigned it he presently ceased to be a King and the Kingdome became void without a King and being so vacant could not be disposed of without the Barons who had lawfully elected Lawes for their King who in pursuance of this his Title which the Estates of France held just sailed into England took possession of the Kingdome received homage of all the Barons and Citizens of London who joyfully received him taking an Oath upon the Evangelists to restore them their good Lawes together with their lost Inheritances Henry the 2. of France being casually slaine by the Earle of Montgommery in running at the Tilt left the Crowne to Francis the 2. being but about 16. yeares of age the Queen Mother with his wives Vncles the Duke of Guise and the Cardinall of Loraigne hereupon usurped the Government of his person and Realme dispossessed the chiefe Officers of the Crowne kept backe the Princes of the Blood from Court the true and lawfull Governours of the State during the Kings minority
made by the Court of Parliament declared and did declare the Queen his Mother Regent in France and to have the care of bringing up his Person and the Government of the affairs of his Kingdome during his minoritie commanding the Edict to be enrolled and published in all the Bayliweeks Senescaushes and other jurisdictions depending upon the said Court of Parliament and in all other Parliaments of the Realme so that the Queene Mother was setled in the Regency by the Parliament and whole State of France After which Pasquier Counsellor and Master of Requests writ her a large Letter touching the Government of the State wherein he informed her That she must not forbear to assemble the Estates for the reason that some would suggest unto her that they will be some blemish to her greatnesse it is quite contrary The Estates having confirmed it by publike authoritie will settle it fully Commonly the Estates assemble to provide for the present and future complaints of the generall of this Monarchy and to reduce things to their ancient course the people being the foundation whereon this Realm is built and the which being ruined it is impossible it should subsist take away these new Edicts Impositions and Subsidies it is better to gratifie a people than to intreat them roughly Above all things beware that you follow not your own opinion alone in managing the affaires of the Realme Hereupon four and fifty Edicts and Commissions were revoked wherewith the Subjects had been oppressed When the King was to be Crowned the Prelates made this request to him at the Altar before his Coronation We pray and require that you would grant unto every one of us and the Churches whereof we have the charge the Canonicall priviledges good lawes and justice and that you will defend us as a king ought all his Bishops and their Churches Whereunto the king answered I promise to preserve you in your Canonicall priviledges as also your Churches and that I WILL GIVE YOV in the future GOOD LAWS and do you Iustice and will defend you by the help of God according to my power as a king in his Realm OVGHT TO DO IN RIGHT AND REASON to his Bishops and their Churches After which having been acknowledged their lawfull Prince BY A GENERALL CONSENT OF ALL THE ORDERS the Cardinall of Ioyeuse presented unto him the Oath of the Kingdome the sacred Bond of the fundamentall Lawes of the State the which he took publikely in these words with invocation of the Name of God having his hand upon the Gospell which he kissed with great reverence I promise in the Name of Iesus Christ these things to the Christians subject unto me First I will endeavour that the Christian people shall live peaceably within the Church of God Moreover I will provide that in all vocations theft and all iniquitie shall cease Besides I will command that in all judgements equitie and mercy shall take place to the end that God who is gentle and mercifull may have mercy both on you and me Furthermore I will seek by all means in good saith to chase out of my Iurisdiction and the Lands of my subjection all Hereticks denounced by the Church promising by Oath to observe all that hath been said So help me God and this holy Evangell After this Bellarmines Book of the Popes power in temporall causes Becanus and Scoppius Books Marianaes Book de Rege Regis instatutione Suarez his Book with others which taught That the Pope was above Kings in temporall things and that it was lawfull for private subjects by the Popes authoritie to murther kings that were Heretikes and that the murthers of Henry the third and fourth by Chastle and Ravillac were lawfull and commendable were prohibited and condemned to be burnt by Edicts of Parliament Anno 1611. the Reformed Churches of France at their generall Assembly at Samure by the Kings permission made a generall Vnion which they did swear to keep inviolably for the good quiet and advancement of the said Churches the service of the King and Queen Regent and preservation of the Estate and appointed six Deputies therein for the dispatch of all their affaires Anno 1614. the Prince of Conde with divers other Princes Dukes Peer Noblemen and Officers of the Crowne retinued from the Court in discontent and meeting at Meziers writ severall Letters to the Queen Parliament and others complaining therein of divers grievances and disorders in the government which they desired might be redressed by summoning a generall Assembly of the three Estates to be free and safe to be held within three moneths at the furthest protesting that they desired nothing but peace and the good of the Realme that they would not attempt any thing to the contrary unlesse by the rash resolution of their enemies who covered themselves with the Cloke of State under the Queene Regents authority they should be provoked to repell the injuries done unto the King and State BY A NATVRALL IVST AND NECESSARY DEFENCE After which with much adoe Articles of Peace were concluded on at Saint Manehold between the King Queen Regent and these Nobles wherein it was among other things accorded That the generall Estates of the Realme should be assembled at Sens by the four and 20. day of August in which the Deputies of the three Estates may with all libertie propound what soever they shall think in their consciences to be for the good of the Realme and case of the subject that thereby the King with the advice of the Princes Estates might make some good Laws and Ordinances to contain every man in his dutie to fortifie the Lawes and Edicts made for the preservation of the publike tranquilitie and to reforme the disorders which may give just occasion of complaint and discontent to his good subjects That the Kings Mariage with Spaine formerly concluded on should be respited and not proceeded in during his minority that all Garisons put into any places of the Realme by reason of the present motions should be discharged that Letters Patents be directed to all Courts of Parliament to be verefied by which his Majestie shall declare that the said Princes Nobles and others of what quality and condition soever which have followed and assisted them in these alterations had no bad intentions against his service with all clauses necessary for their safeties and discharges that they may not be called in question hereafter and that they shall be restored to their Offices Estates and Dignities to enjoy them as they had formerly done And in like manner his Majestie shall write to all Princes Estates and Common-wealths allied to the Crowne and men of qualitie shall be sent expresly to them to let them understand what he had found concerning the innocency and good intention of the said Princes Officers and Nobles After which the three Estates were published Deputies elected and the King by his Councel and Parliament of Paris was declared of full age
be supprest by such a conspiracie Vpon this the king and Q. Mother through advise of these ill Counsellors raise an Army declare these Princes and Nobles Rebels and Traitors if they submit not by a day whereupon they Arm raise Forces in their own the publikes defence and being at Noyon concluded That as their Armes were levyed for the maintenance of the Crown so they should be maintained by it to the which end they seized on the kings Rents and Revenues in sundry places Mean while the Protestants being assembled in a generall Synod at Grenoble Marsh Desdiguires makes an Oration to them to disswade them from opposing the mariage with Spain wherein he hath this memorable passage to justifie the lawfulnesse of a necessary defensive war for the preservation of Religion and Liberties We have leisure to see the storme come and to prepare for our own preservation Finally having continued constant in our Duties if they seek to deprive us of our Religion and to take that from us wherein our libertie and safetie depends purchased by the blood of our Fathers and our own and granted unto us by that great King Henry the fourth the restorer of France we shall enter into this comerce full of justice and true zeale finde againe in our breasts the courage and vertue of our Ancestors We shall be supported IN OVR JVST DEFENCE by all good Frenchmen assisted by all Princes and Estates which love the true Religion or the good of this State and in a word we shall be favoured of the blessings of God whereof we have hitherto had good experience in our Arms and which will be to the glory of his Name and the spirituall advancement of our Churches After which the Duke of Rhoan and Protestants in defence of their Religion and Liberties joyn with the Princes and Nobles At last both sides came to Articles of agreement made at Luudun Anno 1616. whereof these were a parcell That the grievances of the generall State should be speedily answered That Soveraign Courts should be preserved in their authority and the Remonstrances of the Parliament and Peers considered of That such as had been put from their Offices should be restored That all moneys they had taken out of the kings Revenues should be discharged All Edicts of pacification granted to them of the Reformed Religion observed The prince of Conde and all those of either Religion who had assisted him in this war held for the Kings good and loyall subjects all illegall Imposts removed and all prisoners taken on either side set at liberty Anno 1617. the King and Queene Mother seizing upon the Prince of Conde his person and sending him to the Bastile upon false pretences of disloyaltie and treason caused new insurrections warres and tumults and the Princes hereupon meeting at Soyssons resolved to make open war to seize on the Kings Revenues and to fortifie those Towns and Castles which they held in their Government which they executed and withall set forth a Remonstrance of their grievances unto the king complaining especially against the Marshall of Ancre and his Wife with their adheronts who were the causes of all their miseries who having drawn unto himselfe the whole administration of the Realme made himselfe master of the Kings Councels Armies and Forts thereby supprest the lawfull libertie and Remonstrances of the Parliament caused the chief Officers to be imprisoned and was the cause of the violence done to the Prince of â—onde first Prince of the Blood To the end therefore that they might not be reproached to have been so little affected to his Majestie so ungratefull to their Countrey and so unfaithfull to themselves and their posterity as to hold their peace seeing the prodigious favour and power of this stranger they beseech his Majestie to provide by convenient means for the disorders of the Estate and to cause the Treaty of Loudun to be observed and to call unto his Councels the Princes of the Blood with other Princes Dukes Peers ancient Officers of the Crowne and Councellors of State whom the deceased King had imployed during his reigne Withall they publish a solemne Declaration and Protestation for the restoring of the Kings authority and preservation of the Realme against the conspiracie and tyrannie of the Marshall of Ancre and his adherents Who finding no safetie in the settling of justice resolved to make triall of his power by violating the publike faith thereby to plunge the Realme into new combustions conspiring to destroy the princes of the blood of Peers and chiefe Officers of the Crowne and to oppresse them altogether with the State who might be an obstacle to his ambitious designes To which end he raised false accusations against them as if they meant to attempt the Kings and Queen Mothers persons and caused the King to go in person to his Court of Parliament to publish a Declaration whereby they were declared guilty of Treason though at last being better informed he declared them to be his good Subjects and caused De Ancre to be suddenly slain in the Louure and his Wife to be legally condemned and executed Vpon which the new Councellors and Officers advanced by him were removed the old restored the Princes reconciled to the King and by him declared for his good and loyall subjects Vpon which followed a generall assembly of the Estates wherein divers grievances were propounded and some redressed the King therein craving their advice for the setling and ordering of his Privie Councell Anno 1620. there happen differences between the King and Queen Mother who fortified Towns and raised an Army against the king at last they came to an agreement and were reconciled The two following years were spent in bloody civill warres betweene the King and those of the Religion who avowed their defensive warres lawfull which at last concluded in peace that lasted not long but brake out into new flames of war by reason of the great Cardinall Richelieu who of late years proved the greatest Tyrant and Oppressour that France ever bred reducing both Nobles Gentlemen and Peasants into absolute slavery and vassallage to make the King an absolute Monarch of France and himselfe both Pope and Monarch of the world But he lately dying by the of Divine Iustice of filthy Vicers and Diseases and the King since being some say poysoned by the Iesuites who murthered his two immediate Predecessors wise men conjecture the French will now at last revive and regain their ancient just hereditary freedom rights Liberties and cast of that insupportable yoke of bondage under which they have been oppressed for sundry years and almost brought to utter desolation I have the longer insisted on these Histories of the Kings and Kingdom of Frances which clearly demonstrate the Realm Parliament and three Estates of France to be the Soveraigne Power in that Kingdom in some sort paramount their kings them selves who are no absolute Monarchs nor exempted from the Laws jurisdiction restraints censures
