frequently disposed of the Crowne of that Kingdome determined the controversies of the right and titles pretended to it and elected Protectors or Regents of the Realme during their Kings minorities or distractions of which I shall cite divers precedents in the Appendix to which I shall referre you Nor yet to trouble you with Spanish Precedents of this nature where the severall claimes and titles of the pretenders to the Crownes have beene oft referred to debated in and finally resolved by their Parliaments and generall assemblies of the States the proper Iudges of such controversies as Ioannes Mariana Euardus Nonius and other Spanish writers determined as Philip the second the 18. King of Portugall his title to that Crowne and his competitors together with the rights and claimes of Alfonso the 1. 3. 5. Iohn the 1. Emanuel and other Kings of Portugall and their Corivals were solemnly debated and determined in the assembly of the States of that Realme and of divers Kings and Queenes of Arragon Castile Navarre A pregnant argument that their assemblies of States are the soveraigne Tribunall since they have power and right to determine and settle the descent right and succession of the Crowne betweene those who pretend titles thereunto I shall confine my selfe to domesticke precedents Not to repeate the forementioned precedents how the Lords and commons when the Title to the Crowne hath been in dispute have transferred it from the rightfull Heires to others I shall give you some other pregnant evidences where the Parliament hath finally determined the Title to the Crowne when it hath beene in competition and setled it in a legall manner to avoid debates by way of Appeale to them by competitors or reference from the Kings themselves as the onely proper Judges of such a superlative controversie Not to mention any stories of our British Kings to this purpose where the Kingdome Lords and Commons then disposed of the Crowne in cases of minority want of Heires misgovernment and controversies about the Title to the Crowne Canutus after the death of King Edmund Anno 1017. clayming the whole Realme against Edmunds Brethren and Sonnes referred his Title upon the agreement made betweene Edmund and him for this purpose to the Parliament who resolved for Canutus Title and thereupon tooke an Oath of fealty to him Offering to defend his right with their swords against all others claimes After his decease the Title to the Crowne being controverted betweene Hardicanute the right Heire and Harold his elder but base Brother it was referred to a Parliament at Oxford who gave their voyces to Harold there present and presently proclaymed and consecrated him King Anno 1036. After whose death the States of England sent and adjudged the Crowne to Hardicanute then in Denmarke He dying Edward the Confessor by a generall consent of the Nobles Clergy and People who presently upon Harold◠death enacted by Parliament That none of the Danish blood should any more Reigne over them was elected King and declared right Heire to the Crowne Anno 1126. King Henry the first having no issue male but onely one Daughter Maude to succeed him summoned a Parliament in the presence of himselfe and David King of Scotland wherein the Crowne was setled upon Maude after his decease being of the ancient Royall English blood whereupon Stephen his Sisters Sonne and all the Nobles presently swore fealty to her As much as in them lay after King Henries death if hee died without issue male to establish her Queene of the Monarchy of great Britaine But Stephen after his decease usurped the Crowne against his Oath By the unanimous consent and election of the Lords and Commons And after seventeene yeares civill wars to the devastation of the Realme King Stephen and Henry the Sonne of Maude came to a Treaty at Wallingford where by the advise of the Lords they made this accord That Stephen if he would should peaceably hold the kingdome during his life and that Henry should be his adopted Sonne and Successor enjoy the Crowne as right Heire to it after his death and that the King and all the Bishops and Nobles should sweare that Henry after the Kings death if he survived him should possesse the Kingdome without any contradiction Which done the civill warres ceased and a blessed peace ensued and then comming to Oxford in a Parliament all the Nobles did fealty to Henry who was made chiefe Justiciar of England and determined all the affaires of the kingdome In the 8. and 25. of E. 3. there was a doubt moved in Parliament whether the children of the King or others borne beyond the Seas within his Allegiance should inherit lands in England The King to cleare all doubts and ambiguities in this case and to have the Law herein reduced to certainty charged the Prelates Earles Barons and other wise men of his Councell assembled in Parliament in the 25. yeare of his Raigne to deliberate of this point who with one assent resolved That the Law of the Realme of England is and alwayes hath beene such that the children of the Kings of England in whatsoever parts they be borne in England or elsewhere be able and owe to beare inheritance after the death of their Ancestors Which when they had declared the King Lords and Commons by a speciall Act did approve and affirme this Law for ever the onely Act passed in that Parliament And in a Parliament 1◠E. 3. this Kings eldest sonne was created Duke of Cornewall by Parliament which then also entailed the Dutchy of Cornewall upon the eldest sonnes 〈…〉 of England So 21. R. 2. c. 9. the Principality of Chester 〈…〉 on the Prince by Act of Parliament King Henry the 〈…〉 the inheritance of the Crownes and 〈…〉 his posterity caused them by a speciall 〈…〉 his raigne to be entailed and setled on 〈…〉 and Prince Henry his eldest sonne to be established 〈…〉 heire apparant to him and to succeed him in the said 〈◊〉 and Realmes to have them with their appurtenances after the Kings death to him and the heire◠of his body begotten And if hee should die without heire of his body begotten 〈…〉 remaine to the Lord Thomas the Kings second sonne with successive remainders to Lord John the third and Lord Humfry the Kings fourth sonne and the heires of their bodies begotten After which Act passed for the avoyding of all claimes titles and ambiguities to be made unto the Crowne he thought never by any of his Subjects to be molested or troubled the rather because in this Parliament it was first concluded that deposed King Richard should continue in a large prison and be plenteously served of all things necessary both for viande and apparell and if any persons should presume to reare warre or congregate a multitude to deliver him out of prison that then he should be the first that should die for that seditious commotion Which King Richard as Sir Iohn Bagot
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. corluding 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 Realmâ— 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 amendnent 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 intollerable 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 will 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 hereâ—ically affirme That even the Pope alone either with or without a Councâ—ll for heresie as they deem it and obstinacy against the See of Rome may excommunicate censure despose 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 Anâ—cestors and aiming at nothing but their Kingdomes saâ—ety are like to be more just indifferent Iudges of their Princes actions 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 Doctrine approved by themselves professed by their eminentest Wriâ—ers I shall now procced 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 notwithstanding he commanded them to be apprehended imprisoned and slâ—in for whâ—ch bloody Treachery those of Castile rebelled against him rejecting his government and providing for the â—afety of them and theirs Duos Milites non de potentioribus sed de prudentioribus eligerunt quos Indices 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 was named Flâ—vius Calvus the other Nunius surnamed de Rasura whose Son Gâ—ndesalvus 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 quam AB VNIVERSIS POPVLIS CASTE LANIS 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 treachery Alphonso the great King of Gallecia about the yeere of Christ 918. imprisoning his eldest sonne Garsias laying him in irons and exercising other cruelâ—ies 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 resigâ— his Crown to his sonne Garcias and to deprive him â—elfe of his gâ—uernment in the presence of his sons and the grandees of his Realm after which he requested his sonne to râ—ise and grant him an Army to goe against the Sâ—razens who condescending thereto hee gained a glorious Victory ouâ—r them and so dyed Alphonso sonne of Ordâ—gno 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 â—egan to â—aise forces and to aspire to the Crown again which he
father was the cause of his râ—jâ—ection being then also very young whereby it appears that the right of succession was not in those dayes practised in Spain Sillo his brother-in-Law succeeded him after whose death by generall consent the kingdom was given to Alphonsâ— 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 reigâ— 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 1071 Garcia king in Gallicia growing a tyrant spoiled and ill intreated his Subjects 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 harted entred his Realm with a great Army who thereupon being deserted generally by his people sled 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 Ferdinaâ—d king of Spain in the Emperors Name That against the Custom of his Ancestors and prescript of Laws he did with incredible aâ—rogancy 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 Chrâ—stendom could not well subsist and the Popâ—s Authority would likewise be impaired unlesse all Christian kingdoms were united and knit to gether 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 Republikâ—s safety then indangered Bâ—t 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 Legaâ—s to Ferdinand in his own and the Councils name to satisfie the Emperors demands fourthwirth under pain of present excommunicaâ—ion 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 weâ—knesse and destraction and the Kings desires of peace inclined most to their opinion But â—ome heroick spirits thought that a most grievous yoke should thereby be laid on the liberty of Spain Which being once admitted on their â—ecks 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 a 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 bus 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 anew 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 Ancessors 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 spirits 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 infamey 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 it 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 Counâ—rey so far shall I be a friend unto him or a deadly enemy This opinion of Roderic prevailed in
concluded to crave ayd from all Christian Princes and a Crossado from the Pope against the Moores and made divers Lawes to restrain the superfluities of the Realm in feasts apparell and other things Iames the 8. King of Arragon being young at the time of his Fathers death it was thereupon after ordained in the assemblies of the Estates of Mencon and Lirida that Don Sancho Earl of Roussilon should govern the Realm during the Kings minority but they gave him limitation The Kings person they recommended to Frier William of Moncedon Mr. of the Templers After which An. 1220. this yong kings Vncles seeking to wrest the Realme from him instead of governing it by the fidelity of the Estates and their authority his interest was preserved and three Governours with a superintendent of his Provinces were appointed by them and to prevent the continuall practises of the Earles of Roussillon and Fernand the king Uncles the states and justice of Arragon declared the King of full age when he was but ten yeeres old and caused the Earle of Roussillon to quit the Regencie the authority of the justice of Arragon being then great for the defence of the publike liberty An. 1214. Asphonso the Noble king of Castile dying his sonne Henry being but 11. yeer old the Prelates Nobles and Commons assembled at Burgon having declared him king and taken the oath made Queen Eleonorahis Mother Governesse of his Person and Realms after whose death the custody of him was committed to the hands of the Lords of Lara This king afterwards playing with other yong children of Noble Housâ—s at Palenca in the Bishops Palace one of them cast a tyle from the top of a Tower which falling on the covering of an house heat down another tyle which fell on the young kings head wherewith he was so grievously hurt that hee dyed the eleventh day after An. 1217 yet this his casuall death for ought I finde was neither râ—puted Felony nor Treason in the child that was the cause of it After whose death Fernand the 3. was procâ—aimed and made King by the States of Castile to prevent the pretentions of the French after which his Mother Queen Berenguela in the presence of the Estates renouncing all her right to the Crown resigned it up tâ— her sonne Fernand About this time the Moorâ—s in Spain rejected the Miralumims of Aâ—rick and created them severall Kings and Kingdomes in Spain being never more united under one Crown after this division which they thought it lawfull for them to make An. 1228. the Estates of Arragon assembling at Barcelona they consenting and requiring it according to the custome of the Arragonians and Cattelans these Estates having authority to make Warre and Peace and Leagues awarre was resolved against the King of the Moores and Majorkins Anno 1231. the Realm of Navarre being very ill governed by reason their King Sancho retired to his chamber did not speak with any man but his Houshold servants and would not heare of any publike affaires thereupon the State began to think of electing a Regent to govern the Realm during his retirednesse to prevent which Sancho made an unjust accord with the king of Navarre and confederated with Iames King of Arragon by the assents of the states of the Realm to leave his Kingdome to him if he survived him yet after his death Thibault Earle of Champaigne was by the states of Navarre elected and proclaimed King And anno 1236. The Estates of Arragon and Cateloigne assembled at Moncon for the continuance of the warre with the Moores and conquest of Valentia without whom it was not lawfull for the King to undertake any matter of importance For maintenance of this warre a custome called Marebetine and an exaction of impost for cattell was by the Estates imposed on the People it was likewise decreed that all peeces of Gold and silver coyned should be of one goodnesse and weight to the observation of which Edict for coynes all were bound to sweare that were above 18. yeers of age Anno 1236. Iames King of Arragon revealing to his Confessor the Bishop of Girone that before his marriage with Queen Yolant he had passed a matrimoniall promise to Theresa of Bidame she sued him thereupon before the Pope who gave sentence against her for want of sufficient witnesse notwithstanding his Confessors testimony The King hereupon grew so angry with the Bishop for revealing his secrets that sending for him to his chamber he caused his tongue to be cut out For which out-rage committed on the Bishop though faulty the Pope in the Councell of Lions complained and in the end interdicted all the Realme of Arragon and excommunicated the king Hereupon to take off this interdiction and excommunication the king sent the Bishop of Valentia with his excuse and humiliation to the Pope wherewith he being some what pacified sent two Legates into Arragon who having assembled a Synod of Bishops at Lerida they caused the King to come thither and to confesse his fault upon his knees before these fathers with great submission and teares who gave him absolution upon condition he should cause the Monastery of Boneface to be built and endowed with an hundred and forty pounds of silver of annuall rent endow an Hospitall for the poore with foure hundred pounds silver per annum and give a Prebendary in the great Church of Gâ—rone for the maintenance of a Masse-priest About which time the Moors in Spain erected many new Kings and Kingdoms by mutuall consent and Mahumad Aben Alamar for his valour was by the Inhabitants of Mariona elected and made first King of Granado Anno 1243. all was in combustion in Portugall by the negllgence and basenesse of their king Don Sancho Capello who was wholly given to his wives humours hated of the Portugales and himselfe disliked for her sake for many Malefactors and insolent persons were supported by her who grew daily more audacious in their excesse without feare of Iustice which was trodden under foot for their respect For these considerations and her barrennesse too all the Noblemen of the kingdome desired to have the Queen called Mencia separated and sent out of Portugall for effecting whereof they made a great instance at Rome but neither exhortation admonition nor commandment nor censure could prevaile the king so doting on her that he would not leave her Which the Portugals perceiving some of them presumed to seize on her in the City of Coimbra and conducted her into GaÌ„llicia from whence she never more returned into Portugall Not content herewith they sought to depose the King from his Royall dignity too for his ill government and to advance his Brother Don Alphonso to the Regall Throne in his place whom the Estates assembled made Regent of Portugall leaving only the Title of King to his brother which fact of the Estates the Pope in the Councell of Lions authorized by his Apostolicke power with which the King being displeased abandoned his Realme and retired into