of their Kingdom and Estates assembled as some falsly averre they are because our Royalists and Court Doctors parallell England with France making both of them absolute Monarchies and our greatest malignant Councellors chiefe Designe hath been to reduce the Government of England to the late modell and new arbitrary proceedings of France which how pernicious they have proved to that unfortunate Realm what infinite distructive civill warres and combustions they have produced and to what unhappy tragicall deaths they have brought divers of their Kings Princes Nobles and thousands of their people the premisses other Storyes will so far discover as to cause all prudent Kings and Statesmen to steer the Helme of our own and other Kingdoms by a more safe steddy and fortunate compasse Thus I have done with France and shall recompence any prolixity in it with greater brevity in other Kingdoms when I have overpassed Spain From France I shall next steer my course to the Kingdomes and Kings of Spaine whom Iacobus Valdesius Chancellor to the King of Spain in a large Book de Dignitate Regum Regnorumque Hispaniae printed at Granado 1602. professedly under takes to prove to be of greater dignity and to have the Precedency of the Kings and Kingdoms of France which Cassanaeus and all French Advocates peremptorily deny The first Kings of Spain over-run by the Goths and Wisigoths are those their Writers call the Gothish Kings who as Michael Ritius de Regibus Hispaniae L. 1 2. Iohannis Mariana de rebus Hispaniae L. 2 3. the Generall History of Spain and othes affirme were elected by and had their authority from the people You may reade their lives and successions at large in these Authors and finde some of there dis-inherited and deposed by their subjects others of them in ward during their minorities to such as the State appointed others murdered but all of them subject to the Lawes of their Realms as it is evident by the expresse ancient Law of the Wisigoths having this Title Quod tam Regia potestas quam populorum universitas Legum reverentiae sit subjecta by other lawes thereto annexed by Iohannis Mariana De Rege Regis institutione L. 1. c. 9. Those whom they properly call Kings of Spain had their royall authority derived to them conferred on them by the people upon this occasion Spain being a Provincesubject to the Roman Empire was spoyled over-runne and possessed by the barbarous Moors for many years in which time the Spanyards oft solicited the Roman Emperours for ayde to expell the Moors but could gain none Whereupon to free themselves and their Countrey from slavery they chose one Pelagius for their Captain by whose valour they conquered the Moors and thereupon by unanimous consent Elected and Crowned Pelagius King of Oviedo whom the Spanish Writers mention as the first King of Spain And this their desertion by the Emperours the Spanish Writers generally hold and g Iacobus Valdesius proves it largely to be a sufficient lawfull ground for the Spanyards even by the generall law of Nations to cast off their subjection to the Roman Empire and to elect a King erect a Kingdom of their own exempt from all subjection to the Emperor since they purchased their own libertie and Countrey from the Gothes by conquest of themselves alone without any aide or assistance from the Roman Emperours to whom for this reason they hold themselves and their Kingdom no wayes subject yet for all this they deem their Kings inferiour to their whole Kingdoms and censurable yea deposable by them as is cleer by the forecited passage of the Bishop of Burgen Ambassadour to the King of Spain in the Councell of Basill and by Johannis Mariana the Jesuites Book de Rege Regis Institution dedicated to Philip the third King of Spain printed at Madrit in Spain by this Kings own speciall priviledge Dated at Madrit January 25. 1599. and after this reprinted at Mentz in Germany Anno 1605. Cum privilegio sacrae Caesariae Majestatis to wit of the Emperour Radulph the second permissu Superiorum who certainly would not thus specially approve authorize this Book for the Presse had it maintained any Positions contrary to the Laws or derogatory to the Prerogative Royall of the Crownes and Kingdoms of Spain though other States cannot so well digest it In this very Book the Authour who hath likewise written a large History of the affaires and Kings of Spain professedly maintains in a speciall Chapter wherein he debates this Question Whether the power of the Republike or King be greater That the whole Kingdom State and People in every lawfull Kingdom and in Spain it selfe are of greater power and authority then the King His reasons which I have for brevity digested into number in his own words are these First because all Royall Power that is lawfull hath its originall from the People by whose grant the first Kings in every Republike were placed in their Royall Authoritie which they circumscribed with certain laws and sanctions lest it should too much exalt it selfe to the distruction of the Subjects and degenerate into a Tyrannie This appears in the Lacedaemonians long since who committed onely the care of Warre and procuration of holy things to the King as Aristotle Writes Also by a later example of the Aragonians in Spain who being incited with an earnest endeavour of defending their libertie and not ignorant how the hights of Libertie are much diminished from small beginnings created a middle Magistrate like the Tribunall power commonly called at this time Aragoniae Iustitia the Justice of Aragon who armed with the lawes authoritie and endeavours of the people hath hitherto held the Royall Power included within certain bounds and it was specially given to the Nobles that there might be no collusion if at any time having communicated their counsell among themselves they should keep assemblies without the Kings privity to defend their Lawes and Liberties In these Nations and those who are like them no man will doubt but that the authoritie of the Republike is greater then the Kings Secondly because in other Provinces where the people have lesser and the Kings more power and all grant the King to be the Rector and supream Head of the Commonwealth and to have supream authoritie in managing things in times of warre or peace yet there the whole Commonwealth and those who represent it being chosen out of all Estates and meeting together in one place or Parliament are of greater power to command and deny than the King which is proved by experience in Spain where the King can impose no Taxes nor enact no Laws if the people dissent or approve them not Yea let the King use art propound rewards to the Citizens sometimes speak by threats to draw others to consent to him solicite with words hopes and promises which whether it may be well done we dispute not yet if they shall resist their judgement shall be
their consents who shall be the next Heir to avoid questions and commotions about the Title to the Crown That where the Right of the Crown is in controversie the whole Kingdom and State ought to decide the right and settle it where they see best cause That if the right Heir in Hereditary Kingdoms yea in Spain be an Ideot Infant Woman or a person unmeet or not so fit to Governâ— as others of the blood he may be lawfully put from the Crown and another of their Race lawfully substituted King in his place by the whole State especially when the good or safetie of the Commonwealth requires it because the safety of the people is the supremost Law and what they by common consent have Enacted onely for the publike safetie they may without any obstacle alter when things require it by like common consent especially because the hereditary Rights of reigning are for the most part made rather by the dissimulation of the People not daring to resist the will of former Princes then by their certain will and the free consent of all the Estates That he which is thus settled by consent of all the Estates hath a just Title against the next Heir of the Blood and his Issue who are put by the Crown else divers Kings and Princes now reigning in Spain elswhere should be usurpers and want good Titles to their crownes they or their Ancestorâ— being not the next right heires of the Royall Stock for all which particulars he gives sundry instances in the Kingdomes of Spaine as in Berengaria Blanch the Mother of Lewes of France Ferdinand Sancho the younger sonne of Alfonso Henry the Bastard Iohn King of Portugall Fardinand and Iohn the 2. of Aragon c. concluding That if the King degenerate into a Tirant by subverting Religion Lawes Liberties oppressing murthering or deflowring his subjects the whole Kingdome may not onely question admonish and reprehend him but in case he prove incorrigible after admonition deprive him and substitute another in his place which saith he hath been done more then once in Spain Thus King Peter was publikely rejected for his cruelty to his subjects and Henry his Brother though of an unclean Mother obtained the Crowne so Henry his Nephewes Nephew for his slothfulnesse and evill manners was deposed by the Nobles suffrages and Alphanso his Brother though but a yong child proclaimed King After his death Elizabeth Henry his sister had the chiefe government of the Realme leaving Henry And for a conclusion he addes That such a Tyrannicall King continuing incorrigible after publike admonitions of the whole State if there be no hopes of amendment may not onely be deposed but put to death and murthered by the whole State or any particular persons by their appointment yea without it a note somewhat above Ela if he be declared a publike enemy by the whole state and in case the whole states cannot publikely assemble by reason of such a Princes knowne notorious tyranny he writes That then in such a case it is lawfull for any private man to murther him to free the Countrey and Kingdome from destruction Adding that it is a wholsome meditation for Princes to be perswaded that if they oppresse the Common-wealth if they become intoller able thorow vices and filthinesse that they live in such a condition that they may not onely be slaine of right but with laud and glory Peradventure this feare â—â—â—retard some Princes that they give not themselves wholly to be corrupted with vices flatterers and cast bridles upon their fury That which is the chiefe let the Prince bee perswaded that the authority of the whole Common-wealth is greater then his being but one neither let him beleeve the worst of men affirming the contrary for to gratifie him which is very pernicious All these positions of Mariana however other Kings and Kingdomes may relish them especially the last touching private Subjects which few can approve the Parliaments of France doing publike execution on this Book as they had just cause for extolling and justifying the barbaroâ—s murther of their King Henry the 3. by James Clement a Dominican Frier l. 1. c. 6. p. 51. to 57. and justifying the Guises Rebellion are yet authorized as Catholike and Orthodox by the most Catholike King of Spaine and the Emperour of Germany in whose Kingdomes they passe for currant coyne the most dangerous of them being seconded not onely by Hieronymus Blanca in his Aragonensium Rerum Commentariis Iohannis Pistorius Hispaniae Illustratae c. and other Spanish Historians collected by him but likewise by Alvarius Pelagius Cardinall Tolet Capistranus Dominicus Bannes Franciscus Victoria Simancha Patensis Gregory de Valentia Suarez the Doctors of Salamancha Becanus Bellarmine with other Spanish Iesuites Writers who most heretically affirme That even the Pope alone either with or without a Councell for heresie as they deem it and obstinacy against the See of Rome may excommunicate censure depose kill or murther any Christian Princes depose them from their thrones dispose of their Crownes to others at their pleasures absolve their subjects wholly from their allegeance and give subjects power to rise up in armes against and murther them by open force or secret treachery which Bishop Bilson truly affirmes to be farre more dangerous and derogatory to Princes then to attribute such a power not to any particular persons but to their own whole Kingdomes and Parliaments onely who being many in number of the same Nation and Religion with and having many dependances on and many engagements by oath duty favours benefits to their Princes lesse malice against them judging onely according to the fundamentall Lawes of the Realme and former presidents of their Ancestors and aiming at nothing but their Kingdomes safety are like to be more just indifferent Iudges of their Princes action when questioned then the Pope a meer enemy and forraigner who proceeds by no other authority but what he hath unjustly usurped from Kings and by no other rules but his owne will pride malice honour or profit I have thus given you an account of the Kings of Spaines subordination to their whole kingdomes and Lawes in point of Thesis and positive Doctorine approved by themselves professed by their eminentest Writers I shall now proceed to Historicall examples to confirme it in point of practise Ordogno the 14. king of Castile summoned 4. Earles of Castile to appeare before him who refused to goe to the warres against the Saracens promising them safe conduct not withstanding he commanded them to be apprehended imprisoned and slain for which bloody Treachery those of Castile rebelled against him rejecting his government and providing for the safety of them and theirs Duos Milites non de potentioribus sed de prudentioribus eligerunt quos Iudices statuerunt c. They elected two prudent Knights of their owne to be their Magistrates and Iudges to governe them to manage their warres and administer justice to them the one
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
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
crown their King in the Assembly of the Estates or Parliament of Arragon to put the King in mind that the Lawes the Iustice of Arragon and Assembly of Estates are above him act a kind of Play that he may remember it the better they bring in a man on whom they impose the name of the Iustice of Arragon whom by the common Decree of the people they enact to be greater and more powerfull then the King to whom sitting in an higher place they make the King doe homage and then having created the King upon certain Lawes and conditions they speake unto him in these words which shew the Excellent and singular fortitude of that Nation in bridling their Kings NOS QVI VALEMOS TANTO COME VOS Y PODEMOS MAS QVE VOS VOS ELEGIMOS REY CON EST AS Y EST AS CONDITIONES INTRA VOS Y NOS VN QVE MANDA MAS QVE VOS that is We who are as great as you and are able to doe more then you have chosen you King upon these and these conditions Between you and us there is one greater in command then you to wit the Iustice of Arragon Which Ceremony lest the King should forget it is every three yeares repeated in the Generall Assembly of the States of Arragon which Assembly the King is bound by Law to assemble it being a part of the very Law of Nations which sacred Liberty of Parliaments and Assemblies if any Kings by evill arts restrain or suppresse as violaters of the Law of Nations and void of humane Society they are no more to be reputed Kings but Tyrants as Hotoman hence determines I have now given you some what an over large account of the two greatest and most absolute hereditary Kings in Christendom France and Spain and proved them to be inferiour to the Lawes Parliaments Kingdomes People out of their owne Authors and Historians in which points if any desire further satisfaction I shall advise them to read but Junius Brutus his Vindiciae Contra Tyrannos De jure Magistratus in â—ubditos and Francisci Hotomani his Franco-Gallia and Controvers Illust for France Ioannis Mariana de Rege Regum Instit l. 1. with his History of Spain Hieronimus Blanca Rerum Arragonensium Commentarius Ioannis 〈◊〉 Laet Hispaniae descrip c. 5. Vasquius Contr. illust for Spain at their leisure and then both their judgements and consciences will be abundantly satisfied herein I shall now very cursorily run over other forraigne Kings and Kingdoms of lesse power and Soveraignty with as much brevity as may be For the Kings of Hungary Bohemia Poland Denmarke Sweden as they have been usually and are at this day for the most part not hereditary but meerly ellective by the Nobles and people so their Lawes which they take an Oath inviolably to observe and their Parliaments Nobles people are in Soveraigne power and jurisdiction paramount them as much almost if not altogether as the State of Venice is above their Duke or the States of the Low Countries superiour to the Prince of Orange and may upon just occasion not onely forcibly resist them with Arms but likewise depose if not adjudge them unto death for their Tyranny as Iohn Bodin the Histories of Hungary Poland Bohemia Denmarke Sweden Iunius Brutus De Iure Magistratus in Subditos Munster in his Cosmography and those who have compiled the Republikes of these Realmes attest who further evidence that most of these Realms have sometimes elected them Kings other times onely Dukes and made their republikes Principalitis Dukedoms or Kingdomes at their pleasure To give onely some briefe touches concerning these Realmes and their Kings Hungary THe Kings of Hungary are meerly elective by the States and Senators in their Parliaments or assemblies of the Estates without whom they can neither make Lawes impose Taxes leavie Warre nor conclude Peace and the grand Officer of the Realme to wit the great Palatine of Hungary who hath the chiefe Command both in Peace and Warre and power to judge the King Himselfe in some cases is elected onely in and by their Parliaments as the Marginall Writers manifest at large For their Realms and peoples deportment towards their ill Kings since they became Christians when they have degenerated into Tyrants and otherwise misdemeaned themselves take this briefe Epitome Peter the second Christian King of Hungary growing very insolent Tyrannicall and lascivious ravishing maids matrons in the third year of his reign all the Nobles and people thereupon conspiring together deposed and banished him the Realme electing Alba in his place who growing more insolent and Tyrannicall then Peter was in the third year of his reign slaine in warre and Peter restored to the Crown who proceeding in his tyrannies sacriledge and cruelty he was the third year after his restitution taken prisoner by his subjects his eyes put out and imprisoned till he dyâ—d Solomon the fift King of Hungary was twice deposed and thrust out of his Kingdom first by King Bela next by King Gysa elected Kings by the peoples generall consent and acclamation after whose death the Hungarians refused to restore Solomon and elected Ladislaus for their King whereupon Solomon became an Hermite and so dyed Ladislaus dying left two sons Almus the younger whom they elected King and Coloman the eldest to whom Almus out of simplicity surrendred the Crown because he was the elder brother whom he would not deprive of his primogeniture but repenting afterwards by the instigation of some of his friends he raised warre against his brother But the Hungarians to prevent a civill warre and effusion of blood DECREED that these two brethren should fight it out between them in a single duell and he who conquered in the duell they would repute their King Which Combate Coloman being purblinde lame and crookback'd refused after which Coloman treacherously surprising his brother Almus contrary to agreement put out his and Bela his sonnes eyes and thrust them into a Monastery King Stephen the second sonne of Coloman refusing to marry a wife and following Harlots the Barons and Nobles grieving at the desolation of the Kingdome provided him a wife of a Noble family and caused him to marry her After which making a war to aid Duk-Bezen without his Nobles consent in which Bezen was slaine the Nobles of Hungary assembling themselves together in Councell sayd Why and wherefore dye we if we shall claime the Dukedome which of us will the King make Duke therefore let it be decreed that none of us will assault the Castle and so let us tell the King Because he doth all this without the Councell of his Nobles They did so and added further that if he would assault the Castle he should doe it alone but we say they will returne unto Hungary and chuse another King Whereupon By the Command of the Princes the Heraulds proclaimed in the Tents That all the Hungarians should speedily returne into Hungary wherefore the King when he saw
himselfe justly deserted of his subjects ayde returned into Hungary Stephen the third comming to the Crowne did nothing without the Authoritie and advise of the Senate Stephen the fourth sonne of Bela usurping the Crowne was soone after expelled the Kingdome Emericus being elected King was very likely to be depriued by the Nobles and people for his sloathfulnesse but that he appeased them with good words and promises King Andrew going to Jerusalem his Queene Elizabeth in the meane time delivered the Wife of Bauchan a Nobleman being very beautifull to her brother who doated on her to be abused which Bauchan hearing of slew the Queene the King upon his returne examining this businesse acquitted Bauchan and judged her murther just being for so lewd a fact Ladislaus the fourth giving himselfe to all effaeminacy luxury and Harlots became odious to his Barons Nobles People for which he was excommunicated by Firmanus the Popes Legat that he might live Christianly and Chastly but he reforming not was soone after in the yeere 1â—90 slaine by the Cumans and his Kingdome infested with civill warres Mary the daughter of K. Lewes being received as Queene by the Hungarians for her fathers merits after his decease being yet young was married to Sigismond who was admitted into partnership in the government of the Realme and being governed by her mother and Nicholas de Gara who perswaded them to carry a strict hand over the Nobles of the Realme which they did thereupon the Nobles seeing themselves despised sent for Charles King of Naples into Hungary forced Mary and her Mother to resigne their rights to the Crowne and crowned Charles King at Alba Regalis When he was crowned the Bishop of Strigonium according to the custome demanded of the people thrice with alowd voyce Whether it were their pleasure that Charles should be crowned King who answered Yes which done he was crowned and soone after murthered by the two Queenes treachery Who were shortly after taken prisoners by Iohn de Horrach governour of Croatia the Queen Mother Elizabeth drowned Queen Mary kept prisoner and at last released upon oath given not to revenge her Mothers death who contrary to her oath caused Hornach and 32. Nobles more to be beheaded by Sigismond her husband whose kindred and children thereupon conspired against King Sigismond tooke and detained him prisoner Anno. 1401. till they should proceede further against him and in the meane time the Nobles of Hungary elected Ladislaus King of Apulia for their King and at last deposed Sigismond for his misgovernment cruelty love of women After Sigismonds death the Nobles and people were divided in the choise of their King one part electing and crowning Vladislaus King of Poland the other party Ladislaus an infant for their King but Vladislaus his party prevailing he was not long after slaine in a battle against the Turkes and the government of the Realme committed to that Noble Souldier Huniades during the Minority of Ladislaus who at his ripe age was received and declared King by all the Hungarians Ladislaus deceasing the Hungarians elected the Emperour Frederick King who delaying to come and take the election they thereupon chose Mathias King who enjoyed the dignity notwithstanding the Emperours opposition Anno. 1608. Mathias King of Hungary denyed the Protestants in Austria free exercise of their Religion they thereupon were forced to take up Armes and assembling together at Horne made a Protestation and sent to the States of Hungary requiring them to assist them with the succours that were promised by the offensive and defensive league after which they obtained a peace and part of what they demanded Anno 1613. In an Assembly of the Estates of Hungary the differences concerning the defence and Militia in the borders of Hungary against the Turke were ordered and setled And An. 1618. After many slow proceedings they elected Ferdinand of Bohemia for their King of Hungary but with these conditions That he should Religiously observe and cause to be immovably observed all the Liberties Immunities Priviledges Statutes Rights and Customes of the Kingdome with the Conclusions and Freaties of Vienna and all the Articles comprehended therein and all other concluded both before and after the Coronation of the Emperours Majestie in the yeares 1608. and 1609. Which Articles being ratified by the Emperour under his Letters Patents they proceeded to the Coronation according to the accustomed manner Such is the Soveraigne power of the States of Hungary to this very day And in one word so odious were Tyrants anciently to the Slavonians and Hungarians that by a publick Law of their Ancestors he who slew a Tyrannicall King was to succeede him in the Kingdome Bohemia For the Kings and Kingdome of Bohemia M. Paulus Stranskius in his Respublica Bohemiae c. 5 12. informes us out of the Fundamentall Lawes of Bohemia That the power of the Kings of Bohemia who are Elected by the generall Votes of the States is so farre restrained in that Realme that they can determine nothing concerning the Kingdome or great Affaires of the Realme but in their Parliaments or generall Assemblies of the Estates by the generall consent of the people which are Summoned by the king himself and held just like our Parliaments in the kings Regency and during the Interregnum by the Senate of the Realme as often as there is occasion there being this clause in the Writ of Summons That whether all those who are sommoned come at the day or not the king with those who appeare will proceed to decree what shall be just and beneficall for the Republicke and that those who neglect to appeare shall be bound thereby all Lawes and Acts are therein passed by publicke consent The king cannot alien or morgage any of the Crown Lands nor release not diminish the revenue Liberties of the Realm nor promote any strangers to the custodies of Castles or publicke functions impose no Taxes charges nor altar the ancient manner of the Militia of the Realm nor make warre or peace without the Parliaments advise and consent And before the king is Crowned the Burgrave and Nobles in the Name of all the Realme demand of him to confirm and ratifie both with his especiall Charter and publick Oath the Ancient and laudable Priviledges Immunities Liberties Rights Laws Customes and Institutions as well private as publicke of all and singular the inhabitants of the Realme and to governe them according to the rule of the Lawes after the example of his predecessors kings of Bohemia Which done he seales and delivers them a speciall Charter takes such a solemne Oath and then is Crowned upon these Conditions The Arch-bishop of Prague after the Letany ended demands of the king kneeling on his knees Wilt thou keepe the holy faith delivered to thee from Catholick men and observe it in just workes He answering I will He proceedes and saith Wilt thou Governe and defend the Kingdome granted thee from God according to the