some sort lib. 3. cap. 9. f. 107. This Doctrine was so authenticke in those dayes and after times that in the great Councell of Basil. Anno 1431. when this mighty question was debated Whether a Pope were above a generall Councell or a Councell above him such a Councell was at last resolved to be above the Pope upon this reason among others The Pope is in the Church as a King is in his Kingdome and for a King to be of more authority then his Kingdome it were too absurd Ergo Neither ought the Pope to be above the Church In every well ordered Kingdome it ought specially to be desired that the whole Realme should be of more authority then the King which if it happened contrary were not to be called a Kingdome but a Tyranny And like as oftentimes Kings which doe wickedly governe the Common-wealth and expresse cruelty are deprived of their Kingdomes even so it is not to be doubted but that the Bishop of Rome may be deposed by the Church that is to say by the generall Councell At the beginning as Cicero in his Offices saith it is certaine there was a time when as the people lived without Kings But afterwards when Lands and Possessions beganne to be divided according to the custome of every Nation then were Kings ordained for no other causes but onely to execute justice for when at the beginning the common people were oppressed by rich and mighty men they ranne by and by to some good and vertuous man which shouâ—d defend the poore from injury and ordaine Lawes whereby the rich and poore might dweâ—l together But when as yet under the rule of Kings the poore were oftentimes oppressed Lawes were ordained and instituted the which should judge neither for hatred nor favour and give like eâ—re unto the poore as rich whereby we understand and know not only the people but also the King to be subject to the Law For if we do see a King to contemne and despise the Lawes violently rob and spoile his Subjects deflower Virgins dishonest Matrons and doe al things liâ—entiously and temerariously doe not the Nobles of the Kingdome assembâ—e together deposing him from his Kingdome set up another in his place which shall sweare to rule and governe uprightly and be obedient unto the Lawes Verily as reason doth perswade even so doth the use thereof also teach us It seemeth also agreeable unto reason that the same should be done in the Church that is in the Counceâ—l which is done in any Kingdome And so is this sufficiently apparent that the Pope is subject unto the Councell Thus the Bishop of Burgen Ambassadour of Spaine the Abbot of Scotland and Thomas de Corcellis a famous Divine reasoned in this Councell which voted with them Here we have a full resolution of this great Councell which the Papists call a generall one being approved by the Greeke and Romane Emperours and most Christian Kings and States and ours among others That the Kingdome in Parliament Assembled is above the King as a Generall Councell is paramount the Pope which they manifest by five reasons First because Kings were first created and instituted by their Kingdomes and people not their Kingdomes and people by them Secondly because they were ordained onely for their Kingdomes and peoples service and welfare not their Kingdomes and people for them Thirdly because their Kingdomes and people as they at first created so they still limit and confine their royall Jurisdiction by Laws to which they are and ought to be subject Fourthly because they oblige them by a solemne Oath to rule according and to be obedient unto the Lawes Fifthly because they have power to depose them in case they contemne the Lawes and violently rob and spoyle their Subjects This then being the Doctrine of Papists concerning the Power and Superiority of Parliaments Peeres and Kingdomes over their Kings they have least ground of all others to taxe this Parliament or its Advocates as guilty of Treason and usurpation upon the Crowne for a more moderate claime then this amounts to and the King or his ill Counsell no ground to expect more moderation and loyalty from Popish then Protestant Parliaments Secondly I answer that Popish Parliaments Peeres and Prelates have heretofore challenged and exercised a greater Jurisdiction over their Kings then this Parliament or any other since the embracing of the Protestant Religion ever claimed and doe in a great measure disclaime For first of all they have challenged and executed a just and legall power as they deemed it to depose their Kings for not governing according to Law for following and protecting evill Counsellours and Officers oppressing their Subjects and making warre against them This is evident not onely by the fore-mentioned passages of the Councell of Basil with infinite presidents in foraine Empires and Kingdomes which I pretermit but by sundry domesticke examples of which I shall give you a short touch Anno Dom. 454. King Vortigern when he had reigned sixe yeares space for his negligence and evill Government for which Vodine Arch-bishop of London told him he had endangered both his Soule and Crowne was deposed from his Crowne by his Subjects the Britaines generall consent imprisoned and his Sonne Vortimer chosen and crowned King in his stead After whose untimely death being poysoned by Rowena Vortigern was againe restored by them to the Crowne and at last for his notorious sinnes by the just revenging hand of God consumed to ashes by fire kindled by Auâ—elius and Vter as Heavens ministers to execute its wrath Sigebert King of the West-Saxons setting aside all Lawes and rules of true piety wallowing in all sensuall pleasures and using exactions and cruelties upon his Subjects and slaying the Earle Cumbra his most faithfull Counsellour for admonishing him lovingly of his vicious life the Peeres and Commons thereupon seeing their State and lives in danger and their Lawes thus violated assemblâ—d all together and provida omnium deliberatione rose up in Armes against him deposed and would acknowledge him no longer their Soveraigne whereupon flying into the Woods as his onely safeguard and there wandring in the day like a forlorne person and lodging in dens and caves by night he was slaine by Cumbra his Swin-herd in revenge of his Masters death and Kenwolfe made King in his stead Anno Dom. 756. Osred King of Northumberland for his ill government was expelled by his Subjects and deprived of all Kingly Authority Anno 789. So Ethelred the sonne of Mollo his next successor being revoked from exile and restored to the Crowne of which he was formerly deprived thereupon murthering divers of his Nobles and Subjects to secure his Crowne so farre offended his Subjects thereby that An. 794. they rose up in Armes against him and slew him at Cobre Thus An. 758. the people of the kingdome of Mercia rising up against Beornerd their King because â—e governed the people not by just Lawes but tyranny
assembled all together as well Nobles as ignoble and Offa most valiant young man being their Captaine they expelled him from the kingdome which done unanimi omnium consensu by the unanimous consent of all as well Clergy as People they Crowned Offa a King Ceolwulfe King of Mercia An. 820. after one yeares Reigne was for his misâ—â—vernment expulsed by his people abandoning his Crowne and Country for the â—afety of his life Edâ—â—yn King of Mercia and Northumberland for his Misgovernment Tyranny oppression following vaine base wicked Counsellors rejecting the advise of the Wisest and noblest person was by the unanimous consent of all his Subjects removed from all Kingly dignity and deposed in whose place Edgar was elected King An. 957. DEO DICTANTE annuente populo Not to mâ—ntion the story of Archigallo one of our ancient British Kings in times of Paganisme Who giving himselfe to all dissention and strise imagining causes against his Nobles to put them from their goods and dignities setting up ignoble persons in their places and plucking away by sinister wrongfull meanes from the rich their wealth and goods by which he enriched himselfe and impoverished his Subjects was for these his conditions murmured against by his Subjects who of one assent lastly tooke and deprived him of all Kingly honour and dignity when he had Reigned almost five yeares making his Brother Elidurus King of Britaine by one assent in the yeare of the world 4915. Who after five yeares good Reigne feigning himselfe sicke assembled the Barons of the Land and by his discreet words and bearing loving carriage Perswaded them to restore Archigallo to his former honour and regalty and thereupon assembling a Councell of his Britaines at Yorke caused such meanes to be made to the Commons that in conclusion he resigned his Crowne to Archigallo Who being thus restored to his Crowne by joynt consent of the people remembred well the evill life that before time he had led and the punishment hee had suffered for the same Wherefore for eschewing the like danger he changed all his old conditions and became a good and righteous man ministring to the people equity and justice and bare himselfe so nobly towards his Lords and Rulers that he was beloved and dread of all his Subjects and so continued during the terme of his naturall life Nor yet to remember Emerian another old British King who for misordering of his people was deposed by them in the sixth yeare of his reigne and Ydwallo promoted to the Kingdome who taught by Emerian his punishment behaved himselfe justly all the time of his reigne or any more such precedents before the Conquest We finde the Popish Barons Prelates and Commons disavowing King Iohn whom they had formerly elected King for making warre upon them and wasting burning and spoyling the Kingdome like an Enemy and electing Lewis of France for their King to whom they did homage and fealty There are none so ignorant but know that the Popish Prelates Lords and Commons in Parliament Anno 1327. deposed King Edward the second their naturall King for his misgovernment and following and protecting ill Counsellors inforcing him by way of complement to resigne his Crowne threatning else that they would never endure him nor any of his Children as their Soveraigne but disclaiming all homage and fealty would elect some other for King not of his bloud whom themselves should think most fit and able to defend the kingdome After which they elected and crowned his son Edward the third for their King That Anno 1399. King Richard the second for sundry misdemeanours objected against him in 32. Articles in Parliament and breach of his Coronation Oath was judicially deposed by a Popish Parliament by a definitive sentence of deposition given against him which you may read at large in our Historians and Henry the fourth elected and created King in his stead In both which depositions the Popish Prelates were chiefe actors Anno 1462. King Henry the sixth Queene Margaret and Prince Edward their Sonne were by a popish Parliament disinherited of their right to the Crowne and Edward the fourth made King after which King Henry was by another Parliament recrowned and re-established in his kingdome and Edward the fourth declared a Traytor and usurper of the Crowne And not long after Edward taking King Henry prisoner and causing him to be murdered in the Tower another Popish Parliament Anno 1472. abrogated King Henries Lawes and re-established King Edward All this have our Popish Parliaments Prelates Lords and Commons formerly done and that rightly and legally as they then supposed which farre transcends the highest straines of pretended incroachments on his Majesties royalties by the present Parliament Secondly our Popish Parliaments Peeres and Prelates have oft translated the Crown from the right heires setled it on others who had no lawful right or title to it electing and acknowledging them for their onely Soveraigne Lords in which actions the Popish Prelates and Clergy were commonly the Ring-leaders witnesse their electing and crowning of Edward who was illegitimate and putting by Ethelred the right heire after Edgars decease An. 975. Their electing and Crowning Canutus King a meere forrainer in opposition to Edmund the right heire to King Ethelred Anno 1016. Of Harold and Hardiknute both elected and crowned Kings successively without title Edmund and Alfred the right heires being dispossessed and the latter imprisoned aâ—d tortured to death Anno 1036. and 1040. yet after Hardiknutes decease Edward surnamed the Confessor was chosen King by consent of Parliament And the English Nobilities upon the death of King Harold enacted That none of the Danish bloud should any more reigne over them After this Kings death Edgar Etheling who had best title was rejected and Harold elected and crowned King so after William the Conquerors decease Anno 1087. Robert the elder brother was pretermitted and William Rufus the younger brother crowned and established in the Throne After whose death Henry the first his younger brother though not next heire was elected King by the Clergy Nobles and Commons who refused to admit of any King but with capitulations and caveats to their owne liking upon faire promises for reforming bad and rigorous Lawes remission of Taxes exacted on the Subjects and punishment of the chiefe causers of them and a solemne Oath to frame good Lawes and ratifie Saint Edwards Lawes all which he really performed So after the death of Richard the first Iohn Earle of Morton was established and crowned King and his Nephew Arthur the right heire disinherited And he dying his sonne Henry the third was elected and crowned and Lewis made King in his fathers life by the Barons removed The like we finde in the case of K. Henry 4. K. Edw. 4. and Richard the third made Kings by Acts of Parliament by our Popish Prelates and Nobles with the Commons consent upon unlawfull or doubtfull Titles by way of usurpation and the right
cognoscimus quod cum vestro consilio fuerit ordinatum ID AD BEATITUDINEM NOSTRI IMPERII ET AD NOSTRAM GLORIAM REDUNDARE Therefore doubtlesse he deemed the Senate the chiefe Legislators as knowing better than himselfe what conduced to the beatitude of the Empire and to his owne Imperiall honour and never dreamed of any negative voyce annexed to his Imperiality to deny such Acts as they once Voted for usefull publicke Lawes Fifthly It is cleare that all Acts which give any Subsidie Taxes Penalties or forfaitures to the King are made onely by the People in Parliament and not principally by the King since the King cannot be said in any propriety to give any thing to himselfe This is undenyable by the forme of penning all subsidie Bills granted by the Commons or Clergy Your Commons assembled in your High Court of Parliament c. humbly present your Majesty with the free and chearefull gift of two entire Subsidies which we humbly beseech your Majesty graciously to accept c. Your Majesties faithfull Subjects the Prelates and Clergie c. with one agreement and uniforme consent have given and granted and by these presents doe give and grant to your Highnesse c. foure intire Subsidies in manner and forme as followeth And by the Kings assent to these Bills Le Roy remercy ses Loaulz Subjects accept LOUR BENEVOLENCE c. the Commons having the sole power to grant or deny Subsidies and Taxes when they see cause and to limit the proportion of them the manner and time of paying them and to order how and by whom they shall be received and imployed as all Acts of this nature manifest If then they be the chiefe Law-makers in these Acts which lay any imposition upon the Subjects goods or restraint on his person then by like reason in all other penall publicke Lawes This is infallibly cleare by the Kings Coronation Oath who sweares That he will grant fulfill and defend ALL RIGHT FULL LAWES and CUSTOMES the which THE COMMONS OF THE REALME SHALL CHUSE and shall strengthen and maintaine them after his power If the Commons then are to chuse Lawes and the King by his Oath bound to grant strengthen maintaine and defend them when chosen by them then doubtlesse they are the chiefe Legislators not the King whence Fortescue c. 9. resolves That the People of England are ruled by such Lawes as themselves chuse or desire And that their Lawes are their owne not the Kings Seventhly all Acts of Parliament made in the Reignes of usurpers who have no Title to the Crowne nor right to assent to Lawes are firme and good in Law and shall binde the right heires to the Crowne as is evident by the Lawes made by King Iohn Henry the 4 5 6. reputed usurpers by Edward the 4. and Richard the 3. acknowledged an usurper whose Lawes are yet in force The reason is as is cleare by 1 E. 4. c. 6. because these Lawes and all other Judiciall Acts in Courts of Justice are the Acts of the Parliament and Courts themselves which are lawfull not of the usurping King who is unlawfull Therefore certainely the Legislative power is more in the Parliament thaâ—â— in the King if not wholly in it there being Lawes and kingdomes before Kings were Eightly There are good and binding Lawes in many Aristocraticall and Democraticall States as in Venice the Netherlands Geneva Florence Switzerland and other Republickes where there are no Kings at all Yea there were such obligatory Lawes in Bohemia Poland Sweden Spaine Hungary and other Realmes before they were erected into kingdomes which remained in full force and efficacy and still bound both King and People after they became kingdomes And the Romans Athenians Lacedemonians Lawes of old made under their Kings survived and continued in their vigour after their Kings were abandoned and the very forme of their states quite altered into an Aristocracy yea the Lawes made by the Roman Senate and People continued in force after their Emperours were erected and the very Lex Regia recorded by Salamonius which created limited and defined the very Prerogative Power and Authority of the Roman Emperours was made onely by the Senate and People who by that Law gave sometimes more Authority to one Emperour than to another and restrained the power of some Emperours more than others and subjecting them to some Lawes from which they exempted others and therefore doubtlesse were the supreamest Law-givers and the Soveraigne power above the Emperour as Marius Salamonius and Bodin prove at large And the Emperour Theodosius is not ashamed to professe as much in his Edict to Volusianus in these termes Digna vox Majestate regnantis LEGIBVS ALLIGATVM SE PRINCIPEM PROFITERI AD EO DE AVTHORITATE IVRIS NOSTRA PENDET AVTHORIT AS revera majus Imperio est summittere Legibus Pincipatum Etoraculo praesentis Edicti Quod NOBIS LICERE NON PATIMVR aliis indicamus If then Lawes may thus be made where there are no Kings by the peoples joynt consents alone If Lawes enacted in a State before by consent it be made a Kingdome remaine in force after it is erected into a kingdome and continue after it ceaseth to be a kingdom only by and for the people consenting to them as is evident by infinite examples and the people Parliament Senate have anciently made and may make Lawes even to binde their Kings and Soveraignes themselves in points of their Prerogative and power then doubtlesse they and not Kings are the chiefe Soveraigne Legislators and their Royall assents to Lawes are no wayes essentiall to the very being of Lawes but rather a complementall Ceremony Ninthly admit the King should dye without Heire no doubt the kingdome and Parliament have a just right either to alter the government or dispose of the Crown to what family they please as the constant practise of all kingdomes in such cases manifests and Bishop Bilson himselfe assureth us That all Nations once members of the Roman Empire when the right Heires failed were suffered to elect their Governours where they pleased as the Romans themselves might doe and no doubt they may make binding publike Lawes during the Inter-regnum as the kingdome and Estates of Aragon did during their Inter-regnums Yea if the King be an infant as Henry the 3 Henry the 6. Edward 3. 5. and Richard 2. with other our Kings were when the Crowne descended to them or non Compos Mentis or taken with a dead Palsie or Apoplexie or an Ideot by birth or Age or a Monke professed as some Kings have beene or absent in a Pilgrimage to Rome or a voyage to the Holy Land As the Lords and State Assembled at the New Temple after the death of King Henry the third during his Sonne King Edward the 1. his absence in the Holy Land Proclaimed him King swore fealty to him CAUSED A NEW SEALE TO BE MADE appointed â—it Officers