in sundry Declarations justified their rejection of Ferdinand their Election of Frederick and his Title to be just and lawfull with their preceedent and subsequent warres in defence of Religion Yea Fredericke himselfe by sundry Declarations maintained his own Title and the lawfulnes of these wars which passages and proceedings being yet fresh in memory and at large related by Grimston in his Imperiall History I shall forbear to mention them By this briefe account you may easily discerne the Soveraigne power of the Realm and States of Bohemia over their kings and Princes most of the great Offices of which Realme are hereditary and not disposable by the King but States who Elect their Kings themselves and their greatest Officers too Poland For the Kings and Kingdome of Poland Martinus Chromerus in his Polonia lib. 2. De Republica et Magistratibus Poloniae informes us that the Princes and Dukes of Poland before it was advanced unto a Kingdome and the Kings of it ever since it became a Realme were alwaies elected by the chiefest Nobles and States unanimous suffrages That after the Kings of Poland became Christians their power began to bee more restrained then it was at first the Clergy being wholly exempt from their royall Iurisdiction That the King cannot judge of the life or fame of a knight unlesse in some speciall cases without it be in the assembly of the Estates with the Senate nor yet publickly make Warre or Peace with any nor impose Taxes or Tributes or new Customes nor alienate any of the goods of the Realme nor yet doe or decree any greater thing pertaining to the Common-wealth without the Senate or Parliaments assent Neither can hee make new Lawes nor publickly command money in an extraordinary manner nor coine money nor nominate a Successor not with the Senate without the consent of the Nobility whether of Knights or Gentlemens Order By or out of whom all publicke Magistrates and Senators almost are chosen so as now the summe or chiefest power of the Republicke is residing in them So that the Kingdome and Republicke of the Polonians doth not much differ in reason from that of the Lacedâ—monians in ancient times and of the Venetians now An Oath is exacted of the new King when he is crowned to this effect That he shall raigne according to the Lawes and institutes of his Predecessors and will safely conserve to every order and man his right priviledge and benefit confirmed by former Kings nor will he diminish any of the borders or goods of the Realme but will according to his power recover those that are lost from others After all which the Senate sweare fealty to him c. The Revenues Tributes and Customes of the King are all reduced to a certainty the Nobles Clergie are exempted from Taxes The king by the Lawes of King Alexander is prohibited to alien to any one the Lands of the Crowne No new Lawes can be made nor old ones repealed but by the king Senate and Nobles assembled in Parliament And because there is wont to be in highest power a slippery and ready degree to Tyrannie certaine Senators and Councellours are adjoyned to the King who may direct his Councells and Actions to the safety of the Common-wealth and his judgments according to the Rule of justice and equitie and with their wholsome monitions and Councells may as there shall be occasion as it were with certaine living Lawes both informe his minde and moderate his power This Royall Senate much greater now then in times past consists of a certaine number of men which wee call the Senators or Councellours of the REALME who are not admitted to the Councell without an Oath and this Office is perpetuall during life having certaine Honours and Magistracies thereto annexed partly Ecclesiasticall partly Civill It consists of 96. persons in all some of them Bishops others Palatines Knights Castellanes and other Officers of the Realme The Chancellor of the Realme may signe many things without the Kings Privitie and may deny to seale those things which are contrary to Law though the king command them Most of the great Officers and Magistrates are chosen in Parliament and cannot be displaced but in Parliament and that for some great offence Their Parliaments or Generall Assemblies of the States are held much like ours once every yeare at least and some times every fift or sixth moneth if there be occasion and then they are kept constantly at one place to wit at Petricow or Warsavia in the midst of the Kingdome unlesse it be upon some extraordinary just occasion and then the king by advice of this Councel may sommon the Parliament at another place It is provided by a Law within these 20. yeares That it shall not be lawfull to the King to make a warre without the assent of his Parliament and Great Councell and that the Nobles as oft as there is occasion shall at their owne costs without wages defend the borders of the Realme yet not without the King unlesse it be during the Interregnum but they may not be compelled to goe out of the Realme to any Forraigne warre without wages the Souldiers wages are reduced to a certainety and asseased by publicke consent in Parliament which Orders all Military and Civill Affaires So Cromerus For their carriage towards their ill Kings I shall give you onely a short account Miesco their second King being unfit to governe a man given wholly to his belly ease sleepe pleasure and governed by his Queene thereupon most of his subjects revolted from him and he dying the Polonians at first for many yeares refused to chuse Cazimirus his Son King least he should follow his fathers step till at last after a long Interregnum when he had turned Monke they elected him King Boleslaus his sonne a man of a dissolute life given to lust and the pâ—st of the Realme was excommunicated by the Bishop of Cracow for his wickednes for which cause he slew him Whereupon the Pope deprived him and Poland of the Crowne and absolved his Subjects from their obedience to him who expelled and forced him to flee out of the Realme into Hungary where he became mad and died Myâ—zlaus the 10. King of Poland exercising tyranny every where upon his people by reason of his power and allies was deposed by his subjects and Cazâ—miâ—us elected King in his stead He was three or foure times deposed â—nd put by the Crowne Boleslaus who succeeded Henry was deprived of the Monarchy Henry was surprised and most strictly imprisoned Boleslaus was slaine by his Nobles and Vladislaus Locktect elected King in his stead ravishing virgins Matrons and not reforming things according to promise the Nobles hereupon assembling together An 1300. abrogated his election as pernicious and chose Wenceslaus King of Bohemia King in his place And not to recite more ancient histories of such like nature King Henry the third of Poland was elected and sworne King upon conditions which he
quin factum hoc nostrum ad quod extrema necessitas nos compulit nequaquam sint improbaturi Pro quo ipso singulis pro ratione ordinis conditionis suae nostra studia officia gratitudlnem omni tempore praestandam deferimus pollicemur Swethland NOt to mention the Kings and Kingdom of Norway long since incorporated into Denmarke whose lives and Catalogue you may reade in Munster Ioannis Magnus Crantzius and others in which Realme not one King anciently died of age or diseases in above one hundred yeers but of violent deaths there being this custom That whosoever slew a tyrant King was thereby made a King The Kings of Swethland have alwayes been elected upon certaine conditions and subordinate to the power and censures of their whole States and Parliament in such sort as the Kings of Hungary Bohemia Poland and Denmarke have beene and oft times this Kingdome hath beene annexed to the Realme of Denmarke and subject to the Danish Kings as they saw occasion The names and lives of the Swedish Kings before and since their conversion to Christianity you may reade at large in Munster Joannis Magnus Crantzius Olaus Magnus and others I shall give you a taste onely of some of them out of those Authors Halsten and Animander his successor were thrust out of their Thrones and Realms by their Subjects After whose death the Swedes elected one King of their owne Nation the Gothes another not enduring a forraign Prince to reigne over them King Bugerius slaying his brother Ericus who had imprisoned him at a banquet his Nobles detesting this his treacherous act rose up in Armes against him expelled him the Realme and beheaded his Queen and Magnus his son electing Magnus the son of Ericus for their King Magnus the seventh betrothed his son Aquin to a kinswoman of the Earle of Holstain upon this condition That unlesse Aquin should receive her a Virgin all the Nobles of the Realme should be freed from their Oath of Allegeance to him The Virgin sailing into Swethland was taken prisoner by Waldamer King of Denmarke who betrothed his daughter Margaret to Aquin whereupon the Nobles of Sweden denied to yeeld any more obedience to their King deserted Magnus and chose Albert King Magnus seeking to regaine his Realme was defeated in battell and died in exile Queen Margaret taking Albert prisoner and conquering Sweden left it and two Kingdoms more to Ericus her adopted son But the Swedes weary of a forraigne yoke by the helpe of Engelbert denied subjection to him and waged warre so long with him that he was forced to place Swedes in all the Castles by agreement and to receive onely halfe the revenues of the Realme in his absence and at last tired out with the wars deserted both Crowne and Kingdome After this the Swedes elected Charles for their King who after seven yeers reigne perceiving that he grew grievous and displeasing to the States of Sweden taking his owne private goos onely with him and leaving the treasure of the Realm in a safe place left the Kingdome Whereupon they elected Christierne the first the King of Denmarke and Norway for their King against whom they took up armes because he had broken that paction prescribed to him when he tooke the Crowne whereupon Anno 1499. Christierne came with a great power to subdue the Swedes but he was easily conquered repulsed thence twice one after another by the Swedes united forces who elected them a Governour whom they called a Marshall which had power to call generall Assemblies of the States and execute the Kings Office and might have beene elected King upon such conditions as the States propounded which he refused to submit to King Iohn thinking to subdue the Swedes after Christiernes death was repulsed by them and his Queen taken prisoner His sonne Christierne the second King of Denmarke by the treachery of Gustavus Archbishop of Vpsalis after many encounters upon promise to continue their Laws Liberties and Priviledges inviolably and to remit all offences past by a solemne Oath was elected by the Swedes for their King who swearing these Articles and confirming them by his Charter was upon this admitted into the Towne and Castle of Holme where feasting all the Nobles and principall men of Swethland two dayes together suspecting no treachery he suddenly apprehends them imprisons murthers all the Nobles Gentry Citizens Commons yea Bishops and Monkes with extraordinary cruelty spoils their wives and Orphans of all their goods and exerciseth more then barbarous tyranny over them which Gustavus Erichson a noble Swede then in Denmarke hearing of escape thence privily and comes into Swethland disguised raiseth an Army to revenge this butchery delivers his Country from this Tyrant and for his noble service was by their unanimous vote elected and crowned King of Sweden in his stead the Swedes in a publike Declaration manifesting their expulsion and deprivation of Christierne for his treachery and tyranny to be just and lawfull Ericus the seventeenth King of Sweden imprisoning his brother murdering his faithfull Counsellours warring upon his Subjects playing the tyrant and matching himselfe unworthily to a woman of meane condition was for these his misdemeanors taken prisoner with his Queene deposed and his brother made King in his stead Anno 1599. And Sigismund King of Sweden taking upon him the Crowne of Poland after fourteen yeers reigne was deposed and dispossessed of his Kingdom Anno 1607. and Charles his Uncle made King in his stead Assyria Cyprus Lombardy Naples Venice I Could now acquaint you with many such like passages and stories in the Kingdomes of Assyria as how effeminate Sardanapalus for his vices and mis-government was deprived by his Subjects burned in his Palace and Arbactus made King in his stead In the Kingdom of Cyprus where King Peter murthering his brother and those of Geneva was soon after taken prisoner and made a tributary Prince King Iohn governed by Helena his wife and she by his Nurse which made the people weary of the government had a Regent by consent of the Nobles Ioba of Portugall whom they married to his daughter Carlota set over him and the Realm and all the royall power soon after put into his hands who being soon poysoned by Helena Lewes sonne to the Duke of Savoy was sent for and crowned King by generall assent and John and Iames his sons put by Clephus the second King of Lombardy was so cruell that after his death they would have no more Kings but chose thirty Dukes to governe them who continued this government eleven yeeres Desiderius the last King of Lombardy was taken prisoner with all his children in Pavia by Charles the great and so that Kingdome ceased Anno 774. Tancred the fourth King of Naples was deposed by Pope Celestine the third with his peoples consent Momfrey Bastard poysoning Conrade the seventh King of Naples and usurping the Crown was deposed by Charles Earle of Aniou who