by these men for these be those which brought me into this lamentable plight and the misery thou seest me in A memorable strange speech of a distracted Prince And thus the Emperour Wenceslaus was likewise deposed by the Princes electors of the Empire For besotting himself so with pleasures c. as that he became altogether unfit for the government and a man unprofitable for the Empire and Christian Common-wealth and Rupert Count Palatine of Rhine and Duke of Bavaria was elected Emperour in his stead The like no doubt might be lawfully done here in England by the whole Kingdom and Parliament if any such cases of incurable folly or frenzy should befall any of our Kings who might then either create a Lord Protector to govern both King or Kingdom during such disabilities of Government in the King as Childricke for a time before his deposition was governed and over-ruled in all things by the Marshall of the Palace or else Crown the next Heir King if he be capable to Govern Yea in the time of our Saxon Kings when the right Heir was an Infant unable to govern the Crown usually descended to the next Heir of full age Hence Wibba King of Mercia deceasing Penda his son being an Infant the Crown descended to his Nephew Câ—orl of full age after whose death Penda being of ripe age inherited the Kingdom So King VVulfcher deceasing leaving his son Kenred within age his Brother Ethelred succeeded him who resigning his Crown and turning Monke after he had Reigned 30. yeers Kenred then of full age enjoyed the Crown So Ethelfred King of Northumberland dying Edelwald his Brother entred the Government and Reigned Aldulfe Ethelherds son being then a minor who enjoyed not the Crown till after Edelwalds death So Casseâ—elan succeeded Lud his Brother in the Kingdom of Britain Luds sons being too young and insufficient to Reign The like was very usuall in Scotland of which there are divers presidents in Grafton Hector Boetius and Buchanan which I pretermit All which particulars laid together are a most clear unanswerable demonstration that the Soveraignest power and Jurisdiction of all others resides in the whole Kingdom and Parliament not in the King himself since they may thus dispose of the very Crown it self and are the sole and onely supream Judges to determine all controversies all titles which concern it The King alone having no power to transfer it to any other without the Lords and Commons free consents as was resolved in the case of King Iohn who resigned and granted his Crown to the Pope without the Kingdoms consent and therefore the resignation and grant were adjudged void not onely by the French King and his Lords but by our own Parliament as you may read in 40. Ed. 3. Nu. 8. and in Doctor Crakenthorpe Of the Popes temporall Monarchy Cap. 2. p. 251. to 255. I shall conclude this point with the words of this memorable Record The Prelates Dukes Counts and Barons being in the white Chamber and the Commons in the Painted Chamber it was shewed unto them by the Chancellour how they had understood the cause of the Summons of Parliament in generall but the will of the King was that the causes should be shewed unto them in speciall telling them how the King had understood that the Pope by vertue of a Deed which he said that King John had made to the Pope to do him homage for the Kingdom of England and the land of Ireland and that by reason of the said homage that he ought to pay him every yeer perpetually one thousand Marks and that he purposeth to make out Processe against the King and his Realm for the said Service and Rent concerning which the King prayed the advice and counsell of the Prelates Dukes Earles and Barons and what he should do in case the Pope would proceed against him for this cause or against the said Realm And the Prelates prayed the King that they might thereupon advise alone by themselves and return their answer the next morning which Prelates by themselves the next morning and after the said Dukes Earls Barons and great men answered and said That the said King John NOR NO OTHER MIGHT PUT HIMSELF NOR HIS REALM NOR HIS PEOPLE IN SUCH SUBJECTION WITHOUT THE ASSENT AND ACCORD OF THEM And the Commons being advised and consulted with thereupon answered in the same manner Whereupon it was ordained and assented BY COMMON CONSENT in manner following In this present Parliament held at Westminster the Munday next after the Invention of holy Crosse in the yeer of the reign of King Edward the 40. as well to maintain the estates of holy Church as the rights of his Realm and his Crown it hath been shewed amongst other things how it hath been reported and said that the Pope by vertue of a Deed which he said that the said John late King of England had made to the Pope in perpetuity to do him homage for the realm of England and land of Ireland and by reason of the said homage to render to him an Annuall rent and hath purposed to make Processe against the King for to recover the said Services and rent The which thing being shewed to the Prelates Dukes Earls Barons and the Commons to have their advice and counsell thereupon and to demand of them what the King should do in case that the Pope should proceed or attempt any thing against him or his Realm for this cause Which Prelates Dukes Earles Barons and Commons having taken full deliberation thereupon answered and said OF ONE ACCORD That the said King John NOR NO OTHER MIGHT PUT THEMSELVES NOR HIS REALM NOR HIS PEOPLE IN SUCH SUBJECTION WITHOUT THEIR ASSENT And as it appears by many evidences that if it were done it was done WITHOUT THEIR ASSENT AND AGAINST HIS OATH IN HIS CORONATION And moreover that the Dukes Earls Barons great men and Commons accorded and granted That in case the Pope would endeavour or attempt any thing by Processe or any other act to constrain the King or his Subjects to perform what is said he will claim in this behalf That THEY WILL RESIST AND OPPOSE HIM WITH ALL THEIR MIGHT And before this in the great Councell of Lyons the Proxies and Procurator of the Church and realm of England in the name of the whole Realm complained and protested against this grant of King Iohn as a meer Nullity BECAUSE IT WAS MADE WITHOUT THE CONSENT OF THE REALM AND LORDS which neither did do nor ever after would consent thereto as I have elsewhere proved This being the common received opinion of all Civilians and Statists That no King or Emperour can alien or engage all or any part of his Kingdom to another without his Subjects generall consents and that such an alienation or Morgage is meerly void in Law to all intents as Albert. Gent. De jure Belli l. 3. r. 15. and Hugo Grotius proves at large De jure Belli
and Statutes of the Realme be by him defeated and frustrated at his will to the destruction of the King his Soveraignty Crowne and Regality and of all his Realme in defence whereof in all points they would live and dye Hence the Kings of England have alwayes setled entailed and disposed of the succession and Revenues of the Crowne by speciall Acts of Parliament and consent of the whole Realme because the whole kingdome hath an interest therein without whose concurring assent in Parliament they had no power to dispose thereof as the Statutes of 21 R. 2. c. 9. 7 H. 4. c. 2. 25 H. 8. c. 22. 26 H. 8. c. 13. 28 H. 8. c. 7. 35 H. 8. c. 1. 1 Mar. c. 1. and Parl. 2. c. 1 2. 1 Eliz. c. 3. 13 Eliz. c. 1. 1 Iac. c. 1. Hals Chron. f. 10. 15. 1 H. 4. p. 763. 928. to 932. Doniels hist. p. 122. 138 139. abundantly manifest and Cooke l. 8. the Princes case Upon which ground King Edward the sixt his devise of the Crowne of England to the Lady Iane by his last will in writing without an Act of Parliament contrary to the Statute of 35 H. 8. c. 1. was adjudged voyd though subscribed and sworne to by all the Lords of the privy Counsell and all the Iudges but one and Queene Iane with the Duke of Northumberland and others who proclaimed her as Queen of England by vertue of this devise were condemned and executed as Traytors Whereas auy private Subject may devise and settle his estate as he pleaseth without any speciall Act of Parliament to authorize him Hence in the Parliament Roll of 1 H. 6. Num. 18. The last Will and Testament of deceased Henry the fifth and the Legacies therein bequeathed of 40000. Markes in Goods Chattels Jewels Moneyes for Payment of the Kings debts are ratified by the Lords Commons and Protectors concurring assents by an Act of Parliament as being otherwise invalid to binde the King or Kingdome And Num. 40. Queene Katherines Dower of 40000. Scutes per Annum concluded on by Articles upon her Marriage and by a Parliament held the second of May in the 9. yeare of King Henry the fifth well approved authorized and accepted which Articles that King then swore unto and the three Estates of the Realme of England to wit the Prelates Nobles and Commons of England in that Parliament and every one of them for them their Heires and Successors promised well and truely to observe and fulfill for ever as much as to them and every of them appertained Was after her Husbands death upon her petition by a speciall patent made by this Infant King her Son WITH THE ASSENT OF THE LORDS SPIRITUALL and TEMPORALL and COMMONS OF ENGLAND IN THAT PRESENT PARLIAMENT ASSEMBLED assigned setled and confirmed out of the Crowne Lands therein specified else it had not beene binding to the Successor King or Realme the Crowne Lands being the Kings but onely in the Kingdomes right whence all our Queenes Dowers and Joyntures have usually been setled and confirmed in and by Parliaments wheras any other man may endow or make his Wife a good Joynture without the Parliaments assent or privity And in 2 E. 3. the Queene Dowagers great Ioynture which tooke up three parts of the Kings Revenues by common consent in a Parliament held at Nottingham was all taken from her because not duely setled by Parliament and too excessive to the Kings and kingdomes prejudice and she put to a pension of 1000. li. per annum during her life And by the Statute of 1 H. 6. c. 5. it is expressely resolved That King Henry the fifth could not alien or pledge the ancient Jewels or Goods of the Crowne to maintaine his Warres without a speciall Act of Parliament and if he did those to whom he pawned or sold them were still accomptable to the Crowne for them and the alienation voyd whence the carrying of the Jewels Treasure and Plate of the kingdome over Sea into Ireland without assent of the Nobility and Parliament was one of the Articles objected against Richard the second in Parliament when he was deposed the Jewels and Crowne Lands being not the Kings in right of property and interest but the kingdomes onely and so all alienations of them without the Parliaments consent voyd and usually resumed by the Parliament witnesse the notable Act of Resumption in 8 H. 6. and 31 H. 6. c. 7. of all the Kings grants of any Honours Castles Townes Villages Manors Lands Rents Reversions Annuities c. from the first yeare of his Reigne till then with divers other precedents of Resumptions in the Margin in King Stevens Rich. 1 2. Hen. 2 3 5. their Reignes These resolutions of our Common and Statute Law are seconded by many forraigne Civilians as Baldus in Proem de Feud n. 32. 33. Aretine in Rubric Lucas de Penna Cod. de omni agro deserto l. Quicunque f. 184 185. Albericus de Rosate Quodcunque praescrip bene a Zenone n. 4. f. 3. 1. 4. Boetius Epan Haeroic quest qu. 3. n. 43. qu. 5. n. 19. 27. 34. Didacus Cavaruvius Practic qu. c. 4. n. 1. Martinus Laudensis de Confaed Tract 1. qu. 13. Ioan. Andreas in cap. dilect de Maior Obed. Franciscus Vargas de Author Pontif Axiom 1. n. 2. Concilium Toletanum 8. Surius Concil Tom. 2. p. 865 866. with sundry others many of whose words you may reade in Doctor Crakenthorps defence of Constantine p. 169. to 175. who affirme That the Emperour or any other King cannot give away any Townes or Territories belonging to their Empire or Kingdomes contrary to their Oathes and Trusts they being the Kingdomes not theirs in right Whence they conclude Constantines pretended Donation of Rome and Italy to the Pope a meere Nullity And Francis the first King of France An. 1525. professed publikely to all the world That it was not in the power of a French King to bind himselfe to the alienation of any Lands Townes or Territories belonging to the Crowne without the consent of the generall Estates of France of his Soveraigne Courts and Officers in whose hands the Authority of the whole Realme remained And therefore â—e refused to consigne the Dutchy of Burgoyne to the Emperour Charles the fifth who had taken him prisoner in the Battle of Pavia or to release his right to any territories belonging to the Crowne of France though he had sworne to do it to procure his Liberty alledging that he had no power to do it without his kingdomes and Parliaments consents It is true our Law-bookes say That the King cannot be seised of Lands to any private Subjects use by way of feofment because it stands not with his honor to be any private mans feoffee because no Subpena lieth to force him to execute it he is a Corporation yet he may have the possession of lands in others right and for their uses as of Wards Ideots Lunaticks
the king or his invading Forces though they indeavour to subvert Religion Laws Liberties as the Doctor himself states the controversie whose arguments will hardly satisfie conscience being so voyd of reason â—ence yea science The eighth is this None of the Prophets in the old Testament reprehending the Kings of Israel and Iudah for their grosse Idolatry cruelty oppression did call upon the Elders of the people for the duty of resistance neither do we finde the people resisting or taking up Arms against any of their kings no not against Ahab or Manasseh upon any of these grounds Ergo resistance is unlawfull To which I must reply first That none of the Prophets did ever forbid resistance in such cases under pain of Damnation as our new Doctors do now Ergo it was lawfull because not prohibited Secondly that as none of the people werethen inhibited to resist so not dehorted from it therefore they might freely have done it had they had hearts and zeal to do it Thirdly Iosephus resolves expresly That by the very Law of God Deuter. 17. If the King did contrary to that Law multiply silver gold and horses to himself more then was fitting the Israelites might lawfully resist him and were bound to do it to preserve themselves from Tyrannie Therefore no doubt they might have lawfully resisted their Kings Idolatry cruelty oppressions Fourthly Hulderichus Zuinglius a famous Protestant Divine with others positively affirms That the Israelites might not onely lawfully resist but likewise depose their Kings for their wickednesses and Idolatries yea That all the people were justly punished by God because they removed not their flagitious idolatrous Kings and Princes out of their places which he proves by Ieâ—em 15. where after the four Plagues there recited the Prophet subjoynes the cause of them saying Verse 4. I will give them in fury to all the Kingdoms of the Earth that is I will stirre up in fury all the kings of the earth against them because of Manasseh the son of Hezekiah king of Iudah for that which he did in Ierusalem This Manasseh had committed many wickednesses by Idolatrie and the shedding of innocent blood as we may see in the one and twentieth Chapter of the second of the Kings for which evills the Lord grievously punished the people of Israel Manasseh shed over much innocent blood untill he had filled Ierusalem even to the mouth with his sins wherewith he made Iudah to sinne that it might do evill before the Lord Therefore because Manasseh King of Iudah did these most vile abominations above all that the Amorites had done before him and made the Land of Iudah to sin in his uncleanesse therefore thus saith the Lord God of Israel Behold I will bring evill upon Ierusalem and Iudah that whosever shall hear both his ears shall tingle c. In summe if the Iews had not thus permitted their King to be wicked WITHOVT PVNISMENT they had not been so grievously punished by God We ought to pull and cast away even our eye that offends so a hand and foot c. If the Israelites had thus DEPOSED Manasseh by consent and suffrages of all or the greatest part of the multitude they had not been so grievously punished of God So Zuinglius with whom even B. Bilson himself in some sort accords who in desending interpreting his opinion confesseth That it is a question among the Learned What Soveraigney the whole people of Israel had over their Kings confessing that the peoples rescuing Ionathan that he â—â—ed not when Saul would have put him to death Davids speech to the people when he purposed to reduce the Arke all the Congregations speech and carriage toward Rehoboam when they came to make him King with the peoples speech to Ieremy Thou shalt die the death have perswaded some and might lead Zuinglius to think that the people of Israel notwithstanding they called for a King yet RESERVED TO THEMSELVES SVFFICIENT AVTHORITY TO OVERRVLE THEIR KING IN THOSE THINGS WHICH SEEMED EXPEDIENT AND NEEDFVLL FOR THE PVBLIKE WELFARE else God would not punish the people for the kings iniquity which they must suffer and not redresse Which opinion if as Orthodox as these learned Divines and Iosephus averre it not onely quite ruines our Opposites Argument but their whole Treatises and cause at once But fiftly I answer that subiects not onely by command of Gods Prophets but of God himself and by his speciall approbation have taken up Arms against their Idolatrous Princes to ruine them and their Posterities A truth so apparent in Scripture that I wonder our purblinde Doctors discern it not For did not God himself notwithstanding his frequent conditionall promises to establish the Kingdom of Israel on David Solomon and their Posterity for Solomons grosse Idolatry occasioned by his Wives tell Solomon in expresse terms VVherefore for as much as this is done of thee and thou hast not kept my Covenant and my Statutes which I have commanded thee I will surely REND THE KINGDOM FROM THEE and will give it to thy servant Notwithstanding in thy dayes I will not do it for David thy fathers sake but I will rend it out of the hand of thy son Did not the Prophet Abijah in pursuance hereof rending Ieroboams garment into twelve pieces tell him Thus saith the Lord the God of Israel behold I will rend the Kingdom out of the hand of Solomon and will give ten tribes to thee And I will take the Kingdom out of his sons hand and will give it unto thee even ten Tribes and I will take thee and thou shalt reign according to all that thy soul desireth and shalt be King over Israel and I will for this afflict the Seed of David Yea did not ALL ISRAEL upon Solomons death when Rehoboam his son refused to grant their iust requests at their coming to Sechem to make him king use this speech to the king What Portion have we in David neither have we inheritance in the son of Iesse to your Tents ô Israel now see to thine own house David Whereupon they departed and fell away from the house of David everafter and made Iereboam King over all Israel And doth not the Text directly affirm Wherefore Rehoboam hearkned not unto the people for the cause was from the Lord that he might perform the saying which the Lord spake to Abijah unto Ieroboam the son of Nebat After which when Rehoboam raised a mighty Army to reduce the ten Tribes to obedience the Word of the Lord came to Shemaiah the man of God saying Speak unto Rehoboam and all the house of Iudah and Benjamin Thus SAITH THE LORD Ye shall not go up to fight against your brethren the children of Israel return every man to his house FOR THIS THING IS FROM ME They hearkned therefore to the word of the Lord and returned to depart according to the word of the Lord. Lo here a
ruine the Parliament Kingdom Religion and re-establish Popery in its universall extent with the large of 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 doubt 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 Duke the Kings Forts 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 enforâ—ement to over-power the Protestant party in the Kings Armies no understanding man can withouâ— 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 Capitall both by the Civil 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 tâ—is their cowardize Yea Lacaena and Dametria two magnanimous Women slew their timorous sonnes who fled basely from the battle with their own bands disclaiming them 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 punâ—shment farre worse then death it self writes Diodorus Siculus where as all other Lawyers made it Capitall yea our Common Law adjudgeth it Treason Witnesse the notable Cases of Gâ—mines 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 the enemy The Case of Iohn Walsh Esquire accused of high Treason in Parliament against the King and Kingdom for yeelding up the Castle of Cherburg in France to the enemy when as be 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 passing 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 the 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 Iulian 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 Iuliani quia pertinax indignatio quia dura vesanus furià ammimosus furore oblitus fidelitatis immemor religionis contemptor divinitatis crudelis in se homicida in vicinos reus in omnes Memoria ejus in omni ore amarescit nomen â—jus in â—â—ternum puâ—râ—scet 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
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 Kiâ—gs 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 unâ—ill 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 odible to his subjâ—cts percâ—iving 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 subiects that by the helpe of Guynemeus they deposed and chased him into Soysons and sending for Childericus againe restored and made him King after whose death his sonne Clodoviuâ— 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 Lâ—ds 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 himselfe 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 Subiects 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 brâ—ther to Theodericus King Ann. 669. who oppressing his subiects 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 Trespasse 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 Common-weale gave him battell and at last Hermefreditus slew him After which Pipin was made Master of the Palace in his place K. Dagobert the second dying without any Issue or knowne Heâ—re 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 taken 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 thâ—s 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 thingâ— and not do what they lifeâ— 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 abeast 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 poiâ—t of Policie 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 forecited 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 GAVDENâ—IBVS 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 joyous 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 câ—owned 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 wasted â—is Kingdomes Whereupon his Nobles and people assembled themselves in sundry companies and wâ—nt 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
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 â—o 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 friendâ— 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 Burgoine 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 pâ—essing the people with quoâ—idian taxes and â—allages and the spirituall men with dismes and other exactions he was at length discharged of that digniâ—ie 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 of 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 Lâ—wes the eleventh as 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 his chiefe Councellors villaines and men of low birth as Iohn de Lude Iohn Balâ—a Oliver Devill whosâ— name for odiousnesse he changed into Daman with others whom he promoted to great honours and places VVhereupon the Lords murmured and were so discontented that the Duke of Brittaine and others withdrew them from the king and refused to come unto his presence when he sent for them raising a great power And when no peace could be mediated betweene the king and them they met in a plaine battell at Chartres where many were slaine on both sides but the king lost the field After which an accord was made betweene them but the king continued his old courses delighting more in the company of lewd irreverent persons to eate and drink with them and to heare them talke of ribaldry and vicious fables then to accompany his Lords which might have won him much honour going liker a Serving man then a Prince and being a great oppressor of his subjects to maintaine hiâ— prodigality for lack of money he was driven of necessitie to aske a preste of the citizens of Paris who after many excuses which might not be allowed they lastly denyed the kings pleasure VVherewithall he being
had resigned wheâ—upon Ramir raised an Army against him and after 2. yeers warres took him prisoner put cut 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 iâ— right of Eleanor his wife and next Heire but the Portugals elected Iohn a bastard 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 Fâ—ier Iohn de Tâ—ixeraiâ— 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 Nonius Leo a Portugois Lawyer denyes and seemes to resute 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 Ferdâ—nand they put by Iohn and Ferdinand the â—onnes 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 Cotmbri resolved that although they were legitimate yet THEY COULD NOT OBTAIN THE SUCCESSION OF THAT KINGDOME quod se hostes alienos a Portugalia declarassent because â—HEY HAD THVS DECLARED THEMSELVES ENEMIES AND ALâ—ENS 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 thâ— 2. his Tide 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 Almâ—erin 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 câ—vill 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 censuâ—able 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 appearâ—s 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. 5â—5 Gundamir the 18. king An. 610. Suintilla the 20. king An 621. Tulâ—â— 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 himselfe 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 rioting 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 Suinâ—illa 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 4. 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 within their Dominions which was not a Catholike the which their kings should solemnly sweare before they were crowned and if any king should goe against that Law which he had thus sâ—orn he should be excommunicate and accursed in sight of the eternall God and made the fuell of eternall fire which Canon was made not only by the assent of this king his Bishops but likewise with the consent deliberation of his Nobles and great men In the 5. Councel of Toledo under this king it was decreed Câ—n. 2 3 4 5 6 7. That the kings children and faithfull servants after their deathâ— should not be deprived of the lands honours and just rewards by the succeeding kings which had been conferred on them in their lives That no man should aspire to the crowne liceâ—â—iously under pain of excommunication and a divine Anathema whom neither THE ELECTION OF ALL nor the Nobility of the Gothisn Nation had noâ— advanced to this top of honour That none should during the kings life endeavour or use meanes to succeed him after his death nor yet revile the Prince under paine of excomunication All which particulars were raâ—ified by new Canons in the 6. Councell of Toledo under this king Can. 14 15 15 17 18. with this addition That the king being dead none should usuâ—p the kingdome by tyrannicall presumption that none who had been shaven a Monke or dishonestly bald or descended from a servile stocke or a mâ—n of a forraign Naâ—ion unlesse
the Kings of Aragon intreated in those times by their subjects who entred into a Vnion between themselves resolving That for the common cause of liberty Non verbis solum SED ARMIS CONTENDERE LICERET that it was lawfull for them to contend not onely with words BVT WITH ARMS TO and determined in this assembly of the States A Comitijs intempestive discedere REGI NEFAS ESSE That it was unlawfull yea a grand offence for the king to depart unseasonably from his Parliament before it was determined Our present case Iames the second of Aragon being in Sicily at the death of King Alphâ—nso Don Pedro his brother assembled the Estates at Saragossa to consult left the State in his absence would receive some prejudice where James arriving having first 〈◊〉 and promised the observation of the Rights and Priviledges of the Countrie was received and crowned king About the year 1320 Iames by advice of his Estates held at Tarragone made a perpetuall Vnion of the Realms of Arragon and Valencia and the Principalâ—ty of Catelone the which from that time should not for any occasion he disunited In which assembly Don Iames eldest son to the Crown being ready to mary Leonora of Castile suddenly by a strange affection quitting both his wife and succession to the Realm of Arragon told his Father That he had made a â—ow neither to marry nor to reign so as notwithstanding all perswasions of the King and Noblemen he quit his Birth-right to his Brother Don Alphonso after the example of Esau discharged the Estates of the Oath they had made unto him and presently put on the habite of the Knights of Ierusalem Whereupon his second brother was by the Estates of Arragon acknowledged and sworn heir of these Kingdoms after the decease of his father At this time the Authority of the Iustice of Aragon was so great That it might both censure the King and the Estates and appoint them a place and admit them that did assist or reject them Ferdinand the fourth king of Castile being but a childe when his father Sancho died was in ward to his mother Queen Marry his Protectresse he had two competitors to the Crown Alphonso de la Cede and Don Iohn who making a strong confederacy were both crowned Kings against right by severall parts of his Realm which they shared between them The States assembled at Zamora granted great sums of money to Ferdinand to maintain the wars with his enemies and procure a dispensation of Legitimation and marriage from the Pope who would do nothing without great fees After which he summoning an assembly of the Estates at Mâ—dina they refused to meet without the expresse command of the Queen Mother who commanded them to assemble and promised to be present After this divers accords were made twixt him and his competitors and at last calling an assembly of the Estates to assist him in his warres against the Moors he soon after condemned two Knights called Peter and Iohn of Caravajal without any great proofs for a murther and caused them to be cast down headlong from the top of the Rock of Martos who professing their innocency at the execution they adjourned the king to appear at the Tribunall Seat of Almighty God within thirty dayes after to answer for their unjust deaths who thereupon fell sick and died leaving his son Alphonso the 12 very young for whose Regency therebeing great competition the inhabitants of Avila and their Bishop resolved not to give the possession and government of the Kings person to any one that was not appointed by the assembly of the Estates Whereupon the Estates assembling at Palence committed the government of his person to Q. Mary his Grandmother and Queen Constance his mother who dying another Assembly of the Estates was called at Burgos Anno 1314. who decreed that the Government of the King and Regencie of the Realme should be reduced all into one body betwixt Q Marry Don Pedro and Don Iohn and if any one of them should dye it should remain to the two other that did survive and to one if two dyed After this Anno 1315. these Tutors and Governours of the Realme of Castile were required by the Estates in an Assembly at Carrion to give caution for their government and to give an account what they had done Who often jarring and crossing one another divers Assemblies of Estates were oft called to accord them Anno 1320. The Estates assembling appointed new Governours of the King and Realme who discharging their trust very lewdely and oppressing the People Anno 1326. they were discharged of their Administration at a Parliament held at Vailledolet in which the king did sweare to observe the fundamentall Lawes of the Realme and to administer justice maintaining every one in his Estates goods and honour Which done the Deputies of the Estates swore him Fealty This King afterwards proving very cruell and tyrannicall his Nobles and Subjects of times successively took up defensive armes against him his Tyranny augmenting their obstinacy and procuring him still new troubles Whereupon at last discerning his errours he became more mild and often assembled the Estates in Parliament who gave him large Subsidies to maintain his warres against the Moores The Province of Alava had a custome to chuse a Lord under the Soveraignty of Castile who did govern and enjoy the revenues appointed by the Lords of the Countrey for the election of whom they were accustomed to assemble in the Field of Arriaga those of this Election being called Brethren and the Assembly of the Brotherhood Notwithstanding in the yeer 1332. the Brotherhood and Estates of this Province sent to K. Alphonso divers Articles which they beseeched him to confirme promising for their part that this should be their last Assembly and that the name and effect of their Brotherhood should remain for ever extinct and the Province be for ever united to the Crown of Castile if he would confirme those Articles to them being 17. in number which he did The chiefe were these That the King nor his Successors should not alien any place of his Demesnes That the Gentlemen and their goods should be free and exempt from all Subsidies as they had been heretofore That they and others of the Countrey should be governed according to the customes and rights of Soportilla And that divers Townes and Villages therein specified should be free from all Tributes and Impositions About the yeer 1309. Mahumet King of Granado becomming casually blind was soon after deposed by his own Brother and the great men of his Realme who were discontented and disliked to be governed by a blind King who could not lead them to the warres in pâ—rson Which Kingdome went by Election commonly as is evident by his three next successours and Mahumet the sixth King of Granado Anno 1307. Lewes Hutin was crowned King of Navarre at Pampelone where he sware to observe the Lawes and Rights of the Realme After which Anno 1315. Philip
and void of humane Society they are no more to be reputed Kings but Tyrants as Hotoman hence determines I have now given you somewhat 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 their 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 Iunius Brutus his Vindiciae Contra Tyrannos De jure Magistratus in â—ubditos and Francisci Hotomani his Franco-Gallia and Controvers Illust. for France â—oannis Mariana de Rege Regum Instit. l. 1. with his History of Spain Hieronimus Blanca Rerum Arragonensium Commentarius Ioannis de 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 â—istories 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 Kingdoms 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 oâ—hewise misdemeâ—â—ed themselves take this briefe Epitome Peter the second Christian King of Hungary growing very insolent Tyrannicall and lascivious ravishing maâ—ds matrâ—ns 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 fifâ— King of Hungary was twice deposed and thrust out of his Kingdom first by King Bela next by King Gysa eleâ—â—ed 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 warâ—e and â—ffusion of blood DEâ—REED 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-Bezinâ— 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 solâ—t us tell the King Because he both 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 wâ— say they will returne unto Hungary and chuse another King Whereupon By the Command of the Princes the Heraulds proclaâ—med 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 Ierusalem his Queene Elizabeth in the meane time delivered the Wife of Banchâ—u a Nobleman being very beautifull to her brother who doated on her to be abused which Bauchan hearing of sâ—ew 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 1290. 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 Chaâ—rles 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 if 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 Hornach governour of Croatiaâ— 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 kindâ—ed and children thereupon conspired against King Sigismond tooke and detained him prisoner Anno. 1401. till they should proceeds 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 â—laine 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 Honne 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 Treaties 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 Stranskins in his Respublica Boâ—emiae c. 5. 12. informes us out of the Fundamentall Lawes of Bohemiae 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 himselfe 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 claâ—se 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 wâ—at shall be just and bâ—neficall 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 revenueâ— 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 Burgrâ—ve 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 Bohemiâ— 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 Catholiok men and observe it in just workes He answering I will He proccedes and saith With thou Governe and defend the Kingdome granted thee from God according to the Iustice of thy Fathers He answeres I will and by Gods Assistance promise that I will doe and performed it by all meanes After this kneeling on his knees the Arch-bishop holding the New Testament open and the Burgrave reading the words first the king takes this Oath in the Bohemian tongue We sweare to God the mother of God and all Saints upon this holy Gospell that we will and ought to keepe immovably to the Barons Knights and Nobles also to those of Prague and the other Cities and to all the Commâ—nalty of the Realme of Bohemia the Institutions Lawes Priviledges Exemptions Liberties and Rights and also the ancient good and laudable customes of the Realme and not to alienate or morgage any thing from the same Kingdome of Bohemia but rather to our power to augment and enlarge it and to â—oe all things which may be good and honourable to that Kingdome So helpe me God touching the booke with two of the fingers of his right hand and all Saints The Kings of Navarre take the like Oath How this Realme hath beene altered from a Principality to a Dukedome and from it againe to a Kingdome having sometimes Kings sometimes Dukes both elected by the free choyse of the Estates to whom they were inferiour in Soveraigne power accountable for their â—â—is-government and removeable from their Throne you may read in the marginall Authors Not to mention the Bohemians deposition of Libussa a Noble Virago who governed then for a season reputing it a dishonour to the Nation to be ruled by a woman and electing Przemysâ—â—s for their Prince