king then he was no king before they had made him as many Divines most sottishly averre against the very letter of the Text and Iosephus who writes That it pleased the Assembly of the Israelites there held that HEE SHOULD RECEIVE THE KINGDOM BY THE PEOPLES CONSENT And Ieroboam and ALL THE CONGREGATION OF ISRAEL came and spake unto Rehoboam saying Thy Father made our yoake grievous now therefore make thou the grievous service of thy Father and his heavy yoake which he put upon us lighter AND WE WILL SERVE THEE because naturally subjects delight in mild Kings who will somwhat descend from their altitudes saith Iosephus This was the condition they propounded to him before they would accept him for their king and upon this condition only would they admit him to reigne over them therefore doubtlesse the disposall of the Crown and limitation of the kings royall power resided in all the congregation who had authority to prescribe their kings what equall and just conditions they pleased And he said unto them depart yet for three dayes then come again to me and the people departed Hereupon Rehoboam consulted with the old men that stood before Solomon his Father while he lived and said how doe you advise that I may answer this people And they spake unto him saying If thou wilt be A SERVANT unto this people this day and wilt SERVE THEM and answer them and speak good words to them THEN THEY WILL BE THY SERVANTS FOR EVER But he forsooke the Counsell of the old men which they had given him and consulted with the young men that were grown up with him and which stood before him and following their ill advise when Ieroboam and all the People came to Rehoboam the third day as he had appointed the King answered the people roughly and forsaking the old mens Counsell he spake unto them after the Counsell of the young men saying My Father made your yoake heavy and I will adde to your yoake my Father chastised you with whips but I will chastise you with scorpions Wherefore the King HEARKNED NOT UNTO THE PEOPLE for the cause was from the Lord c. SO WHEN ALL ISRAEL SAW THAT THE KING HEARKNED NOT VNTO THEME the People answered the King through indignation with one voyce writes Iosephus saying What portion have we in David NEITHER HAVE WEE INHERITANC IN THE SONNE OF IESSE that is we have not intailed our Subjection nor the inheritance of this our Realme to David and his seed for ever but are still free to elect what King we please to thy Tents O Israel Now see to thine House David so Israel departed to their Tent. But as for the children of Israel which dwelt in the Cities of Judah Rehoboam reigned over them the Tribes of Iudah and Beniamin CHOOSING HIM THEIR KING BY THEIR COMMON SVFFRAGES writes Iosephus Then King Rehoboam sent Adoram who was over the Tribute to excuse saith Iosephus the petulancy of his young tongue and to appease the mindes of the enraged vulgar And all Israel stoned him with stones that he dyed therefore King Rehoboam imagining truly that himselfe was stoned in his servant and fearing lest the once conceived hatred should be poured out on his own head tremblingly getting up into his chariot as hastily as he could made speed to flee to Ierusalem So Israel fell away from the house of David unto this day And it came to passe when ALL ISRAEL heard that Ieroboam was come again that they sent and called him unto the Congregation AND MADE HIM KING OVER ALL ISRAEL c. it being so preordained by God 1 King 12. 26. to 41. Loe here the whole Congregation or Parliament of Israel if I may so stile it had full and free power to reiect Rehoboam from the Crown for refusing to subscribe to their conditions to elect Ieroboam for their lawfull King and erect a new Kingdome of their owne divided ever after from that of Iudah which action I shall prove anon to be lawfull warranted by Gods owne divine authority and no sinne nor rebellion at all in the People who never admitted Rehoboam for or submitted to him as their lawfull Soveraigne So Iehu having slain King Ioram Ahabs eldest sonne sent a Letter to Samaria where his other 70. sonnes were brought up to the Rulers and Elders there wishing them to look out THE BEST AND MEETEST of their Masters sonnes and set him on his Fathers throne and fight for their Masters house But they being exceedingly afraid said two Kings could not stand before him how then shall wâ— stand and sent word to Iehu We are thy servants and will doe all that thou shalt bid us WE WILL NOT MAKE ANY KING A clear evidence that the kingdom was then elective and that they had power to choose the meetest man not eldest brother for their king After this Zimri slaying Baasha king of usrael and usurping the Crown the people then encamped about Gibbethon hearing of it that Zimri had conspired and also slain the King Wherefore ALL ISRAEL MADE OMRI Captain of the Host king over Israel that day in the Campe who burnt Zimri in his Palace then were the People divided into two parts halfe of the People followed Tibni to make him king and halfe followed Omri But the people that followed Omri prevailed against the people that followed Tibni so Tibni dyed and Omri Reigned being made king onely by the peoples free election without any divine designation So Ioash the sonne of Ahaziah when Athaliah had usurped the Crowne and kingdome of Iudah neer seven yeers space was MADE KING anointed and crowned by Iehoiadah the High Priest the Captaines of hundreds and ALL THE PEOPLE OF THE LAND who rejoyced at it when he was but 7. yeeres old and Athaliah was apprehended deposed and murthered by them as an Vsurpresse So Amaziah King of Iudah being slain by a Conspiracie at Lachish ALL THE PEOPLE OF IVDAH tooke Vzziah who was but 16. yeers old and MADE HIM KING instead of his Father Vzziah king of Iudah being smitten with Leprosie unto the day of his death dwelt in a severall house Iotham his son in the mean time by common consent was over this house judging the people of the Land Ammon king of Iudah being slain by his own servants the people of the Land slew all them that had conspired against Ammon And THE PEOPLE OF THE LAND MADE Iosiah his sonne King in his stead And after Iosiah his death the PEOPLE OF THE LAND took Iehoabaz the sonne of Iosiah and MADE HIM KING in his Fathers stead in Ierusalem From all which sacred Texts and Presidents as likewise from Hosea 8. 4. THEY HAVE SET VP KINGS But not by mee THEY HAVE MADE PRINCES and I knew it not it is most apparant that the kings of Israel and Iudah were usually elected by and derived their Royall authority from the people who made them kings and received not their
own wisdome And to doe nothing without the advice of the High-Priest and Senate and that if he multiplyed horses and mony more then was fitting They might resâ—st him lest he became more potent then was expedient for their affaires Hence Petrus Cunaeus de Repub. Hebr. l. 1. c. 12. p. 101. 102. writes thus of the Sanhedrin or Parliament among the Iewes Thus the Prophets who grievously offended were no where else punishable but in this Assembly which Quod summae potestatis est as it is an Argument of The Supremest power did both constitute the King ac de Bello gerendo deque hostibus profligandis de proferendo Imperio delâ—berabaâ—t Sed quoniam haec ejusmodi erant in quibus salus omnium summae Reipublicae vertebatur Consultatum de his plerumque cum populo est indictae enim Comitiae sunt in quibus solis populus partem aliquam caperet regendae reipublicae c. De Rege igiâ—ur deque Bello ut dixi decreta facta interdum Populi auctore sunt Caetera omnia Senatores Sanhedrin Per se expedivere So that the Sanhedrin and Congregation of the people were the highest Soveraigne power and principall determiners of publike matters concerning warre and peace by Cunaeus his resolution Who debating this weighty controversie What the Scepter of Iudah was prophesied of Gen. 49. 10. and what and whose the Majesty of the Empire was determines thus I suppose the Scepter to be nothing else but the Majesty of the Empire or Government to wit that Quae ipsi Reipublicae assidet which belongs to the Republike it selfe Wherefore whos 's the Republike is the Scepter ought to be said theirs Now the Hebrew Republike from Moses his time till the Kingdome of Rehoboam was not of the Iewes or tribe of Iudah but of the twelve Tribes from whence it followes that even the Scepter for all those times was of all the Israelites Now of this Scepter which was long common to all the twelve Tribes the divine Patriarke spake not in that most famous Oracle for he looked at latter yeares and future ages when as the Tribe of Iudah the people being divided into contrary parts began to have its Republike apart from the Israelites which God approved and loved and would have to be called Iewish from the Tribe of Iudah alone untill hee to wit Christ should be given to the assemblies of men to whom not onely the Empire of the Iewes but Gentiles also was destinated And verily this Majesty of the Scepter from the time it once began to be of the Iewes we say continued to be theirs although the state of the Commonweale was sometimes changed and the soveraignty of the Empire was sometimes in the Elders and High Priests sometimes in the Kings and Princes They doe too foolishly who here dance in a narrow compasse and suppose that the honour of this name appertaines not but to Kings For what people soever useth its owne Republike and its Lawes Is recte Gloriari de Imperio deque sceptro potest it may rightly boast of Its Empire and Scepter It is recorded that at Ierusalem even at that time when not the Princes but the Elders governed the people in the midst of the great Councell which they called the Sanhedrin there hung a Scepter which thing verily was a certain Ensign of its Majesty which Marcus Tullius in a particular Oration saith Esse magnitudinem quandam Populi in ejus potestate ac jure retinendo quae vertitur in imperio atque omnis populi dignitate Not Kings not Princes but Consuls and the Senate managed the Roman Common-wealth whence this Law of Truce was given to the Aetolians which Livy reports That they should conserve The Majesty of the People of Rome without mal-engin And the very same thing was commanded all free People who by any league but not equall would come into the friendship of the Romanes as Proculus the Lawyer witnesseth in l. 7. F. de Captiu Post reversis Neither think we it materiall to our purpose of what Nation or Tribe they were who moderated and ruled the Iewish affaires for although the Hasmonaean Lâ—vites held their Kingdome for many yeeres yet the Republike was of the Iewish people That most wise Master Seneca said to Nero Caesar That the Republike was not the Princes or of the Prince But the Prince the Republikes Neither verily was the opinion of Vlpian the Lawyer otherwise for he at last â—aith that That is Treason which is committed against the Roman People or against their safety l. 1. s 1. F. ad Legem Iul. Majest Now Vlpian lived in those times when the people had neither command nor suffrages left them but the Emperours held the Empire and Principality and yet he who is wont most accurately to define all things saith That Majesty is of the People From all which it is apparant that not onely in the Roman Empire and other Kingdomes but even among the Iewes themselves the Majesty and Soveraign Power and Scepter resided not in the Kings but in the whole State and People Hence Will. Schickardus in his Ius Regium Hebraeorum Argent 1625. p. 7. determinesthus The state of the Iewish Kingdome was not Monarchicall as our Court Doctors falsely dream but mixt with an Aristocrcie for the King without the assent of the Sanhedrin Could determine nothing in great causes They constituted not a King but in it c. attributing the Soveraignest power to the Congregation and Sanhedrin who had power to create elect and in some cases to resist and depose their Kings Hence Huldericus Zuinglius writes expresly That the Kings of the Iewes and others when they dealt perfidiously contrary to the Law of God and the rule of Christ might be lawfully deposed by the People This the example of Saul manifestly teacheth whom God rejected notwithstanding he had first elected him King Yea whiles wicked Princes and Kings were not removed all the people were punished of God as is evident by Ier. 15. 1. to 6. where they were punished with four judgements and plagues for Manassehs sinnes In summe if the Iewes had not permitted their King to be so wicked without punishment they â—ad not beene so grievously punished by God By what means he is to be removed from his Office is easily to conjecture thou maist not slay him nor raise any war or tumult to do it but the thing is to be attempted by other means because God hath called us in peace 1 Cor. 7. If the King be created by common suffrages he may again be deprived by common Votes unlesse they will be punished with him but if he be chosen by the election and consent of a few Princes the people may signifie to them the flagitious life of the King and may tell them that it is by no means to be endured that so they may remove him who have inaugurated him Here now is the difficulty for those that do this the Tyrant