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 goods 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 reâ—used 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 Holmâ— 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 escapes thence privily and comes into Swethland â—iâ—gâ—ised raiseth an Army to revenge this butchery delivers his Country from this Tyrant and for 〈◊〉 noble service was by their unanimous vote elected and crowned 〈…〉 of Sweden in his stead the Swedes in a publike Declaration manifesting then 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 dâ—spossessed 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 misâ—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 Iohn 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 the crowned King by generall assent and Iohn 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 a Bastard poysoning Conrade the seventh King of Naples and usurping the Crown was deposed by Charles Earle of Aniou who enjoyed the Crowne till Aragon seased on the Realme Ione Queene of Naples married Andrew second sonne to Charles King of Hungary whom she hanged at her window for insufficiency after marrying Iames of Tarragon she beheaded him for lying with another woman and was at last driven out of her Kingdome by Lewes of Hungary and hanged at the same window where she hanged her first husband Peter Duke of Venice was for his tyranny and misgovernment besieged in his palace by the people which they fired and then taking him his wife and sonne dragged them unto the butchery where they chopped them in pieces and threw him to the dogs to be devoured notwithstanding all their submissions and intreaties on their knees Anno 977. So Duke Falier and many othe Dukes have beene condemned to death and executed by the States of Venice and that justly as Bodine grants Multitudes of such like presidents occur in most other Dukedoms and Principalities which I will not name because they want the title of Kings though Aquinas truly holds That a Kingdome is so called from ruling therefore he who hath others under his government is said to have a Kingdome in reality though not in propriety of speech and so are Kings in verity though not in title I might adde to these many more examples manifesting what miseries and untimely deaths tyrannicall Kings and Princes have undergone in all ages and States being commonly deposed poysoned murthered but I shall for brevity passe over these examples remitting the Readers to Aristotle Aelian and Doctor Beard his Theatre of Gods Judgements and come nearer home to Scotland as having nearest relation to England Scotland WHat soveraigne power and jurisdiction the Realme Parliaments and Nobles of Scotland have claimed and exercised over their Kings who saith Buâ—â—anan can neither make Laws Warre Peace nor conclude of any great affairs of the Realm without a Parliament which hath there and in Hungary Poland Denmarke Swethland been oft-times summoned not onely without but against their Kings consents and how frequently they have questioned imprisoned censured deposed yea judicially sentenced their Kings for their tyrannies oppressions whoredoms murders rapines and evill administrations you may reade at large in George Bucanan
who was unanimously elected King and â—lew all this tyrants children After the death of Fircormarch there were great divisions and warres for the Crowne between Romach and Angusian two brethren Ramach at last conquering his brother and chasing him into Ireland gained the Crown rather by force then love of the people which to preserve he shewed himselfe very cruell to the adverse party reduced capitall causes to his owne at bitrement and putting many to death strucke a generall feare in all good men Upon thiâ— he grew so generally odious to all estates that they conspired against and suppressed him before he could collect his Forces and cutting off his head carried it about on a Poll as a joyfull spectacle to the people Constantine the first of Scotland as soone as he obtained the Crowne loosed the reines to all Vices he was cruell and covetous towards his Nobles kept company with men of the basest Ranke gave himselfe onely to the rapes of maides matrons and immoderate feasts having fidlers Stage-players and ministers of all sorts of pleasures almost about him with which vices the Nobles of Scotland being offended admonished him of his duty But he proudly centemning them wished them to looke after other matters saying he had councell enough from others and that they should lay aside their false hope that they could reclaime the King by their Councell On the contrary he was of so poore a dejected Spirit towards his enemies that he not onely granted them peace but remitted them injuries and restored them Castles as soone as they demanded them Which caused the Picts and Scots to consult together to depose him by force of Armes from which Douglasse disswaded them for the present by reason of their forraigne wars with the Britans and Saxons In the end he was slaine for ravishing a Noblemans daughter in the 15. yeare of his Raigne King Goran was slaine by the people for favouring Towâ—er chiefe Inquisitor or judge of capitall causes who much oppressed the people his children being young Hugonius succeeded to the Crown and afterwards his brothers Congalus and Kumatel after whom Ardan the sonne of King Goran reigned Ferquhard the 52. King of Scots a craftie man desiring to turne the Kingdome into a tyrannie nourished great divisions among the Nobles but they discovering his malice privilyenter into an accord among themselves and calling a Parliament sommoned him thereunto who refusing to appeare keeping within his Castle they thereupon tooke it by force and brought him to judgement against his will where many and grievous crimes among others his cruelty and negligence in the affaires of the Common-wealth the Pelagian Heresie with contempt of Baptisme and the other Sacraments were objected against him of none whereof he being able sufficiently to purge himselfe was cast into prison where out of shame and sorrow he slew himselfe Ferquhard the second a man polluted with all kinde of wickednesse an unsatiable desirer of wine and money inhumanely cruell towards men and impious towards God when he had every where vexed others with cruelty and rapines at last turned his fury against his owne slaying his owne wife and ravishing his owne daughters for which wickednesses he was excommunicated but the Nobles willing to assemble together to punish him were diswaded by holy Bishop Colman who told the King openly that some Devine judgement would shortly seize upon him which â—ell out accordingly for falling into a Feaver and not abstaining from his intemperance he was eaten up of lice Maldwin 55. King of Scotland was strangled by his Queen for suspition of Adultery with an Harlot for which fact she her selfe was burned 4 dayes after Amberkelethus a vicious wicked king was slain by one of his own men with an arrow in the night when he was marching against the Picts whereupon lest the Army should be dissolved or left without a Generall Eugenius the 7 th was presently chosen King in the Tents who making peace with the Picts his wife being slaine in his bed by two conspirators who sought his life the king being suspected of this murther was thereupon imprisoned but before his triall set at liberty by the apprehension of the Murtherers King Eugâ—nius the 8 th rushing into all Vices and neither regarding the admonitions of his Nobles or Clergie was for his filthy lusts covetousnesse and cruelty slaine in the assembly of his Lords by their generall consent and his companions in wickednesse and villany hanged which was a gratefull spectacle to the people Fergusius the third succeeded him both in his Crowne and Vices he was a foule drunken glutton and so outragiously given to Harlots that he neglected his owne wife and brought her to such poverty that she was forced to serve other Noble women for her living wherefore to expiate this disgrace she murthered him in his bed and afterwards slew her selfe also Donald the 70 King of Scotland gave himselfe wholy to his pleasures keeping none but Hunters Hawkers and inventors of new lusts about him on whom he spent the revenues of the Realme by which he corrupted the youth of the kingdome which the ancients of the Realme discerning assembled and went to the King admonishing him of his duty which he notwithstanding neglected till the wars roused him up Which being ended he returned to his pristine courses Whereupon the Nobles fearing lest this filthy and sloathfull man who would neither be amended by the councels of his friends nor calamities of his people should lose the remainder of the Kingdome which was left cast him into prison where for griefe of his inhibited pleasures or feare of publike shame he layd violent hands upon himselfe Constantine the second was inhibited by his Senators to make war before he had reformed the corrupted youth of the Realme by good Lawes after which he was slaine in battle by the Danes King Ethus his brother and successor polluting himselfe with all vices and drawing all the youth of the Country prone to wickednesse with him he was thereupon seised on by the Nobles who making a long Oration to the people wherein they related the wickednesses of his whole life he was forced to renounce his right in the kingdome and dyed in prison of griefe within three days after Gregory being made King in his stead Constantinâ— the third turning Monke Malchombe was elected king who was slaine by the conspiracie of theeves whose sonne Duffus being an infant Indulfus enjoyed the Crowne to whom Duffus succeeding was murthered by Donald whereupon a Parliament was assembled to chuse a new King which elected Culenus who at last degenerating into all licentiousnesse ravished Virgins Nunnes yea his owne sisters and daughters and set up a kinde of publicke stewes For which being reprehended by the Nobles he excused part by reason of his youth part by reason of â—eare and acknowledgeing his sorrow for the residue promised amendment But he not reforming upon their admâ—nitions they departed from Court that they might neither be witnesses noâ— partakers of
his Crowne-lands to King Henry without his peoples consents so farre incurred their hatred that upon his returne they beseiged him at Barwick and almost tooke him prisoner but by the mediation of some of his Councell who informed the Nobles that the King was by violence fraud circumvented by the King of England of the ancient patrimony of the Crowne land they resolved to recover it by war the Scottish Nobility affirming that the King had not any power to diminish or part with any lands appertaining to the Crown without all their consents in Parliament This King after some encounters making a peace with the English upon unequall termes wherin he parted with some of his ancient territories out of his pusilanimity against his Nobles consent hereupon he grew so odious and contemptible to them that they were all weary of his government and caused many to take up Armes and Rebell against him After the death of King Alexander the third there was a Parliament summoned at Scone to consult about the creating of a new King and the government of the Realme during the Inter-regnumâ— where first of all they appointed six men to rule the Realme for the present and then heard and discussed the severall Titles pretended to the Crowne the finall determination whereof they referred to King Edward the first of England as to the Supreame Soveraigne Lord of the Realme who selecting 12. Sâ—ottish and 12. English Councellors to assist him After full hearing by generall consent of all adjudged the Crown to Iohn Baylioll husband to King Alexanders â—ighest Kinswoman The Scots considering his simplicity and unaptnes to governe them and scarce confiding in him being an Englishman and elected by the K. of England coÌ„stituted them 12. Peers after the manner of France to wit 4. Bishops 4. Earles and 4. Lords by whose advise the King and all the affaires of the Realme were to be governed and directed He was taken and kept prisoner by the English After the death of Robert Bruce the Scots before their King was crowned created a Vice-Roy to govern the Realme who suppressed the theeues and Robbers Edward Bayliol sonne to Iohn Bayliol succeding Bruce was afterwards rejected and deposed by the Scots for adhereing too closely to the English K. Edward and David Bruce elected K. in his place Robert the 2d. of Scotland when a peace was propounded between France England and Scotland by the Pope willingly consented there unto but his Nobles being against it his assent alone was in vaine because the King of Scotland alone can make no firme peace nor truce nor promise which shall bind but by publike consent in Parliament King Robert the 3d. dying of griefe for the captivity and imprisonment of his Son Iames taken prisoner by our King Henry the 4 th as he was going into France the Scots hereupon appointed Robert his uncle by common consent for their Vice-roy till Iames the first of that name right heire of the Cowne were enlarged Iames being freed and Crowned summoned a Parliament wherein an ayde was granted him to pay his ransome with much difficulty he had many Civill wars with his Subjects and at last was murthered by Robert Grame and his confederats from whom he received 28. wounds in his Chamber in the night wherof he presently died Iames the 2. his son being but 7. yeares old at his death Alexander Leviston was chosen Protector and William Crichton made Chancellor by Parliament Which the Earle Douglas storming at committed many insolencies in a hostile manner After which Alexander and his faction opposing the Chancellor and commanding that none should obey him the Chancellor thereupon fortified Edenborough Castle and as the King was hunting early in the morning seized upon him with a troop of Horse brought him to Edinburgh Castle where he detained him from the Protector till the peace of the Kingdom and present divisions should be setled which lasting very long by reason of Earle Douglas his ambition power and covetousnes who raised many grievous civill wars he was at last stabbed to death by the King himselfe Anno 1452. contrary to his promise of safeâ— conduct to the Court under the Kings and Nobles hands and seales Wherupon his brethren and Confederats meeting at Sterling resolved to revenge his death and tied the Kings and Nobles writing of safe conduct to an horses taile which they led through the streets of Sterling railing at the King and his Councell as they went and when they came into the market place where they had 500. trumpets sounding they by an Herald proclaimed the King and all that were with him fedifragus perjured and enemis of all good men and then spoiled and burned the Towne Country with all places else that were firme to the King betweene whom and the kings party a bloody civill warre to the spoyle of the Countrey continued above two yeares space with various successe till at last with much difficulty this fire was extinguished and the King casually slaine with the breaking of a Cannon whose sonne Iames the 3. being but 7. yeeres old was proclaimed king in the Campe and the Queen Mother made Regent till a Parliament might be called to settle the government but when the Parliament assembled upon the Oration of Kenneth Archbishop of Saint Andrewes shewing the Inconveniences and unfitnesse of a womans Government they Elected 6. Regents to governe the King and Realme during his minority After which Bodius was made Vice-roy This king being seduced by ill Courtiers and Councellors which corrupted him thereupon divers of the Nobles assembling together resolved to goe to the Court to demand these ill Councellors and seducers of the King and then to execute them which they did accordingly and that with such fury that when they wanted cords to hang some of them they made use of their horses bridles and every one strave who should be forwardest to doe this execution The king promising reformation was dismissed but in steed of reforming he meditated nothing but revenge blood and slaughter in his minde and plotting secretly to murther the Nobles in Edenburg by the helpe of Earle Duglasse he detesting the fact and revealing the Treachery thereupon the Nobles who formerly desired onely his reformation took up Armes to deâ—â—roy him as one incorrigible and implacable whereupon they made the Kings sonne Vice-roy and knowing the kings perfidiousnesse would yeeld to no termes of peace unlesse he would resigne up his Crown to his son which he refusing thereupon they gave him battle and slew him as a common enemie After which calling a Parliament they created his son Iames the fourth king who comming under the power of the Duglasses rescued himselfe at last from them and invading England Anno. 1542 when he proclaimed Oliver Sincleer his favorite Geneâ—all the Scottish Nobility tooke it in such indignation that they threw downe their weapons and suffered themselves to be taken prisoners whereupon the king growing sicke with griefe and anger soone after
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 Tentâ— But as for the children of Israel which dwelt in the Cities of Iudah 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 Sâ— 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 reject 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 lookout THE BEST AND MEETEST of their Masters sonnes and set him on his Fathers throne and fight for their Masters bouse But they being exceedingly afraid said two Kings â—ould not stand before him how then shall we 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 burat 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 years 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 Iehoahaz 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 kingdomes and Crowns immediatly from God himself by a divine right which may be further conmed by the 1. Macab 9. 28. 29. 30. After the death of Iudas Maccabeus all Iudas his friends came unto Ionathan his brother and said unto him since thy brother Iudas dyed we have none like to him to goe forth against our enemies Now therefore WEE HAVE CHOSEN THEE this day TO BE OVR PRINCE and Captain in his stead that thou maist fight our battells Vpon this Ionathan took the Government on him at that time After Ionathans death the People said unto Simon his brother with a lowd voyce 1 Mac. 13. 8. 9. Thou shalt be our Leader instead of Iudas and Ionathan thy brother fight thou our battels and whatsoever thou commandest us wee will doe And the Iewes and Priests were well pleased that Simon should be their Governour Captain and High Priest and Simon accepted thereof 1 Mac. 14. 41. to 49. Hence Carolus Sigonius de Repub. Hebraeorum l. 7. c. 3. writes That the kings of the Israelites were created by the Suffrages of the People that the Kingdome of Israel was translated to divers Families for their idolaâ—ry that although the kingdome of Iudah were in some sort hereditary yet it was confirmed by the Suffrages of the People which he proves by the example of Rehoboam and others and that they obtained the Royall dignity not onely by inheritance but likewise by the Suffrages of the People as every one may clearly know who shall but consider the Histories of their kings Which plainly refutes the wild impudent false assertion of the Author of An Appeale to thy Conscience newly published p. 13. where thus he writes Observable it is that thorowout the whole Scriptures we read not of Any King I doubt hee never read the Scriptures else he could not be so grossely mistaken THAT WAS CHOSEN BY THE VOYCE OF THE PEOPLE Nor of an Aristocracy that is where the Nobles govern nor of a Democracy that is where the people govern And therefore let them consider how they can answer it at the last day who shall endeavour to change an hereditary kingdome into an elective or any other forme of Government whatsoever that the people doe properly and absolutely make a king is false c. But had this illiterate ignoramus seriously perused the precedent or subsequent Texts here cited with the best Commentators on them or read over advisedly Iosh. 22. Iudges 17. 6. c.
1172. Where the King entring parley with the English Nobility did so farre winde himselfe into their good opinions that they all forthwith laid downe their weapons And he for his part fearing to lose the Crowne with shame which he had gotten with effusion of so much blood gave his Oath upon the holy Evangelists and the reliques of Saint Albane the Martyr the same being ministred to him by Abbot Fredericke swearing to observe and inviolably to keepe the ancient Lawes of this Land and most especially those compiled by King Edward the Confessor though as the event soone shewed he little meant to doe as he promised Peace thus established this conference ended and the Kings Oath received the English Armies disband themselves as dreaming they had now good fortune by the foote and hoping the greatest stormes of their dangers were past which presently proved but a vaine surmise For King William having compounded with the Danes began extreamely to hate the English Nobles and with full resolution of their destruction suddenly set upon them apart which hee durst not attempt when they were united so that slaying many imprisoning others and persecuting all of them with fire and sword well was he that could be first gone Such little faith or assurance is there in the solemne Oathes and Protestations of Kings to their Subjects which are seldome really performed and intended onely as snares to intrap them if they confide and rely upon them without any better security After the death of William the Conquerour William Rufus his younger sonne in the absence of Robert the elder Brother hastens into England to obtain the Crown and finding the greatest part of the Nobles against him he gave his solemne Oath and faith to Lanfranke Arch-bishop of Canterbury his Tutor that if they would make choise of him for their King he would abrogate the over-hard Lawes of his Father and promise to observe justice equity and mercy throughout the kingdome in every businesse and defend the Peace and Liberty of the Church against all men and ease them of all hard taxes Upon which conditions volentibus omnibus Provincialium animis by the voluntary consent and voyces of all he was chosen and Crowned King Which promise and Oath he soone after brake saying Who is it that can fulfill his promises Whereupon many of the Nobles levyed warre against him adopting Robert his elder Brother King William Rufus dying Henry the first his younger Brother in the life of Robert the right Heire assembling all the Clergy and people together to London to procure their favour and love to chuse him for their King and Patron He promised the Reformation of those Lawes by which England had beene oppressed in the Reignes of his Father and Brother To which the Clergy and Nobles answered That if hee would with a willing minde reforme those rigorous Lawes remit the Taxes imposed upon the Subjects and by his Charter confirme those ancient Lawes and Customes which flourished in the kingdome in the time of holy King Edward they would unanimously consent to him and consecrate him for their King Which he willingly assenting to and affirming with an Oath that he would performe he was by the assent both of Clergy and people consecrated King at Westminster promising by Oath to confirme King Edwards Lawes and renounce all oppression in pursuance whereof as soone as he was created he by his Charter confirmed and reformed divers Lawes for the ease and benefit of his Subjects recorded at large by Matthew Paris Speed and others The beginning of this Charter is observable Henry by the Grace of God of England c. Know ye that by the mercy of God and COMMON COUNSELL of the Barons of the Kingdome of England I am Crowned King And because the kingdome was oppressed with unjust exactions I out of respect to God and the love I beare towards you all make the Church of God free c. And all the evill customes wherewith the kingdome of England was unjustly oppressed I take from thence which evill customes I here in part set downe And in the end of his Charter he confirmed and restored to them King Edwards Lawes with those amendments of them which his Father made by the consent of his Barons After which those Lawes of his were published through all England and Ranulph Bishop of Durham banished the Court and committed to the Tower for his oppression bribery and other crimes Henry deceasing Maude the Empresse his right Heire to whom the Prelates and Nobles had sworne fealty in her Fathers life time was put by the Crowne by the Prelates and Barons who thought it basenesse for so many and great Peeres to be subject to a woman and that they were freed of their Oath by her marrying out of the Realme without their consents and Stephen Earle of Mortaine who had no good Title assembling the Bishops and Peeres at London promising to them an amendment of the Lawes according to all their pleasures and liking was by them all proclaimed King whereupon they all tooke their Oathes of Allegiance to him conditionally to obey him as their King so long as hee should preserve the Churches Liberties and keepe all Covenants and confirme them with his Charter according to the old Proverbe Quamdiu habebis me pro Senatore ego te pro Imperatore All this the King at his Coronation swore and promised to God the people and Church to performe And presently after going to Oxford he in pursuance of his Oath there sealed his fore-promised Charter of many indulgent favours the summe whereof was this That all Liberties Customes and Possessions granted to the Church should be firme and in force that all bad usages in the Land touching Forests exactions and annuall Taxes which his Ancestors usually received should be eternally abolished the ancient Lawes restored prefacing therein That he obtained the Crowne BY ELECTION ONELY Haec autem specialiter alia multa generaliter se servaturum juravit sed nihil horum quae Deo promiserat observavit write Matthew Paris Hoveden and Huntindon Pene omnia perperam mutavit quasi ad hoc tantum jurasset ut praevaricatorem Sacramenti se regno toti ostenderet saith Malmesbury Granting those immunities rather to blinde their eyes than with any purpose to manacle his owne hands with such parchment chaines Such faith is to be given to the solemnest Oathes of Kings But this his perjury was like to cost him his Crowne his Prelates and Peeres thereupon revolting unto Maude The form of King Henry the second his Oath I finde not onely I read that upon his Coronation he caused the Lawes to be reformed by advise of discreet men learned in the Law and by his Proclamation commanded that the good Lawes of his Grand-father Henry should be observed and firmely kept throughout the Realme Wherefore it is probable he tooke the same Oath that he did Richard the first succeeding at his Coronation
grievances I ought not to prostitute my selfe to his mercy Neither would this be for the Kings honour that I should consent unto his will which is not grounded upon reason Yea I should doe an injury to him and to Iustice which he ought to use towards his Subjects and to maintaine And I should give an ill example to all by deserting Iustice and the prosecution of right for an erronious will against all Iustice and the injury of the Subjects For by this it would appeare that we loved our worldly possessions more then Iustice it selfe And whereas the Kings Counsellours object that wee have combined with the Kings capitall enemies namely the French Scots Welsh out of hatred and dammage to king and kingdome That of the French is altogether false and that of the Scots and Welsh too excepting the king of Scots and Leoline Prince of North-â—ales who were not the kings enemies but faithfull friends untill by injuries offered them by the King and his Counsell they were by coertion against their wills alienated from their fidelitie as I am And for this cause I am confederated with them that we may the better being united then separated regaine and defend our rights of which we are unjustly deprived and in a great part spoiled Whereas the Kings Counsell propose that I ought not to confide in my Confederates because the King without any great hurt to his Land can easily separate them from my friendship Of this I make no great doubt but by this the iniquity of his Counsellors doth most of all appeare that in some sort they would cause the King to sustaine losse by those whom he specially calls capitall enemies to injure mee who have alwaies beene his faithfull Subject whiles I remained with him and yet would be so if he would restore to me and my friends our right Whereas the said Counsellors say that the Pope and Church of Rome doe specially love the King and kingdome and will Excommunicate all his adversaries which thing is even at the dores because they have already sent for a Legate It pleaseth mee well said the Marshall because the more they love the King and kingdome by so much the more will they desire that the King should treat his Realme and Subjects according to justice And I am well pleased they should excommunicate the adversaries of the Kingdome because they are those who give Counsell against Iustice whom workes will manifest because Iustice and Peace have kissed each other and because of this where Iustice is corrupted Peace is likewise violated Also I am pleased that a Legate is comming because the more discreet men shall heare our justice by so much the more vilely shall the adversaries of Iustice be confounded In which notable discourse we see the lawfullnesse of a necessary defensive Warre yeelded and justified both by the King his Counsell and the Earle Marshall as well against the King himselfe if he invade his Subjects first as any of his Forces who assist him After which the Marshall flew many of his Enemies by an Ambufâ—ado while they thought to surprise him and wasted and spoiled their goods houses lands observing this generall laudable rule which they made to doe no hurt nor ill to any one but to the Kings evill Counsellors by whom they were banished whose goods houses woods Orchards they â—poiled burnt and rooted up The King remaining at Glocester heard of these proceedings of the Marshall but his forces being too weake he durst not encounter him but retired to Winchester with Bishop Peter confounded with over much shame leaving that Country to be wasted by his adversaries where innumerable carcases of those there slaine lay naked and unburied in the wayes being food to the beasts and birds of prey a sad spectacle to passengers which so corrupted the ayre that it infected and killed many who were healthy Yet the Kings heart was so hardned by the wicked councell he followed against the Marshall that the Bishops admonishing him to make peace with him WHO FOVGHT FOR IVSTISE he answered that he would never make peace with him unlesse comming with an halter about his necke and acknowledging himselfe to be a Traytor he would implore his mercy The Marshall both in England and Iâ—eland professed that he was no Traytor that his warre being but defensive was just immutabiliter affirmans quod 〈◊〉 sibi de jâ—re quod suum er at reâ—etere posse Regis Coâ—sil orum sicorum modis omnibus quibus poterat infirmare William Roshanger in his continuation of Matthew Paris speaking of the death of Simon Monfort Earle of Leycester slaine in the Battle of Evâ—sham the greatest Pillar of the Barrons warres useth this expression Thus this magnificent Earle Symon ended his labors who not onely bestowed his estate but his peâ—peâ—son also for releiefe of the oppression of the poore for the asserting of Iustice and the right of the Realme he was commendably skilfull in learning a dayly frâ—quenter of divine Offices constant in word severe in countenance most confiding in the prayers of Religious persons alwayes very respectfull to Ecâ—lesiasticall persons He earnestly adheared to Robert Grosthead Bishop of Lincolne and committed his children to his education By his advise he handled difficult things attempted doubtfull things concluded things begun specially such things whereby he thought he might gaine desert Which Bishop was said to have enjoyned him as he would obtaine remission of his sinnes that he should undertake this cause for which he contended even unto death affirming that the peace of the Church of England could never be estaâ—lished but by thâ— materiall sword and constantly averting THAT ALL WHO DIED FOR IT WERE CROWNED WITH MARTYRDOME Some say that this Bishop on a time laying his hand on the head of the Earles eldest sonne said unto him O most deare sonne thou and thy father shall both dye on one day and with one hand of death YET FOR IVSTICE AND TRVTH Fame reports that Symon after his death grew famous by many miracles which for feare of the King came not in publicke Thus this Historian thus Robert Grosthead the most devout and learned Bishop of that age who most of any opposed the Popes Vsurpations and exactions determine of the justice and lawfulnesse of the Barons Warres Walter Bishop of Worcester concurring in the same opinion with Grosthead The same author Rishanger records that the Earle of Glocester a great stickler in these warres against the king with whom at last he accorded signified to the King by his Letters Patents under his seale that he would never â—eure Armes against the King his Lord nor against his Sonne Prince Edward NISI DEFENDO but onelâ— in his Defence which the King and Prince accepting of clearely proves that defensive Armes against King or Prince were in that age generally reputed Lawfull by King Prince Prelates Nobles People I may likewise adde to this what I read in Matthew Westminster that Richard Bishop of
sword he openly commanded him before all to use the same even against his owne person if he governed not the Empire well or violated Law and Equity confessing thereby that he was subject not only to the Lawes but to the sword of Justice too in these Officers hands in case he did offend much more then to the Senate I read of the Emperor Decius elected by the Senate that he preserved the authority of the Senate who compelled him to make his Sonne his companion in the Empire following their Counsell in all matters of Government governing all things with great wisdome and equity by the advice and consent of the Senate to the great contentment of all the Roman People and going into Thracia against the Gothes he left the Government in the hands of the Senate permitting them to chuse a Censor at their pleasure who had Supreme Iurisdiction over all men which office some former Emperors had usurped making themselves Censors So Claudius the second and Tacitus did nothing without the consent advice and counsell of the Senate either in matters of Warre or Peace And Polybius writes expresly That the Roman Emperors Counsels and purposes were efficatious or invalid at the pleasure of the Senate which had power to remove or continue them to encrease or abridge their power and wealth to decree or deny them triumphs towards which they contributed and that they could neither make warre nor peace nor truces without the peoples consent Their Emperors in truth being but their chiefe Generals in their warres at the first in right Thirdly They had power to create one two or more Emperors at once as appeares in their election of Gordianus the Father and Sonne to be Joint-Emperors at once and of Maximius Pupienus and Clodius Balbinus and Gordianus to be Câ—â—sars at once And those who could thus create more Emperors then one when they pleased no doubt had a power above the Emperors Fourthly They had a Soveraigue power judicially to convent censure yea to depose and adjudge their Emperours to death for their tyranny and misgovernment this appeares by the case of Nero that wicked Empâ—rour whom the Senate judâ—cially deposed condemned for his tyranny and misgovernment as a publike enemy to the State adjudging him to have his head fastned to a forke and so to be publikely whipped to death and then precipitated from a rock upon which sentence he being sought for and forsaken of all to a voyd the execution of it murthered himselfe with a poinyard So when Domitiâ—n was slain the Senate assembling the same day caused all his Statâ—es to be throune downe and all the inscriptions and memorials of him to be cancelled defaced and elected Nerva Emperour Didius Iulianus who purchased the Empire by bribing the Soldiers comming to Rome with an Army went to the Senate where assembling such Senators as were present by their decree he was proclaimed Emperour and they presently made his Son in law Cornelius Repentinâ—â—â— Praetor of Rome putting Sulpetianus out of that office and from thence he was caried to the Imperiall Pallace and held for Emperour more through force then good will of any honest men But the people hateing and cursing him at last a full Senate being assembled by the common consent of all the Senators it was decreed that Iulianus should be deprived of the Empire as a man unworthy to rule and Severus proclaimed Emperour to whom two of the principall Senators were sent to yeild him their obedience with the Ensignes of the Empire and Iulianus being generally abandoned they commanded him to be slaine in his pallace Heliogabalus that monster of wickednesse was slaine by the praetorion Souldiers by the Senates and peoples approbation who commanded he should no more be called Antoninus and that in detestation of him no other Emperour should after that be called by this name and that he should be called Tiberinus according to the manner of his death his body being tyed to great stones and sunke in Tiber that it might never be found So Maximinus the Emperour oppressing and Tyrannizing over the people with great cruelty was deposed by the Senate and he with his sonne though already made Caesar and declared Emperour adjudged enemies and Rebels and Gordianus with his Sonne elected and proclamed Emperours by the Souldiers people and Senate of Rome After which they considering the great power of Maximinus to secure the City made great preparations to resist him and writ letters to all their Provinces that all those Governours that Maximinus had there placed should be displaced which direction was generally obeyed and the Governours most of them slain Thereupon Maximinus then in Hungary posts with his Army and Son towards Rome and young Gordianus being slain his Father strangled in the interim the Senate assembled in the Temple of Iupiter chose Maximus Pupienus and Clodius Balbinus Emperours and to please the people which consented not to their elâ—ction they likewise named young Gordianus Caesar and raised forces to resist Maximinus who lying before Aquilia his Souldiers hearing that he with his Sonne were proclamed Rebels at Rome and new Emperours elected came boldly to their Pavilions about noone slew them and sent their heads to Rome By these with sundry presidents of like nature it is apparent that the Soveraigne power and Jurisdiction even after the Roman empire erected continued still in the Senate and people to whom the Emperours were responsible by whom they were deposed yea put to death for their misdemeanours aâ—d offences against the state and oppressions of their Subjects Which power they retained till the Emperours removed their Courts from Rome to Constantinople by which meanes the authority of the Senate and dignity of the Consuls was almost wholly lost by degrees in Iustine the seconds reigne After the seat of the Empire was translated to Constantinople the Senate People Souldiers and Patriarchs of Constantinople claimed a right and power to elect their Emperours to prescribe conditions and Oaths unto them before they were crowned as also a power in some cases to depose them yea execute them as you may read at large in their lives Of which I shall recite some instances Iulian the Apostate dying Iovinian assensu omnium by the joynt assent of all the Souldiers Captains and people was elected Emperor who absolutely refused the Empire saying that he being a Christian would not be an Emperor over Infidels But all men were so pleased with his election that they cryed out aloud saying we are all Christians And for his sake those which were not so resolved to become Christians upon condition that he would accept the Empire which he thereupon accepting with incredible joy and gladnesse they swore obediâ—nce to him and gave him the Imperiall Ensignes He being casually smoothered or death Valentinian the first was by the joynt consent of the Captains and Souldiers chosen Emperour after which the Empire went by descent till the death of Valentinian the second and then Martianus by means