will proceed against them according to his lust and slay whom he pleaseth but it is a glorious thing to die for justice and the truth of God and it is better to die for the defence of justice then afterwards to be slain with the wicked by assenting to injustice or by dissembling Those who cannot endure this let them indure a lustfull and insolent Tyrant expecting extream punishment together with him yet the hand of the Lord is stretched out still and threatneth a stroke But when with the consent and suffrage of the whole or certainly of the better part of the multitude a Tyrant is removed Deo fit auspice it is done by God approbation If the Children of Israel had thus deposed Manasseh they had not been so grievously punished with him So Zuinglius Hence Stephanus Iunius Brutus in his Vindiciae contra Tyrannos in answer to Machiavels Princeps a most accursed mischievous Treatise and justification of the Protestant defensive wars in France to preserve their Religion and Liberties Anno 1589. determines positively That as all the people are Superiour to the King so are those Officers of State and Parliaments who represent them Superiour to Kings collectively considered though every of them apart be inferiour to them In the Kingdom of Israel which by the judgement of all Polititians was best instituted by God there was this order The King had not onely private Officers who looked to his family but the Kingdom likewise had 71 Elders and Captains elected out of all the Tribes who had the care of the Commonweale both in time of peace and war and likewise their Magistrates in every Town who defended their severall Cities at the others did the whole kingdom These when ever they were to deliberate of greatest affairs assembled together neither could any thing be determined without their advice which much concerned the commonwealth Therefore David called these all together when he desired to in vest Solomon in the Kingdom when he desired the policy restored by him should be examined and approved when the Ark was to be reduced c. And because they represented all the people all the people are then said to have assembled together Finally the same rescued Ionathan condemned to death by Sauls sentence from whence it appears that an appeale lay from the King to the people But from the time the Kingdome was divided through the pride of Rehoboam the Synedrin of Ierusalem consisting of 71 men seems to be of that authoritie that they might judge the King in their assembly as well as the King judge them when they were apart The Captain of the House of Iudah was President over this assembly that is some chief man chosen out of the Tribe of Iudah as even the chief man for the City Ierusalem was chosen out of the Tribe of Benjamin This will be made more evident by examples Ieremie being sent by God to denounce the overthrow of the City Ierusalem is for this first condemned by the Priests and Prophets that is by the Ecclesiasticall judgement or Senate after this by all the People that is by the ordinary Iudges of the Citie to wit by the Captains of thousands and hundreds at last by the Princes of Iudah that is by the 71 men sitting in the new Porch of the Temple his cause being made known he is acquitted Now they in that very judgement expresly condemn King Iehoiakim who a little before had most cruelly slain the Prophet Uriah threatning like things Also we reade elsewhere that King Zedekiah did so much reverence the Authoritie of this Sanhedrin that he durst not free the Prophet Jeremie thrust by these 71 men into a filthy prison but likewise 〈◊〉 dared to translate him into the Court of the Prison from thence yea when they perswaded him to consent to Jeremiah his death he answered that he was in their hands and that he could not contradict them in any thing Yea he fearing lest they should enquire into the conference which he privately had with Ieremie as if he were about to render an account of the things which he had spoken forgeth a lie Therefore in this Kingdom the States or Officers of the Kingdom were above the King I say in this Kingdome which was instituted and ordaintd not by Plato or Aristotle but by God himself the Author of all order and the chiefe institutor of all Monarchy Such were the seven Magi in the Persian Empire the Ephori in the Spartan Kingdom and the publike Ministers in the Egyptian Kingdome assigned and associated to the King by the People to that onely end that He should not commit any thing against the Lawes Thus and much more this Author together with Con. Superantius Vasco who published this Treatise to all pious and faithfull Princes of the Republike giving large Encomiums of its worth as also the Author of the Treatise De Iure Magistratus in Subditos p. 253 254 255 256. 268 to 275. whose words for brevity I pretermit Bp. Bilson in his forecited passages and Hugo Grotius De Iure Belli pacis l. 1 c 3. sect 20. p. 63 64. where he confesseth That if the King of the Israelites offended against the Lawes written concerning the Office of a King he was to be scourged for it and that the Sanhedrin had a power above their king in some cases Finally the Kings of Israel and Iudah were not superior to nor exempted from the Lawes but inferiour to and obliged by them as well as Subjects This is evident not onely by the premises but by sundry impregnable Texts As Deut. 17. 18. 19. 20. where God himselfe in the very description of the office and duty of their King prescribes this in direct termes as a part of his duty And it shall be when He sitteth on the Throne of this Kingdome that he shall write him a Copy of This Law in a Booke out of that before the Priestic and Levites And it shall be with Him and He shall read therein All the dayes of his life that he may learn to feare the Lord his God To keep all the words of the Law and these Statutes to doe them that his heart be not lifted up above his brethren and that He turn not aside from the Commandement to the right hand or to the left seconded by Iosh 7. 8. This Booke of the Law shall not depart out of thy mouth but thou shalt meditate therein day and night that thou maist observe to doe according to all that is written therein turne not to it from the right hand or to the left for then thou shalt make thy way prosperous and then thou shalt have good successe Hence it was that as soon as ever Saul was elected and made King by Samuel and the people he being the first of their Kings Samuel told the people the manner of the Kingdom and wrote it in a Booke and laid it up before the Lord which Booke
Charles the bald Nephew by Lewis the godly and Iudith professeth himselfe An elected King in Aimoinius the Historiographer In summe all kings whatsoever from the beginning were Elective and those who at this day strive to come to the kingdome by succession must of necessity be First ordained by the people Finally albeit the people by reason of certain egregious merits hath in certain Realmes used to chuse kings out of the same stock yet they chuse the stock it self nor the branch neither do they so chuse it but if it degenerates They may elect another But even those who are neerest of that stock are not so much born as made kings are not so much accounted kings as the Attendants of kings which Franciscus Hotomanus in his Franco-Gallia cap. 6. 7. 10. prosecures more at large and manifests by sundry pertinent Presidents and Authorities Secondly that it is apparant by all the premised Histories That in all Empires Monarchies the whole Empire State Kingdome with the Parliaments Senates States Diets publike Officers and generall Assemblies which represent them are the Supreamest Soveraign power superiour to the Emperours Kings and Princes themselves who are subordinate Ministers and servants to them elected created by them for their common good and not absolute Soveraign Lords or Proprietors to rule domineer over them at their pleasure Which conclusion you shall find abundantly ratified and professedly maintained by Marins Salamonius de Principatu in six severall Books by Iohn Mariana de Rege Regis Instit l. 1. c. 8. Stephanus Iunius Brutus his Vindiciae contra Tyrannos throughout especially p. 91. to 110. the Treatise De Iure Magistratus in Subditos throughout Iustus Eccardus de Lege Regia Henricus Ranzovius Commentarii Bellici lib. 1. c. 3. and elsewhere Georgius Obrechtus an eminent Civill Lawyer Disputationes Iuridicae de Principiis Belli sect 115. to 200. where he thus resolves The inferiour Magistrates as in Germany the Electors Princes Earles Imperiall Cities in France the Peers of France in Poland the Vayuodes or Palatines and in other Kingdomes the Nobles Senators and Delegates of the Estates as they are severally inferiour to the Emperour or King Ita Vniverst Superiores existunt so collectively They are superiour to them as a Generall Councell is above the Pope the Chapter above the Bishop the Vniversity above the Chancellor The Prince saith Pliny the second even the greatest is obliged to the Commonwealth by an Oath as its servant ac ipsa Republica seu Regno Minor est and is lesse then the Republike or Kingdome it selfe by Franciscus Hotomanus a learned French Lawyer in his Franco-Gallia c. 6 7. 10 11. 14 15 16 18 20. Aquinas de Regimine Principum c. 6. by Hemingius Arnisaeus De Auctoritate Principum in populum c. and De Iure Majestatis Sebastianus Foxius De Regni Regisque Institutione Vasquius Controvers Illustrium passim Cavarnuius Contr. Illustr T. 2. 505. n. 1. 399. n. 6. Haenon Disp Polit. p. 179. c. Alhusius Polit c. 4. p. 146. to 154. with Iohn Calvin Instit l. 4. c. 20. sect 31. and divers others forecited Heare Iunius Brutus instead of all the rest to this particular being a Frenchman by birth and writing his mind herein both freely accutely and ingeniously in these words Now verily since Kings are constituted by the people it seems necessarily to follow populum universum Rege potiorem esse That all the people are better and greater then the King For such is the force of the word that whoever is constituted by another is reputed lesse then him he who receiveth authority from another is inferiour to his Author Potipher the Aegyptian appointed Ioseph over his family Nebuchadonozer set Daniel over the Province of babylon Darius set an hundred and twenty Princes over the Kingdome Verily Masters are said to appoint servants Kings Ministers so likewise the people appoints the King as the Minister of the Commonweale which title good Kings have not contemned and ill Kings have affected so that for some ages none of the Roman Emperours but an apparant Tyrant such as Nero Domitian Caligula would be called LORD Moreover it appeares that Kings were instituted for the peoples sake neither wilt thou say that for an hundred Homuncices more or lesse for the most part far worse then the rest all inferiours whatsoever were created rather then they for them Now reason requires that he for whose sake another exists is to be accounted lesser then he Thus the Governour of a Ship is instituted by the owner for the Shippes sake who sits at the Helme lest the Ship should be broken on the Rocks or ill hold her course And verily whiles he intends this businesse the other Mariners serve him and the owner himselfe obeyes him and yet he is a servant of the Ship as well as any mariner neither differs he from a mariner in gender but in kind In the Republike which is usually compared to a Ship the King is in place of a Master the people of an Owner Threfore to him seeking the publike safety the people obey and submit when notwithstanding he is and ought no lesse to be accounted a servant to the Republike as well as any Judge or Captain neither differs he from those in any thing but that he is bound to beare greater burthens and undergoe more dangers Wherefore verily what things soever the King acquires in warre or when he gaineth adjoyning Coasts by right of warre or by sentence of Law as those things which are brought into the Eschequer he acquires to the Kingdom not to himselfe to the people I say which constitute the kingdome no otherwise then as a servant purchaseth to his Lord neither can any obligation be contracted with him but by their authority Furthermore innumerable people live without a king but thou canst not conceive a King without a people so much as in thy mind Neither have some attained a Royall Dignity because they differed in kind from other men and ought to rule over others by a certain excellency of nature as shepheards doe over their Flocks but rather the people created out of the same Masse have advanced them to that degree that so if they enjoyed any authority any power they should acknowledge it received from them and possesse it as during their pleasure which the ancient custome of the French aptly sheweth who lifting their King up on a Buckler proclaimed him King For why I pray are Kings said to have innumerable eyes many eares long hands most swift feet what because they are like to Argus Gerion Midas or to those whom fables have feined verily no but indeed because all the people whom it concerns lend all their eies their ears their hands feet and faculties to the king for the use of the Republike Let the people recede from the King he who even now seemed eyed eared strong and flourishing will suddenly wax blind
made and wars decréed But ordinarily the councellers of the Realm of Poland the Chancellor of the Polish Repub. c. although the King in the mean time hath his own Chamberlains Stewards Ministers Domesticks But he who will dispute among the Polonians whether the King or the whole people of the Kingdom represented by the Estates of the Realm be greater doth just like him who should dispute at Venice whether the Duke or the Republike were the superior But what shal we say of those kingdomes which are wont to be carried by succession Verily the thing is no otherwise there The Realm of France which not long since was preferred before the rest both for the excellency of Laws and Orders was thus constituted in times past and although those who hold that place do not sufficiently discharge their duty yet they are not thereby the lesse obliged to do it The king verily hath his great Master or Arch-Steward his Chamberlains Hunters Guard Butlers and the rest whose Offices heretofore did so depend on the King that he dying themselves seemed also to die in their Office so that even yet after the end of the mourning royall the great Master or Arch-Steward is wont to pronounce certain conceived words wherewith he dismisseth the royall family and bids every one provide for himself Yet notwithstanding the Kingdom of France hath its Officers the master of the Palace who afterwards was stiled the Earl of the Stable the Marshals Admirall Chancellour or great Referendary Secretaries Treasurers and Officers who verily heretofore WERE NOT CREATED BUT IN THE GREAT PUBLIKE COVNCELL of the three Orders of the Clergie Nobilitie and people but since the standing Parliament was ordained at Paris they are not thought setled in their Offices before they be received and approved by the Senate of Paris neither can they be casheer'd without their consent and authority Now all these first plight their faith TO THE KINGDOM that is to all the people after that to the King as the Guardian thereof which is perspicuous even from the very form of the Oath But especially the Earl of the Stable when he is girded by the King with the Liliated sword as appears by the words which he pronounceth is girded to that purpose THAT HE MAY DEFEND AND PROTECT THE REPVBLIKE Moreover the Realm of France hath its Peers as Consuls of the King or its Senators as the Fathers of the Republike every of them denominated from the severall Provinces of the Kingdome to whom the King being to bee crowned is wont to plight his faith as to the whole Kingdome from whence it appeares THAT THEY ARE SVPERIOR TO THE KING These again likewise swear that they will defend not the King BVT THE ROYALL CROWN that they will assist THE REPVBLIKE with their councell and that for this end they will be present in the sacred Councell of the Prince in time of Peace or Warre as manifestly appears out of the formulary of the Peership Therefore by the Law of Lombardy in giving sentences they did not onely sit with the Lord of the Fee as Peers but likewise heard the Causes ofttimes between the Superiour Lord and his Vassall We likewise see these Senators of France to have ofttimes judged between the King and Subjects so that when Charles the 6. would have pronounced sentence against the Duke of Britain they withstood him and said THAT THE JVDGEMENT WAS NOT THE KINGS BVT PEERS FROM WHOSE AVTHORITY HE COVLD DEROGATE NOTHING Hence even at this day the Parliament at Paris which is called the Court of Peers or Senators is in some sort constituted a Iudge between the King and People yea between the King and every private man and is bound as with an obligation to right every one against the King Procurers if he invades any thing against Law Besides if the King determines any thing or makes any Edict at home if he make any compact with neighbour Princes if any Warre be to be waged if any Peace be to be made as of late with Charles the fifth The Parliament ought to approve and bée Authour of it and all things which appertain to the Common-wealth ought to be registred among its acts which verily are not ratified untill they shall be approved by it Now that the Senators might not fear the King heretofore none could be preferred into that Order but such who were nominated by the Senate neither could they Lawfully be removed but by its Authority for a lawfull cause Finally even the Kings Letters unlesse they be subscribed by the Kings Secretary and rescripts unlesse they be signed by the Chancellour who hath a power of cancelling have no authority There are likewise Dukes Marquesses Earles Vicounts Barons Castellanes also in Cities Maiors Deputies Consuls in Sindeches Auditors and the like to whom some particular Region or City are severally commended that they may defend the People so farre forth as their jurisdiction extendeth although some of these dignities at this day are reputed Hereditary And besides this yearly heretofore at leastwise as often as necessity required there was held an Assembly of the three Estates wherein all the Countries and Cities of any note did send their Deputies namely Commons Nobles Ecclesiasticks in each of them apart where they publikely determined of those things which appertained to the Republike Now such was evermorethe authority of this Assembly that not only those things which were therein accorded were reputed sacred and holy whether Peace were to be concluded or War to be waged or the Guardianship of the Realm to be committed to any one or a Tax to be imposed was there concluded but even Kings themselves for their luxury slothfulnes or tyrannie were thrust into Monasteries by their authority even all their Ofsprings deprived of the succession of the Kingdom no otherwise then at first when as they were called to the kingdom by the peoples authority verily those whō consent had advanced dissent did pull down again those whom imitation of paternall vertues had as it were called into that inheritance a degenerate and ungratefull minde as it had made then uncapable and unworthy so it did make them to be disinherited From whence verily it appears that succession truly was tolerated to avoid competition succession an interregnum and other incommodities of Election but truely when greater damages would follow where Tyranny should invade the Kingdom where a Tyrant the Throne of a King the lawfull Assembly of the people Perpetually reserved to themselves an Authority of expelling a Tyrant or slothfull King and of deducing him to his Kindred and of substituting a good King in his place Verily peradventure the French received this from the Gauls Caesar in the fifth Book of the Gallic War being the Author For Ambiorix King of the Eburoni confessed that all that time the Empires of the Kings of Gallia were such that the people duely assembled had no lesse authoritie over the King
could not as it is certain he could not is it not manifest whatsoever he shall arrogate to himself besides that he cannot any more usurp it then any theef But on the contrary the people have a right of perpetuall eviction Therefore that the Nobles have been for a long space oppressed in any Kingdom can no way prejudice the people but rather as the servant should not be heard who in that he hath a very long time detained his Lord captive should boast that he was not onely a Free-man but would likewise arrogate to himself a power of life and death over his Lord nor yet a Theefe who because he hath robbed 30. yeers or is the sonne of a Theefe should think himselfe to be without fault yea rather by how much the longer he hath been such a one the more severely should he be punished So likewise a Prince is not to be heard or endured who because he hath succeeded to a Tyrant or hath for a long time used the people like a bondslave from whom he hath received his kingdome or hath offered violence to the Nobles should think that what ever â—e lusted should be lawfull to him and ought to be granted of right Neither doe yeers substract any thing from the peoples right but adde to the injury of the King But what if the Nobles themselves have colluded with the King what if in betraying the cause they have betrayed the people as it were bound into the hands of a Tyrant shall the authority of the people by this prevarication or treason seem to be plainly transferred upon the King whether I say by this fact is any thing taken away from the liberty of the people or adjoyned to the licentiousnesse of the Prince You will say they may impute it to themselves who made choise of such men of perfidious faith But yet these are as patrons to patronize the publike profit and the peoples safety and liberty Therfore as when an Advocate shall make a compact with the adversary of his Client concerning the value of the suit as they speake if he had betrayed his cause he should not hurt him at all so this conspiracie of the Nobles as it were made to the dammage and destruction of the people cannot verily detract any thing from their right but even they themselves shall fall into the penalty of the Law which is promulged against prevaricators and the Law permits the people to chuse another patron and to prosecute their right againe For if the Roman people condemned their Emperors to punishment who at the Caudine Gallowes had dishonourably contracted with the enemies although by compulsion and reduced to greatest straits and judged that they were no wayes obliged by that paction shall not the people be much lesse bound to suffer that yoke which not by force but willingly not for feare of death but out of desire of gain hath been thus treacherously put upon them Or if those who ought to shake it off shall impose it or those who might doe it shall tolerate it He hath many other pertinent passages to the same effect which brevity enjoynes me to omit those that please may read them at their leisure in the Author himselfe whose opinion is fortified by Alphonsus Menesius his poems annexed to his Treatise Thirdly it is abundantly manifest from all the premises That Kings and Emperours alwayes have been are and ought to be subject to the Lawes and Customes of their Kingdomes not above them to violate breake or alter them at their pleasures they being obliged by their very Coronation Oathes in all ages and Kingdomes inviolably to observe them This verily is confessed by K. Iames by our K. Charls himself in his late Declarations to al his Subjects resolved by Bracton Fleta Fortescue our Common and Statute Laws forecited by the Year Book of 19. H. 6. 63. a. where Fray saith That the Parliament is the highest Court which the King hath and the Law is the highest inheritance which the King hath for by the Law he himselfe and all his Subjects are ruled and if the Law were not there could be no King nor inheritance This is proued by Stephen Gardiner Bp. of Winchester in his Letter to the Lord Protector where he writes That when he was Embassadour in the Emperours Court he was faine there and with the Emperours Embassadour to defend and maintaine by Commandment in a case of Jewels That the Kings of this Realme were not above the Order of their Laws and therefore the Jeweller although he had the kings Bill signed yet it would not be allowed in the Kings Court because it was not obtained according to the Law and generally granted by all our own English Writers is copiously asserted and professedly averred by Aristotle Polit. l. 3. c. 11. 13. Marius Salomonius de Principatii in sixe speciall Books to this purpose by Justus Eccardus de Lege Regia Thomas Garzonius Emporii Emporiorum Pars 1. Discursus 1. de Dominiis sect 6. p. 9 10. Joannis Carnotensis Episc lib. 4. Policrat c. 1. Bochellus Decreta Eccles Gal. l. 5. Tit. 1. Cap. 6. 15 16. Haenon Disput Polit. p. 428. to 442. Fenestella de Magistratu p. 149. Ioannis Mariana de Rege Regis Instit l. 1. c 9. an excellent discourse to this purpose Petrus Rebuffus Praefat. ad Rubr. de Collationibus p. 583 584. Sebastianus Foxius de Rege c. part 1. p. 108 109 part 2. 192 c. Buckanon de Iure Regni apud Scotos passim Iunius Brutus Vindiciae contra Tyrannos quaest 3. p. 116. to 139. an accurate discouse to this effect Grimalius de Optimo Senatore p. 33. 201 205. Vasquius contr Illustr 16. n. 15. 19. 21. 17. n. 1. â—3 20. n. 3. 44. n. 3. 73. n. 12. 13 15. 72. n. 7. and elswhere De Iure Magistratus in subditos passim Polanus in Ezech. p. 824. 854. Pareus in Rom. 13. p. 138. Francis Hotomani Franco Gallia c. 6. to the end of Cap. 20. Sparsim Governado Christiano p. 108. Cunaeus de Republ. Hebr. l. 1. c. 1. 14. Schickardus Ius Regium Hebrae p. 54. Hugo Grotius de Iure Belli l. 1. c. 4. f. 7. l. 2. c. 14. and elsewhere thorowout his second Book with infinite others of all sorts This all good Emperours and Kings in all ages have professed as these Authors prove Thus the good Emperour Trajan practised and professed That the Prince was not above the Laws Hence Apollonius Thyanaeus writing to the Emperor Domitian saith These things have I spoken concerning Lawes which if thou shalt not think to reignover thee then thy self shalt not reign Hence Autiochus the third King of Asia is commended that he writ to all the Cities of his Kingdom if there should be any thing in his Letters he should write which should seem contrary to the Laws they should not obey them And Anastatius the Emperour