grievously discontented removed divers from their offices and put many of the richest and head men of the citie to death upon surmised causes without proofs of justice For which causes and many other oppressions the Lords againe assembled their people intending to subdue the king and to set his brother in his place or to cause him otherwise to rule the Commonwealth To which end all the Lords met at a Towne called Stampes where they continued their Councell fifteene dayes and then marched to Paris sending four severall letters unto the citie one to the Bishops and spirituall men the second to the Consulls and headmen the third to the Vniversitie the fourth to the Commonnalty signifying That neither they nor any of their company were come thither as enemies to the Citie or to warre against it or the Commonwealth of the Land but for the increase and augmentation thereof to the uttermost of their powers VVhereupon these foure parties sent certaine Orators for them to the Lords who after long communication with them had returned to the citie with this report First the Lords would that the inhabitants of the City should consider the conditions of the King which yearly oppressed his Subjects with taxes and other grievous servages Secondly how he despised the noble bloud of his Realme and drew to him villaines and men of no reputation by whose counsell onely all the Common-weale of the Land was guided and ruled Thirdly how hee ruled his Subjects by force and will without administration of justice and himself in all Counsels and Parliaments is Iudge of all causes and calleth himselfe Counsels and Parliaments more for this singular weale then for the Common-weale of his Realme Fourthly how he enhaunsed men of low birth to great honours and caused Noblemen to be obedient unto them intending to bring the said ignoble men to be equall with the Princes of the Land Fifthly how the Lawes be delayed and bolstered by such as stand in his favour wherethrough at this day Law is will and will is Law and no man almost in any surety of life or goods insomuch that daily many have been banished and put to death for unlawfull causes and also to any Noble-man at this day no power or roome of honour belongeth so that to the wild Beasts in the Forrests appertaineth more Liberty and surety then to the more party of the Kings subjects Sixthly The great taxes and summes of money which daily be levied of the Commons be not spent in the Kings honourable needs and for the Commonweale of the Realme but are spent vainly and riotously and bribed out of the Kings Coffers for which enormities and misgovernance with many other the said Lords were come thither in defensible wayes for the safeguard of their owne persons as to the head and principall City of the Realme for to have aide and Counsell to reforme the foresaid evills not intending any harme to the Kings person or yet to remove him from his regality or Kingly Majestie but to induce and advertize him to that which should be for his honour and the weale of his Realme and to live in wealth and honour as his Noble Progenitors lived before him For which causes and considerations the said Lords as the Kings true Subjects and friends to the Commonwealth of the Land and of that City desired to enter there to refresh them and their people and to pay truly for all things they should take without doing harme or violence to any person All which requests and matters of the Lords shewed to the Inhabitants of the City by fauour of some friends they there had it was with the more partie well accepted and thought convenient they should be received into the Citie but by meanes of the Earle of Davoise it was respited till they had further knowledge of the Kings pleasure who comming out of Normandie into Paris after diuers Skirmishes the King and Lords fell to a Treaty of peace whereupon Commissioners on both sides assembled and communed together by sundry times two dayes In which season new strength of Souldiers came to the King out of Normandâ— The Treatie hanging long and a longer Truce being proclaimed the souldiers fell to robbing and other unlawfull acts and at last through obstinacy on both parties all offers were refused and the day of the Truces expiration approached without hope of accord whereupon provisions for warre were made on both sides Then begun gâ—udges and murmures betweene the kings souldiers and the citizens of Paris and shortly after newes came to the king that the Castle and Citie of Roan was yeelded up to the Duke of Burbon VVhereupon the King considering what great advantage the Lords had of him both by strength and favour of the Commons which daily drew unto them by sundry companies in avoiding of more danger concluded a peace which being proclaimed thorowout all France the King and Lords met to whom the King shewed great semblance of kindenesse specially to his brother Charles Duke of Normandy wherein appeared great dissimulation Lewes being of such conditions That what he might not overcome with strength he would win with dissimulation and treachery Not long after the King warred upon Charles his brother the Duke of Burgundy and Brittaine and a Treaty of peace being propounded betweene them Charles answered That if a perfect concord should be established between the King and him it should be authorized by the whole consent and counsell of the Barons of the Realme VVith which the King being content at Turon in the moneth of April aâ—d tenth yeare of his reigne assembled a counsell of his Lords spiâ—tuall and temporall in the which the demands of Charles and offers of the king were shewed And after the said Counceâ—l had at length reasoned the said demands and offers it was finally determined That the Dutchy of Normâ—ndy was so appropriated unto the King of France and to his heires that in â—o wise it might be dissevered from the Crowne but that a perfect unitie might be had betweene the King and his brother the King should be instanced to give yearly to his brother in recompence of the said Dutchy 12000 pounds of Turon money with certain land to be assigned with the name of a Duke and 40000 annâ—all rent of like money during his naturall life for such portion as he claimed to be his right within the Realme To all which the king agreed and to pardon the Duke of offences against his Majestie and all such Lordships as he had wonne from him in Britaine to restore which offers Charles refusing was the yeare following contented with the Dutchy of Guyan onely and so the warre of Normandy ceased After Lewes his death most of his speciall and dearest beloved Servants and ill Councellours whom he specially recommended to his sonne Charles the ninth on his death-bed came to disgracefull ends Oliver Damman was beheaded for Treason and Iohn Doyacon for trespasse and hatred unto the common people by his desert was
worthy both in respect of his Pedigree and manners should be promoted to the Throne of the Kingdome nor no man attempt the Princes destruction life or usurp his Crowne tyrannically under pain of being smitten with a perpetuall Anathema and eternall condemnation for breach of any the premises These Councels as Mariana observes were in truth Generall Assemblies of the Estates where they handled not only matters of Religion but likewise of the Common-weale by common consent of all Bamba the 26. king of the Goths after Lewes de Mayâ—rn Turquets computation which I follow but 32. after Roderick Sancho was elected king by the Goths as he was plowing with his Oxen in the field being a plain countrey man Some say that he would never have received this honour and charge but by constraint and that refusing it absolutâ—ly a Noble man of the Goths drew his sword and threatned to kill him if he did not yeeld to the Gothes intreatâ—es and that his Goad wherewith he drove his Oxen did suddenly in his hand bring forth leaves fruit and roots whereupon he took this dignity upon him more for fear than for any desire to reign Anno 672. After which Eruinge ambitious of command poisoned king Bamba so as he became madde for curing whereof many naturall and superstitious medicines were applyed but to small effect so as Bamba coming a little to himself again and finding his disabilitie to govern willingly quit the Crown and retired himselfe into a Monastery at Pampliga where he lived seven years and one moneth and Eruinge was chosen king in his plâ—ce whose Election was confirmed and allowed lawfull in the 12 Councill of Toledo Can. 1. as Elected thereto by God and ALL THE PEOPLES DESIRES whom this Councell absolved from their Oath of allegiance formerly made to King Bamba whiles he held the Kingdom In the thirteenth Councell of Toledo under this King Eruinge Anno 684. it was decreed That neither the King nor any other should marry the Widow of the deceased King upon pain of excommunication and to be damned to Hell fire Vitiza the nine and twentieth King of the Gothes at his first coming to the Crown shewed himself milde liberall and religious but soon after became the infaâ—my and dishonour of Kings being full of all excesse of Iust impiety hypoerisie and dissimulation and exceeding in all vices without shame he filled his Palace with many Wives which he married and Concubines too he publikely allowed to all men Nobles Commons Priests and Clergy to marry as many wives and keep as many Wâ—ores as they pleased he used greaâ— crueltie to many flattered the Clergy left by their censures they should draw the people from obeying so filthy and unchaste a king To prevent all rebellions under the colour of peace which Spain did then injoy he caused all the Towns of Spain to be dismantled except Leon Toledo and Asturica he disarmed the people disanulled all the immunities of the Church he recalled the banished the Jews and granted them great priviledges he advanced a most â—icked wretch to great honours execrable to all the people that so he might not say himself was the worst of men Finally as a presage of his future miseries he shewed in all sorts of excesse and violence contrary to the Laws of God and men what Princes ill instructed and ignorant of true pietie could do A Buffone asking him meâ—rily Why do you being a King the son of a King do thus you may lose your Kingdom Hereplyed like another Dionysius My Father left me his kingdoms not fortune In fine Rodorick with the ayd of the Gothes Nobility and of the Romanes chased this in famous Monster out of the Throne which he unworthily held defeated and took him prisoner in a set battell put out his eyes as he had put out others confined him to Cordova where he spent his dayes in misery without Title or honour and by suffrages of the people Rodorick obtained the Crown who soone after exceeded Vitiza in all manner of vices cruelty and tyrannie and ravished the daughter of Iulian Earl of Cava whiles he was in embassage in Affrick for the affairs of the kingdom Who to revenge this indignity and cast out this wicked Monster Anno 713. called the Mores into Spain who over-ran and conquered the Kingdom destroyed Rodorick and put a Period to the Gothes kingdom in Spain Thus Tyrannicall vitious Princes ruine at last both themselves and their Realms Among the Lawes of the Wisigothes Lib. 2. c. 2. 6. I finde not onely an Act declaring their Kings to be subject to their Lawes as well as subjects but likewise a Law restraining their Kings excesses and dis-inabling them to alien their Crown lands or revenues to their own Children or others but onely the Lands which themselves shall purchase which was likewise decreed in the eighth Councill of Tolede under king Recesuinthus wherein there was this complaint made Quosdam conspeximus Reges postquam fuerint regni gloriam assequuti extenuatis viribus populorum rei propriae congerere lucrum obliti quod reges sunt vocati defensionem in vastationem convertunt qui vastationem defensione pellere debuerunt illud gravius innectentes quâ—d ea quae videntur acquirere non regni depistant honori vel gloriae sed it a malunt in suo jure consundi ut veluti ex debito descernant haec in liberourm posteritatem transmitti Resolving that non personae sed potentiae haec subdi debere non habenda parentali successione sed possidendaregali congressione regem terrenum jura faciunt non persona c. I likewise finde another Law nullifying all unjust judgements and sentences given by Iudges through fear or command of the King And another Law giving the King power over all offendors against himself but denying him power to pardon any Delinquents against the Nation or Countrey All which considered prove the whole State Kingdom and Councels among the Spanish Gothes to be above 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 Pelagius the first king of Oviedo â—as 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 â—bâ—atan 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 the made war upon them Froilâ— 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 Aâ—relius Anno 767. who succeeded Froila in the Realm notwithstanding he left a son called D Alphonso the chaste but the hatred that the Noblemen did bear unto his
his vices The king freed of their troublesome company gave himselfe wholy to feaâ—â—ing and venery spending nights and dayes in dishonest sports and pleasures with his dissolute companions and to maintaine his luxurie he pillaged and oppressed his Subjects especially those who were rich and by his disorders fell into a grievous sicknesse which made him a deformed carcasse fit for nothing but to suffer the penalties of his vitious life his Courtiers and companions spoyling the people every where in the meane time Whereupon the Nâ—â—les were enforced to summon a Parliament at Scone where the king was commanded to be present that together with the rest he might consult how to provide for the publicke safety in this precipitate State of things with which â—ommons being awaked he began to consult with his companions what was best to be done for his owne â—afety in these exigenâ—s being unable to resist or flee he resolved to goe to the Parliament hoping to finde some mercy there for his good fathers sake to preserve him from falling into extreame misery but in his way thither he was slaine by the Thane of the Country for his violent ravishment of his daughter his death was acceptable to all because it freed them of such a monster with lesse labour then they expected and Kenneth the third was made King in his place who poysoning his Nephew Malcolme heire to the crown after his decease to settle it on his own posteritie he caused the Lords in Parliament to repeale the ancient Law wherby the Crown discended to the next of kin during the minority of the right heire and to enact that the sonne should 〈◊〉 thenceforth inherite the crowne next after his father through a Minor that the Realme during his Minority should be governed by a Viceroy elected by the Parliament and Nobles till he came to 14 yeeres of age and after that by a Gardian elected by himselfe that if the Kings eldest sonne dyed having issue the issue should inherit before the second brother c. After which the King generally hated for the poysoning of Malcolme was slaine by the practise and command of Fenella He thus cut off Constâ—ntine surnamed the bald sonne of Culen pretending the new Law concerning the discent of the Crowne to be unjust obtained by force and contrary both to the publicke liberty and safety to wit that an inâ—ant commonly governed by a woman being unable to governe or repulse an enemy in times of danger yea a curse of God upon a Realme and therefore not to be endured or setled by a Law especially in those time of warre when they had so many enemies should be preferred before a Kinsman of full age fit to raigne so ambitiously sought the Crowne and made so many friends that he procured himselfe to be proclaimed King at Scone which Malcolme sonne of Kenneth for whose sake this new Law was enacted understanding presently raised all the Forces he could which being conducted by his brother Kenneth Constantine and he in the second encounter were both slaine one of another After whose death Grame the sonne of Duffus usurping the Crowne when he and Malcolme were ready to encounter with their Armes this agreement was made betweene them by Forthred a Bishop that Grame should retaine the Kingdome and the new Law of succession be suspended during his life and Malcolme succeede him after his death After which Grame giving himselfe to all dissolutenesse covetousnesse and oppression and warring upon those Nobles and Councellors who advised him to reforme his evill courses with greater cruelty than any forraigne enemie destroying both men townes cattle fields and making all a common prey hereupon they called in Malcolme out of Northumberland to assist them who encountring Grame on Ascention day tooke him prisoner being deserted of his people wounded in the head and then put out his eyes who soone after dying of sorrow and his wounds Malcholme thereupon summoned a Parliament at Scone and would not take the Crown till the Law concerning the succession made in his fathers raigne was ratified by all their conseâ—ts against which Law Buchanan exceedingly inveighs in the beginning of his seventh Booke as the occasion and increase of all those mischiefes both to King and Kingdome which it was purposely made to prevent This Malcolme after he had raigned long victoriously with much honour in his declining age growing very covetous tooke away the lands he had formerly given to his Nobles for their good service in the wars and punished divers of the wealthiest men so severely that he brought many of them to death others to extreame poverty which injuries lost him all his love honour and so farre exasperated the people that partly out of revenge partly to prevent further oppressions and to provide for their owne securitie corrupting his servants with money they seat their agents into his chamber in the night and slew him Not to mention the murther of King Duncan by Machbed who usurped his Crowne through his pusillanimity this Machbed omitting no kind of libidinousnesse cruelty and tyrannizing over the people for 18 yeares soacâ— together trusting to the predictions of certaine wisards that he should neveâ— be overcome till Bernane wood did come to Dunsinane Castle and that he should never be slaine by any man borne of a woman At last Mackduffe governour of Fiffe joyning himselfe to some few patriots who had escaped this Tyrants sword met at Bernane wood and early in the morning every man bearing a bough in his hand the better to keepe them from discovery tooke Dunsinane Castle by scalado whence Machbed escaping was pursued overtaken and urged to â—ight â—p Mackduffe to whom the Tyrant replyed in scorne that in vaine hee attempted his death for it was his destinie never to be slaine by any man borne of a woman Now then said Mackduffe is thy fatall houre come for I never was borne of a woman but violently cut out of my mothers wombe she dying before I was borne which words so daunted the Tyrant though otherwise valiant that he was easily slaine and Malcolme Conmer the true heire of the Crowne seated in the Throne King Donald being odious and cruell to his subjects they sent for Duncan Malcombes bastard who expelled him the Realme and was created King in his steed who proving harsh cruell and Imperious to his Subjects fell into their hatred and was beheaded in the night by Marpender Earle of Murry corrupted with money by Donald to murther him Donald permitting the Isles to be taken and possessed by Magnus King of Norway and suffering his Realme to be wasted by a secret agreement thereupon the Scots sent for Edgar Malcombes sonne to take possession of the Crowne who entring into Scotland with small forces Donald being deserted by his people betooke himselfe to flight but being apprehended and brought backe to Edgar he was cast into prison and not long after dyed King Malcolm the fourth at a Parliament at Yorke parting with divers of