26. Ioannis Mariana Hist. l. 10 c. 16. l. 27. c. 11 l. 35. c 16. Albericus Gentilis de Iure Belli l. 3. c. 15. Cuiacius c 33. de Iure Iurando Decius Cons 564. 689. Cephalus Concil 618. Alciatus l. 3. de v. s l. 15. C. de pact Baldus Proaem Digest and by Iunius Brutus Vindicia contra Tyrannos qu. 3. p. 136. to 256. who handles this question professedly Whether that the King be the proprietory Lord of the publike Royall Patrimany of his Kingdom or the Vsufractuary of it determining cleerly that he is not I shall transcribe the most of his Dicourse This Head we must handle a little more accurately This is first to be observed that the Patrimony of the Exchequer is one thing of the Prince another thing I say the things of the Emperour King Prince are one thing the things of Antonine Henry Philip another The things of the King are those which he as king possesseth the things of Antonine those which he hath as Antonine and those verily he received from the people the other from his Parents This distinction is frequent in the Civill Law wherein the patrimonie of the Empire is said to be one thing of Caesar another the Exchequer of Caesar one thing the Treasury of the Republike another the Treasurer of Caesar one person of the Emperiall Exchequer another the Courts of sacred donations others from those of private things so that he who as Emperour is preferred before a private man in a pledge may sometimes be placed after him as Antonine Likewise in the German Empire things of Marimilian of Austria are one kinde of things of Maximilian the Emperour another the Treasurers of the Empire others and of himself other from them Likewise by another Law the hereditary possession of Princes are different from those which are annexed to the dignities of the Electorship Yea even among the Turks the Patrimoniall Grounds or Gardens of Selymus are one thing the fiscall Ground another and those verily are spent on the Princes Table these onely in sustentation of the Empire Yet there are Kingdoms as the French English and the like wherein Kings have no private Patrimonie but onely the Republike received from the people in which therefore this distinction is not used Now as for the private goods of Princes if there be any there is no doubt but they are the proprietors of them no otherwise then private Citizens and by the civill Law they may sell and divide them at their pleasure But verily of the Exchequer Kingdom Royall Patrimony which is usually called Demesnes they can with no reason be called the proprietory Lords For what whether because one hath made thee a Shepheard for his Flocks sake hath he delivered it thee to fley divide doe with it and strike it at thy pleasure whether because the people have constituted thee a Captain or Judge of some Citie or County have they given thee power of alienating selling destroying that Citie or County And surely there is made an alienation of the people together with the Region or Countie have they therefore given thee authority of severing prostituting enslaving them to whom thou wilt Furthermore is the Royall dignitie a possession or rather a function If a function what community hath it with a propriety If a possession whether not at least such an one that the same people by whom it is delivered may perpetually retain the propriety to it self Finally if the patrimonie of the Eschequer or demaines of the Republike be truely called a Dower and truely such a Dower by whose alienation or delapidation both the Republike it self and Kingdom and king himself finally perisheth by what law at last shall it be lawfull to alienate this Dower Therefore let Wenceslaus the Emperour be infatuated let Charles the sixth king of France be distracted and give or sell the kingdom or a part thereof to the English let Malchom king of Scotland prodigally spend the Crown land and royall Treasure what will follow Those who have chosen a king against the invasions of Forraigners by the folly or madnesse of the king shall be made the servants of Forraigners those who by this means would severally desire to secure their Estates shall all of them together be exposed to a prey those things which every one shall take from himself or from his pupils as in Scotland that he mightendow the Commonwealth some Bawd shall riotously consume But if as we have already often said kings be created for the peoples use what use at all shall there be if not onely the use but even the abuse be granted To whose good are so many evils to whose benefit so many losses so many perils If I say whiles I desire to look after my liberty or safetie I make my selfe a slave I expose my selfe to the lust of one man I put my self into Fetters and Stocks Therefore we see this Law as it is infused by nature so likewise it is approved by use almost among all Nations that it is not lawfull for the king to diminish the Commonwealth at his pleasure and he who doth contrary is censured to play not the king but Tyrant Certainly where kings were created there was a necessity to give them some Revenues by which they might both support their Royall State but most principally sustain the Royall burthens for so both honesty and profit seemed to require It pertained to the Royall Office to see Judges placed every where who should not take gifts and who should not prostitute the Law to sale Moreover to provide a force ready at hand which should assist the Law when ever there should be need to preserve the wayes safe Commerce safe c. but if warre were feared to sortifie Cities with a Garrison to inviron them with a Trench against enemies to maintain an Army to furnish Armories Now this is a know proverb that peace cannot consist without warre nor war without souldiers nor souldiers without wages nor wages without tribute Therefore to sustaine the burthens of Peace the demesne was instituted which among the Lawyers is called Canon to defray the charges of warre tribute yet so as if some more heavy charge should accrue an extraordinary ayde given by Parliament should supply the end of all which verily is the good of the Commonwealth so as he that converts it to his private use is plainly unworthy the name of a king For a Prince saith Paul is the Minister of God for the peoples good and Tributes and Customes are paid to him that he may continually attend thereto And truely heretofore almost all Customs of the Romanes seem to have had this Originall that the precious Merchandize used to be brought out of India Arabia Aethiopia might be secured against piraticall invasions for which cause a Navie was furnished of which kinde was the tribute of the Red-sea Pedatica Navigia Portoria and the rest that the publike wayes which were therefore
justice preserve the Empire protect Widowes Orphans and all worthy of pitty which when he hath solemnly sworn to perform before the Altar the Princes and those who represent the Empire are demanded whether they will promise to fealty him Neither yet is he first annointed or receives a sword of purpose to defend the Republike or other Ensignes of the Empire before that he shall have taken that Oath From whence verily it is manifest that the Emperour is purely obliged the Princes of the Empire upon condition onely No man will doubt but that the same is observed in the kingdom of Poland who shall understand the ceremonies very lately observed in the Election and Coronation of Henry of Angiers especially the condition propounded to him of conserving both Religions as well the Evangelicall as Roman which the Nobles thrice demanding of him in set forme of words he thrice promised to perform In the Hungarian Bohemian and other kingdomes which would be over-long to recite the very same is done Neither onely where the right of Election hath continued yet entire hitherto but likewise where meer succession is commonly thought to take place the very same stipulation is wont to intervene When the King of France is crowned the Bishops of Laudune and Belvace ecclesiasticall Peers first demand of all the people that are present Whether they desire and command him to be King Whence even in the very forme it self of inauguration he is said To be elected by the People When the people Seem to have consented he sweares That he will universally defend all the Lawes Priviledges and Rights of France that he will not alienate his demesnes and the like I shall here insert the Oath out of Bochellus Mr. Selden and others intirely thus Archiepiscopi Ammonitio ad Regem dicendo ita in the name of all the Clergy A vobis perdonari petimus ut vnicuique de Nobis Ecclesiis nobis Commissis Canonicum privilegium debitam legem atque justitiam conservatis defensionem exhibeatis sicut Rex in Regno suo debet unicuique Episcopo Ecclesiae sibi Commissae Responsio Regis ad Episcopos Promitto vobis perdono quia vnicuique de vobis Ecclesiis vobis commissis Canonicum privilegium debitam legem atque justitiam conservabo defensionem quantum potuero exhibebo Domino adjuanente sicut Rex in suo Regno unicuique Episcopo ecclesiae sibi commissae per rectum exhibere debet Item haec dicit Rex promittit firmat juramento Haec populo Christiano mihi subdito in Christi nomine promitto In primis Vt Ecclesiae Dei omnis Populus Christianus veram pacem nostro arbitrio in omni tempore servet superioritatem jura Nobilitates Coronae Franciae inviolabiliter custodiam ET ILLA NEC TRANSPORTABO NEC ALIENABO Item ut omnes repacitates omnes iniquitates omnibus gradibus interdicam Item ut in omnibus judiciis aequitatem misericordiam praeoipiam ut mihi vobis indulgeat per suam misericordiam clemens misericors Dominus Item de terra mea ac jurisdictione mihi subdita universos Haereticos Ecclesia denotatos pro viribus bona fide exterminare studebo Haec omnia praedicta firmo juramento Tum manum apponat Libro librum osculetur These things though they have been altered and are farre different from the ancient forme of the Oath which is extant in the Library of the Chapter of Belvace to which Philip the first is found to have sworn yet notwithstanding they are plainly enough expressed Neither is the King girt with a sword annointed crowned by the Peeres who even themselves are adorned with Coronets or receives the Scepter or rod of Iustice or is proclaimed King before THE PEOPLE HAVE COMMANDED IT Neither doe the Peeres themselves swear fealty and homage to him untill he shall have given his faith unto them That he will exactly keep the Lawes Now those are that hee shall noâ— wâ—ste the publike Patrimony that he shall not impose nor enjoyn customes Taxes Tributes at his owne pleasure Nor denounce warre or make peace Finally that he shall determine nothing concerning the publike affaires but in a publike Councell Also that the Senate the Parliaments the Officers of the Kingdome shall constantly enjoy their severall authorities and other things which have been alwayes observed in the Realm of France Yea verily when he enters into any Province or City hee is bound to confirm their priviledges and he binds himselfe by Oath to preserve their Lawes and Customes Which custome takes place by name among those of Tholouse Dolphenie Britanny Province and Rochel whose agreements with Kings are most expresse all which should be frustrate unlesse they should be thought to hold the place of a condition in the contract Yea Charles the 7. made a peace with Philip Duke of Burgundy whose Father Iohn he had treacherously slain with this expresse clause contained in it confirmed with the Kings own Seale That if he should break this Agreement his Tenants feudataries and subjects present and to come should not be thenceforth bound either to obey or serve him but rather the Duke of Burgundy and his Successours and that they should be freed and absolved from all the fealty Oathes promises obligations and duties whatsoever under which they were unjustly obliged by Charles The like we read between King Lewis and Charles the Bald. Yea Pope Iohn the 22. in the Treaty between Philip the long of France and the Flemmings caused it to be set downe That if the King did infringe the Treaty it might be lawfull for his Subjects to take Armes against him And if was usuall among the first Kings of France in their Treatises with other Princes to sweare that if they brake the Treaties made by them their Subjects shall be free from their obedience as in the Treaty of Arras and others The Oath of the ancient kings of Burgundy is extant in these words I will conserve Law justice and protection to all men In England Scotland Sweden Donmarke there is almost the same custome as in France and verily no where more directly then in Spain For in the Kingdome of Arragon many ceremonies being dispatched between him who represents the justice of Arragon or publike Majesty who sits in an higher Throne and having read the Lawes and conditions which he is to observe who is to be crowned King Who doth fealty and homage to him the Nobles at last speake thus to the King in their owne language We who are as powerfull as you for so the Spanish Idiom imports and can doe more then you have chosen you King upon these and these conditions Betwéen you and us there reignes one greater then you to wit the Iustice of Aâ—ragon Now lest he should think he had sworn those things onely perfunctorily or onely for to observe the old custome these very words are wont to