dyed Anno. 1555. Mary the Daughter of king Iames the sixth of Scotland and heire to the Crowne being within age her mother Queene Mary by common consent was made Regent and shee by common consent and councell of the Nobles married to Francis Dolphine of France In the meane time there hapning some troubles and warres about the reformed Religion which many of the Nobles and people there contended for the Queene Mother granting those of the Religion a confirmation of their liberties and Religion by way of Truce for 6 moneths she in the meane time sends for Souldiers out of France wherewith she endeavoured to suppresse Religion with the remaining liberty of the Scots and to subject them to the French Whereupon the Nobles of Scotland who stood for the defence of their Religion and Liberties by a common decree in Parliament deprived the Queene Mother of her Regencie make a league with our Queene Elizabeth being of the reformed Religion and receiving ayde both of men and money from her besieged the Queene Mother in Edenburgh Castle where she dyed of griefe and sicknesse After which they expelled the French and procured free exercise of the Reformed Religion In the meane time Francis dying the Queene sends for Henry Steward out of England where he and his Father had beene Exiles marries and proclaime him king Iuly 29. 1564. which done she excluded the Nobility from â—er Councells and was wholly advised by David Ritzius a Subaâ—dian whom she brought with her out of France and did all things by his Councell wherewith the Nobles being much discontented finding him supping with the Queene in a little Chamber commanded him to rise out of the place which did little become him and drawing him out of the Chamber stabbed him to death Anno. 1565. The Queene soone after was delivered of a sonne and heire Iames the 6. and then admits Iames Hepburne Earle of Bothwell into most intimate familiarity with her setting him over all affaires of the Realm granting nothing to any petitioner almost but by him and her husband Steward being dead whether of a naturall death or poyson is yet in controversie she married Bothwell openly without the Lords and Parliaments consents Hereupon the Nobles tooke up armes against Bothwel and the Queen besâ—eged the Queen till she rendred her selfe prisoner upon this condition that she should abjure and resigne her interest in the Crowne and Kingdome to her infant sonne which they compelled her to performe and appointed Iames Earle of Morton Vice-roy and Protector during the Kings Minority In the meane time the Queene was committed prisoner to the Castle of the Isle of the Lake Leuine where corrupting Duglasse her keeper the Earle of Mortons Nephew and a shipmaster she escaped to the Hamiltâ—ns in safety who having raised Forces to free her waited her comming on the shoare But the Vice-roy scattering these forces soone after the Queene thereupon fled into England Anno. 1568. Where Queene Elizabeth taking her expulsion ill laboured that she might be restored to the Crowne which could not be effected but by Armes or mediation and neither of them without knowledge of the cause Whereupon the Queene sent for the Vice-roy and Councell of Scotland into England to answere the complaints of their Queene against them which they did in a writing composed by Buchanan and afterwards Printed both in Latine and English wherein they shewed the grounds and order of their proceedings against their Queene wherewith the Queene and Councell were satisfied that they had proceeded rightly and orderly yet to keepe both sides in suspence she pronounced no definitive sentence The Vice-roy departing into Scotland was afterwards murthered by the Hamiltons and Matthew Steward Earle of Lenâ—ux made Vice-roy in his steed The Queene in the interim treated with Thomas Howard Duke of Nerthfolke about a match with him and to seise upon the Realm of Scotland whereupon he was committed to the Tower and she restrained after which she was solemnely arraigned and condemned to death by the Parliament of England for conspiring Queene Elizabeths death c and for it beheaded at Fotherringham Castle Feb. 8. 1587 The History of which Queenes life is more at large related by Buchanan and others and her imprisonment and Deposition professedly justified as lawfull by his Treatise De Iure Regni apud Scotos compiled for that purpose to which I shall referre the Reader What thâ— Lords and Realm of Scotland have done within these 5. yeers last past in defence of their Religion Lawes Liberties by holding generall Assemblies Parliaments taking up armes seising the Forts and Ammunition of the Realm and marching into England against the Kings consent and Proclamations is so fresh in memory so fuâ—ly related in the Acts of Oblivion and Pacification made in both Parliaments of England and Scotland ratified by the King himselfe and in particular Histories of this Subject that I shall not spend time to recite particulars but will rather conclude from all the premises with the words of Buchanan The Ancient custome of our Ancestors in punishing their Kings suffers not our forcing of the Queene to renounce her right unto the Crowne to her sonne to seeme a Novelty and the moderation of the punishment shewes it proceeded not from envie for so many Kings punished with death bonds banishment by our Ancestors voluntarily offer themselves in the ancient Monuments of Histories that we neede no forraigne examples to confirme our owne act For the Scottish Nation seeing it was free from the beginning created it selfe Kings upon this very Law that the Empire being conferred on them by the suffrages of the people if the matter required it they might take it away againe by the same suffrages of which law many footsteps have remained even to our age for in the Islands which lye round about us and in many places of the Continent wherein the Ancient language and constitutions have continued this very custome is yet observed in creating Governours likewise the Ceremonies which are used in the Kings inauguration have also an expresse image of this Law out of which it easily appeares that a Kingdome is nothing else but the mutuall stipulation betweene the people and their Kings the same likewise may be most apparently understood out of the inoffensive tenor of the ancient Law preserved from the very beginning of raigning among the Scots even unto our age when as no man in the meane time hath attempted not onely not to abrogate this Law but not so much as to shake it or in any part to diminish it Yea whereas our Ancestors have deprived so many Kings as would bee tedious to name of their Realme condemned them to banishment restrained them in prisons and finally punished them with death yet there was never any mention made of abating the rigor of the Law neither perchance undeservedly since it is not of that kinde of Lawes which are obnoâ—ious to the changes of times but of those ingraven in the mindes of men
with Acts 13. 21. And afterward THEY DESIRED A KING and God gave them Saul the son of Cis by the space of forty years All these concurring sacred Texts will infallibly demonstrate that this change of the Iudges into Kings and the originall creation of their Kings and kingdoms proceeded only from the importunity and authority of the people who would not be gainsaid herein not from Gods institution or Samuels approbation who censured and disavowed this their motion though they at last condescended to it all which is elegantly related confirmed by Iosephus Antique Iudaeorum l. 6. c. 4 5 6 7. By all this it is apparent that the congregation and people of the Iews had the Soveraign power in themselves as well as other Nations because the authoritie to alter the whole frame of their former Aristocraticall Government into a Monarchy resided in them though they were taxed forchanging it in Samuels dayes who had so justly so uprightly judged them Secondly it is apparent that the Iudges and kings of the Israelites were not properly hereditary but oft elective by the people and though God did sometimes immediately nominate the persons of those that should reign over them as is apparent by Saul David Ieroboam Iehu others yet the people did constantly confirm make them kings and gave them their royall authority none being made kings by Divine appointment but such as they willingly accepted approved confirmed for their kings Gods previous designation being but a preparative to their voluntary free not restrained or limited election The first king among the Israelites though but over part of them was Abimelech the son of Ierubbaal who was made king by the peoples election Iudges 9. 1 to 7. who having perswaded those of Sechem to elect him for their king thereupon ALL THE MEN of Sechem gathered together and ALL THE HOVSE of Millo went and MADE ABIMELECH KING whence Iotham thus upbraided them and him Verse 14. to 19 Then said all the trees unto the Bramble come thou and reign over us And the Bramble said unto the trees If in truth ye annoint me king over you thèn come and put your trust in my shadow c. Now therefore if ye have done truly and sincerely in that YE HAVE MADE Abimelech KING c And that ye have risen up against my fathers house this day and have MADE Abimelech king c. We read Iudg. 8 21 23. that after Gideon had slain Zebab and Zalmunna with the Midianites The men of Israel said unto Gideon Rule thou over us both thou and thy sons and thy sons son also for thou hast delivered us from the hand of Midiaâ— And Gideon said unto them I will not rule over you neither shall my son rule over you the Lord shall rule over you Where we clearly see the power and right to elect a Ruler and to limit the government to him and his Issue for three Generations only to reside in the peoples free election So Iudges 10. 17 18. and Chap. 11. 1. to 12. When the Children of Ammon were gathered together and encamped against Gilead the people and Princes of Gilead said one to another What man is he that will begin to fight against the children of Ammon he shall be Head over all the Inhabitants of Gilead And the Elders of Gilead went to fetch Iephthah out of the Land of Tob and said unto him Come and be our Captain that we may fight with the Children of Ammon and be our Head over all the inhabitants of Gilead Vpon promise of which dignitie he went with them to Gilead and THE PEOPLE MADE HIM HEAD AND CAPTAIN OVER THEM That the election and making of their Kings belonged of right to all the people is past dispute being so resolved by God himself Deuter. 17. 14 15. When thou art come into the land c. and shalt say I WILL SET A KING OVER ME like as all the Nations that are about me THOV shalt in any wise SET HIM KING OVER THEE whom the Lord thy God shall choose one from among thy Brethren shalt THOV SET OVER THEE THOV MAIST NOT SET A STRANGER OVER THEE Where the power of creating and electing the King is left wholly to the peoples free choice with these generall restrictions that he should be one of their brethren not a stranger and particularly qualified as is there expressed And though God did sometime design and nominate their Kings yet he left the power of approbation and ratification of them free to the people as is apparent by 1 Sa. 8. 18. And ye shall crie in that day because of the King WHICH YE SHALL HAVE CHOSEN you Hence Saul their first King though nominated and designed by God and Samuel was yet approved confirmed and made King by the People Who shouted and said God save the King when Samuel presented him to them 1 Sam. 10. 24. But the children of Belial despising and bringing him no presents Verse 27. after Saul had conquered the Ammonites who besieged Iabesh Gilead The people said unto Samuel who is he that said Shall Saul Râ—ign over us bring the men that we may put them to death Then Saul said There shall not a man be put to death this day for this day the Lord haâ—h wrought salvation in Israel Then said Samuel to the people Come let us go to Gilgal and renew the Kingdom there And ALL THE PEOPLE went to Gilgal and there THEY MADE SAVL KING before the Lord in Gilgal Where Samuel useth this speech to the people concerning Saul Now therefore behold THE KING WHOM YE HAVE CHOSEN and whom Ye have desired the Lordhath set a King over you so that the choice and election of him was as well theirs as Gods And Verse 25. he calls him Your King because chosen and made by as well as for the people Saul being slain by his owne hands the Crown descended not to his sonne by way of descent but David succeeded him by Gods designation and the Peoples election too by whose authority he was made and crowned king being formerly annointed by Samuel to succeed Saul This is irrefragable by the 2 Sam. 2. 4. Where David going up to Hebron by Gods direction the men of Iudah came and there They Annointed David King over the House of Iudah After which 2 Samuel 5. 1. to 5. ALL THE TRIBES OF ISRAEL came to David to Hebron and spake saying Behold we are thy bone and thy flesh Also in time past when Saul was King over us thou wast he that leddest out and broughtest in Israel And the Lord said to thee Thou shalt feed my people Israel and thou shalt be a Captain over Israel So AL THE ELDERS of Israel came to the King at Hebron and King David made a League or Covenant with them before the Lord and THEY ANNOINTED DAVID KING OVER ISRAEL And in the 1 Chron. 12. 23. to 40. Wee have a particular recitall of the numbers of the bands that were ready armed to
cease to be a King or at least be lesse a King those verily who shall study the profit of the Kingdom are truly the Kings friends those who neglect or subvert the profit of the Realm are truly his Enemies and as thou câ—nst by no means separate the Kingdom from the people nor the King from the Kingdom so neither the friends of the King from the friends of the Kingdom or people yea verily as those who truely love Caesar would rather have him to be a King then a private man nor can they have him a King without a Kingdom in good â—ooth those shall be the Kingdoms friends who are Caesars and those who would seem to be more the friends of Caesar then of the Kingdom or people are truly to be reputed Flatterers and most pernicious enemies But and if they bee truely friends is it not manifest that the King will become more powerfull and stable as Theopompus said of the Ephori when instituted by how much those shall be more and more powerfull to whom the profit of the people or Realm shall be commanded and committed But perchance thou wilt say You tell me of the Senators Peers and Officers of the Realm but I on the contrary see nothing but Ghosts and as it were ancient Cote-Arms in Tragedies but I scarce any where discern any foot-steps of ancient libertie and authoritie Finally you may see most men every where to look to their own affairs to flatter kings to cheat the people scarce any where maist thou finde one who takes pity of the mascerated people much lesse who will give help to the miserable but if there be any who are truely of that minde or thought to be so they are judged Rebels or Traitors they are banished and they are compelled to begge even their very food What the thing is thus It seems almost alwayes and in every place the audacitie of Kings or partly the prevarication partly the slothfulnesse of the Nobility hath been such that kings may seem to have usurped that licentiousnesse wherewith most of them at this day seem to wax insolent by a long prescription of time but the people may seem to have determined their Authority or to have lost it by not using it For so it happens for the most part that no man takes care for that which all are bound to take care of that which is committed to all no man thinks it is commended to him Yet notwithstanding against the people neither this prescription nor prevarication doth any thing It is a vulgar saying that no prescription can hurt the king or Exchequer much lesse all the people who are potenter then the King and for whose sake the Prince hath this priviledge for why else is the Prince only the administrator of the Exchequer but for the people the true proprietors as shal be after proved Furthermore is not this a known truth that no violence no not in the longest lasting servitude can be prescribed against liberty But and if thou objectest that Kings were constituted by the people who perchance lived above five hundred yeer since not by the people extant at this day I answer that although kings doe die the people in the mean time as neither any other Universitie never dyeth for as flowing waters make a perpetuall river so also the vicissitude of birth and death an immortall people Therefore as the Rheine Seine Tyber is now the same as it was above a thousand years agoe so likewise the Germane French Roman people are the same unlesse Colonies shall have casually intervened neither can their right be any wayes changed either by the flux of water or change of individuals Besides if they attribute the Kingdom received not to their people but to their Father he to his Grandfather and so upwards could he transfer more right to another then himself first had But and if he could not as it is certain he could not is it not manifest whatsoever he shall arrogate to himself besides that he cannot any more usurp it then any 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 he 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